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HomeMy WebLinkAboutOrdinances (O-90-790)-10/02/1990 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 ~~2--fu,C ptl t1 ; <3/; f'"n III . o 2/::;V :('. J~ AN ORDINANCE AMENDING TIlE CCLLEYVILIE ZONING ORDINANCE BY MODIFYING THE OPEN SPACE REQUIREMENTS IN RESIDENTIAL PLANNED UNI T; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. ORDINANCE 0-90-790 2 3 4 WHEREAS, The Planning and Zoning Comntission of the City of Colleyville has made a reccmrnendation to the Council upon the modification of a Zoning Ordinance contained herein; and 5 6 WHEREAS, 8 the proposed modification to the Ordinance contained herein has accordance with the requirements Government Code; Colleyville Zoning been published in of the Texas Local 7 9 NOW THEREFORE, BE IT ORDAINED BY TBE CITY COUNCIL OF TBE CITY OF CCLLEYVILLE, TEXAS AS FOLLOWS: Sec. 1: THAT Section 21.6 of the Colleyville Zoning Ordinance be amended to read as follows: IlSec. 21. 6. OPEN SPACE REQUIREMENTS In Residential Planned Unit Developrrent Districts containing residential uses, comnlon open space rr:ay be dedicated to public use or owned and maintained in ccmrrlon by all or part of the occupants of the PUD developrrent through a property owner association, which has been approved by the City. Any comrron open space must be readily accessible from a public street, The quantity of comnlon open space required shall comprise not less than twenty (20) percent of the project area. Said open space may be varied downward by the City Planning and Zoning Comrrlission and City Council when a lesser amount of such open space would be rr:ore appropriate to the density of development or size of families or households propo:o:ed in the project, plus the availability and nature of adjacent public open space. However, at least fifty (50) percent of the required comnlon open space shall be land which lies outside of any established or proposed flocdway and drainage easement, For the purposes of this Ordinance, comnlon open space is defined as follows:1l Sec. 2: THAT any person, firm or corporation violating any provision of this ordinance shall be deemed guil ty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thcusand Dollars 1 2 3 ($2,OOO.OC), Each day any such violation ccntinues or is allowed to exist shall constitute a separate violation and be punishable hereunder. 4 Sec. 3: THAT the City Secretary is hereby authorized to cause publication of the descriptive caption and penal ty clauses of this ordinance as an al terna ti ve rr.ethod provided by law. 5 6 7 AND IT IS SO ORDERED 8 The first reading and public hearing being conducted on the _ ~d day of \fC>l"r";'lu'j'~A::. , 1990, 9 10 The seccnd reading and public hearing being conducted on the _---Ld!..~ _day of _ [e..~T:ebA.LL~ , 1990. - 11 The third reading and public hearing being conducted on the _ d ~__day of ,.-eJYC!)be,&:. , 1990. 12 TABLED BY CITY COUNCIL AT THIRD READING OCTOBER 2, 1990 ATTEST: CITY OF C LLEYVILLE 13 15 14 LaVada Jo City Secr 16 FORM AND LEGALITY: 17 18 ROES T. Foster City Attorney 19 L/DD/6 20 21 22 23 24 25 26 AGENDA BRIEFING CC 09/04/90 9 DEPARTMENT Planning and Zoning SUBJECT 1st Reading and Public Hearing - Ordinance 0-90-790 - Ordinance Amending the PUD Open Space Requi rementAGENDA # MEETING 7 September 4, 1990 1st Reading and Public Hearing - Ordinance 0-90-760. At the August 27, 1990 meeting, the Planning and Zoning Commission recommended approval of the draft of the Ordinance Amending the PUD Open Space Requirement. DID/jeh September 18, 1990 2nd Reading and Public Hearing - Ordinance 0-90-760. Staff has forwarded a memo to the Planning and Zoning Commission Chairman and the Parks Board Chairman requested that further deliberation on the ordinance be undertaken as discussed by the City Council at the September 4, 1990 Council meeting, (Please see attached memo), DID/dMcW October 2, 1990 3rd Reading and Public Hearing - Ordinance 0-90-760. DEPARTMENT HEAD SIGNATURE 1~jir, CI NAGER DISPOSITION APPROVED D OTHER D STAFF REVI EW CoC 7/89 Texart Graphics #1363 MEMORANDUM September 6, 1990 TO: Gary Cantrell, Chairman Planning & Zoning Commission Allan Linford, Chairman Parks and Recreation Board FROM: David I. Draz, Jr. Acting City Manager SUBJ: Proposed Amendments to PUD-R Open Space Require- ments in the Zoninq Ordinance As you both are well aware, the City Council is currently considering an ordinance which would amend the open space requirements for PUD-R zoning districts. Both the Parks and Recreation Board and the Planning and Zoning Commission have made recommendations concerning the amendments. At the September 4, 1990 City Council meeting, the Council considered an ordinance which reflected the recommendations from the Planning & Zoning Commission. After consideration and deliberation the City Council requested the following two actions be undertaken: 1) Allow the Parks & Recreation Board to respond to the proposed amendments from the Planning & Zoning Commission. ~, 2) Allow the two boards the opportunity to discuss the proposed amendments directly. The Council would like specific consideration being given to the fol- lowing issues. A) A limitation on the reduction in the amount of open space that would be allowed. B) Establishment and definition of conditions and/or criteria for allowing a reduction in the amount of open space. It may be helpful for the two boards to appoint two members each and the chairmen to a conference committee to address these issues. The City Council would like consideration of the above stated issues prior to third reading on the ordi- nance which is currently scheduled for October 2, 1990. Please let me know how we can help facilitate the required action. cc. Honorable Mayor and City Council Members June 8, 1990 To: Mr. Dave Draz From: Alan Linford Subject: POD Ordinance, Proposed change The Park Board has voted to propose changing the "OPEN SPACE REQUIREMENTS" paragraph (attached) of the POD Zoning Ordinance. The purpose of this change is to: · Give the city first option on open space land · Make the property owners association mandatory for all property owners in the project · Make the (20) percent open space requirement mandatory · Require that a minimum of (10) percent of the total project shall be open space that is not in the floodway. We feel that this change improves the City's position when POD zoning is requested. Please communicate with the Planning and Zoning Commission on this proposal. We request that the City Council consider this change at the June 19, 1990 meeting. Please advise if you have any questions or if there is a problem with having this considered by the Council on June 19th. ~ ~ cc: David Fain Park Board ; \ ~ OFEN SPACE REQUIREMENTS - In Residential Planned Unit Development districts containing residential uses, common open space shall be offered to the City as a pUblic park. The City may elect to take the common open space or have it be owned and maintained in common by all the occupants of the Pun development through a property owner association. This association shall be mandatory for all property owners in the project. The common open space land shall be readily accessible from a public street. The quantity of common open space required shall comprise not less than (20) percent of the project area. A minimum of (10) percent of the total project shall be open space that is not in a floodway. Fo~ the purposes of this ordinance, common open space is defined as follows: - ~ ~ . r 21.S PROHIBITED uses - Uses not expressly permitted in the various %oning district regulations of this ordinance are expressly prohibited in any "PUO" district unless otherwise authori%ed and approved by the City Planning and Zoning Commission and City Council in contormance with the provisions of Section 4 "Application of District Regulations." . . 21.6 OPEN SPAc:.: REQUIREMENTS !n Residential Planned Oevelopment districts containing residential uses, common open space (whether dedicated to public use or owned and ataintained in common by all or part of the occupants of the PUO development through a property owner association) land shall be reserved primarily for the leisure and recreational use ot the project's occupants, and readily accessible thereto. The quantity of com- mon open space required shall comprise not less than twenty (20) Darcent of the project area. Said open space may be varied downward by the City Planning and Zoning Commission and City Council when a lesser amount of sud1 open space would be lIlore appropriate to the density of development or si%e of families or nouseholds proposed in the project, plus the ava1.1al::l1.lity and nature of adjacent public open space. For the purpose of this ordinance, common open space is detined as follows: . . . . . a. Common Ooen Space includes: . !.and area of the development accessible to and permanently reserved for the common use and enjoyment of the occupants of the project for leisure and recreational purposes, for which said area is not covered by buildings, structures or parking except that recreational facilities and structures and their accessory uses and related parking may be located within said common open space as long as their total impervious surfaces (paving, roofs, etc.) do not constitute more than five (5) percent of the total common open space. . . . b. Common Ooen Soace does not include: 1. tand areas reserved for the exclusive use and benefit of an individual owner or tenant. . 2. Public or private streets, alleys, driveways, parking or loading areas, except as otherwise allowed in paragraph a. above. . 3. Church or school sites. . . 4. Other buildings, structures or facilities than those allowed in paragraph a. above. 5. Utility easements, and drainage easements less than one hundred (100) feet in width. . I 48 ~tl... i~ Zo^,~ 6nl~ city Of n~ Texas M E M 0 RAN 0 U M TO: City Council Members Park & Recreation Board Members ~ Gary Cantrell, Chairman Planning & Zoning commission~ Amendment to the pun Open Space Requirement in the ZOning Ordinance FROM: SUBJECT: DA TE : August 27, 1990 The Planning and Zoning Commission has considered the Ordinance recommended to them by the City Council and the Parks & Recreation Board which would amend the current PUD Open Space Requirement in the Zoning Ordinance. However, some modification has been made to this Ordinance by the Commission. The attached ordinance reflects these modifications and is being sent to City Council for approval. '-- ~ The Planning and Zoning Commission agrees with the concept of requiring fifty percent (50%) of the open space to be outside the floodway, however, we believe the flexibility to negotiate the percentage of total open space on an individual site basis, as contained in the existing ordinance, is very important and should be retained in this amended ordinance. It should be pointed out that the Parks and Recreation Board now has direct input into the zoning and platting process of a PUD-R. The level of parks awareness by both the Council and the Commission has been heightened by the recently adopted Parks Master Plan and the proposed Park Dedi cati on Ordinance. As such, we do not believe that a hard and fast twenty percent (20%) open space rule would generate the quality developments nor the parks that we are all seeking. Open space is only one element that must fit together to form an effective development plan. Open space should not be a question of quantity but rather quality. GC/jeh c/d/22 P.O. BOX 185 COLLEYVILLE. TEXAS 76034 (817) 281-4044 PARI< AND RECREAT!ON ADV!SORV BOARD MINUTES OF SEPTH1BER 6, 1990 f18elln!J callelj to order at 6:08 p.m. by Chairman A I an Li nford, Members presenr. r"-un-y Lou Briger.. Lila Coley, Davll1 Fain (F'ark::3 iJ:nl] RecreiJ:tion I:oormnator) Cheryl L1vi ngston, Gi:iil Mills, Dawn l)ui nby and Paul Vigil ett 1. f'linuets of the August 2, 1990, meettng were approved as presented_ Barbara Bro'''^tn, Ct1ai rman of the Colleyvn Ie Communa~J Center and Library A:3sociation, Inc_, addressed the Park Board's questions concerning the Community Center, After a lengthy discussion Mrs. Brown recommended that the Colleyville Community Center and Library Association Board of Directors be given an opportunity to review the proposed new wording of the re:3olutlOn. Terry Cheek of SRA presented proposed plans for Ijevelopment of Cay Park. elt izens addressed concerns about drai nage and 11 ght i ng in the parle Stacy Peterson request.ed that the lights in the park be out no lat.er than 10:30 p.m... and Rlchard Ma)~ requested that specifications be set for the ambient lignt m the nelgnborhood yards. The Park: Soara \^tlll negotiate with the Schoo I Boan1 in an attempt t.o contmue to utilize the school grounds on Pleasant Run Road for athlet.ic flelas aTter the proposed school facility is built. Ho 11 owbrook Spri ngs Deve I opment - postponed due to I ack of i nf ormat ion, Lila Coley made a motion to recommend approval of the SRA proposal for the Bransford Park Master Plan. Matton approved unanimously Mary Lou Briger recommended that Sally Vt/asowski be considered for consultation on the final landscape design for that park since she has a I rea1j!d 110nated two hours of her time to the park_ Recommena the Pepsi Cola Scoreboard Donation be sent to the City Attorney. Facliitles use agreement. No Action. Park Ordmance, No Action. Gall Mills made a motion to recommend approval of the concept of the Park Land Dedi cat ion Ordi nance and send it to P & Z wi th the notation that we need their comments by October 6th_ Motion approved unanimously Recommena attention to the safety of the slide at Sparger Park and install a klljdle ~;;eat. Resolutlon Prohibltmg Dumping at Park ~3ites. No Action. Meenng adjourned 1 1:30 p.m_ ~ li 1a Coley Secretary. Parks and Recreation Advlsory Board ~G(J~ David Fain Parks and Recreat ion Coordinator ., .:..