HomeMy WebLinkAboutOrdinances (O-05-1529)-06/21/2005
ORDINANCE 0-05-1529
AN ORDINANCE OF THE CITY OF cOLLEYVILLE, TEXAS, AMENDING SECTION
3.23 PLANNED UNIT DEVELOPMENT REGULATIONS, OF THE LAND
DEVELOPMENT CODE, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00);
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
regulation; and
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain portions
of the Land Development Code regarding Planned Unit Development
regulations; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the zoning regulations to the City Council; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration,
among other things, the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning regulations,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the persons
interested, the governing body of the City of Colleyville is of the opinion
that said change in zoning regulation should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
cOLLEYVILLE, TEXAS:
Sec. 1,
THAT Section 3.23 - PUD-R; C; I; of the Land Development Code, is
hereby amended in its entirety to read as shown in the attached Exhibit
"A",
See, 2.
Sec. 3.
Sec. 4,
Sec. 5.
See, 6.
Sec. 7.
Ordinance 0-05-1529
Page 2 of 2
THAT Ordinance 0-00-1214 adopting the Land Development Code of the
City of Colleyville, as amended, shall remain in effect, except where
amended by this ordinance.
THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided
for in the Comprehensive Zoning Ordinance of the City of Colleyville, and
upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense.
THAT any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
THAT addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
THAT this ordinance shall take effect immediately from and after its
passage.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
T~.~ ~eading and public hearing being conducted on the 1'>>( day of
~ 2005.
jh second reading and public hearing being conducted on the 02./ s~ day of
_~ 2005,
A/l~~ 'ntM CITY OF COLLEYVILLE
'-'I 'L ;'>f-7Jl Lbc~~~
Cynthia Singleton, TRMC David Ke~l~ -) (/
City Secretary Mayor
APPROVED AS TO FORM
~ l}J. r,,,
Matthew C. G. Boyle
City Attorney
Exhibit "A
Exhibit "Section 3-410 PUD Rlanned Unit �e�etopments
A. Purpose - The purpose of a Planned Unit Development (PUD) is t� pra�ide for greater flexibility and
discretion in the approval af residential, non-residential and mixed use developments by encouraging
creative, efficien# and aesthetically desirable residential and commerciai projects ihat are superiar to what
couki be accomplished in ather zaning districts through the use of increased oper� spaces, greenbelts, or
by praviding enhanced amenities ar features within the development that will be of special benefit to khe
praperty owners or to the community.
B. Ordinance Required and Effect on Official Zoninr�Map — Every Planned Unit Develapment appraved
under the pra�isions of ihis sectio� shakl be considered an amendment to the Land De�elopment Code
and O�cial Zoning Map af the City of Collsyville, 7exas. !n approving any request for a Planned Ur�it
Develapment districi, the City Council sha[f, upan recommendation of the Planning and Zoning
Corr�mkssion, incorporate in the approving ordinance reference t�e appr4ved site plan, supporting
docum��ts and include other conditio�s or restrictions imposed on the project by the Commission,
i�cluding those of the Cauncil. The ap�roval and adoption of the amending ordinance by the City Counci!
shall result in the apprapriate change ta the "OfFcial Zaning Map."
C. General Develonment Standards — The standards and re�uirements set forkh in the LaRd Developrnent
Code shall be applicable to every Planned Unit Development, except where a new or different star�dard or
requireme�t has been set forth in the ordinance establishing the PllD district. Such standards or
requirements may be in additinn to or in lieu of a development standard contained i� the Land
Development Code. The ordina�ce creating the Planned Unit De�elopment may establisfi� these
requiremenis specificalfy in the ordinance or by reference to another zoning district,
D. Classification of Planr�ed Unit Developmen#s — The approving ordinance establishing a Planned llnit
Development shall incl�de one of tha following classifications, which shall also be shown an the Official
Zoning Map using the applicab[e letter symbol.
Planned Unit Developmeni Classifications
��p Planned Unit Develapment- Residential PEanned Unit De�e[opment - Cammerciaf
Classification
Ma S mbok PUD-R PUD-C
Planned devefopments containing Planned developments containing primarily
primarily residential dwelling units, non-residential uses, such as commerciaE,
Classificat�ons which may be grouped inio clusiers and affice, professioRal services, reiail,
Defined may have a higher density than a institulional and industrial uses, or
conventional single family pro�ect of the combinations fhereof, shall be classified as
same acreage, shall be classified as Planned Unit DeveEopment — Commercial.
Planned llnit De�efopment — A PUD-C may also contain a por�ion of
Residential. A Pt1�-R may also cantain residenfia{ uses.
a ortion of non-residential uses.
E. Permitted Uses — Th� uses permitted in a Planned Unit Development shall be enumerated in the
approving orcfinanee with land use descriptions consistent with the 7ab1e of Permitted Uses, contair�ed
elsewhere in this Lan� Development Cade. A�lanned Unik l�e�elopment may allow a combination of
land uses, a specific use, or a class of generic uses, such as singEe family residential, affice, retail,
commerciaf or educational facilities, ar a reference to another zoning district.
F. Prohibited Uses — Uses not expressly permifted in the ordinar�ce approving the Pianned linit
Devefopmenk shall be prahibited.
G. Maximum Residenkial Dens� — The maximum residential density permit�ed in a PUO-R district, or in a
PUf]-C district where residential uses are proPased, shall not exceed 1.8 dwelling units per grass acre.
For the purpose of this regulation, the density calculation shal! include ail residentia� areas of the project
and one-half of any abutting street sitaat�d a�jacent ta the praject. This calculation shalE exclude all
proposed non-residential acreage from the grass acreage.
H. Densit Bonus — A proposal for a PUD-R or a PUD-C containing a residen#ial density exceeding 7.8
dwelling units per acre may be considered where the amoun# of open space area prflvided exceeds the
minimum open space ret�uirement ar where addEtional amenit�es are pro�ided within the open space area.
A PUD proposa� which coniains a der�sity exceeding 1.8 dwelling units per acre shall only be acceptable
in an area consistent wi�h sound land use planning, sucf� as a trartsitional area sitliated between a non-
residential area and less dense residential devefopments, or near a major street intersection, or for
smaller parceis with unique iopographical features #hat make less dense developme�t econamicalEy
difficult.
I. Minimum Residential Lot Size — Notwithstanding Paragraph G, above regar�ing maximurn density, the
minimum lot size in a PUq-R district shall be 13,000 square feet, wiih an average lot size af 15,�00
square feet. No lat shall have less than 100 %et of width at the bui�ding line. The minimum lot size in a
Planned �nit Development distric# shall be stated in the approving ordinance.
J. O en S ace Re uirements — All requests far approval of a Planned Unit �e�elopment shall include
provisians for open s�ace areas in conforma�ce with the following:
1. Residential Areas — For a!I residential uses, common open space land, comprising Rot less than
twenty percent {20%} of the grass residential project area, shall be pro�ided for the primary use af the
occupar�ts ofi the resi�ential units.
2. Non-Resrdenfial Areas —�or all non-residential uses, open space land, camprising not iess thar�
twenty percent (20°/aj af the non-residential area, shal! be pravided. Said open space area may be
the sa�e area as the landscaped area required elsewhere in this Land Develop�nent Code.
3. Definitian of Cpmman Open Space. For the purpose of this section, common open spacE Es defned
as foaiows:
a. Common Open Space may include:
i, land area of the de�elopment used for aesthetic, leisure and recreational p�rposes, that is
accessible to and permanently reserved for the commor� use and enjoyment of ihe occupants
af tf�e development,
ii. goff courses, parks, and public oPen space areas adjaceni to the development, which are
readily accessible,
iii. 1ow-impact passive uses include conservation of open land in its natural state (for exampEe,
waodland, iallow field, or meadow), neighborhood squares, comrr�on areas, picnic areas,
community gardens, waiking trails, bikeways, other kinds of pakhways, and similar low-irr�pact
passi�e recreational uses, or
��. active recreation uses inciuding recreatior�aE playing fields, playgrQunds, ter�nis courts,
neig�borhood pools, and clubhouse structures.
b. Common Open Space shall not include:
i, land areas reserved for the sxcl�sive use snd benefit of an individuai owner or tenant,
ij, public or privaie street right-of-way, park►�vays, alleys, driveways, parking or loading areas,
iii. religious institutions or private school sites, ar
iv. street medians or islands.
2. Open Space l7esign Requirements.
a. An applicat9on for a Planned Unit Development that includes a common apen space area shafl
include a written description or a plan of amenities, such as landscaped areas, trees and shrubs,
sidewalks and trails, benches, pa�ilions, and play areas, to be included in the open space areas.
b. The maximum amount of common open space user� for storm water deteniion or retention
purposes shall not exceed twenty-five (25%) of the common open space area. If the open space
area contains a retention pond, the pond shall include at least one (1) aeration device, such as a
fountain, watertall or underwater device.
c. Common open space areas adjacent to street rights-of-way shall be a minimum depth of twenty-
five (25) feet and shall be Iandscaped to include the retention or planting of one (1) three (3") inch
caliper tree per each fifty (50) feet of street frontage, which may be clustered or distributed within
the open space area
3. Guarantee of Common Open Space. In order to guarantee the preservation and maintenance of the
common open space, one of the following methods shall be required:
a. Public Open Space — Common open space may be conveyed to the City or other public agency,
provided the public agency accepts the conveyance and agrees to maintain the common open
space and any buildings, structures or other improvements.
b. Private Open Space - Common open space may be conveyed to a homeowner's association or
property owner's association, provided the declaration of covenants and restrictions that govern
the association include, but is not limited to, the following:
i. the establishment of the association is made before any lot in the development is sold or any
building occupied,
ii, membership in the association is mandatory for each building or property owner and any
successive owner and give the association the power to compel contributions from residents
of the development to cover their proportionate shares of the costs associated with the
maintenance and upkeep of the common open space areas,
iii. ownership and maintenance of the common open space is guaranteed by a restrictive
covenant, which is permanent, running with the land for the benefit of the occupants of the
development and state that the association is totally responsible for the maintenance of the
common open space and any improvements,
iv. submittal of a draft copy of the proposed covenants at the time of preliminary platting, which
will ensure the guarantees stated in this section and provides for restricting the use of
common spaces for the designated purposes, and
v. the plat contains a note stating that the common open space shall be maintained by the
home owners association
K. Special Submittal and Exhibit Reauirements — To facilitate the review and public hearing process, all
applications for a Planned Unit Development shall include the following documents and exhibits:
1. Application — These forms are furnished by the Administrative Off cial.
2. App(ication Fee — No appiication shall be processed or scheduled for public hearing until the
application fee has been paid.
3. Statement of Planning Objectives — The developer shall provide a written statement of planning
objectives which describes the nature and character of the proposed development, any proposed
development standards, and the rationale behind the assumptions and choices made by the
applicant, inciuding use and ownership of any open spaces, etc.
4. Legal Description — A written metes and bounds description of the total site area proposed for the
Planned Unit Development.
5. Development Schedule — A development schedule indicating the target dates for the start and
completion of the project, including any key dates of phasing of the project. The development
schedule, if adopted and approved by the City Council, shall be incorporated into the approving
ordinance, which shall be adhered to by the owner, developer and his successors in interest.
If upon review by the Administrative Official, the owner or owners of property faiF to meet the
approved schedule, the Planning and Zoning Commission or City Council may initiate proceedings
under Chapter 1- General Provisions of this Land Development Code regarding "Amendments,
Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to amend the
Planned Development District by removing all or part of the Planned Development District from the
Official Zoning Map and placing the area involved in another appropriate zoning district. Upon the
recommendation of the Planning and Zoning Commission and for good cause shown by the owner
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and developer, the City Council may also extend the development schedule or adopt such new
development schedule as may be indicated by the facts and conditions of the case.
6. Site Plan — The Site Plan, which may be conceptual and general in nature, but in sufficient detail
appropriate for the type of development being proposed and shall at a minimum include the following
items, where applicable:
a. Proposed layout, indicating the approximate size and dimensions of all residential and non-
residential lots
b. Proposed land uses and building locations
c. General elevation drawings of ali non-residential structures indicating building height
d. Landscaping, lighting, fencing and screening of common areas
e. General locations of existing tree clusters
f. Location and construction type of perimeter fencing
h. Design of ingress and egress with description of any special pavement treatments
i. Calculations and location of off-street parking and loading facilities
j. Location and type of all commercial signage and lighting, including pole heights, for parking lots
and common areas
k. Location and description of subdivision signs and landscaping at entrance areas
I. Street names on all proposed streets
Exception: A Planned Unit Development application may be submitted and approved without a
Site Plan, if the approving ordinance contains sufficient written detail to establish all site criteria.
7. Drainage Analysis — The applicant shail submit a Preliminary Drainage Analysis to determine the
need for drainage facilities. The Preliminary Drainage Analysis shall be prepared in accordance with
drainage analysis requirements contained in Chapter 14 — Engineering Design Standards of the Land
Development Code.
L. Optional Preliminarv Plat Submittal - To expedite a development proposai, a developer may submit a
separate application for a Preliminary Plat, which meets all of the requirements specified in Chapter 8 of
this Land Development Code for a Preliminary Plat submittal, and which may be processed and reviewed
concurrently with a PUD appiication, provided that no Preliminary Plat application shall be approved prior
to the approval of the PUD application. The developer shall request a waiver of the 30 day time limit for
Preliminary Plat approval where such applications run concurrently with a PUD application.
M. Aooroval Process
a. Application — An appiication for a Planned Unit Development shail be submitted and processed using
the same requirements used for submittal of a rezoning request, which shall be reviewed and
considered in accordance with the procedures specified in Chapter One of this Land Development
Code.
b. Condifions Related to Approval — In establishing a Planned Unit Development, each application shall
be evaluated by the Planning and Zoning Commission and City Council as to its probable effect on
the adjacent property and the community. The Planned Unit Development may be approved or
denied as the findings indicate appropriate. The Pianning and Zoning Commission may recommend
and the City Council may approve safeguards or conditions of approval to reduce the effect on
adjacent or surrounding properties, which may include any or all of the following site conditions:
Accessory buildings
Building and structure heights
Drainage
Exterior construction materials
Exterior lighting
Fire protection measures
Hours of operation
Land uses
Landscaping and open space
Lot coverage, density & setbacks
Lot sizes and dimensions
Outside storage and display
Pedestrian circulation
Pu61iC street access
Refuse and waste storage
Screening or buffer areas
Signs
Vehicle tra�c, circulation, a�d parking lots
Other conditions deemed appropriate
Project phasing and development schedule
c. Modification of a PUD requirement — The Planning and Zoning Gommission may recommend and the
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City Council may approve a proposal for a Planned Unit Development that includes a provision which
modifies any requirement contained in these Planned Unit Development regulations.
d. Amending a Planned Unit Development — Changes to a Planned Unit Development or to its approved
Site Pian shall be processed in the same manner as the original request. However, the administrator
of this Code may approve minor modifications in an approved Concept Plan, provided the
modifications
i. Do not alter the basic physical relationship of the property to adjacent property;
ii. Do not change the permitted land uses;
iii. Do not increase the maximum density, floor area, height; or,
iv. Do not reduce the minimum yards or setbacks.
N. Effect of this Section on Existinq Planned Unit Developments — Previously approved PUD amending
ordinances to the City's preceding zoning ordinance and Land Development Code, including
accompanying plans and supporting documents, shall remain in full force and effect with respect to this
Chapter and shall not be made to comply with the provisions of this Chapter. Where a prior ordinance
fails to provide specific information regarding minimum lot sizes, lot width, lot depth, set backs, building
heights and maximum lot coverage, the requirements contained in Section 3.24.G shall prevail.
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