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WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their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
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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
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EXHIBIT "E"- Bleacher Details
Bleacher Details
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