HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2025)-09/19/2017 ORDINANCE 0-17-2025
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 3.96 ACRES ON LOT 1A, BLOCK 1, OF THE TWIN LAKE
PLAZA ADDITION, LOCATED AT 4007 COLLEYVILLE BOULEVARD 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. ZC17-013; 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 0-17-2025
Page 2 of 5
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 3.96 acres on Lot 1A, Block 1, of the
Twin Lakes Plaza Addition, located at 4007 Colleyville Boulevard
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 an approximately 36,000
square foot grocery store.
b. This development shall be generally consistent with the
Statement of Planning Objectives, Exhibit "B".
c. The proposed development is subject to CC-2 Shopping
Center zoning district and all the associated regulations
contained in the Land Development Code, except as
amended by this Ordinance.
Ordinance 0-17-2025
Page 3 of 5
d. A 10 foot cross access public utility drainage easement shall
be located on the north, northeast line of the property as
depicted on the conceptual site plan, Exhibit "C".
e. If a certificate of occupancy is not issued by October 1, 2020,
applicant shall request, in writing, an extension from City
Council on or before November 1, 2020, or this Ordinance
will expire and all future rezoning requests will be required
to be refiled.
2. DEVELOPMENT PLAN
a. The development shall be generally consistent with the
conceptual site plan, Exhibit "C".
3. PERMITTED USES
a. Uses shall be those allowed in the CC-2 Shopping Center
zoning district.
4. BUILDING DESIGN
a. The facility shall be generally consistent with the building
elevations, Exhibit "C".
S. LANDSCAPING AND OPEN SPACE
a. The Landscape buffer along Colleyville Boulevard shall be
reduced from twenty feet (20') to two feet (2').
b. The common area depth of twenty-five feet (25') along
adjacent street right-of-way shall be reduced to twenty feet
(20').
6. PARKING
a. A total of one hundred sixty (160) parking spaces shall be
required for the facility.
7. TREE PRESERVATION
a. The number of replacement trees shall be reduced from 182
trees to 56 trees for mitigation.
Ordinance 0-17-2025
Page 4 of 5
THAT the above described tract of land shall be used only in the
Sec. 5. 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
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 5th day of
September 2017.
The second reading and public hearing being conducted on the 19th day of
September 2017.
Ordinance 0-17-2025
Page 5 of 5
PASSED AND APPROVED BY A VOTE OF AYES, J NAYS, AND 0
ABSTENTIONS ON THIS THE 19TH DAY OF SEPTEMBER 2017.
Mayor Richard Newton P'jI Mayor Pro Tern Bobby Linda mood Aye_
Place 1, Tammy Nakamura A Place 5, Nancy Coplen 114-e--
Place
e--Place 3, Kathy Wheat Ay Place 6, Mike Taylor --1--t-
Place 4, George Dodson Ai)5eth
ATTEST: OF COLLEYVILLE
(1 hAt,0 16-it_k_, :-(1---7'\-} / 4,J., ________•
Christine Loven, TRMC Richard Newton
Assistant City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
• 4 . Wyatt
City Attorney
Exhibit "A" - Location and Zoning Map
4209
4207
4205
41 ' 4104
4121
4117
120 132 440
4105 9Cy4, 128
107
121
t. PUD-C
��::- 4007 725 i 129 33
1
/'� & 4003
i
4001 --+
i 3919
/,,
200
/
104 108 112 116 120 124 128
3907
F!.-20 100
a
CHEEK c PARGER RD
123 127 3912
PUD-C PUD-C119 121
101 105
124 128 134
s
_ 123
iimmIImili== o• I I 118 I 114 I 110 I 100 7 104 I ts ,FELPS CT
c`TY °F ZC17-013
CO LEYVILLE - _. W �� 4t
4007 Colleyville Boulevard ";
i y ; !
TES A' I lilt I
DISCLAIMER c 1."---'i
_
This map and information contained in it were (I LI i:�r};
developed exclusively for use by the City of Colleyville i� W f
Any use or reliance on this map by anyone else is _
at that party's risk and without liability to the Subject Property ( u-
City of Colleyville,its officials or employees for any
discrepancies.errors errors.or variances which may exist.
Exhibit "B" - Statement of Planning Objectives
CD6509 Windcrest Drive,Suite 600
Plano,Texas 75024
JONES CARTER Tel:972.265.7171
Fax:972.488.3882
www.jonescarter.com
August 9,2017
Mr.Ben Bryner,AICP
Director-Community Development Department
City of Colleyville
Re: ZC17-013,PUD-C to PUD-C
4007 Colleyville Boulevard
Zoning Application
Colleyville,Texas
Dear Mr.Bryner,AICP,
On behalf of our client, we are submitting the attached zoning application for the site located at 4007
Colleyville Boulevard. This 3.956-acre tract is currently zoned PUD-C (Planned Unit Development,
Commercial). We are requesting a zoning permit to allow for the proposed use of a 36,000 square foot
grocery store with an additional 3,000 square foot loading dock enclosure.
The surrounding tracts are currently zoned CC-3 (Highway Commercial) to the north and south, CN
(Neighborhood Commercial) and R-20(Single Family Residential)to the east, and Colleyville Boulevard
(SH 26)is to the west.The proposed grocery store is compatible with adjacent commercial developments
along Colleyville Boulevard.
The City of Colleyville Land Development Code requires a twenty foot (20') landscaping buffer along
Colleyville Boulevard.The code also requires grocery stores to have at least one(1)parking space per 200
square foot of gross floor area. The proposed grocery store will be approximately 36,000 square feet,
which requires 180 parking spaces. Due to the site constraints, such as the additional right-of-way
dedication for the widening of Colleyville Boulevard, proposed shared access drives to neighboring
properties,additional landscaping to screen dumpster enclosure,and a fire lane around the grocery store,
we are requesting a variance to reduce the twenty foot(20')wide landscape greenbelt along Colleyville
Boulevard to sixteen feet(16')and the number of off-street parking to 173 spaces.
According to Chapter 3 of the Land Development Code all non-residential areas within a Planned Unit
Development shall have at least(20%)of the developed area dedicated to open space.It also goes on to
state that common open space areas adjacent to street right-of-way shall be a minimum depth of twenty
five feet(25').As stated earlier the site previously dedicated additional right-of-way for the widening of
Colleyville Boulevard, which results in approximately thirty five feet (35') of open space within the
extended right-of-way. Due to the large open space within the right-of-way and the site constraints
mentioned previously,we are requesting a reduction in the required open space within the property from
twenty percent (20%) to eighteen percent (18%) and the depth of the open space along Colleyville
Boulevard reduced to match the landscape greenbelt of sixteen feet(16').
Texas Board of Professional Engineers Registration No.F-439
CJ c JONES CARTER
ZC17-013, PUD-C to PUD-C
Grocery Store—Zoning Application
Page 2
August 9, 2017
A tree survey performed on the site indicated an existing tree coverage of 59,263 square feet, or 34.4%.
According to Chapter 5 of the City of Colleyville Land Development Code,the minimum percentage of the
existing protected canopy tree coverage to be preserved is 60%.There are a total of 85 trees on site with
a total caliper inches of 1,092. We are proposing to preserve 456 caliper inches of the existing trees and
201 inches are within the building pad. Our attached tree preservation plan shows that in order to meet
the requirements outlined in Chapter 5 of the Land Development Code we need to replace 182 trees,
which is unattainable with the site constraints and the off-street parking requirements. Due to the site
being unkept for several decades, a significant number of American elm trees have spread invasively over
the site.An aerial photograph taken over thirty years ago shows the site being a fishing hole with a limited
amount of trees.With this history and the site constraints in mind,we are requesting a variance to reduce
the number of required replacement trees to 44.
Chapter 6 of the City's Land Development Code also requires a minimum design score for all commercial
and institutional buildings constructed to be 30 points in all zoning districts. It also states that the required
number may be lowered as a condition of Planned Unit Development zoning district. The proposed
building has a design score of 21.5, which is below the required minimum. If allowed to count all points
from Vertical Departure Variables and not max out at 10 points, the building would surpass the
architectural minimum design score.We have included as part of our submittal a filled out building design
checklist and architectural drawings for reference. The proposed building possesses a modern look with
significant glass and masonry components. Additionally, we are working with city staff to beautify the
shopping cart corral areas to further enhance the buildings appearance.
In conclusion, we are requesting variances for the proposed grocery store on the following requirements:
• Landscape buffer along Colleyville Boulevard to be reduced to sixteen feet (16').
• Off-street parking requirement of 180 spaces reduced to 173 spaces.
• Open space requirement of twenty percent (20%) reduced to eighteen percent (18%).
• Common area depth of twenty five feet(25')along adjacent street right-of-way reduced to match
landscape buffer of sixteen feet(16').
• Reduce number of replacement trees from 182 to 44.
• Vertical Departure Variables to not max out at 10 points so that we can meet the architectural 30
point minimum design score.
We feel the variances requested above will provide a superior landscape and aesthetic environment along
this section of Colleyville Boulevard than what currently exists.
Typically a drainage analysis is required when submitting a zoning application. However, based on
conversation with City of Colleyville Project Engineer, Oscar Chavez, and his knowledge of the site, a
drainage analysis is not be required. The drainage and detention calculations will be provided and
reviewed with the civil construction plans.
C .JONES CARTER
ZC17-013, PUD-C to PUD-C
Grocery Store—Zoning Application
Page 3
August 9, 2017
We appreciate your consideration and should you have any questions or require additional information,
please call.
Sincerely,
Ryan Alcala
RJA/rja
K:\0D364\0D364-0002-00\Project Management\Correspondence\City of Coileyville\Zoning Application\Final Submittal\Statement of Planning
Objectives-Zoning App.doc
Enclosures
6509 Windcrest Drive,Suite 600
Plano,Texas 75024
4111) JONES CARTER Tel:972.265.7171
Fax:972.488.3882
www.jonescarter.com
August 23,2017
Mr.Ben Bryner,AICP
Director-Community Development Department
City of Colleyville
Re: ZC17-013,PUD-C to PUD-C
4007 Colleyville Boulevard
Zoning Application
Colleyville,Texas
Dear Mr.Bryner,AICP,
On behalf of our client, we are submitting a formal appeal to the Planning & Zoning Commission's
recommendation of denial on August 14, 2017.We want to move forward to City Council meetings on
September 5 and 19,2017.
After hearing Planning&Zoning Commission's comments and concerns for the project,we have made a
few revisions to our site plan to reduce the number of variances requested.By reducing the overall parking
spaces by 13 and decreasing the interior parking stall sizes to 10'x19',we no longer need a variance for
the open space requirement and landscaping buffer along Colleyville Boulevard. Furthermore, the
additional open space allows us to increase the number of replacement trees to 50.We are currently in
the process of updating the Zoning Exhibit and Landscaping plans.Once finalized,a copy will be provided
to show revisinnc.
Below is a summary of the variances prior to the P&Z meeting and after our revisions,as described above.
Request to P&Z
• Landscape buffer along Colleyville Boulevard to be reduced to sixteen feet(16').
• Off-street parking requirement of 180 spaces reduced to 175 spaces.
• Open space requirement of twenty percent(20%)reduced to eighteen percent(18%).
• Common area depth of twenty five feet(25')along adjacent street right-of-way reduced to match
landscape buffer of sixteen feet(16').
• Reduce number of replacement trees from 182 to 44.
• Vertical Departure Variables to not max out at 10 points so that we can meet the architectural 30
point minimum design score.
Texas Board of Professional Engineers Registration No.F439
•JIC JONESICARTER
0
ZC17-013,PUD-C to PUD-C
Grocery Store—Zoning Application
Page 2
August 23,2017
Modified Request to City Council
• Off-street parking requirement of 180 spaces reduced to 160 spaces.
• Common area depth of twenty five feet(25')along adjacent street right-of-way reduced to match
landscape buffer of twenty feet(20').
• Reduce number of replacement trees from 182 to 50.
• Vertical Departure Variables to not max out at 10 points so that we can meet the architectural 30
point minimum design score.
We appreciate your consideration and should you have any questions or require additional information,
please call.
Sincerely, v.1,4.
Ryan Alcala
RJA/rja
K:\OD364\003640002-OO\Project Management\Correspondence\Crty of Colleyville\Zoning Application\Appeal letter\2017-08-22 tetter of
Appeal.doc
Enclosures
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Hobert Eloy6 AROBIICTE.1116.4004 Dem,n4 Rd.,615.220 Addison,Taxa.75001 (214)969-7000 Fax(214)481-9816