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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-9/24/2012Ý·¬§ ±º Ý±´´»§ª·´´» City Hall Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ 100 Main Street Colleyville, Texas 76034 Ý±³³··±² 817. 503.1000 www.colleyville.com ß¹»²¼¿ Monday, September 24, 2012City Council Chambers ÐÎÛ ÝÑÓÓ×ÍÍ×ÑÒ ÓÛÛÌ×ÒÙ êæïë ÐòÓò ÛÈÛÝËÌ×ÊÛ ÝÑÒÚÛÎÛÒÝÛ ÎÑÑÓ ÌØ×ÎÜ ÚÔÑÑÎ ÔÛÙßÔ ÞÎ×ÛÚ×ÒÙ ÞÇ Ý×ÌÇ ßÌÌÑÎÒÛÇ ÎÛÙßÎÜ×ÒÙ ÐÔßÒÒ×ÒÙô ÆÑÒ×ÒÙô ÐÔßÌÌ×ÒÙô ßÒÜ ÔßÒÜ ËÍÛ ÎÛÊ×ÛÉ ÑÚ ÎÛÙËÔßÎ ßÙÛÒÜß ×ÌÛÓÍ ßÒÜ Ü×ÍÝËÍÍ×ÑÒ ÑÚ ÐÎÛÊ×ÑËÍ ÓÛÛÌ×ÒÙ Ó×ÒËÌÛÍ Ü×ÍÝËÍÍ×ÑÒ ÑÚ ×ÌÛÓÍ ÌÑ ÞÛ ÐÔßÝÛÜ ÑÒ ÚËÌËÎÛ ßÙÛÒÜßÍ ßÒÜ ËÐÜßÌÛÍ ÑÒ ÜÛÊÛÔÑÐÓÛÒÌ ÌÎÛÒÜÍô ÐÎÑÙÎÛÍÍ ßÒÜ Ý×ÌÇ ÝÑËÒÝ×Ô ßÝÌ×ÑÒÍ ÑÒ ÐßÍÌ ßÙÛÒÜß ×ÌÛÓÍ ÛÈÛÝËÌ×ÊÛ ÍÛÍÍ×ÑÒ ×² ¿½½±®¼¿²½» ©·¬¸ Ì»¨¿ Ù±ª»®²³»²¬ Ý±¼» Ý¸¿°¬»® ëëïô Í«¾½¸¿°¬»® Üô Í»½¬·±² ëëïòðéï Ô»¹¿´ Ý±²«´¬¿¬·±² ©·¬¸ ¿¬¬±®²»§ ±² ´»¹¿´ ·«» ®¿·»¼ ¾§ °«¾´·½ ¸»¿®·²¹ ±® ¿½¬·±² ·¬»³ ±² ¬¸» ¿¹»²¼¿ éæðð °ò³ò ÎÛÙËÔßÎ ÓÛÛÌ×ÒÙ ÝßÔÔ ÌÑ ÑÎÜÛÎ ßÒÜ ÎÑÔÔ ×ÒÊÑÝßÌ×ÑÒæ Ý±³³··±²»® Þ§»®´§ ÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ ïò ßÐÐÎÑÊßÔ ÑÚ Ó×ÒËÌÛÍ September 10, 2012 îò Ý×Ì×ÆÛÒ ÝÑÓÓÛÒÌÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ ÎÛÙßÎÜ×ÒÙ ×ÌÛÓÍ ÒÑÌ ÑÒÌØÛ ßÙÛÒÜß íò ÎÛÙËÔßÎ ßÙÛÒÜß ×ÌÛÓÍ í¿Approval of a minor plat for 0.9 acres on Tract 6B03B, Abstract 328 of the Simon Cotrail Survey located at 4708 Behrens Court, Case PC12-012 City of Colleyville Page 1 Planning and Zoning Commission AgendaSeptember 24, 2012 ìò ÐËÞÔ×Ý ØÛßÎ×ÒÙ ßÙÛÒÜß ×ÌÛÓÍ ì¿Approval of a replat for 0.8 acres on Lots 1 and 2, Block 1, of the O. Martin Addition located at 5601 Montclair Drive and 2104 Ruth Road, Case PC12-008 ì¾Approval of areplat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC12-010 ì½Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the entire Village at Colleyville Addition located on Veranda Lane, Main Street, Village Lane, Piazza Lane, Terra Cotta Way, Cottage Lane, Mission Lane, Casa Lane, and in the 5100 to 5200 block of Pleasant Run Road, Case ZC12-022 ëò ßÜÖÑËÎÒÓÛÒÌ I hereby certify thisagenda was posted on City Hallbulletin boardsSeptember 21, 2012 by 5:00 p.m. Amy Shelley, Community Development Coordinator Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 2 Location and Zoning Map Í·¬» Aerial Looking North Ð´¿¬ Û¨¸·¾·¬ Location and Zoning Map Í·¬» ß»®·¿´ Ô±±µ·²¹ Ò±®¬¸ Í·¬» Ñò Ó¿®¬·² Ð´¿¬ Û¨¸·¾·¬ Plat Exhibit Location and Zoning Map Í·¬» ÐËÜóÎ ÐËÜóÎ Ò±¬·º·½¿¬·±² Ô·¬ ÑÉÒÛÎ ÑÉÒÛÎ ÑÉÒÛÎ ÒßÓÛÑÉÒÛÎ ßÜÜÎÑÉÒÛÎ Ý×ÌÇÍ×ÌËÍ ßÜÜÎ ÍÌßÌÛÆ×Ð Ì±´´ Ü¿´´¿ Ì¨ Ô´½îëëé ÍÉ Ù®¿°»ª·²» Ðµ©§Ù®¿°»ª·²» ÌÈéêðëïððêèïê Ó«®°¸§ Î¼ Ì±´´ Ü¿´´¿ Ì¨ Ô´½îëð Ù·¾®¿´¬¿® Î¼òØ±®¸¿³Ðßïçðììððêçðï É¸·¬¬·»® Ô² Ê»¬ô Î¿²¼§ Ö±¸²±²ïîð Ó«·® Ô²Ý±´´»§ª·´´» ÌÈéêðíìððêçðè É¸·¬¬·»® Ô² Ì±´´ Ü¿´´¿ Ì¨ Ô´½îëð Ù·¾®¿´¬¿® Î¼òØ±®¸¿³Ðßïçðììððêçðì É¸·¬¬·»® Ô² Ì±´´ Ü¿´´¿ Ì¨ Ô´½îëð Ù·¾®¿´¬¿® Î¼òØ±®¸¿³Ðßïçðììððêçðð É¸·¬¬·»® Ô² èêðï ß³¸«®¬ Ý¬Ò±®¬¸ Î·½¸´¿²¼ Ø·´´ ÌÈéêïèððððëðë Î·ª»®°¿¬¸ É»¸®´»ô Ó·½¸¿»´ Û ú Ì¿³³§ Î Ì±´´ Ü¿´´¿ Ì¨ Ô´½îëð Ù·¾®¿´¬¿® Î¼òØ±®¸¿³Ðßïçðììððêèîð É¸·¬¬·»® Ô² Ì±´´ Ü¿´´¿ Ì¨ Ô´½îëð Ù·¾®¿´¬¿® Î¼òØ±®¸¿³Ðßïçðììððêèïç É¸·¬¬·»® Ô² Ì®·°´» Ì Ú¿®³ Ô¬¼òïððë Ì»¨¿ Ì®´ Í¬» îððÙ®¿°»ª·²» ÌÈéêðëïððêèïê É¸·¬¬·»® Ô² Ì±´´ Ü¿´´¿ Ì¨ Ô´½îëð Ù·¾®¿´¬¿® Î¼òØ±®¸¿³Ðßïçðììððêèïë É¸·¬¬·»® Ô² Ø¿¹»®ô Ü¿ª·¼ Ôêèïî É¸·¬¬·»® Ô²Ý±´´»§ª·´´» ÌÈéêðíìððêèïî É¸·¬¬·»® Ô² íçëì Þ®±¿¼³±±® Ý·®Ò¿°»®ª·´´» ×Ôêðëêìððêèïï É¸·¬¬·»® Ô² Õ´»«»®ô Ô¿©®»²½» Ö ú Ó»´±¼§ Ê Í¿³ô Õ»ª·² Û ú Î ß Î¿°¸¿»´êèðè É¸·¬¬·»® Ô²Ý±´´»§ª·´´» ÌÈéêðíìððêèðè É¸·¬¬·»® Ô² Ù»±®¹»ô Ô¿«®·» Õêèðé É¸·¬¬·»® Ô²Ý±´´»§ª·´´» ÌÈéêðíìððêèðé É¸·¬¬·»® Ô² Õ»ª·² Õ»´»®ô ¿°°´·½¿²¬éçëð Û´³¾®±±µ Ü®òÜ¿´´¿Ì¨éëîìé¿°°´·½¿²¬ Ð«¾´·½ ¸»¿®·²¹ ²±¬·½» ©»®» ³¿·´»¼ ±² Ì«»¼¿§ô Í»°¬ò ïïô îðïî ¾§ ß³§ Í¸»´´»§ò Buffer Map Aerial Looking North Í·¬» ß°°´·½¿²¬ù Î»¯«»¬ Ð´¿¬ Û¨¸·¾·¬ ê÷ìðûèíöðíèé úðíùñûíöåôóèèó÷êô÷óõôèéìôûé÷ó óàéðøàåöäð à ùûøøà éÇÊÆ×Ãà ïÛÌÌÓÎÕàåöäð êìû ØÅÕ ûï Ý·¬§ ±º Ý±´´»§ª·´´» City Hall Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ 100 Main Street Colleyville, Texas 76034 Ý±³³··±² www.colleyville.com ß¹»²¼¿ Þ®·»º·²¹ ß¹»²¼¿ Ò«³¾»® 4c ß¹»²¼¿ Ü¿¬» 09/24/2012 Ò«³¾»® ZC12-022 Ì§°» Public Hearing Agenda Items Ü»°¿®¬³»²¬ Community Development Ì·¬´» Approval ofan amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the entire Village at Colleyville Addition located on Veranda Lane, Main Street, Village Lane, Piazza Lane, Terra Cotta Way, Cottage Lane, Mission Lane, Casa Lane, and in the 5100 to 5200 block of Pleasant Run Road, Case ZC12-022 Û¨°´¿²¿¬·±² Þ¿½µ¹®±«²¼ò Don Silverman with South Quorum Acquisition, LLC has submitted an application on behalf of Village Management,Ltd. to amend certain provisions of the Planned Unit Development Commercial (PUD-C) development regulations for The Village at Colleyville. The PUD-C zoning for this development was established on January 19, 1999, with the approval by the City Council byOrdinance O-99-1131. The PUD-C zoning for this project allows a mixture of retail, office and residential units within multi-level structures. Additional development regulations were later affixed to the development on May 7, 2002, with the approval of Ordinance O-02-1337.4. The May 7, 2002 amendments served to amend Ordinance O-99-1131 in its entirety and were primarily designed to address a number of issues not anticipated when the original ordinance was adopted by the City Council in 1999, such as encroachments of right-of-ways with bay windows and balcony overhangs. Ordinance O-02-1337.4 was amended on January 17, 2006 under Ordinance O-06- 1560 in order to allow more residential units to be built provided certain performance criteria are met with a maximum of 200 residential units allowed. Finally, all of the previous PUD-C ordinances noted above were amended on May 20, 2008 in order to allow removal of the median on Main Street between Village Lane and Pleasant Run Road and allow installation of 45 degree angled parking. Î»¯«»¬ò The developer has submitted a request to amend the PUD-C zoning and development requirements for the project to increase the number of residential units allowed on the ground floor in the development. The specific request isas follows: City of Colleyville Page 1 Planning and Zoning CommissionAgendaBriefing4c Maximum number of building sites that may contain a single-family residence use on the first floor of its building (Ordinance O-02-1337.4): Current Proposed -Neighborhood Center (NC) Area: 20% 22% -Neighborhood General (NG) Area: 40% 64% -Total Village allowance: 30% 48% The applicantis requesting the amendment because “the additional homes in The Village will spur additional development as well as provide additional customers for current and future retailers that are in The Village”.They further state that they “believe there is current demand for additional town homes and in order to successfully initiate a profitable building plan, additional residential lots are needed”. “This will, at the same time, reduce the number of retail andoffice tenants needed to complete the build out.” Û¨·¬·²¹ Ü»ª»´±°³»²¬ ß²¿´§·ò Per the attached table, based on the proposal by the applicant, the effect would be that thetotal number of residences that could be placed on the ground floor in the entire development would increase from 48 to 77 total sites. There are currently 33 total sites developed in The Village with ground floor residential uses. All of these sites are located in the NG district. In terms of square footage, the total gross floor area (GFA) of all developed properties in The Village is as follows: Residential: 98,805 square feet or 41% of total existing Village GFA Commercial: 81,639 square feet or 33% of total existing Village GFA Institutional: 62,897 square feet or 26% of totalexisting Village GFA Total Village GFA: 243,342 square feet Î»·¼»²¬·¿´ Ü»²·¬§ò Based on a total of 41 existing residential units, the total existing residential density for The Village is 1.6 units per acre. Based on the maximum of 200 units allowed under Ordinance O-06-1560, the maximum residential density currently allowed in The Village, at build out,would be7.7 units per acre. That said, assuming the applicant’s proposal is approved, given the height and size restrictions in The Village for new residential development, and given the remaining undeveloped lots available for construction, the maximum possible residential density for The Village, at build out,would be6.7 units per acre. In comparison, The Village Front Door development at 5232 Colleyville Boulevard is developed at 10 units per acre. City of Colleyville Page 2 Planning and Zoning CommissionAgendaBriefing4c Í¬¿ºº Î»½±³³»²¼¿¬·±²ò Although the applicant’s request is relatively small in the context of the size of the PUD-C ordinances existing for The Village, staff recommends that, given the opportunity to amend the current PUD-C ordinances, the ordinances should be cleaned-up and simplified for ease of use by elected and appointed officials, citizens and Village residents and businesses, City staff, developers, builders, etc. As such, staff has performed a thorough review of all of the active PUD-C ordinances as consolidated all of these ordinances, along with the applicant’s request, into a single PUD-C ordinance, attached to this agenda briefing as the proposed ordinance. Not including the request by the applicant, the following is a brief summary of the proposed ordinance amendments from City staff: • With the exception of a few sections, repeal Ordinance O-06-1560 in its entirety. Staff proposes this action given that the main provisions of the ordinance have never been applied to any new development since its adoption. This ordinance was proposed in 2006 by Henry S. Miller in order to bring in new retail and residential development and those plans never came to fruition as Henry S. Miller never developed in The Village; • Remove the commercial and residential square footage maximum’s for the Village; • Given the two preceding changes, require that an additional Special Use Permit be required for a new multifamily construction (more than two units per building and/or lot); • A provision for work/live units has been added to the list approved uses; • Given the popularity of holding events in this portion of The Village, a provision to allow a public plaza to be constructed in the area bounded by Cottage, Veranda, Main and Village Lane has been added; • Require that any new sidewalks be constructed at a minimum of ten feet in width in order to enhance pedestrian mobility in The Village; and • Allow additional off-premise signage provisions along Colleyville Boulevard (SH26) for Village businesses. The following is a specific breakdown of each section in the proposed ordinance with an explanation of each addition/deletion or change (notes are shown in italics next to each section): ------------------------------------------------------------------------------------------------- City of Colleyville Page 3 Planning and Zoning CommissionAgendaBriefing4c Ð®±°±»¼ Ò»© Ê·´´¿¹» ÐËÜ Ñ®¼·²¿²½» ßò ÐËÎÐÑÍÛ(no changes) The purpose of this planned unit development is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. Þò ÐËÜ ÞÑËÒÜßÎ×ÛÍ (language changed to reflect PUD amendment. No change to PUD boundary) The properties shown on the attached Zoning Exhibit “A” are zoned PUD-C-Planned Unit Development Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas and are hereby amended by the terms of this ordinance. Ýò ÒÛ×ÙØÞÑÎØÑÑÜ ßÎÛßÍ (no changes) This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit “B”. The neighborhood areas and their symbol designations are described as follows: Neighborhood Center –The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters “NC”. Neighborhood General -The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters “NG”. (given the life cycle of the development, the statement of planning objectives and development schedule has been removed) Üò ÜÛÊÛÔÑÐÓÛÒÌ ÍÌßÒÜßÎÜÍ (see changes below) Buildings or structures containing any combination of single-family residences and business use listed herein shall be allowed in accordance with thefollowing Development Standards: 1. Permitted Uses –the following permitted uses shall be allowed within this planned unit development: a. Single-Family Residences: Residential units may be either detached or attached, but City of Colleyville Page 4 Planning and Zoning CommissionAgendaBriefing4c not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 square feet. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of 22% of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. (changed to 22% from 20% per applicant's request) (2) NG Area: A maximum of 64% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (changed to 64% from 40% per applicant's request) (3) A maximum of 48% of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building. (changed to 48% from 30% per applicant's request) (Section 4 capping the residential GFA at 45% has been deleted) (4) Work/Live Units: A work/live unit is defined as a single unit consisting of both a commercial/office and a residential component that is occupied by the same resident. The work/live unit shall be the primary dwelling of the occupant. Provided compliance with sections 1 through 3 above are met, all lots within this development may contain a work/live unit. Work areas are encouraged to be placed on the ground floor while the living area is encouraged to be placed on upper floor abovethe work unit.(new section) (5) Multifamily Units: any building and/or lot that contains more than two residential units may only be approved upon the approval of a Special Use Permit by the City Council. (new section) (6) All residential units shall have a minimum of 1,000 square feet of climate controlled area per residence. The method of calculating the square footage of a residential unit within this PUD-C shall not include floor areas used as common area hallways and stairwells, but shall include the climate controlled space of the dwelling unit. (moved over from Ordinance O-06-1560 with a reduced minimum square footage based on the average unit size for the Village Front Door development) b. Retail: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals.(no changes) City of Colleyville Page 5 Planning and Zoning CommissionAgendaBriefing4c c. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club/fitness center, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. (no changes) d. Food and Lodging: Boutique hotels, bed and breakfast inns, restaurants, cafes, coffee shops,bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. (small hotels changed to “boutique” hotels) e. Entertainment: Entertainment venues includingmovie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs.(no changes) f. Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. (no changes) g. Educational: Private schools, and day-care centers.(no changes) h. Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. (no changes) i. Public/Semi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner’s Association. Semi-public uses such as a neighborhood center, pool and related recreational facilities. The lots bounded by Cottage Lane, Village Lane, Veranda Lane and Main Street may be used, either all or in part, as a public plaza including the installation of permanent public amenities such as a fountain and seating area. The purpose of the plaza would be for publicgatherings and events.(addition of public plaza) j. Parking lots. k. Accessory buildings or uses as defined herein. (no changes) l. Any use of a nature similar to the above when granted a Special Use Permit by City Council. (no changes) m. Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. (no changes) n. Outdoor seating areas for food, lodging or entertainment uses. (no changes) q. Above ground parking garages containing fourteen (14) or fewer parking spaces, City of Colleyville Page 6 Planning and Zoning CommissionAgendaBriefing4c underground parking garages, basements, and cellars. (no changes) îò Ð»®³·¬¬»¼ Ë» ©·¬¸ ¿ Í°»½·¿´ Ë» Ð»®³·¬ Ì¸» º±´´±©·²¹ «» ³¿§ ¾» °»®³·¬¬»¼ «°±² ¿°°®±ª¿´ ±º ¿ Í°»½·¿´ Ë» Ð»®³·¬ ¾§ ¬¸» Ý·¬§ Ý±«²½·´ ¿ °®±ª·¼»¼ ·² ¬¸» Ô¿²¼ Ü»ª»´±°³»²¬ Ý±¼» ±º ¬¸» Ý·¬§ ±º Ý±´´»§ª·´´»æ a. Food trucks, including outside sales of cooked food and other items not listed in Section E.1 Permitted Uses.(addition of food trucks) b. Automobile Sales (Business may store no more than two new vehicles outside in a public parking lot.).(no changes) c. Television and appliance repair service shop.(no changes) d. Club, lodge or other fraternal organizations. (no changes) e. Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a street within the Neighborhood Central (NC) zone shall be allowed only with the approval of a Special Use Permit. (no changes) f. Alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use.(no changes; however the blanket five year alcohol SUP allowance for any building constructed with the first five years of the development has been removed given the expiration of the five year time period) g. Alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store. (no changes; however the blanket five year alcohol SUP allowance for any building constructed with the first five years of the development has been removed given the expiration of the five year time period) h. Package (liquor) stores (new addition) i. Wedding chapel (new addition) j. Multifamily structures as described in Section 1(5).(new addition) íò Ð®±¸·¾·¬»¼ Ë» Ì¸» º±´´±©·²¹ «» ¸¿´´ ¾» °®±¸·¾·¬»¼ ©·¬¸·² ¬¸· °´¿²²»¼ «²·¬ ¼»ª»´±°³»²¬æ (no change) a. Drive-through commercial uses where patrons remain in automobiles. (no change) b. Vending machines, except within buildings.(no change) c. Retail uses containing more than 40,000 square feet of floor area per certificate of occupancy. (changed from 30,000 square feet to match Ordinance O-06-1560) City of Colleyville Page 7 Planning and Zoning CommissionAgendaBriefing4c d. Industrial and manufacturing businesses that create noise, vibration or obnoxious odors.(no change) e. Kennels. (no change) f. Terminals or depots for large-scale storageor distribution of goods. (no change) g. Scrap yards for the processing or storage of waste materials. (no change) h. Automotive repair businesses. (no change) i. Telemarketing office with over 20 employees. (no change) j. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. (no change) 4. General Lot Criteria –See Table 1 below: (the only change to the table below involves the deletion of the following note under “Notes”: “2. see Exhibit "F" for additional height and use restrictions for certain areas”. Exhibit “F” has been deleted.) Ì¿¾´» ï Ù»²»®¿´ Ô±¬ Ý®·¬»®·¿ NeighborhoodNeighborhood General Zone (NG)Center Zone (NC) LotMin.Area2,600 s.f.Min. Area2,600 s.f. Max. 5 acresMax. 5 acres Dimensions AreaArea Min. Lot 30%Min. Lot 45% CoverageCoverage Max. Lot 90%Max. Lot 95% CoverageCoverage SetbacksFront0’ min –15’ Front0’ min –15’ max. max. Side0’ min –15’ Side0’ min –15’ max. max. Rear –4’ min.Rear –4’ min. Main Main Bldg.Bldg. Rear –4’Rear –4’ Accy. Accy. Bldg.Bldg. HeightMax. 48 ft. or 3.5 Max. 48 ft. or 3.5 stories HeightstoriesHeight Notes: City of Colleyville Page 8 Planning and Zoning CommissionAgendaBriefing4c 1. the one-half story above third floor shall not exceed 400 s.f. (section 5 –Special Use and Height Conditions was deleted) 6. Building Exteriors -The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, or stucco. (Faux stucco has been deleted as a allowable masonry material) 7. Roofing -If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4’) in height, which shall simulate the look of a pitched roof from street level. If a roof terrace is constructed, then railings may be used which comply with Section (8) Balconies below. (no changes) 8. Balconies -Balcony railings must be constructed with wrought iron or masonry balustrades. (no changes) 9. Building Design Requirements -Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Chapter 6 Building Design of the Colleyville Land Development Code.(no changes) 10.Exterior Building Lighting -Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. (no changes) 11.HVAC Systems -All air-conditioning condenser units must be hidden from street view or placed on the roof. (no changes) 12.Backyard Walls -These shall be constructed 100% masonry materials or wrought- iron fencing. Any gates must be constructed of wrought iron.(no changes) 13.Landscaping –Lots with street frontage within this planned unit development shall, at a minimum, meet the meet the requirements of Chapter Four in the Land Development Code. The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks in the project will have tree planter islands spaced every thirty to thirty-¬five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. A landscaped buffer with natural openingsshall be provided along the entire length of the northern boundary from City Park to Pleasant Run Road, City of Colleyville Page 9 Planning and Zoning CommissionAgendaBriefing4c in lieu of the masonry screening wall. Said landscape buffer shall consist of a row of trees. Trees shall be a minimum of four (4”) caliper, spaced at 25’ intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 –Landscaping and Buffering of the Land Development Code. Fifty percent of said trees shall be Highrise Live Oaks (quercus virginiana). In addition, there shall be a minimum five foot tall wrought iron fence installed along the northern boundary from City Park to Pleasant Run Road, said minimum five foot tall wrought iron fence shall also be installed on top of any retaining wall along the northern boundary line. (The reference to the landscape plan on Exhibit E has been deleted; the landscape buffer requirement between The Village and City Park has been pulled in from Ordinance O-06-1560; the following line has been deleted: “Building site owners shall plant and maintain one approved tree in their backyard.”) 14.Awnings –Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level.(no changes) 15.Architectural Control Committee -The Property Owner’s Association must create an Architectural Control Committee, which shall be funded by the Property Owner’s Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. (no changes) 16.Limitation on Late Night Hours of Operation –Businesses located within this PUD-C shall close not later than 12:00 a.m. on all days except on Saturdays and Sundays, where businesses shall close not later than 2:00 a.m. (language clarified to ensure days are displayed correctly) (as stated above, section 17-Special Use Permit Time Limits was deleted) 17.Dumpster Screening –All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The enclosure and/or building niche shall be constructed of material that matches the building. (language clarifiedto require enclosure materials to match exterior wall materials) 18.Fire Prevention –All buildings within this PUD-C shall be equipped with fire detection and suppression systems as required and approved by the City of Colleyville Fire Marshal. Said systems shall be maintained and inspected as required by the Fire Marshal. (this section was pulled over from Ordinance O-06-1560 with additional requirements that the Fire Marshal preside of maintenance and inspections) Ûò ÛÒÝÎÑßÝØÓÛÒÌÍ ßÒÜ ËÍÛ ÑÚ ÐËÞÔ×Ý Î×ÙØÌóÑÚóÉßÇ (see changes below) City of Colleyville Page 10 Planning and Zoning CommissionAgendaBriefing4c Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain a forty-eight (48”) inch pedestrian right-of-way and complywith all other ADA regulations. (the 24 inch site line requirement was deleted) 1. Encroachments below grade -Approval by the Director of Public Works of a Right-of- way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18”) inches. (Director of Public Services changed to Director of Public Works) 2. Encroachments of architectural features above grade -Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: (no change) ø²± ½¸¿²¹»÷ Right-of-way Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows18 inches with max. 7 foot length, 3 feet min. spacing & one bay window per 15 feet of site frontage Awnings & 80% of sidewalk width, 8 feet clearance over canopies pedestrian area & 14 feet clearance over vehicle area Signs 66% ofsidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area LightsIf the light encroaches 12 inches or less, it may be mounted at any height on the building façade. From 8 feet to 11 feet above grade, one additional inchof encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas, and shall not encroach beyond 48 inches Eaves, cornices From 8 feet to 15 feet above grade, one inch of and balconiesencroachment for each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade City of Colleyville Page 11 Planning and Zoning CommissionAgendaBriefing4c shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet 3. Temporary structures in public right-of-way –The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. (no changes) 4. Outdoor Eating Areas on public sidewalks –The use of a public sidewalk as an outdoor eating area containing more than four tables shall only be permitted with administrative approval of the Community Development Director. (special use permit requirement deleted and replaced with administrative approval by the community development director) Úò ÍËÐÐÔÛÓÛÒÌßÔ ÎÛÏË×ÎÛÓÛÒÌÍ(see changes below) This planned unit development shall comply with the following supplementary requirements: 1. Open Space Requirements -This development shall provide open space areas as shown on the attached Exhibit “C” in lieu of any other open space requirements of the Colleyville Land Development Code. (no changes) 2. Park Land Dedication Fees –Payment of Park Land Dedication Fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non-residential structure or primary single-family dwelling unit. (no changes) 3. Street Right-of-Way Widths –These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. (no changes) 4. Sidewalks –Sidewalks shall be required for all lots in this development. Any new sidewalks constructed shall be a minimum of ten feet inwidth and shall comply with the Americans with Disabilities Act (ADA). (addition of minimum 10 foot sidewalk requirement and ADA requirement) 5. Garages/Accessory Buildings -The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. (nochanges) 6. Advertising Signs –Buildings may contain the following types of signs:(see changes City of Colleyville Page 12 Planning and Zoning CommissionAgendaBriefing4c below) a. Wall Signs -The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. (no changes) b. Projecting Signs -These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. (no changes) c. Awning Signs -Individual letters on awning signs shall not exceed 12 inches in height.(no changes) d. None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings.(no changes) e.Window Signs –Retail uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. (prohibition on internally lit box signs deleted)) f. Grand Opening Signs–When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off-premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. (no changes) g. State Highway 26 Off-Premise Signage –Businesses located within this development may place one temporary sign, as regulated by Chapter 7-Sign Regulations in the Land Development Code, along State Highway 26. Not more than two businesses may place a sign allowed by this section at any one time. The sign must meet all requirements for temporary business signs and may only be placed on private property with the approval of the property owner. (new section) h. Sandwich Board (A-Frame) Signs –One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches (48”) high and thirty-six inches (36”) wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose of this regulation, Sandwich Board signs shall include easels and podiums. (addition of “A-Frame” to match Land Development Code) 7. Street and Alley Design (see changes below) City of Colleyville Page 13 Planning and Zoning CommissionAgendaBriefing4c a. Two-way Street -The cross-section of the typical village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces; anda ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-eight (58) feet wide.(ROW increased from 56 to 58 feet to accommodate 10 foot sidewalk requirement) b. One-way Street -A cross-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ten (10) feet in width. The public right-of-way for a one-way street shall not be less than forty- five (45) feet. (ROW increased from 35 to 45 feet to accommodate 10 foot sidewalk requirement) c. Alley -The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of-way width shall not be less than twenty (20) feet. (no changes) 8.Public Area Landscaping –Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville.(no changes) (Section 9 –Security Fencing and Walls was deleted) Ùò ßÓÛÒ×Ì×ÛÍ (see changes below) 1. Parks and Playgrounds -All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. (no changes) 2. Sidewalk Amenities -Besides the trees and other landscaping, sidewalks may be constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. All amenities shall be maintained by the Village Owner’s Association.(language in first sentence changed from “shall” to “may” after “Besides the trees and other landscaping, sidewalks…”; maintenance requirement of amenities by Village Owner’s Association added) 3. Street Lights -The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. The final location and number shall be determined and approved by the Public Works Director. (addition of determination of number and location to be determined by the Public Works Director) 4. Walking Paths -Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. (no changes) 5. Street Signs –Street signs may be attached on the appropriate buildings at each intersection. The signs, if attached, shall be placed fifteen (15) feet above street level City of Colleyville Page 14 Planning and Zoning CommissionAgendaBriefing4c and shall be front lit with a decorative lighting fixture. The signs shall contain eight- inch letters. (no changes) Øò ÐßÎÕ×ÒÙ ÎÛÏË×ÎÛÓÛÒÌÍ (see changes below) The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: (section 1 deleted and replaced by the existing section 2) 1. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: (no changes) a. Residential Uses –The parking requirements for residential units shall be as follows: (1) Ground floor –when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on-site parking space if the building site contains an ancillary residential unit. (no changes) (2) Upper floor –when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. (no changes) b. Non-Residential Uses (includes work/live units) –The parking requirements for non- residential uses shall be at a ratio of one (1) parking space per 400 squarefeet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. (addition of work/live units to non-residential uses) (section c –parking space records retention deleted) d. Public Parking -Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit “C”. All public parking shall be free of charge. Overnight parking shall be allowed. Any modification to the current configuration of parallel parking shall be approved specifically by site plan approval by the City Council. (section d language replaced with public parking language from Ordinance O-06-1560) City of Colleyville Page 15 Planning and Zoning CommissionAgendaBriefing4c e. 45 degree Angled Public Parking (section e was pulled over from Ordinance O-08- 1680) (1) The following requirements shall only apply to the portion of Main Street located between Village Lane and Pleasant Run Road and shall become effective only upon the realignment of the on-street parking in this area to angled parking from parallel parking. (2) 45 degree angled public on-street parking spaces shall be allowed along both sides of Main Street between Village Lane and Pleasant Run Road. (3) The existing median shall be removed upon the initiation of the parking realignment allowed by this ordinance. Upon removal of the existing median, a decorative median, constructed with brick, stone or an approved surface that resembles brick or stone, shall be installed. The new median shall be flush with the surrounding pavement. The installation, size and location of the decorative median shall require the final approval of the Director of Public Works or the City Manager’s designee. (4) There shall be a minimum unobstructed pavement width of 28 feet maintained on Main Street between Village Lane and Pleasant Run Road. (5) These spaces shall meet the minimum design specifications for parking spaces as stated in Section 3.29.1 –Parking Space Construction Standards in the Land Development Code, except where amended herein. (6) Any existing tree removed within the existing medianas a result of the parking realignment allowed by this ordinance shall require mitigation per the requirements of Chapter 5 –Tree Preservation in the Land Development Code. (7) No parking spaces may be placed such that a vehicle backing out of said space would impede the flow of traffic and/or create a threat to public safety within a street intersection. ×ò ÐÎÑÐÛÎÌÇ ÑÉÒÛÎÍ ßÍÍÑÝ×ßÌ×ÑÒ (no changes) Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lien against that owner's property. Öò Ý×ÌÇñÜÛÊÛÔÑÐÛÎ ßÙÎÛÛÓÛÒÌ (New section) City of Colleyville Page 16 Planning and Zoning CommissionAgendaBriefing4c Not later than one year from the approval date of this ordinance, an amended city/developer agreement shall be approved by the City Council for this development between the City and the “developer” and/or their assigns listed on the current, approved agreement. Said agreement shall, at a minimum, amend and repeal all previous city/developer agreements related to this development by creating a single new agreement. Failure to meet this requirement within the specified time frame shall be considered a violation of the terms of this ordinance. ------------------------------------------------------------------------------------------------- Ó¿¬»® Ð´¿²ò The Colleyville Master Plan designates the future use of this area for commercial land uses. The mixed-use development of the Village at Colleyville project is consistent with the goals of the Master Plan. Í«®®±«²¼·²¹ Ü»ª»´±°³»²¬ Ì®»²¼ò The surrounding properties are single family residential, commercial and municipal park uses. The properties to the north are zoned AG-Agricultural district and R20-Single Family Residential district andare developed as single family residences. The property to the south is zoned CC2-Shopping Center district and is developed as a retail shopping center. Properties to the east are zoned PUD-C-Planned Unit Development Commercial district, CC1-Village Retail district and CN-Neighborhood Commercial district and are developed with office and retail uses along (SH26) Colleyville Boulevard. The property to the west is zoned AG-Agricultural district and is developed as City Park. In the vicinity of the Village at Colleyville, commercial development is expected to continue along Pleasant Run Road and (SH26) Colleyville Boulevard, respectively. Ð®±°»®¬§ Ê¿´«¿¬·±²ò According to the most recent tax rolls of the Tarrant Appraisal District, the valuation of all properties and improvements within the Village at Colleyville totals $41,665,354, which generates $148,245 property tax revenues annually. Ð«¾´·½ Ò±¬·º·½¿¬·±²ò Staff mailed notices to 71 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, staff has received one letter of support and no letters of opposition. The city manager owns property in thisdevelopment and as such the administration of this itemmay be deferred to the assistant city manager where deemed necessary. Î»½±³³»²¼¿¬·±² Approvalwith the conditions as outlined in the proposed ordinance. ß¬¬¿½¸³»²¬ 1.Location and Zoning Map City of Colleyville Page 17 Planning and Zoning CommissionAgendaBriefing4c 2.Notification List 3.Buffer Map 4.Letter of Support 5.Statement of Planning Objectives 6.Zoning Exhibit 7.The Village at Colleyville Ground Floor Residential Analysis -September 2012 8.Ordinance O-99-1141 9.Ordinance O-02-1337.4 10.Ordinance O-06-1560 11.Ordinance O-08-1680 12.Proposed Ordinance City of Colleyville Page 18 Location and Zoning Map Í·¬»æ Ê·´´¿¹» ¿¬ Ý±´´»§ª·´´» ß¼¼·¬·±² Ò±¬·º·½¿¬·±² Ô·¬ ÑÉÒÛÎ ÑÉÒÛÎ Í×ÌËÍ ßÜÜÎÛÍÍ ÑÉÒÛÎ ÒßÓÛÑÉÒÛÎ ßÜÜÎÛÍÍÑÉÒÛÎ Ý×ÌÇ ÍÌßÌÛÆ×Ð ëÕ Ð®±°»®¬·» Ô´°ÐÑ Þ±¨ ïêðîÝ±´´»§ª·´´» ÌÈéêðíìççÓ¿·² Í¬ ß®½¸·»ô Ö¿³» ×× Û¬«¨ Ô±®·éì Ý¿¿ Ô²Ý±´´»§ª·´´» ÌÈéêðíìéìÝ¿¿ Ô² ý îïð ß¬©±±¼ô Í¬»ª» Û¬«¨ Ü¿©²íì Ð·¿¦¦¿ Ô² ý íéÝ±´´»§ª·´´» ÌÈéêðíìíìÐ·¿¦¦¿ Ô² ý íé Þ¿²µô Ö¿³» Û¬«¨ Ö«´·¿éïë Ý»²¬®¿´ Ü®Ý±´´»§ª·´´» ÌÈéêðíìéïëÝ»²¬®¿´ Ü® Þ»¿³ Î»¿´ Û¬¿¬» Ô´½ïììëë É»¾¾ Ý¸¿°»´ Î¼Ú¿®³»® Þ®¿²½¸ 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Ü»²²· Û¬«¨ ß¼®·¿²²»èê Ý¿¿ Ô²Ý±´´»§ª·´´» ÌÈéêðíìèêÝ¿¿ Ô² ý íïð É·²½¸»¬»®ô Ò¿¬¿´·»îìðë Õ·²²»§ Î¼òß«¬·² ÌÈéèéðìíî Ê»®¿²¼¿ Ô² ý ïïð ÇîÕ·¬½¸»² Ð®±°»®¬·» Ô´½ìëðð Ü¿®¬³±±®» Ô²Ý±´´»§ª·´´» ÌÈéêðíìëððíÝ±´´»§ª·´´» Þ´ª¼ Ç±«²¹ô Ý¿¬¸»®·²» Í«» Û¬èïï Ý»²¬®¿´ Ü®Ý±´´»§ª·´´» ÌÈéêðíìèïïÝ»²¬®¿´ Ü® Æ»´´¿ Ý¿°·¬¿´ ÔÔÝëîë Òò Í¿³ Ø±«¬±² Ðµ©§ò ÛòØ±«¬±² ÌÈééðêðêîÓ¿·² Í¬ ¿°°´·½¿²¬ Üò Ôò Í·´ª»®³¿²ïìèðï Ï«±®«³ Ü®·ª»Ü¿´´¿ ÌÈéëîëì Ð«¾´·½ ¸»¿®·²¹ ²±¬·½» ©»®» ³¿·´»¼ ±² Ì«»¼¿§ô Í»°¬ò ïïô îðïî ¾§ ß³§ Í¸»´´»§ Buffer Map Ô»¬¬»® ±º Í«°°±®¬ Í¬¿¬»³»²¬ ±º Ð´¿²²·²¹ Ñ¾¶»½¬·ª» Æ±²·²¹ Û¨¸·¾·¬ ORDINANCEO-12-xxxx 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 O-99-1141, O-02-1337.4, O-06-1560 AND O-08-1680; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 26ACRESIN THE VILLAGE AT COLLEYVILLE ADDITION ANDLOTS 3A AND 3B, BLOCK 1, VILLAGE FRONT DOORADDITION, FROM THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONINGDISTRICT; 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. ZC12-022; and WHEREAS,Ordinances O-99-1141, O-02-1337.4, O-06-1560 and O-08- 1680are 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 considerationto, among other things, the character of the Ordinance O-12-xxxx Page 2of 20 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 theproperty 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 amendedby changing the zoning on 26 acres in the Village at Colleyville Addition andLots 3a and 3b, Block 1, Village Front DoorAddition, from the PUD-C-Planned Unit Development Commercial Zoning District to the PUD-C-Planned Unit Development Commercial Zoning District, asdepictedin 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.THATOrdinances O-99-1141, O-02-1337.4, O-06-1560 and O-08- 1680 are hereby repealed in their entirety. Ordinance O-12-xxxx Page 3of 20 Sec. 5.THAT the above described tract of land shall be subject to the following conditions: A. PURPOSE The purpose of this planned unit development is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. PUD BOUNDARIES The propertiesshown on the attached Zoning Exhibit “A” are zoned PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas and are hereby amended by the terms of this ordinance. C. NEIGHBORHOOD AREAS This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit “B”. The neighborhood areas and their symbol designations are described as follows: Neighborhood Center–The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters “NC”. Neighborhood General-The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters “NG”. Ordinance O-12-xxxx Page 4of 20 D. DEVELOPMENT STANDARDS Buildings or structures containing any combination of single- family residences and business use listed herein shall be allowed in accordance with the following Development Standards: 1. Permitted Uses–the following permitted uses shall be within this plannedunit development: allowed a.Single-family Residences:Residential units may be either detached or attached, but not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 squarefeet. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of22% of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. (2) NG Area: A maximum of 64% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (3) A maximum of 48% of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building. (4) Work/Live Units:Awork/liveunit is defined as a single unit consisting of both a commercial/office and a residential component that is occupiedby the same resident. The work/liveunit shall be the primary dwelling of the occupant. Provided compliance with sections 1 through 3 above are met, all lots within this development may contain a work/live unit. Work areas are encouraged to be placed on the ground floor while the living area is encouraged to be placed on Ordinance O-12-xxxx Page 5of 20 upper floor above the work unit. (5) Multifamily Units: any building and/or lot that contains more than two residential units may only be approved upon the approval of a Special Use Permit by the City Council. (6)All residential units shall have a minimum of 1,000 square feet of climate controlled area per residence.The method of calculating the square footage of a residential unit within this PUD-C shall not include floor areas used as common area hallways and stairwells, but shall include the climate controlled space of the dwelling unit. b. Retail:Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service:Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club/fitness center, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. d. Food andLodging:Boutiquehotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. e.Entertainment:Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs. f. Office:Business offices including, but not limited to, software design firms, business consulting, security and Ordinance O-12-xxxx Page 6of 20 commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. g.Educational:Private schools, and day-care centers. h.Mixed-use:buildings or structures containing any combination of single-family residences and other uses listed herein. i.Public/Semi-public:Buildings or structures owned or operated by the City of Colleyville or The Village Owner’s Association. Semi-public uses such as a neighborhood center, pool and related recreational facilities. The lots bounded by Cottage Lane, Village Lane, VerandaLane and Main Street may be used, either all or in part,as a public plaza including the installation of permanent public amenities such as a fountainand seating area. The purpose of the plaza would be for public gatherings and events. j. Parking lots. k.Accessory buildings or uses as defined herein. l.Any use of a nature similar to the above when granted a Special Use Permit by the Colleyville City Council. m.Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. n.Outdoor seating areas for food, lodging or entertainment uses. q.Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements, and cellars. 2.Permitted Uses with a Special Use Permit–The following uses may be permitted upon approval of a Special Use Ordinance O-12-xxxx Page 7of 20 Permit by the City Council as provided in the Land Development Codeof the City of Colleyville: a.Food trucks, including outside sales of cooked food and other items not listed in Section E.1 Permitted Uses. b.Automobile Sales (Business may store no more than two new vehicles outside in a public parking lot.). c.Television and appliance repair service shop. d.Club, lodge or other fraternal organizations. e.Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a streetwithin the Neighborhood Central (NC) zone shall be allowed only with the approval of a Special Use Permit. f.Alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use. g.Alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store. h.Package (liquor) stores i.Wedding chapel j.Multifamily structures as described in Section 1(5). 3.Prohibited Uses–The following uses shall be prohibited within this planned unit development: a.Drive-through commercial uses where patrons remain in automobiles. b.Vending machines, except within buildings. c.Retail uses containing more than 40,000 square feet of floor area per certificate of occupancy. Ordinance O-12-xxxx Page 8of 20 d.Industrial and manufacturing businesses that create noise, vibration or obnoxious odors. e.Kennels. f.Terminals or depots for large-scale storage or distribution of goods. g.Scrap yards for the processing or storage of waste materials. h.Automotive repair businesses. i.Telemarketing office with over 20 employees. j.Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. 4.General Lot Criteria–See Table 1 below: Table 1 General Lot Criteria NeighborhoodNeighborhood General Zone (NG)Center Zone (NC) LotMin.Area2,600 s.f.Min. Area2,600 s.f. Dimensions Max. Area5 acresMax. Area5 acres Min. Lot 30%Min. Lot 45% CoverageCoverage Max. Lot 90%Max. Lot 95% CoverageCoverage SetbacksFront0’ min –15’ Front0’ min –15’ max. max. Side0’ min –15’ Side0’ min –15’ max. max. Rear –4’ min.Rear –4’ min. Main Bldg.Main Bldg. Rear –4’Rear –4’ Accy. Accy. Bldg. Bldg. HeightMax. 48 ft. or 3.5 Max. 48 ft. or 3.5 stories HeightstoriesHeight Notes: 1. the one-half story above third floor shall not exceed 400 s.f. 6.Building Exteriors-The exposed exterior walls of each Ordinance O-12-xxxx Page 9of 20 building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, or stucco. 7.Roofing-If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof atleast four feet (4’) in height, which shall simulate the look of a pitched roof from street level. If a roof terrace is constructed, then railings may be usedwhich comply with Section (8) Balconiesbelow. 8.Balconies-Balcony railings must be constructed with wrought iron or masonry balustrades. 9.Building Design Requirements-Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Chapter 6 Building Design of the Colleyville Land Development Code. 10.Exterior Building Lighting-Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. 11.HVAC Systems-All air-conditioning condenser units must be hidden from street view or placed on the roof. 12.Backyard Walls-These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 13.Landscaping–Lots with street frontage withinthis planned unit development shall, at a minimum,meet the meet the requirements of Chapter Four in the Land Development Code.The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting Ordinance O-12-xxxx Page 10of 20 area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees.A landscaped buffer with natural openings shall be provided along the entire length of the northern boundary from City Park to Pleasant Run Road, in lieu of the masonry screening wall. Said landscape buffer shall consist of a row of trees. Trees shall be a minimum of four (4”) caliper, spaced at 25’ intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 –Landscaping and Bufferingof the Land Development Code. Fifty percent of said trees shall be Highrise Live Oaks (quercus virginiana). In addition, there shall be a minimum five foot tall wrought iron fence installed along the northern boundary from City Park to Pleasant Run Road, said minimum five foot tall wrought iron fence shall also be installed on top of any retaining wall along the northern boundary line. 14.Awnings–Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 15.Architectural Control Committee-The Property Owner’s Association must create an Architectural Control Committee, which shall be funded by the Property Owner’s Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. 16.Limitation on Late Night Hours of Operation–Businesses located within this PUD-C shall close not later than 12:00 a.m. on all days except on Saturdaysand Sundays, where businesses shall close not later than 2:00 a.m. 17.Dumpster Screening–All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the Ordinance O-12-xxxx Page 11of 20 top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The enclosure and/or building niche shall be constructed of material that matches thebuilding. 18.Fire Prevention–All buildings within thisPUD-C shall be equipped with fire detection and suppression systemsas by the City of Colleyville Fire requiredand approved Marshal.Said systems shall be maintained and inspected as required by the Fire Marshal. E.ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of- way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures,must maintain a forty-eight (48”) inchpedestrian right-of-way and comply with all other ADA regulations. 1.Encroachments below grade -Approval by the Director of Public Worksof a Right-of-way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18”) inches. 2.Encroachments of architectural features above grade - Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: Right-of-way Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows18 inches with max. 7 foot length, 3 feet min. spacing & one bay window per 15 feet of site frontage Awnings & 80% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle canopies Ordinance O-12-xxxx Page 12of 20 area Signs 66% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area LightsIf the light encroaches 12 inches or less, it may be mounted at any height on the building façade. From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas, and shall not encroach beyond 48 inches Eaves, cornices From 8 feet to 15 feet above grade, one inch of and balconiesencroachment for each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet 3.Temporary structures in public right-of-way –The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks –The use of a public sidewalk as an outdoor eating area containing more than four tablesshall only be permitted with adminstrativeapproval of the Community Development Director. F. SUPPLEMENTALREQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1.Open Space Requirements -This development shall provide open space areas as shown on the attached Exhibit “C” in lieu of any other open space requirements of the Colleyville Land Development Code. 2.Park Land Dedication Fees –Payment of Park Land Dedication Fees at the rate applicableat the time of Ordinance O-12-xxxx Page 13of 20 building permit shall be due and payable when a building permit is issued for each non-residential structure or primary single-family dwelling unit. 3.Street Right-of-Way Widths–These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. 4.Sidewalks–Sidewalks shall be required for all lots in this development. Any new sidewalks constructed shall be a minimum of ten feet in widthand shall comply with the Americans with Disabilities Act. 5.Garages/Accessory Buildings-The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. 6.Advertising Signs–Buildings may contain the following types of signs: a.Wall Signs -The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. b.Projecting Signs -These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c.Awning Signs -Individual letters on awning signs shall not exceed 12 inches in height. d.None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. e.Window Signs –Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any Ordinance O-12-xxxx Page 14of 20 business shall be limited to a maximum of two window signs. Internally lit box signs shall not be permitted. f.Grand Opening Signs –When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off-premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. g.State Highway 26 Off-Premise Signage –Businesses located within this development may place one temporary sign, as regulated by Chapter 7-Sign Regulations in the Land Development Code, along State Highway 26. Not more than two businesses may place a sign allowed by this section at any one time. The sign must meet all requirements for temporary business signs and may only be placed on private property with the approval of the property owner. h. Sandwich Board (A-Frame) Signs –One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches (48”) high and thirty-six inches (36”) wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose of this regulation, Sandwich Board signs shall include easels and podiums. 7.Street and Alley Design a.Two-way Street -The cross-section of the typical Ordinance O-12-xxxx Page 15of 20 village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces;and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-eight(58) feet wide. b.One-way Street -A cross-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ten (10) feet in width. The public right-of-way for a one-way street shallnot be less than forty-five (45) feet. c.Alley -The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of-way width shall not be less than twenty (20) feet. 8.Public Area Landscaping–Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville. G. AMENITIES 1.Parks and Playgrounds-All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. 2.Sidewalk Amenities-Besides the trees and other landscaping, sidewalks maybe constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains.All amenities shall be maintained by the Village Owner’s Association. 3.Street Lights-The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings.The final location and number shall be determined and approved by the Public Works Director. 4.Walking Paths-Certain paths in front of some lots and Ordinance O-12-xxxx Page 16of 20 building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5.Street Signs–Street signs maybe attached on the appropriate buildings at each intersection. The signs, if attached,shall be placed fifteen (15) feet above street level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. H. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: 1. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses–The parking requirements for residential units shall be as follows: (1) Ground floor –when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on-site parking space if the building site contains an ancillary residential unit. (2) Upper floor –when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs Ordinance O-12-xxxx Page 17of 20 for any other residence or use within the planned unit development. b.Non-Residential Uses(includes work/live units)–The parking requirements for non-residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. d.Public Parking-Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit “C”. All public parking shall be free of charge. Overnight parking shall be allowed. Any modification to the current configuration of parallel parking shall be approved specifically by site plan approval by the City Council. e. 45 degree Angled Public Parking (1)The following requirements shall only apply to the portion of Main Street located between Village Lane and Pleasant Run Road and shall become effective only upon the realignment of the on-street parking in this area to angled parking from parallel parking. (2)45 degree angled public on-street parking spaces shall be allowed along both sides of Main Street between Village Lane and Pleasant Run Road. (3)The existing median shall be removed upon the initiation of the parking realignment allowed by this ordinance. Upon removal of the existing median, a decorative median, constructed with brick, stone or an approved surface that resembles brick or stone, shall be installed. The new medianshall be flush with the surrounding pavement. The installation, size and location of the decorative median shall require the final approval of the Director of Public Works or the City Ordinance O-12-xxxx Page 18of 20 Manager’s designee. (4)There shall be a minimum unobstructed pavement width of 28 feet maintained on Main Street between Village Lane and Pleasant Run Road. (5)These spaces shall meet the minimum design specifications for parking spaces as stated in Section 3.29.1 –Parking Space Construction Standards in the Land Development Code, except where amended herein. (6)Any existing tree removed within the existing median as a result of the parking realignment allowed by this ordinance shall require mitigation per the requirements of Chapter 5 –Tree Preservation in the Land Development Code. (7)No parking spaces may be placed such that a vehicle backing out of said space would impede the flow of traffic and/or create a threat to public safety within a street intersection. I. PROPERTY OWNERS ASSOCIATION Each property ownerin the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architecturalcontrol and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lienagainst that owner's property. J.CITY/DEVELOPER AGREEMENT Not later than one year from the approval date of this ordinance, an amended city/developer agreement shall be approved by the City Council for this developmentbetween the City and the “developer” and/or their assigns listed on the current, approved agreement. Said agreement shall, at a minimum, amend and repeal all previous city/developer Ordinance O-12-xxxx Page 19of 20 agreements related to this development by creating a single new agreement. Failure to meet this requirement within the specified time frame shall be considered a violationof the terms of this ordinance. Ordinance O-12-xxxx Page 20of 20 THAT any person, firm or corporation violating any of the Sec. 6. 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 ifany 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 inaddition 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. th The first reading and public hearing being conducted on the 16day of October2012. th The second reading and public hearing being conducted on the 5day of November 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the________ day of _________________________ 2012. ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMCDavid Kelly City SecretaryMayor Ordinance O-12-xxxx Page 21of 20 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. 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