HomeMy WebLinkAboutOrdinances (Ordinance O-20-2113)-05/19/2020WITHDRAWN BY APPLICANT ON MAY 15, 2020
ORDINANCE 0-20-2113
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 18.45 ACRES ON LOTS 11 21 & 3, BLOCK A, OF THE
HERITAGE FARMS ADDITION, LOCATED AT 913 CHEEK SPARGER
ROAD, 3808 WAYNE DRIVE, AND 3900 BEDFORD COURT FROM THE
PUD-C PLANNED UNIT DEVELOPMENT - COMMERICAL 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. ZC19-009; 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
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 18.45 acres on Lots 1, 2, & 3, Block A, of
the Heritage Farms Addition, located at 913 Cheek Sparger Road,
3808 Wayne Drive, and 3900 Bedford Court from 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 to allow for the construction of
a Senior Living Community on 18.45 acres.
b. This facility be licensed as a Type A and/or Type B Assisted
Living Center by the Texas Department of Aging and
Disability Services as required by the Assisted Living Facility
Licensing Act. Proof of such licensing shall be required prior
to issuance of a Certificate of Occupancy for this property.
c. This development shall be generally consistent with the
Statement of Planning Objectives, Exhibit "B".
d. The proposed development is subject to PUD-C Planned Unit
Development - Commercial zoning district and all the
associated regulations contained in the Land Development
Code, except as amended by this Ordinance.
2. DEVELOPMENT PLAN
a. The development shall be generally consistent with the Site
Plan and Building Elevations attached in Exhibits "C" and
„D„
3. PERMITTED USES
a. The Senior Living Community as depicted in the attached
exhibits, shall be a permitted use.
b. Type "A' and Type "B" assisted living facilities are permitted
with a maximum of 32 units for assisted living uses and a
maximum of 24 beds for memory care uses, as depicted in
Site Plan Exhibit "C".
c. A maximum of 164 multifamily independent living units are
permitted as depicted in Site Plan Exhibit "C".
d. All residential units permitted by this PUD shall only be
occupied by persons who are age 55 or older per
requirements of the United States Department of Housing
and Urban Development.
e. All accessory buildings and uses, customarily incidental to
the above uses on the same lot within.
4. Hours of operation
a. Deliveries to the facility for food service and general delivery
will be restricted to 7:00 a.m. to 6:00 p.m. daily.
S. Conceptual plan and Platting
a. The development shall be generally consistent with Site Plan
Exhibit "C", which shall not be considered the preliminary
plat. Minor adjustments, such as building articulations, shall
be permitted. Other modifications, which do not change the
use or increase the density, may be approved
administratively by staff.
6. BUILDING DESIGN
a. The Senior Living Community shall be generally consistent
with the building elevations and specified material depicted
in Exhibit "D".
b. All buildings allowed for this development shall not exceed
two stories and 35 feet in height.
c. The cumulative exterior walls of the buildings in this
development shall be a minimum 50 percent masonry.
d. Except as modified, all buildings shall, at a minimum, meet
the provisions of Chapter 6-Building Design in the Land
Development Code.
7. LANDSCAPING & OPEN SPACE
a. The This development shall provide a minimum of 50
percent pervious cover area, as shown on Site Plan Exhibit
"C" and all open space areas shall be landscaped and
maintained by the property owner. Open space may include
detention or retention ponds.
b. All landscaping shall comply with Chapter 4 Landscaping in
the Land Development Code.
8. SIDEWALKS
a. The sidewalk along Cheek Sparger Road must be at least five
(5) feet wide. The sidewalk along Wayne Drive and Bedford
Court must be at least four (4) feet wide. The sidewalk must
be installed when any new structures are built on the
property.
9. PARKING AND ACCESS
a. This development shall be allowed to have a minimum of 330
parking spaces.
b. All parking shall be mutually accessible and available across
all uses within this development.
c. As depicted on Site Plan Exhibit "C", a 24-foot public access
and fire lane easement shall be located within the
development such that it connects Wayne Drive at the
southern terminus of the Bedford Court right-of-way
boundary. Said easement shall be included on any future
plat of the property.
lO. LIGHTING
a. All lighting shall be directed away from adjacent residential
properties. Illumination from light poles shall not exceed 0.5
foot-candles as measured from any portion of the property
line.
11. FENCING
a. An eight (8) foot cedar (or similar material) fence, shall be
constructed along the south and east property lines adjacent
to the existing residential uses located in the City of Bedford.
b. The fence shall be generally consistent with Exhibit "D".
12. SIGNAGE
a. All monument signs shall meet the minimum requirements
of the Land Development Code.
13.TRASH COMPACTOR AND EMERGENCY GENERATOR ENCLOSURE
a. The trash compactor and emergency generator enclosure
will be fully screened with a ten (10) foot high masonry
screening wall with solid gates on the opening side. The
enclosures shall be constructed of eight (8) inch concrete
block walls with brick and stone veneers and a cast stone
ca p.
b. All requirements of the Land Development Code shall be
met, except where amended herein.
14. PARKING SHADE STRUCTURES
a. The covered parking structures will have 4:12 sloped roofs
with asphalt shingles to match the building. The structures
will have a minimum nine (9) feet of clearance with 2" x 8"
fascia and open ended gables.
b. The parking shade structures shall be generally consistent
with Exhibit "E".
15. PUBLIC IMPROVEMENTS
a. In lieu of constructing any required perimeter street
improvements, the developer shall construct the following
roadway improvements: (1) improve the intersection of
Cheek Sparger Road and Bedford Road/Bedford Court such
that it may result in the construction of a roundabout; (2)
add a right -turn only lane to northbound Wayne Drive where
it intersects Cheek Sparger Road.
b. Given the requirements of Section "a" above, prior to the
acceptance of any plat applications as required by this
ordinance, the developer shall submit a City/Developer
Agreement (CDA) for approval by the City Council that, at a
minimum, addresses the following areas:
(1) Total estimated cost, scope, feasibility and traffic
impact of the construction of a roundabout at Bedford
Road/Bedford Court and Cheek Sparger and a
northbound right -turn lane at the intersection of
Wayne Drive and Cheek Sparger Road as determined
by a registered professional engineer in the State of
Texas;
(2) Plans and details of a schedule for reimbursement
of construction costs to the developer by the City or
waiver of fees:
(3) Clear delineation of duties and responsibilities with
regard to right-of-way acquisition, construction,
inspections, maintenance of all proposed public
improvements.
(4) Any existing escrowed funds for future roadway
improvements to Wayne Drive, Cheek Sparger Road
and Bedford Road/Bedford Court paid by the
developers of any properties within 2,000 feet of the
subject property within the preceding ten years are
hereby eligible to be applied above provided a written
affidavit is submitted to the City of Colleyville from the
developer that paid said escrow funds for the roadway
improvements described above.
(5) Any change to the terms of this section shall
require an amendment to this ordinance.
c. Payment in Lieu of Taxes, PILOT Agreement for 30 years to
offset projected Emergency Medical Costs shall be:
(1) Year 1: $25,000 first full calendar year following
initial occupancy
(2) Year 2: $50,000
(3) Year 3: $75,000
Subsequent Years: Being Year 4, in the base of
$75,000 will be adjusted by the CPI Index for Fort
Worth. Such adjustments will not exceed 4% and will
not be negative.
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
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 3rd day of March
2020.
The second reading and public hearing being conducted on the 191h day of May
2020.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the 19th day of May 2020.
Mayor Richard Newton Mayor Pro Tern Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST:
CITY OF COLLEYVILLE
WITHDRAWN BY APPLICANT ON MAY 15, 2020
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Richard Newton
Mayor
Exhibit IAA" - Location and Zoning Map
INWOODLANE_ _ -
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4004
4003
4001
803
901
903
905
1003 1007
1005
4000
907
1001
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4002
4001
PU D-R
3906
CHEEK SPA RGFR ROAD
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4000
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3904
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913
PUD-C.
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3900
901
PUD-C
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3808
Exhibit '"B" - Statement of Planning Objectives
Statement of Planning Objectives
Colleyville Senior Living Community
Statement of Plannine Obiectives
The Colleyville Senior Living Community will provide a master planned, life care retirement community
with three levels of service: independent living (IL), assisted living (AL), and memory support (MS).
The project is designed to be compatible with the surrounding land uses and will be in conformance
with the intent parameters of the existing PUD zoning.
The previous retail/office component has been eliminated and the number of living units has been
decreased to reduce the intensity of the use and to decrease traffic volumes. Additionally, the
previously detached buildings will now be connected, which will allow for improved internal resident
circulation and for more efficient delivery of services.
The site plan layout will provide over 50%open space and will protect existing trees or plant
replacement trees, when necessary. This design will provide quality outdoor spaces for the residents
and their families.
Exhibit "C" -Site Plan & Building Elevations
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Exhibit "D" — Perimeter Wood Fencing
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Exhibit "E" — Parking Shade Structure
Christine Loven
From: Ben Bryner
Sent: Monday, May 18, 2020 3:43 PM
To: Christine Loven
Cc: Jerry Ducay; Mark Wood; Adrienne Lothery
Subject: FW: VC20-001
Attachments: I M G_20200515_060319 j pg
Christine,
This just came in for the variance item on tomorrow's agenda.
Ben
From: hook-em@tx.rr.com <hook-em@tx.rr.com>
Sent: Monday, May 18, 2020 3:38 PM
To: Ben Bryner <BBryner@colleyville.com>
Subject: VC20-001
Ben:
Per our conversation this afternoon regarding the upcoming zoning request for variance listed above. Please
find attached photo of existing stray light from subject property onto my property and even into the back of my
house. As we discussed, my concern is adding additional light.
Thanks for your time.
Sincerely,
Dane Bailey
6106 Hunter Lane