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HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2020)-08/15/2017 WITHDRAWN BY APPLICANT ORDINANCE 0-17-2020 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.94 ACRES ON LOT 1, BLOCK 1, OF THE SAN BAR SQUARE ADDITION, LOCATED AT 105 CHEEK-SPARGER ROAD FROM THE PUD- C PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC17-009; and 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 ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to 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 classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and Ordinance 0-17-2020 Page 2 of 6 affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.94 acres on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" and Exhibit "C", and as described in Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for a "boutique" assisted living facility home to include ten (10) rooms, constructed at a gross maximum density of 5.2 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, Exhibit "B". c. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. Ordinance 0-17-2020 Page 3 of 6 2. DEVELOPMENT PLAN a. The development shall be generally consistent with the conceptual site plan, Exhibit "C". 3. PERMITTED USES a. Assisted Living Facility limited to ten (10) rooms. 4. BUILDING DESIGN a. The facility shall be limited to one (1) story. b. The facility shall be generally consistent with the building elevations, Exhibit "C". S. SCREENING a. The existing seven (7) foot wood screening fence shall be permitted along the south property line in place of the required eight (8) foot masonry wall. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. 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. Sec. 7. THAT if 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. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all Ordinance 0-17-2020 Page 4 of 6 violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of August 2017. The second reading and public hearing being conducted on the 15th day of August 2017. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 15th day of August 2017. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED , S TO FORM AND LEGALITY: Whitt Wyatt City Attorney \ g / . a ; , z \ ,... 1g ., JOODCREST-DRJ - =g a 2 \ 5 —,1m X cr ; i V N I� J / - ,� T 1:13 z ro D ! g r V g — I Et. , e \\-\<,/ d0 n p I NbS rc I'd \ 4 ._ \ 3VId9N33IE! i Y a. Z j z c ii P. m _ m �-* ��, c W 3 Yw :ETBRIAR LN__ oo � I. 10 WM V1121 > v .� -__�— '—FEL'PS"DR . l Exhibit "B" - Statement of Planning Objectives Request for Zoning Change and Land Use May 10,2017 City of Colleyville Planning Department 100 Main Street,Colleyville,Texas 76034 Re: Zoning Change for 105 Cheek-Sparger Road Block 1, Lot 1,San Bar Square Addition South East Corner of Cheek-Sparger and San Bar Lane Proposed Boutique Assisted living To Whom It May Concern: Subject property is zoned PUD-C Planned Unit Development Commercial as approved by Ordinance 0- 85-600,approved with no additional conditions by the City Council.Given the absence of any additional conditions,the permitted land uses allowed by Ordinance 0-85-600 correspond to the zoning ordinance requirements for PUD-C zoning districts that were in effect when Ordinance 0-85-600 was adopted in 1985. Whereas,the Council is respectfully requested to grant this request to change the zoning for this property to PUD-C with provisions to permit the construction and operation of a Small Type A Licensed Assisted Living Facility. The applicant desires to develop the property under PUD-C with special use as an Assisted Living Facility, affording the city close control over the initial development of the property and of any future uses of the property. The facility is designed as a luxury home and will not be able to be used for other purposes in the future. This property is zoned PUD-C under its current zoning and the City of Colleyville has recommended this property to continue under PUD-C zoning in the future Master Plan for the City of Colleyville_ Type A Assisted Living licenses restricts the facility to only those residents who have the ability to self- evacuate and follow directions during an emergency. The Small designation restricts the facility to 16 or less residents. The facility is designed with 10 rooms providing an exclusive concierge type service for its discerning residents who need limited assistance with daily activities. The median age for Colleyville residents increased from 40 years to 46.5 years during the 2000 to 2013 period and is continuing to see an increase in median age. Colleyville is becoming a favored place far affluent seniors to live,as many activities and services for this aging population are being expanded. Behind many gated communities in Colleyville live seniors in their seventies and eighties who would like to have a luxury home-like atmosphere providing assistance in their personal needs while maintaining a living standard to which they have been accustomed. This facility is not in direct competition to any current or known future facility in Colleyville or surrounding municipalities because of its limited number of residents and unique amenities.The nature of the boutique Assisted Living will draw affluent seniors who desire relocation and shopping in Colleyville. Under this proposal,the entire 1.92 acres of this property will be restricted to a one-story facility facing San Bar Lane. Every effort will be taken to preserve at least 72(approximately 893 caliper inches)of the 82 mature trees currently on the property with minimal tree removal meeting Chapter S of the Tree Preservation requirements and tree replacement. In order to shield the residences adjacent to the East and South from the proposed development the project will meet Chapter 4 Landscaping and Buffering requirements for the creation of a(20)foot green space. The screening between the development and the residential property owner to the East will also be enhanced with an eight(8)foot masonry fence and proper drainage design to prevent drainage onto that property. The property owner to the South has requested that instead of an eight (8)foot masonry fence that the project enter into a written agreement to maintain their seven(7)foot wooden stockade fence.With single story construction,both residents will be able to maintain their privacy from the development. Landscaping is an integral part of creating the large lot"country"feel around the facility providing an area for seniors to enjoy the scenery and delights of nature. The project will meet Chapter 4 Landscape and Buffering requirements for the creation of a ten(10)foot green space with buffering shrubs and trees along both Cheek-Sparger and San Bar Lane. The project desires to create along Cheek-Sparger a design that is consistent with the city's stated goal to create a"country"feel with a look of openness using shrubs and trees. Meeting sidewalk requirements five (5)foot wide sidewalks will be constructed along both Cheek- Sparger and San Bar Lane. All life safety requirements that the State places on a licensed Assisted Living and all local Fire Marshall Life Safety requirements will be met in both the design and implementation of the development including a fire lane driveway in front of the facility. It is the intent to meet the Comprehensive Plan recommendations for Colleyville as it relates to the Southern Corridor.The project design aesthetics emphasizes the preservation of neighborhood and quality contributing to the Colleyville Character and placement to make the Southern Corridor a unique destination.The building design incorporates a tower and multiple elevated portions. Both stone and brick are used on the outside of the building. The building faces San Bar Lane but will also be seen facing Colleyville Boulevard. The project seeks to satisfy the City of Colleyville Comprehensive Plan which emphasizes green space buffering between parking and local streets,single row parking,and an enhanced access(provided by the ornamental iron gates and supporting rock columns). This project demonstrates Colleyville as an excellent and convenient place to locate a business. The project provides diversity to the local economy and strengthens Colleyville attractiveness as a high- quality place to live,work,retire,and play. Senior resident outreach to the community will conned individuals and groups with one another through health,the wellness,enrichment,technology, education,and special events for the Colleyville community. If you require any additional information not shown on the accompanying plans,please do not hesitate to call. Sincerely, ,d/Ze—a2 (7/77142' Ruth-Ann Jones,Trustee and Manager Jenkins Sandhilis Ranch,LLC. Exhibit "C" - Conceptual Site Plan ' p t ® I �at. 11.s gg 2 I o dU t a a r. r. "E � s W1 Iv 6 N !ill _ . lags^ piA 9.y743 gt g0 N E c 1111 22 a P5 n p J CD al a d I. 1-- - — — _:I——-gout-2—————1 1' •1 -I .°°le �— � 1 sue°.tot 5 ..' �..• ,...ii��1 .• I••. i+- -. fir?1.741.f •P it h pp C. ^�6 011 A is 5 ``r y'. c a x' nt l c L.4 r y'_r'H i3•': '> 'd S •e I s 5 t " Am.. pCO°N°titIt BI Ir d peoy 1.1fuedS 42423 • YU e ^07..------------------ • 41,n-a ailao 00 ----•-- --•-- ./ � \ i i.;-�` Er. M■ vaa= o ° l� 0° 00 °° as 0 0 0, - o-. as o a- a a I o AE.ET" A ° O 0 -- . M.*EIONlrt FM=WM CINNM MOUT MOn TO .. Boutique Assisted °" — Living Home "1.";. Building Elevations A201 — tr.nr _ -_ ___ • - ....... ...... ...... iii ithie111111 _ - 1111 - - ... IlL II II II I'M I L 122061190 UMW 10012011111O COMM WILIIXT MAI TO p.m*. 211,1101.611 Boutique Assisted A Swam. 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