HomeMy WebLinkAboutOrdinances (O-90-790)-10/02/1990
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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
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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
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WHEREAS,
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the proposed modification to the
Ordinance contained herein has
accordance with the requirements
Government Code;
Colleyville Zoning
been published in
of the Texas Local
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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
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($2,OOO.OC), Each day any such violation ccntinues
or is allowed to exist shall constitute a separate
violation and be punishable hereunder.
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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.
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AND IT IS SO ORDERED
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The first reading and public hearing being conducted on the
_ ~d day of \fC>l"r";'lu'j'~A::. , 1990,
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The seccnd reading and public hearing being conducted on the
_---Ld!..~ _day of _ [e..~T:ebA.LL~ , 1990.
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The third reading and public hearing being conducted on the
_ d ~__day of ,.-eJYC!)be,&:. , 1990.
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TABLED BY CITY COUNCIL AT THIRD READING OCTOBER 2, 1990
ATTEST: CITY OF C LLEYVILLE
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14 LaVada Jo
City Secr
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FORM AND LEGALITY:
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ROES T. Foster
City Attorney
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AGENDA BRIEFING
CC 09/04/90
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DEPARTMENT
Planning and Zoning
SUBJECT
1st Reading and Public Hearing - Ordinance
0-90-790 - Ordinance Amending the PUD Open
Space Requi rementAGENDA #
MEETING
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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
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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:
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Allow the Parks & Recreation Board to respond to
the proposed amendments from the Planning & Zoning
Commission.
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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.
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cc: David Fain
Park Board
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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:
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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."
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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:
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a. Common Ooen Space includes:
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!.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.
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b. Common Ooen Soace does not include:
1. tand areas reserved for the exclusive use and benefit of
an individual owner or tenant.
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2. Public or private streets, alleys, driveways, parking or
loading areas, except as otherwise allowed in paragraph
a. above.
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3. Church or school sites.
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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.
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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.
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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
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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_
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li 1a Coley
Secretary. Parks and
Recreation Advlsory Board
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David Fain
Parks and Recreat ion
Coordinator
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