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HomeMy WebLinkAboutOrdinances (O-09-1725)-08/18/2009ORDINANCE 0-09-1725 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1139 AND O- 06-1602; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 17.7 ACRES ON LOT 1 AND 2, BLOCK 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION, AND LOTS 1, 2, 3 AND 4, BLOCK 3, SOUTHGATE ADDITION FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-004; and WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the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 and 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 to, 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 ii Ordinance 0-09-1725 Page 2 of 7 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 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 17.7 acres on Lots 1 and 2, Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition from the R40- single family residential zoning district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. 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. 4. THAT Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 'I C~FNFR01 a. The purpose of this PUDC is for church and private school uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-09-1725 Page 3 of 7 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES The following land uses shall be permitted within the Planned Unit Development: 2. Church 3. Private elementary, secondary and high school not to exceed 750 students total. 4. Recreational and athletic uses incidental and accessory to the uses listed above. 4. BUILDINGS AND SITE PLAN APPROVAL a. The following buildings shall be allowed as described below and depicted on Exhibit "B": 1. Secondary School 46,000 square feet maximum (existing) 2. Administration 6,000 square feet maximum (existing) 3. Administration 6,000 square feet maximum (phase 1) 4. Grade School 22,000 square feet maximum (phase 1) 5. Athletic Field Seating for 400 people maximum (phase 1) 6. Library 6,000 square feet maximum (phase 2) 7. Multi-purpose 19,200 square feet maximum (phase 2) 9. High School 48,000 square feet maximum (phase 3) b. Prior to construction, the high school shown above, described as phase three construction, shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Ordinance 0-09-1725 Page 4 of 7 c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "D". 5. PORTABLE STRUCTURES a. All existing portable classroom structures on the subject properties shall be removed prior to the issuance of the certificate of occupancy for the buildings described as phase one construction in the Statement of Planning Objectives attached as Exhibit "C". If no building permit has been issued for said buildings as of September 1, 2010, all portable buildings shall be removed from the property no later than September 30, 2010. 6. PARKING a. Prior to the completion of phase one construction, there shall, at a minimum, be enough on-site, off-street parking spaces provided to accommodate the maximum enrollment of 750 students. b. In order to ensure adequate parking is provided at all times, no athletic events involving competition with another school may occur during normal school hours. c. All off-street parking required as part of this development shall meet the requirements of the Land Development Code, except where amended herein. 7. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. b. There shall be no permanent lighting nor shall there be any nighttime illumination of any kind for the athletic field. 8. LANDSCAPING, BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 60 percent of open space. Ordinance 0-09-1725 Page 5 of 7 b. Prior to the issuance of the certificate of occupancy for each building, there shall be a minimum of one three (3) inch caliper tree planted per each 40 feet of frontage and one five (5) gallon shrub planted per each five (5) feet of frontage along Wayne Drive and Cheek Sparger Road. The species and planting specifications shall adhere to the requirements of the Land Development Code. c. A 20 foot landscape buffer shall be maintained along the western boundary of the development and along the boundary of Lot 5, Block 3, Southgate Addition. Additionally, the landscape buffers shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings shall be required in the buffer along the western property line prior to the completion of the athletic field and only adjacent to the stadium and any other existing buildings. The buffer along the boundary of Lot 5, Block 3, Southgate Addition shall be planted prior to the completion of the phase one construction. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Cheek Sparger Road prior to the issuance of the certificate of occupancy for the high school (phase four). b. A minimum five (5) foot sidewalk shall be constructed along Wayne Drive prior to the issuance of any certificate of occupancy. 1 ~. FENCES AND SCREENING a. A minimum eight (8) foot wood fence with masonry columns placed every 20 feet shall be constructed along the western boundary of the development adjacent to Lots 19 through 26, Camelot Estates Addition located in the City of Bedford and along Lot 5, Block 3, Southgate Addition in Colleyville prior to the issuance of any certificate of occupancy. 11.OTHER a. The bleachers for the athletic field shall meet the design and specifications shown in Exhibit "E". b. A traffic impact analysis (TIA) shall be required prior to the issuance of a building permit for any permanent structure. At a minimum, the TIA shall include the following: Ordinance 0-09-1725 Page 6 of 7 (1) A revised analysis of traffic impact change in overall traffic movemen increase in enrollment of students; on Cheek Sparger Road due to t in the area and with potential (2) Evaluation of the north/south traffic flow during peak and non-peak periods on Wayne Drive; (3) The impact of vehicles turning onto Wayne Drive from new development during peak and non-peak periods; (4) An analysis of minimum and optimum requirements for additional turn lanes on Cheek Sparger and Wayne Drive; (5) An analysis of minimum hard surface shoulder construction needs for vehicle drop off and pick up areas; (6) An analysis of the development impact upon the intersection of Wayne Drive and Cheek Sparger Road; (7) A site plan of the development that includes all surrounding public streets depicting any improvements and recommendations required as part of the TIA. The TIA shall be submitted to the City Council for review and approval of both the TIA and the required improvements (both on-site and off- site) shown necessary by the TIA. No building permit shall be issued for any permanent structure allowed by this ordinance until the required improvements recommended by the TIA are made by the applicant a.nd approved by the City. c. In lieu of improvements to Wayne Drive required as part of the proposed development, the applicant shall pay into escrow a perimeter street fee to be determined by the City Engineer prior to the filing of the replat for the property. d. Beginning at the westernmost corner of Lot 1R, Block 1, Colleyville Presbyterian Church Addition, where it is adjacent to Cheek Sparger Road thence commencing approximately 500 feet eastward along the south side of Cheek Sparger Road to the edge of the existing driveway approach there shall be installed a 15 foot wide all-weather surface shoulder, approved and inspected by the Public Works Director prior to the issuance of the certificate of occupancy for phase one construction. Ordinance 0-09-1725 Page 7 of 7 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 ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~` ~ day of 2009. The s and reading and public hearing being conducted on the /~~ day of 2009. ATTEST: CITY OF COLLEYVILLE C nthia Sin leton TRMC CMC .,- Jon A er`s Y 9 Y City Secretary ~ Mayor Pro Tem APPROVED AS TO FORM AND LEGALITY: I~~~ (Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map +~. 907 9001 1003 fi03 4004 4042 4~D q{~ 4 ~'ItE ~ 90S t00 A~°D3 561 .~. CHEEK SPARGER RD 3sis P_UDC ~s I~ sacs 3616 R20 r 13ND9 ~~l~~ ~ 1 961 3 3 ~;•~s AG ~' ~, arm EXHIBIT "B"- Site Plan ~' f QII -r~ k !f i~'7! ~ 1' II, 3 Q I ^ rli I r~`;~i, 1, P ~~`!!~~ri~ ~ ~ °' '~ '~• ~I 11 4l tl ~ I'I ~~' Y ~~ ~ I G ~ t! ~ ~ ~ ~~~~ ~ ~ ~ y i ~/ i w~J! F C. - U ~~ d~il Wri! -- ~~Il. II tf-+------~ t! s ~1i _ o e ! I ~ ~a I ~ i ~ ~ i ! I ! -fi ,~~ ~ I .. --, r+ ~ f Fu ~ ~ I 11 ~ ~ k ~I~ I !, I1 I.11 + ~ '1 ! 1 I i. { ' is ~" .Ii I~ ~!i i i I { ~ ~ I I { / ~ __~ _ f 4 99~y'f8'W 3i5.90r -~~ Y __........ ~` _ ~~~~ 0 A ~<4~~$ ~~~~~0 ~~~~~ ~~y~<V yA yy~ yy 6 FO ~~~~ma napr ttnJ~ ~dA~ ~_{ T w m §~~& ~~~~~~ ~~~~"' $~~s~~ ~ 'tiRMa p$~%F m F ~~~~~~ e ~~,~~~~ ~~ ~~~~m §~~~~ ~~G~~mV ~ ~~~s e ~ A rA ~ ~:~ ~ m~8r~ ~ 3 ~ ~ ~ ~~§ ~ -~ ~ ~~ ~ ~'~ ~i ~ ~g o~ ~~x~ ~~ ~~ ~ ~~ ~~ ~~~~c$ ~ 4~ ~ -~~~~ e s~® O eopyegla tI01 rox rzEVrew orar wor rote ~.~arorer a~+rrovel, reix-rtrrcn, oa ewarw~enoK ne~a. ' .sa:~wl_4~! ACS rF,em ~! i~uo @a e.~ COvII4YR Gi~kt4W ACA0@tt .,~$' ~~Q~~ $~ ~ ~ 10I 1?~G MAR7d~RMD ~~ EXHIBIT "C"- Statement of Planning Objectives ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA - COLLEYVILLE, TEXAS The property for which this proposed zoning is to occur is located at the southwest corner of Cheek Spazger Road and Wayne Drive. The overall 17.6734 acre piece of property is comprised of numerous individual lots zoned for both PUD-C and R-40 uses (see attached legal description). It is the intent of this zoning application to redact the current zoning for the property and rezone the property into one zoning classification (PUD-C) to be used primarily for church and educational use as described below: PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any accessory uses incidental and secondary to the allowed principal uses. STATEMENT OF PLANNING OBJECTIVES Covenant Christian Academy is a highly respected educational institute serving students in and around Colleyville since 1979. The objective of this PUD-C request is to move forwazd improving the Physical Plant so as to better serve the students and faculty within our school with improvements in our academic, athletic and recreational facilities. Grade school classrooms are planned with the appropriate recreational areas appropriate to grade levels. Athletic field improvements are also included to promote on campus training, practice and game facilities for our school teams as well as outreach opportunities for serving assorted local clubs and associations. Athletic field shall be lighted for nighttime use. Finally, a fixture high school building and an enclosed multii- purpose facility is planned as part of our long-term goals. Upon grant of the zoning change requested herein, it is anticipated that the main Property Owners (Covenant Christian Academy - "CCA") will immediately move forwazd with a replat request (the replat may proceed concurrent with zoning request). The existing PUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain timeframe. Two of the portable buildings have already been removed in accordance with current PUD requirements. This request will incorporate that condition into our PUD-C. Construction of the three (3) grade school buildings will begin almost immediately (Phase 1). These initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings -are not on CCA-owned property and are located outside of the area of our PUD-C request, the removal of those buildings is herein represented as a condition of our request. All portable buildings are to be removed upon issuance of the certificate of occupancy of Phase 1 Construction or approximately September, 2010. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE I EXHIBIT "C"- Statement of Planning Objectives Continued Realize that the proposed development of this property is planned to provide an improved learning atmosphere for the existing student base including a library, computer lab, dedicated art studio, music room, and science lab. The development is not intended to accommodate an influx of additional students in excess of the current enrollment. Student enrollment has fluctuated between 500 to just under 600 over the last seven years. A student enrollment of 600 is the design population for which this PUD-C has been designed for. Presbyterian Church in America - Colleyville, Texas ("Colleyville Presbyterian") was the entity that started CCA. The school became independent of the church in 1999. CCA has been in operation for many years and has been a good neighbor and citizen in the City of Colleyville. Numerous residents of the community have contributed vast amounts of time and monetary resources to further this private school. CCA owns the majority of the property along the west side of Wayne Drive with the exception of Lots 1 and Lot 5 (Southgate Addition, Block 3). Lot 1 is currently under contract to CCA and is a part of this PUD. The original 10 acre portion of CCA property was purchased with the anticipation of the construction of school facilities on the Property. This zoning change is necessitated as a result of the City's zoning ordinance which does not allow additional construction of educational facilities on the CCA property without approving a new PD Development. The City's zoning ordinance was instituted just after the original property was purchased. The use of the Property has long been planned and has been existent for a number of years. The requested change is therefore consistent with the existing use of the Property. Conversion of the existing Property, of CCA into its proposed use is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City of Colleyville. City of Bedford residential neighborhoods aze located to the west and south of this development. The athletic field and treed area on the southern portion of the property (trees to remain) serve as a buffer to these residential areas and are certainly compatible with adjoining uses. The existing athletic field will remain in approximately the same location,. thus having little additional effect on the neighbors in Bedford. These same areas will also easily satisfy any requirements for open space with might be associated with this zoning request. The area east of Wayne Drive, across the street from this Property,. is comprised of vacant land zoned for Agricultural use and two remaining residential homes (zoned R-40). The Saddlebrook Subdivision is located north of this property across Cheek Spazger Road (zoned PUD-R). Prior zoning changes. (PUD's) on this property attempted to satisfy CCA requirements, but contained numerous concessions requested by adjoining property owners. Since the most recent PUD-C, CCA has acquired additional properties along Wayne Drive, thus eliminating all but one of the prior adjacent property owners. This PUD-C addresses the rezoning of the recently acquired and original CCA and Colleyville Presbyterian property as well as those that are to be acquired (Lot i). DEVELOPMENT SCHEDULE ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 2 EXHIBIT "C"- Statement of Planning Objectives Continued The stages and phases of development are planned as follows: Phase 1 - Grade School Construction (begin immediately and. finish in approximately 15 months) Phase 2 - Multi-Purpose Facility Construction (no completion date established) Phase 3 - Athletic Field and Stadium (no completion date established) Phase 4 - High School (no completion date established) * Realize that much of the timing of construction will be dependent on fund raising activities. The Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change other than the fact that Lot 1 is expected to be acquired by CCA contingent upon zoning approval. STATEMENT OF UTILITIES/INFRASTRUCTURE TO BE PROVIDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to .all of the Property. The attached. preliminary engineering drawings detail the proposed water, sewer and drainage infrastructure that will be constructed to accommodate the proposed development of this property. Required easements for all utilities around and on the Site either already exist or will be provided by Plat or separate instrument as necessary. Regarding roadway infrastructure, CCA intends to improve Wayne Drive for its entire length of frontage. The existing asphalt roadway will be widened from the centerline to the west to form''/z of the required 31' B-B City Street Section.'~In other words, CCA will build a 15.5' street section along its side of the existing Wayne Drive. A 4' sidewalk will be constructed along the west right-of--way of Wayne Drive for its entire length along the CCA frontage. CCA would also entertain entering into aCity-Developer Agreement to reconstruct Wayne Drive along the entire school frontage from its existing state to a full width 36' B-B street section to allow on-street pazking. CCA would be willing to contribute the funds for 15.5' width of the roadway while the City pick up the cost for the remaining 20.5' width. Recent improvements to Cheek Spazger Road have already been made by CCA as required by the eazlier PUD-C. IMPACT FEES: Granting of this request,will not introduce additional students to this location. The classrooms in Phase 1 will replace the existing classrooms currently located in the Portable Buildings. No net increase in impact will be felt from these improvements as we ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 3 EXHIBIT "C"- Statement of Planning Objectives Continued are simply relocating existing students into the new, larger classroom and appropriate educational spaces. By this application we are requesting following consideration and adjustment on the applicable impact fees: 1) Roadway Impact and Perimeter Street Fees: Full impact fee credit allowed for the amount of road way improvement both to Wayne Drive as illustrated in this request as well as the previous substantial improvements along Cheeksparger Drive. We request that the required street and sidewalk construction be limited to what is shown on our Site/Concept Plan and related engineering plans. 2) Parkland Dedication Fees: We understand that Parkland Dedication Fees do not apply to this development. 3) Water and Sanitary Sewer (Builder) Impact Fees: Full impact fee credit shall be allowed for the installation of the new 8" water line along the full length of property along Wayne Drive. This water line is replacing an existing 2" water line. Again, the impact from the introduction of these new classroom buildings will be totally offset by the elimination of the impact now present with the portable classroom buildings to be removed from site. 4) Tree Mitigation Fees: Full tree mitigation fee credit shall be allowed mainly due to the effort taken to preserve the majority of the existing trees located at the southwest comer of the property. Over 90% of the existing trees on the overall property are to be retained. This instrument is attached to an incorporated into the zoning application signed by the Property Owners and their representative. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 4 EXHIBIT "D"- Building Elevations F 4~' EXHIBIT "E"- Bleacher Details Bleacher Details _ ,.~ _ ~x ~ ~ ~-~ ~I Y , ~Y~/ ~Q~Q ~~ ~~~. ~ 8~a ~t - die _~ e `w _ ~ _ ~ ,_ _~ ~~i ~~ ..~ ==~ E ;L7 W ~7'i T I"F1 N rn n T_ ~_ Q Z i ~~~ ~k ~. ~~ ~~~~ ~' ~~ ~3~ sa ~'~ ~~ b a ga. EQe' $~s #'•~~~ ~~;i_ ~- ~ ~Y ~_ i7 kr x £~ a ~~ 4; " ~+,