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HomeMy WebLinkAboutOrdinances (Ordinance O-21-2158)-05/04/2021ORDINANCE 0-21-2158 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, REZONING FROM R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO PUD-C PLANNED UNIT DEVELOPMENT — COMMERICAL DISTRICT ON LOTS B1A & B2A, REAGAN ESTATES WEST, CITY BOUNDARY SPLIT, LOCATED AT 7720 PRECINCT LINE ROAD; 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 to change the zoning from R-40 Single Family Residential to PUD-C Planned Unit Development — Commercial, Case No. ZC21-002; 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 amend the City's zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City's zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City's zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT this ordinance shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is to allow for the development of commercial office and showroom space, consisting of a maximum five (5) buildings and 30,500 total square feet, located on lots B1A & 132A, Reagan Estates West, City Ordinance 0-21-2158 Page 2 of 6 Boundary Split, located at 7720 Precinct Line Road (the "Property"). 2. DEVELOPMENT PLAN b. The development of the Property shall be generally consistent with the Statement of Planning Objectives attached hereto as Exhibit "B", and the conceptual site plan and site orientation plan attached hereto as Exhibit "C". 3. PERMITTED USES a. The permitted uses for the Property shall be solely those provided for in the Use Chart attached hereto as Exhibit "F". b. The administration of the permitted uses shall be generally consistent with the regulations applicable to CC-1 base zoning, as amended by this ordinance. c. No outdoor overnight parking shall be allowed for larger vehicles, including any commercial vehicle with a manufactured capacity rated over one (1) ton, box trucks, tow trucks, recreational vehicles, off -highway vehicles, and/or trailers. d. No outdoor overnight storage of supplies, equipment, materials, or similar personal property of any kind shall be allowed. The foregoing includes, without limitation, any vehicle described in Section 3(c) above. e. No drive-thru use shall be permitted on the Property without a specific use permit (SUP) issued by the City. f. No building located on the Property shall be open to the public for business on any day of the week between 10:00 p.m. - 7:00 a.m. (10:00 p.m. - 5:00 a.m. for fitness center uses only); provided, the owner of the Property may request to modify the foregoing business hours by applying for a specific use permit (SUP). 4. BUILDING DESIGN a. The buildings shall be constructed and maintained in general conformance with the elevations, materials, and articulation as depicted in Exhibit "D". b. There is herein granted a conditional waiver of the required front building line setback for Building A (#1) to permit a reduction to approximately 7.7' to accommodate the Ordinance 0-21-2158 Page 3 of 6 remodel of the existing building in conformance with this ordinance. c. There is herein granted a conditional waiver of the required 25' setback from the property line to the north of Building D (#4) to permit a reduction to approximately 17.7' to accommodate construction of Building D in conformance with this ordinance. S. LANDSCAPING a. There is herein granted a conditional waiver of the minimum landscape area between the front building (Building A) and the street to permit a reduction from the required 10% of the overall site area to approximately 5.5%, consistent with Exhibit "E". b. All landscaping shall be installed and properly maintained in conformance with this ordinance, including the site plans and landscape plans attached as Exhibits "C" and "E" respectively. 6. FENCING AND BUFFER YARDS a. There shall be a masonry screening fence at minimum of 8' in height erected and maintained along the east and south property lines, as depicted in Exhibit "C". b. Buffering consisting of both masonry wall and approved vegetation shall be erected and properly maintained along the entire north property line of the Property in conformance with this ordinance, including the site plans and landscape plans attached as Exhibits "C" and "E" respectively. 7.SIGNAGE a. One monument sign shall be permitted on the Property. The monument sign shall comply with Chapter 7 of the City's Land Development Code, except as otherwise provided herein. b. There is herein granted a conditional waiver of the required 30' side property line setback for the monument sign, to permit a setback reduction to approximately 7' and to allow Ordinance 0-21-2158 Page 4 of 6 the monument sign to be located in conformance with Exhibit „C„ 8. TERMINATION OF CONDITIONAL WAIVERS a. The conditional waivers set forth in Sections 4(b), 4(c), 5(a), and 7(b) herein are conditioned upon strict compliance with this ordinance and subject to termination in the manner provided in this Section 8. b. The waivers set forth in Sections 4(b), 5(a), and 7(b) shall apply solely in connection with the current proposed remodel of Building A. Upon completion of construction of the building remodel, should the building be structurally altered, remodeled, repaired, removed, or destroyed to an extent greater than fifty (50) percent of the building's most recent current taxable value as determined by the Tarrant Appraisal District, the conditional setback waivers in Sections 4(b), 5(a) and 7(b) shall terminate and the building and monument sign shall be required to comply with all applicable setback and landscape standards in the City's Land Development Code. In addition, notwithstanding any other provision in this ordinance, upon completion of initial construction of the monument sign, should the sign be structurally altered, remodeled, repaired, removed, or destroyed to an extent greater than fifty (50) percent of the then current value of the sign, the conditional setback waiver for the sign shall terminate and the sign shall be required to comply with all applicable setback and location standards in the City's Land Development Code. c. The waiver set forth in Section 4(c) shall apply solely in connection with the initial construction of Building D. Upon completion of construction, should the building be structurally altered, remodeled, repaired, removed, or destroyed to an extent greater than fifty (50) percent of the building's most recent current taxable value as determined by the Tarrant Appraisal District, the conditional setback waivers shall terminate and the building shall be required to comply with all applicable setback standards in the City's Land Development Code. Sec. 2. THAT the Property 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 Ordinance 0-21-2158 Page 5 of 6 herein. All requirements of the Land Development Code shall be met, except as expressly amended herein. Sec. 3. 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. 4. 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. 5. 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. 6. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of April 2021. The second reading and public hearing being conducted on the 4th day of May 2021. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 4th DAY OF MAY 2021. Ordinance 0-21-2158 Page 6 of 6 Mayor Richard Newton Ave Mayor Pro TernBobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye Place 3, Kathy Wheat Aye Place 6, Callie Rigney Aye Place 4, George Dodson Aye ATTEST: J kwLj_x� Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney CITY OF COLLEYVILLE 14 4�-- Richard Newton Mayor Exhibit "A" - Zoning Exhibit 1012 00 / 5724 7990 5740 — —� / 5717 22P --- / 5720 5736 5729 5713 f 5716 PUD-C 5732 5725 5712 5709 7970 5728 5721 5708 3705 5724 5717 5716 5704 PUD-R 5701 s720 - --- 5700 5700 W 5617 5616 3 O 5616 � O 5613 5612 2 Coe5609 1008EOO Q 3012 = Z 5608 W 1004 V g 5605 0W[. 7900 y 5604 1009 R-40 5600 1017 1001 5601 101 GOS PUD-R 5616 7720 7720- -- — - — Exhibit "B" - Statement of Planning Objectives Statement of Planning Objectives City Line Business Park Statement of Planning Objectives: The Owner and Developer, YAOTL LLC, dba, Delta Capital and Investments, proposes to develop the property into a new Business Park, named, City Line Business Park. To do so, Delta Capital is working with the Cities of Colleyville and Hurst to work through the Rezoning, and all Engineering Process to bring the property to present day Code and requirements. It will take a coordinated effort due to two existing buildings that are in fact located partially in the two municipalities of Colleyville and Hurst. Additionally, the water and sewage utilities serving the property will be reconstructed from Hurst to Colleyville to meet the project objectives. The Developer envisions a Business Park that will offer the local Entrepreneurial community a clean space and an environment that will promote innovation and collaborative work. The COVID-19 epidemic has caused significant changes in the way people work and the space that they require. We believe that the City Line Business Park can provide the flexible space that the entrepreneur will need. The Developer believes that there is a strong need in the area for such a project because of the location and a thriving Entrepreneurial community that is growing in the the local region. This community requires Flex space, ( Office and open space combined), to meet their business needs. City Line Office Park will offer the Entrepreneurial Community within a radius of eight miles of the location with suites of Flex, suites / space ranging from approximately 1250 square feet up to 7500 square feet. There will be a total of five buildings with approximately 31000 total square feet when fully developed. There would be no outside storage allowed in the business park. It is anticipated that there is a large number of Entrepreneurs that will occupy the space, to include, publishing, logistics, electrical, interior designers, and electronics businesses, along with gyms, retail, health, and beauty types of businesses and many others. The Owner is excited about the project due to the numerous inquiries that have been received since the small signed was installed announcing the coming of the Business Park. Development Schedule: Delta is requesting approval from the City of Colleyville for the Total Development / Site Plan that generally describes the layout of the existing and future buildings. Once approved we would immediately begin the construction of the water and sewer facilities and the development of the grading and drainage plan for the entire site. Concurrently we would be applying for a construction permit for the exterior rehab work for the buildings that are referred to as 'Building A " and Building " B " on the plans. We anticipate that the rehab of Building " A and B" along with the applicable site work and supporting infrastructure can be completed by mid 2021. There is also a possibility that the demand may develop to begin construction of Building " C " sometime inlet 2021. The remainder of the development of the Business Park, would be determined by the demand for buildings " D & E " Exhibit "C" — Site Plan & Site Orientation Plan A 9� I, II Jf ' �'�� cr °A A' AAA A AA AAA �M �U.41. 010N fi sfi � 3�K����el�3ila� �� Ai 9��179i i �F�tli�ar ile� ial� ti€�B 4°fj Is il� sg ! e�l�ft 11 11 !fit 9 q� Eye IB� i° ip(1 i 1 Ef fit �j3., 1a• � it it i� , �� as fi Al�s ;:5 HIM i,2lj 1111.3 ty;:E'a E?gi}$gpeI {{`i (( 3 {tiiede!, list 1111.3.1I ti I; i 6RPe 51 I x, Fi ' A 1 f� f!d4` • I� LI� G I o pill, i �A I ° lit 1 eS E:ii i r W ttB s g la Ali c �c��azaaaEa2� 8®on I 5 1, O qi ®®ECpCQp rt t Y +Ilr ! Ilrt O '' ii , I�■ I`4;i ' ISA92ie�'gtil °!t� IY', O ®_ I. �1 �sp �• R NEON jl e1� iv �, p I�� III :�: • �' r i , i �;;w.lm� 1 � I 'E, o� �� ��i�,,. ,.. ... .. ...... ... L,. :..-. Exhibit "E" - Landscaping & Tree Preservation Pans .©_ | v...___- _Id)i�o '. .I GVOU s q na N U10 �/g7¥u 2~® wwdd#~ww^!| d2S79Ce2±S.2e9±§. _. \ d|i\\222\22222ii§2 �, T\` wn. 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AUVd SS3NisnsEINI1A1I0 5. .!! ! �/�.� o Exhibit "F" Uses Chart Office Uses P Accountant's Offices P Advertising Agencies P Chiropractic Clinics S Emergency Clinic (24 hrs.) P Engineering, Architect's, and Surveyor's Offices P General Business Offices not elsewhere listed P Insurance Agencies P Management and Public Relations Services Offices P Optometrist Offices P Psychologist Offices P Physician's or Dentist's Offices P Real Estate Agency Offices P Security Broker Offices P Telemarketing Offices P Title Abstract Offices S Trade or Business Schools P Travel Agency / Airline Ticket Offices Retail and Service Uses S Alcoholic Beverage Sales (Beer & Wine Only) -Off - Premises Consumption S Alcoholic Beverage Sales - On -Premises Consumption S Package Store Sales - Off -Premises Consumption S Alcohol or Drug Treatment Center P Antique Stores P Apparel and Accessory Stores P Arts and Crafts Stores and Hobby Shops S Bakery Stores S Banks, Credit Unions, and Financial Institutions P Barber Shops, Beauty Shops, and Day Spas P Bicycle Shops P Books, Stationary, or Greeting Card Shops P Camera or Music Stores S Carnivals and Circuses S Cemeteries or Mausoleums S Charitable Donation Station S Civic, Social, or Fraternal Organizations S Convenience Stores with Gasoline Sales P Copy Centers/Print Shops P Dance Studios and Martial Arts Studios S Day Care Centers S Dog Grooming P Department Stores P Dry Cleaner Pick-up Stations P Dry Cleaners (up to 5,000 s.f. w/on-site laundry) P Florist Shops S Funeral Homes P Furniture and Appliance Stores S Grocery Stores P Hardware, Electrical, and Plumbing w/o outside display S Hospitals S Hotels and Motels P Home Decoration Stores P Jewelry Stores S Locksmiths P Mailing and Shipping Stores S Meat or Fish Markets P Pet Stores P Pharmacy P Photography Studios S Restaurants, Cafes, and Cafeterias S Second Hand Goods Shop S Self -Service Laundries P Sporting Goods Store P Shoe Repair P Tailor and Alteration Shops P Video Rental and Sales Stores S Wedding Chapels Recreational and Entertainment Uses S Amusement Centers (indoors) S Billiard Parlors S Commercial Recreation (outdoor) P Fitness Centers (hours of operation 5 a.m. to 10 p.m.) S Golf Driving Ranges S Miniature Golf Courses S Roller and Ice Skating Rinks S Theaters Heavy Commercial, Industrial & Manufacturing Uses S Contractor Office without storage yard S Plumbing, HVAC and Electrical Trades Shops S Printing and Publishing - Commercial S Research and Development Labs S Upholstery and Furniture Repair Shops Utility Uses S Electrical Substations S Public Utility Supply and Storage Yards S Telecommunications Towers S Water Pumping Stations S Wind Driven Generators Public and Institutional Uses S Colleges or Universities S Community Centers or Recreation Centers S Government Buildings, Offices, and Facilities S Fire Stations/Police Stations S Government Maintenance Facilities S Libraries S Museums S Post Office S Parks and Open Space Areas S Public Maintenance and Storage Buildings S Private Schools - Elementary and Secondary S Private Schools - High School S Public Schools - Elementary and Secondary S Public Schools - High School S Religious Institutions Automotive and Transportation Uses S Auto Detailing S Auto Parts and Accessory Stores S Auto Upholstery Shops NOTES: 1. The uses for the property shall be generally consistent with the standards for CC-1 base zoning, as amended by this chart. 2. Any use not expressly listed in this chart is prohibited unless otherwise allowed by the City Council upon adoption of an ordinance amending this PUD. 3. Hours of operation for all "P" uses are 7 a.m. to 10 p.m. (except fitness centers hours of operation are 5 a.m. to 10 P.M.) Legend P Permitted as a Right -of -Use (may be subject to compliance with conditions described within Section 3.24.0 of the Land Development Code) S Permitted as a Special Use Permit, Requiring Approval by City Council