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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/22/2012Ý·¬§ ±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, October 22, 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»® Ð¸»´° ÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ ïò ßÐÐÎÑÊßÔ ÑÚ Ó×ÒËÌÛÍ September 24, 2012 îò ÎÛÝÑÙÒ×Ì×ÑÒ ÑÚ ÑËÌÙÑ×ÒÙ ÓÛÓÞÛÎ Ron Rotthaus, Place 1 íò ÍÉÛßÎ×ÒÙ ×Ò ÑÚ ÒÛÉÔÇ ßÐÐÑ×ÒÌÛÜ ÓÛÓÞÛÎÍ Jim Gotcher, Place 1 Jeff Byerly, Place 2 David Wheelwright, Place 3 David Phelps, Place 4 City of Colleyville Page 1 Planning and Zoning Commission AgendaOctober 22, 2012 ìò ÛÔÛÝÌ×ÑÒ ÑÚ ÑÚÚ×ÝÛÎÍ Chairman Vice-Chairman Recording Secretary ëò ßÐÐÑ×ÒÌÓÛÒÌ ÌÑ ÌØÛ ÐßÎÕÔßÒÜ ÜÛÜ×ÝßÌ×ÑÒ ÝÑÓÓ×ÌÌÛÛ Current Committee Member Place to Fill Includes: Ron Rotthaus êò Ý×Ì×ÆÛÒ ÝÑÓÓÛÒÌÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ ÎÛÙßÎÜ×ÒÙ ×ÌÛÓÍ ÒÑÌ ÑÒ ÌØÛ ßÙÛÒÜß éò ÎÛÙËÔßÎ ßÙÛÒÜß ×ÌÛÓÍ é¿Consideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of the Lawler Addition located at 509 Black Drive, Case GC12-016 é¾Approval of a Preliminary Plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-013 é½Approval ofa request for a minor plat for 10.3 acres on Tracts 1A1D, 1A5, and 1B4, of Abstract 1182, of the W.C. Newton Survey located at 816 W. L. D. Lockett Road, Case PC12-014 èò ÐËÞÔ×Ý ØÛßÎ×ÒÙ ßÙÛÒÜß ×ÌÛÓÍ è¿Consideration of a replat on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case PC12-011 è¾Consideration of a request fora Special Use Permit for a carport on Lot 1A, Block 1, of the MeadowlakeAddition located at 1117 W. LD Lockett Road, Case ZC12-024 çò ÝÑÒÌ×ÒËÛÜ ÐËÞÔ×Ý ØÛßÎ×ÒÙ ßÙÛÒÜß ×ÌÛÓ ç¿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 City of Colleyville Page 2 Planning and Zoning Commission AgendaOctober 22, 2012 ïðò ßÜÖÑËÎÒÓÛÒÌ I hereby certify thisagenda was posted on City Hallbulletin boardsOctober 19, 2012by 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 3 Ý·¬§ ±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 Ó·²«¬» Monday, September 24, 2012City Council Chambers Ý¿´´ Ó»»¬·²¹ ¬± Ñ®¼»® The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 24, 2012 at 7:10p.m. Î±´´ Ý¿´´ Ð®»»²¬æ CommissionersLarry Knox, David Dudziak, David Wheelwright, Ron Rotthaus, Don Davis, David Phelps, and Jeff Byerly Í¬¿ºº Ð®»»²¬æ Ron Ruthven, Amy Shelley, Marty Wieder, Jeremy Hutt, Rob McKeown and Kim Roby ×²ª±½¿¬·±² The invocation was given by CommissionerByerly. ïò ßÐÐÎÑÊßÔ ÑÚ Ó×ÒËÌÛÍ Ý±³³··±²»® Ü¿ª· ³±ª»¼ ¬± ¿°°®±ª» ¬¸» Í»°¬»³¾»® ïðô îðïî ³»»¬·²¹ ³·²«¬» ¿ ©®·¬¬»²ò Ý±³³··±²»® Ð¸»´° »½±²¼»¼ò Ì¸» ³±¬·±² ¬± ¿°°®±ª» ½¿®®·»¼ ©·¬¸ ¬¸» º±´´±©·²¹ ª±¬»æ ß§»æ é Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly îò Ý×Ì×ÆÛÒ ÝÑÓÓÛÒÌÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ ÎÛÙßÎÜ×ÒÙ ×ÌÛÓÍ ÒÑÌ ÑÒ ÌØÛ ßÙÛÒÜß There were no citizen comments/presentations regarding items not on the agenda. 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 Amy Shelley presented the case and briefed the Commissioners. City of Colleyville Page 1 City CouncilMinutesSeptember 24, 2012 Michele Young, the applicant and property owner, was present but did not wish to add anything to staff’s presentation. Ý±³³··±²»® É¸»»´©®·¹¸¬ ³±ª»¼ ¬± ¿°°®±ª» ½¿» ÐÝïîóðïîò Ý±³³··±²»® Õ²±¨ »½±²¼»¼ò Ì¸» ³±¬·±² ¬± ¿°°®±ª» ½¿®®·»¼ ©·¬¸ ¬¸» º±´´±©·²¹ ª±¬»æ ß§»æ é Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly 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 Amy Shelley presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the building lot line. Ron Ruthven explained the lot line location using the plat exhibit. Commissioner Byerly opened the public hearing at 7:21p.m. Steve Pence, property owner at 5601 Montclairand 2104 Ruth Road, and Don Enty, property owner at 5513 Montclair, presented the case and briefed the Commissioners. Commissioner Byerly questioned Mr. Pence regarding the waiver to the front setback. Mr. Pence explained that currently the setback is 25 feet however they would like a 30 foot setback so that they may build onto their house in the future and a 30 foot setback would be sufficient. There being no one wishing to speak, the public hearing was closed at 7:23 p.m. Ý±³³··±²»® Ð¸»´°³±ª»¼ ¬± ¿°°®±ª» ½¿» ÐÝïîóððèò Ý±³³··±²»® É¸»»´©®·¹¸¬ »½±²¼»¼ò Ì¸» ³±¬·±² ¬± ¿°°®±ª» ½¿®®·»¼ ©·¬¸ ¬¸» º±´´±©·²¹ ª±¬»æ ß§»æ é Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly 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 City of Colleyville Page 2 City CouncilMinutesSeptember 24, 2012 Ron Ruthvenpresented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if any waivers are being requested. Ron Ruthven replied no. Commissioner Byerly opened the public hearing at 7:26p.m. Rob Paul, the applicant and property owner, presented the case and briefed the Commissioners. Kristine Vest, 120 Muir Lane, spoke in opposition to this request with concerns for traffic. David Hager, 6812 Whittier Lane, spoke in support of this request and stated that over 80 percent of the homeowners have accepted this request. Brian Reed, 6712 Whittier Lane, spoke in support of this request. Don Albrecht, 533 Haverhill Lane, spoke in support of this request. There were four persons who registered their support for this request but did not wish to speak. There being no one wishing to speak, the public hearing was closed at 7:37 p.m. Commissioner Dudziak questioned Mr. Paul regarding who will control the access or distribution of the clicker devises for the emergency access gate. Mr. Paul replied that he personally will control who will receive the clicker devises. Mr. Paul further explained that there will only be three devises that will be distributed for access since it is not intended for all employees of Toll Brothers. Commissioner Wheelwright regarding what is the timeline for the sell out of the properties so that the gate will return to an emergency access gate only. Mr. Paul replied that it is solely dependent on the market. He further explained that once the lots in the Reserve aresold, the gate will return to an emergency access gate only. Commissioner Phelps questioned staff regarding the plat and it does not include the waiver request to the gate option. Ron Ruthven replied yes, the replat is being considered by the Commissiontonight and that City Council will address the waiver request to the emergency access gate. Commissioner Dudziak questioned Mr. Paul regarding the sidewalk. Kevin City of Colleyville Page 3 City CouncilMinutesSeptember 24, 2012 Kessler, Jacobs Engineering, came forward to explain the location of the sidewalk and stated that it will be outside the access easement. Mr. Paul stated the sidewalk will be a six foot in width for connection with the sidewalks in the Reserve development. Ý±³³··±²»® Ð¸»´°³±ª»¼ ¬± ¿°°®±ª» ½¿» ÐÝïîóðïðò Ý±³³··±²»® Ü¿ª·»½±²¼»¼ò Ì¸» ³±¬·±² ¬± ¿°°®±ª» ½¿®®·»¼ ©·¬¸ ¬¸» º±´´±©·²¹ ª±¬»æ ß§»æ é Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly ì½Approval 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 Ron Ruthvenpresented the caseand briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:56 p.m. HelmutLandwehr,the applicant and property owner, presented the case and briefed the Commissioners. Commissioner Dudziak questioned Mr. Landwehr regarding if there will be one or multiple builders. Mr. Landwehr replied that he did not know at this time but that they will include builders who will comply with architectural standards for the Village. Commissioner Dudziak questioned Mr. Landwehr regarding if he will be the developer of the project or if it will be Realty Capital. Mr. Landwehr replied that it appears that the City will be working on a new City Developer Agreement with Realty Capital and that no, they will not be the primary developer. Commissioner Dudziak questioned Mr. Landwehr regarding if Realty Capital will be coming forward with further amendments to this particular ordinance or will the City be working with you. Mr. Landwehr replied that Realty Capital will still own a few lots on Main Street. He further stated that Realty Capital does have some concerns for the Special Use Permit request therefore they may be coming back with an amendment to that aspect of the ordinance. Commissioner Dudziak questioned Mr. Landwehr regarding the statement of planning objectives from Don Silverman, included in the packet, will they be City of Colleyville Page 4 City CouncilMinutesSeptember 24, 2012 able to comply with the 120 day time period for building. Mr. Landwehr replied that they have an interest with various builders for this project but that they have not contracted with anyone yet. He further explained that townhouse owners have difficulties in financing since they are not approved for Fanny Mae or Freddie Mack services. He stated the amendment to the zoning had to take place first before the builders will commit. Commissioner Dudziak questioned Mr. Landwehr regarding what drives the first floor development. Mr. Landwehr replied that there is a market for townhouses if they are in the right price range and that substantial retail is not in the market for the first floor areas. Commissioner Phelps questioned Mr. Landwehr regarding the properties located on the zoning exhibit provided. Mr. Landwehr explained that they will own those properties. Commissioner Phelps questioned Mr. Landwehr regarding if all of these lots are being considered for town homes. Mr. Landwehr replied yes, all are being considered for townhouses. Commissioner Phelps questioned Mr. Landwehr regarding what is the current percentage for residential. Mr. Landwehr replied that he did not know the exact percentages but that they need more townhouses for the Village to be successful. Commissioner Byerly stated that it appears that more residential is being requested than commercial. Mr. Landwehr replied that is exactly correct and furtherexplained that the developer wanted more commercial, in the beginning, however the development is not leaning that way.He stated that the local retailers are going away, all over the nation. He further explained that there are retailers who are destination places like the jeweler. Commissioner Dudziak questioned Mr. Landwehr regarding if the density is high enough to make this project work. Mr. Landwehr stated that he understands Main Street will have the most retail and maybe residences above but townhouses will need to be built on the remaining, open lots. He stated building townhouses on Main Street is not a good idea. He stated that the proposed amendment will work. Commissioner Dudziak concurred with Mr. Landwehr regarding the Village is a residential project not a commercial project. He stated he would like to see more residential to increase the foot traffic to help increase the commercial retailers. Commissioner Wheelwright questioned Mr. Landwehr regarding his concern City of Colleyville Page 5 City CouncilMinutesSeptember 24, 2012 for the SUP requirement. Mr. Landwehr replied that he understands that the City wants to have control over multifamily however, it puts more restrictions on the developer, Realty Capital, than before the amendment. He stated that they prefer to be free to develop and not have to come back and ask for permission to develop. There were five persons who registered their support for this request but did not wish to speak. There being no one wishing to speak, the public hearing was closed at 8:18 p.m. Commissioner Phelps questioned staff regarding that one of the areas in the public plaza area includes a residential lot, is that a known factor? Ron Ruthven explained that the public plaza use is just another permissible use. Commissioner Phelps questioned staff regarding if the public plaza use is specifically for that area or could it be applied to anywhere in the Village. Ron Ruthven explained that this area is centered within the Village. Commissioner Phelps stated he would rather that area not be restricted for the public plaza especially if it were to be developed as townhomes. He stated there may be other options. Ron Ruthven explained that the area was designated because the layout of the streets make it easier for the closing of those streets and still have emergency access. Commissioner Byerly questioned staff regarding the SUP requirement for the multifamily component. He stated that the Village was developed for commercial retailers on the bottom with the other levels being residential. He questioned why phase thiscomponent out now if we can still achieve that instead of coming back for an SUP. Ron Ruthven explained that the SUP requirement was placed in the amending ordinance to eliminate the need to have to amend the ordinance each time the developer wanted to add more residential. He further explained the 2006 ordinance and its requirements. Commissioner Byerly questioned staff regarding when an SUP would be required with this amendment. Ron Ruthven replied that residential would be allowed on the ground and second floor levels but to add a third level of residential would require an SUP. Commissioner Byerly stated that multifamily is more than two. Ron Ruthven concurred. Commissioner Dudziak stated he would rather a builder know that he could come in now and build a three story multifamily structure without having to City of Colleyville Page 6 City CouncilMinutesSeptember 24, 2012 get an SUP. He suggested that the requirement be removed. Commissioner Byerly questioned Mr. Landwehr regarding if there will be a single townhome on eachlot. Mr. Landwehr replied yes, one lot, one townhouse, and one resident. He stated that they have to ensure a valid product for future homeowners. Commissioner Dudziak questioned Mr. Landwehr regarding how the density is going to be increased to a sufficient level to ensure the commercialsuccess of the Village without having multi-level residences. Mr. Landwehr replied that they are adding 37 townhouses therefore they are hoping to increase the residences to 100 (if at least 3 persons live in each townhome) so that a coffee shop or restaurant could survive once the Village is completed. Commissioner Dudziak explained that he thought there would be multi-level townhomes. He stated that a builder could gain more by building three townhomes on one lot versus only one townhome. Mr. Landwehr replied that they did not think so. He explained he has discussed the topic with various builders and they stated that the size of the residences should be no more than 3,000 square feet with a price of $300,000 to $400,000 each. He further stated thatit does not make sense to split the townhome into three, 1,000 square foot units and sell them for $100,000 to $120,000. He explained that he felt it would jeopardize the product. Commissioner Phelps questioned Mr. Landwehr regarding if there will be one building for the townhomes or will they be detached and separated by the parcel. Mr. Landwehr replied that the builders have explained to him that the market is dictating detached townhomes. Commissioner Phelps questioned Mr. Landwehr regarding the SUPfor multi- units. He stated that this requirement does not seem to come into play with what has been described with detached, single unit townhomes. Mr. Landwehr concurred and stated that the SUP requirement could come into play in the future once the Village is totally developed. Commissioner Phelps stated that the SUP requirement would actually protect the type of development that has been described this evening. Mr. Landwehr concurred. Commissioner Dudziak questioned staff regarding if one SUP would be required if multiple lots are joined together or would each lot need its own SUP? Ron Ruthven replied that one SUP could cover multiple lots. Commissioner Phelps questioned staff regarding if it is multiple residential units per lot or per development. Ron Ruthven explained that it is per lot. City of Colleyville Page 7 City CouncilMinutesSeptember 24, 2012 Commissioner Wheelwright stated that for a single lot townhome development, the SUP would not apply. Ron Ruthven concurred. Commissioner Phelps questioned staff regarding if all of the properties, subject to this request, are developed, what will be left in the Village to be developed as residential, given the two separate zones. Ron Ruthven replied based on the proposal, in terms of ground floor, based on all the sites in the Village, it will allow 77 out of 160 for residential. He further explained that the other remaining units would have to have commercial on the ground floor. Commissioner Wheelwright stated he likes the amendments requested by the developer. He stated he liked the letter of support included in the packet. Ý±³³··±²»® É¸»»´©®·¹¸¬ ³±ª»¼ ¬± ¿°°®±ª» ½¿» ÆÝïîóðîî ¿ ©®·¬¬»²ò Ý±³³··±²»® Ü¿ª· »½±²¼»¼ò Commissioner Dudziak stated that he hopes that the builders will put more residential in the Village, more density with some lower price points. He stated he would like to make a friendly amendment to remove the auto sales from the ordinance. He stated he would like the SUP requirement to be removed. Commissioner Byerly concurred and stated he would like to hear from the other property owners in the Village, such as Realty Capital therefore he would like to continue this public hearing. He would like the SUP to be eliminated; a blanket alcohol SUP; flexibility to increase the density for residential; eliminate the townhome units along the bottom floor along Village Lane, leading into the new Neighborhood Market. He stated that there are some issues that staff and the developer need time to evaluate. Commissioner Phelps stated that there are some items that need to be reworked in theamendment. He reminded the Commissioners regarding the next meeting is not until October 22, therefore the applicant may be under some time constraints. Commissioner Byerly stated that some other participants, especially the other developers from the Village, are not present and will need to be present at the next meeting to discuss some of these issues. Ì¸» ³±¬·±² ¬± ¿°°®±ª» º¿·´»¼ ©·¬¸ ¬¸» º±´´±©·²¹ ª±¬»æ ß§»æ î Wheelwright, Davis Ò¿§æ ë Knox, Dudziak, Rotthaus, Phelps and Byerly City of Colleyville Page 8 City CouncilMinutesSeptember 24, 2012 Ý±³³··±²»® Þ§»®´§ ³±ª»¼ ¬± ½±²¬·²«» ¬¸· ·¬»³ ¿²¼ ®»±°»² ¬¸» °«¾´·½ ¸»¿®·²¹ ¿¬ ¬¸» Ñ½¬±¾»® îîô îðïî ³»»¬·²¹ò Ý±³³··±²»® Ü«¼¦·¿µ »½±²¼»¼ò Commissioner Wheelwright stated that based on the developer, present tonight, the SUP is not something that will apply to their request. He concurred with the blanket SUP for alcohol and the removal for the auto sales. Commissioner Byerly stated that there are elements from the 2006 ordinance that should be incorporated within this ordinance. Ron Ruthven stated that staff can reword the amending ordinance to include some of the 2006 ordinance. Ì¸» ³±¬·±² ¬± ½±²¬·²«» ¬¸· ·¬»³ ©¿ ¿°°®±ª»¼ ©·¬¸ ¬¸» º±´´±©·²¹ ª±¬»æ ß§»æ ë Knox, Dudziak, Rotthaus, Phelps and Byerly Ò¿§æ î Wheelwright, Davis Commissioners Dudziak and Byerly thanked Commissioner Rotthaus for his time and service on the Commission. ëò ßÜÖÑËÎÒÓÛÒÌ The meeting adjourned at 9:00 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved on xxxxby a vote of xxxx. City of Colleyville Page 9 Location and Zoning Map Îîð Îìð ÝÝï Í·¬» Îìð Îìð ÝÝï ß»®·¿´ ß°°´·½¿²¬ù Î»¯«»¬ ß°°®±ª»¼ Ô¿©´»® ß¼¼·¬·±² Ð´¿¬ Supplemental Sidewalk System Map úÐÛÙÑøÊÓÆ× Ô±½¿¬·±² ¿²¼ Æ±²·²¹ Ó¿° Aerial Looking North Í«¾¶»½¬ Ð®±°»®¬§ Ð´¿¬ Û¨¸·¾·¬ Ð®±°±»¼ Ý«´ó¼»óÍ¿½ Û¨¸·¾·¬ Location and Zoning Map Îìð Îîð Í·¬» ÐËÜÝ ÐËÜÎ Îîð Îìð Aerial Looking North Í·¬» Ð´¿¬ Û¨¸·¾·¬ Location and Zoning Map Í·¬» Ò±¬·º·½¿¬·±² Ô·¬ ÑÉÒÛÎ ÑÉÒÛÎ ÑÉÒÛÎ ÒßÓÛÑÉÒÛÎ ßÜÜÎÛÍÍÑÉÒÛÎ Ý×ÌÇÍ×ÌËÍ ßÜÜÎÛÍÍ ÍÌßÌÛÆ×Ð Þ¾¬¬ ÔÔÝêíðè Î»³·²¹¬±² Ðµ©§Ý±´´»§ª·´´» ÌÈéêðíìððëïðð Ì¸±³°±² Ì»®® Þ«½¸©¿´¼ô Î«¼±´°¸ É ×××ïíðç ß¸º±®¼ Ý¬Ý±´´»§ª·´´» ÌÈéêðíìððëðîë Ý±´´»§ª·´´» Þ´ª¼ Ì¿²²»®ô Ö±² Ü±²±ª¿²ëîðì Ý±ª»²¬®§ Ð´Ý±´´»§ª·´´» ÌÈéêðíìððëðîë Ì¸±³°±² Ì»®® Ý±®ª»¬¬» Ð®±°»®¬§ Ô»¿·²¹ Ô°ïçðè Í¬®¿¬¬±² Ý¬Ý±´´»§ª·´´» ÌÈéêðíìððëðïé Ý±´´»§ª·´´» Þ´ª¼ Ì®»²¬ô Í¬»°¸»² Û¬«¨ Ö±§ïîíí Ó»´·¿ Ü®Î±¿²±µ» ÌÈéêîêîððëðîï Ì¸±³°±² Ì»®® Ú®»»¼ô Ó·½µ»§ÐÑ Þ±¨ ëìèííØ«®¬ÌÈéêðëìððëðïí Ý±´´»§ª·´´» Þ´ª¼ Ì¿²²»®ô Ö±² Ü±²±ª¿²ëîðì Ý±ª»²¬®§ Ð´Ý±´´»§ª·´´»ÌÈéêðíìððëðïê Ì¸±³°±² Ì»®® 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Ó±²¬·½»´´± Ð®¬² Ô¬¼èííí Ü±«¹´¿ ßª» Í¬» ïïðÜ¿´´¿ ÌÈéëîîëïìÓ¿·² Í¬ É¸·¬»ô 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ ORDINANCE O-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-06-1560AND O-08-1680; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 26ACRESIN THE VILLAGE AT COLLEYVILLE ADDITION AND LOTS 3A AND 3B, BLOCK 1, VILLAGE FRONT DOOR ADDITION, 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 2 of 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 and Lots 3a and 3b, Block 1, Village Front Door Addition, 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. Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 3 of 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”. Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 4 of 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 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 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 5 of 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 6 of 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. o.Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements, and cellars. p.Alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use.No Special Use Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 7 of 20 Permit is required. q.Alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store.No Special Use Permit is required. o. 2.Permitted Uses with a Special Use Permit – The following uses may be permitted upon approval of a Special Use 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. fh. Package (liquor) stores gi. Wedding chapel hj. Multifamily structures as described in Section 1(5). 3. Prohibited Uses – The following uses shall be prohibited within this planned unit development: Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 8 of 20 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. 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 Codefor 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. Area5acres 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. Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 9 of 20 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. 56. Building Exteriors - The exposed exterior wallsof each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, or stucco. Non-masonry materials may be utilized for building accentsper the requirements of Chapter 6-Building Design in the Land Development Code.. 67. 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 treet level. If a roof the look of a pitched roof from s terrace is constructed, then railings may be usedwhich comply with Section (8) Balconiesbelow. 78. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. 89. 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. 910.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. 101.HVAC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. 112.Backyard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 10of 20 123.Landscaping – Lots with street frontage withinthis planned unit development shall, at a minimum,meetthe 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 shrubsin 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 Parkto 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. 134.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. 145.Architectural Control Committee - The Property Owner’s Association must create an Architectural Control Committee, which shall be funded by the Property Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 11of 20 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. 156.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. 167.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. 178.Fire Prevention – All buildings within thisPUD-C shall be equipped with fire detection and suppression systemsas requiredand approvedby the City of Colleyville Fire 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”) inch pedestrian 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. Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 12of 20 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 clearanceover canopies pedestrian area & 14 feet clearance over vehicle 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 thebuilding 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 13of 20 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 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. 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. Where no sidewalks exist as of the passage of this ordinance, aAny new sidewalks constructed shall be a minimum of ten feet in widthand shall comply with the Americans withDisabilities 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 belimited 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 14of 20 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 createan 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 business shall be limited to a maximum of two window signs. Internally lit box signs areshall 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. AGrand 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 signon private property located at the southwest corner of Main Street and SH26along SH26 with the permission of the property owner. The sign dimensions shall not exceed eight (8) feet in height and eight (8) feet in widthand shall not exceed 64 square Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 15of 20 feet in total area., 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 timeat this location.The signs shall be composed of aflexible material and remainingood condition.The signs must meet all requirements forpermitting and time restrictions fortemporary business signsin the Land Development Code.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 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 16of 20 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 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 17of 20 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 residenceis 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. 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 18of 20 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 street parking in this upon the realignment of the on- area to angled parking from parallel parking. (2)45 degreeangled 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 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 Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 19of 20 vehicle backing outof 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 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 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, transferee(s)or designee(s)listed on the current, approved agreement. Said agreement shall, at a minimum, amend and repealall previous city/developer agreements related to this development by creating a singleupdatednew agreement. Failure to meet this requirement within the specified time frame shall be considered a violation of the terms of this ordinanceon the part of the current named “developer”, their assigns, transferee(s)or designee(s). K.COMPATIBILITY WITH ORDINANCE O-06-1560 Where any provisions of this ordinance conflict withthe provisions ofOrdinance O-06-1560,Section Two,the provisions of Ordinance O-06-1560, Section Two shall prevail. Otherwise, where any provisions of this ordinanceconflict with any otherprovisions ofOrdinance O-06-1560not mentioned above, the provisions of this ordinance shall prevail. Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ 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 of Two Thousand Dollars a fine not to exceed the sum ($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 ordinanceas 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 Secretary Mayor Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ordinance O-12-xxxx Page 21of 20 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ ÛÈØ×Þ×Ì ßó Ô±½¿¬·±² ¿²¼ Æ±²·²¹ Ó¿° Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ ÛÈØ×Þ×Ì Þó Ò»·¹¸¾±®¸±±¼ ß®»¿ Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ Ý¸¿²¹» ¬± Ð®±°±»¼ Ñ®¼·²¿²½» ·² þÓ¿®µóË°þ Ú±®³¿¬ ÛÈØ×Þ×Ì Ýó Ð¿®µ·²¹ ¿²¼ Ñ°»² Í°¿½» ß®»¿ ÒÑÌÛæ Ð¿®µ·²¹ ¿®»¿ ¿®» ½·®½´»¼ Ê·´´¿¹» ÐËÜÝ Æ±²·²¹ Ò»·¹¸¾±®¸±±¼ Ü·¬®·½¬ Ó¿° Ô»¬¬»® ±º Í«°°±®¬ Í¬¿¬»³»²¬ ±º Ð´¿²²·²¹ Ñ¾¶»½¬·ª» Æ±²·²¹ Û¨¸·¾·¬ ÑÎÜ×ÒßÒÝÛ Ñóïîó¨¨¨¨ ßÒ ÑÎÜ×ÒßÒÝÛ ÑÚ ÌØÛ Ý×ÌÇ ÑÚ ÝÑÔÔÛÇÊ×ÔÔÛô ÌÛÈßÍô ßÓÛÒÜ×ÒÙ ÌØÛ ÝÑÓÐÎÛØÛÒÍ×ÊÛ ÆÑÒ×ÒÙ ÑÎÜ×ÒßÒÝÛ ÑÚ ÌØÛ Ý×ÌÇ ÑÚ ÝÑÔÔÛÇÊ×ÔÔÛô ÌÛÈßÍô ßÍ ØÛÎÛÌÑÚÑÎÛ ßÓÛÒÜÛÜå ÞÇ ÎÛÐÛßÔ×ÒÙ ÑÎÜ×ÒßÒÝÛÍ Ñóççóïïìïô ÑóðîóïííéòìôßÒÜ Ñóðèóïêèðå ÞÇ ßÓÛÒÜ×ÒÙ ÌØÛ ÑÚÚ×Ý×ßÔ ÆÑÒ×ÒÙ ÓßÐ ßÒÜ ÝØßÒÙ×ÒÙ ÌØÛ ÆÑÒ×ÒÙ ÑÒ îê ßÝÎÛÍ×Ò ÌØÛ Ê×ÔÔßÙÛ ßÌ ÝÑÔÔÛÇÊ×ÔÔÛ ßÜÜ×Ì×ÑÒ ßÒÜ ÔÑÌÍ íß ßÒÜ íÞô ÞÔÑÝÕ ïô Ê×ÔÔßÙÛ ÚÎÑÒÌ ÜÑÑÎ ßÜÜ×Ì×ÑÒô ÚÎÑÓ ÌØÛ ÐËÜóÝóÐÔßÒÒÛÜ ËÒ×Ì ÜÛÊÛÔÑÐÓÛÒÌ ÝÑÓÓÛÎÝ×ßÔ ÆÑÒ×ÒÙ Ü×ÍÌÎ×ÝÌ ÌÑ ÌØÛ ÐËÜóÝóÐÔßÒÒÛÜ ËÒ×Ì ÜÛÊÛÔÑÐÓÛÒÌ ÝÑÓÓÛÎÝ×ßÔ ÆÑÒ×ÒÙ Ü×ÍÌÎ×ÝÌå ÐÎÑÊ×Ü×ÒÙ ß ÍßÊ×ÒÙÍ ÝÔßËÍÛå ÐÎÑÊ×Ü×ÒÙ ÚÑÎ ×ÒÖËÒÝÌ×ÊÛ ÎÛÔ×ÛÚå ÐÎÑÊ×Ü×ÒÙ ß ÍÛÊÛÎßÞ×Ô×ÌÇ ÝÔßËÍÛå ÐÎÑÊ×Ü×ÒÙ ß ÐÛÒßÔÌÇ ÑÚ Ú×ÒÛ ÒÑÌ ÌÑ ÛÈÝÛÛÜ ÌØÛ ÍËÓ ÑÚ ÌÉÑ ÌØÑËÍßÒÜ ÜÑÔÔßÎÍ øüîôðððòðð÷ ÚÑÎ ÛßÝØ ÑÚÚÛÒÍÛå ßÒÜ ÐÎÑÊ×Ü×ÒÙ ßÒ ÛÚÚÛÝÌ×ÊÛ ÜßÌÛ ÉØÛÎÛßÍ,the City of Colleyville has received an application for rezoning under Case No. ZC12-022; and ÉØÛÎÛßÍ,Ordinances O-99-1141, O-02-1337.4, and O-08-1680are hereby repealed in their entirety; and ÉØÛÎÛßÍ,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 ÉØÛÎÛßÍ,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 ÉØÛÎÛßÍ, 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 ÉØÛÎÛßÍ,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 ÉØÛÎÛßÍ, 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. ÒÑÉô ÌØÛÎÛÚÑÎÛô ÞÛ ×Ì ÑÎÜß×ÒÛÜ ÞÇ ÌØÛ Ý×ÌÇ ÝÑËÒÝ×Ô ÑÚ ÌØÛ Ý×ÌÇ ÑÚ ÝÑÔÔÛÇÊ×ÔÔÛô ÌÛÈßÍæ 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, 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: ßò ÐËÎÐÑÍÛ 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 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. Ýò ÒÛ×ÙØÞÑÎØÑÑÜ ßÎÛßÍ 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”. Üò ÜÛÊÛÔÑÐÓÛÒÌ ÍÌßÒÜßÎÜÍ Ordinance O-12-xxxx Page 4of 20 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 allowed within this plannedunit development: 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 t. Within each neighborhood area, the 600 squarefee 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 upper floor above the work unit. Ordinance O-12-xxxx Page 5of 20 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 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. Ordinance O-12-xxxx Page 6of 20 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. o.Aboveground parking garages containing fourteen (14) or fewer parking spaces, underground parking garages, basements, and cellars. p.Alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use.No Special Use Permit is required. q.Alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store.No Special Use Permit is required. 2.Permitted Uses with a Special Use Permit–The following uses may be permitted upon approval of a Special Use 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 Ordinance O-12-xxxx Page 7of 20 and other items not listed in Section E.1 Permitted Uses. 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 within the Neighborhood garage that fronts a street Central (NC) zone shall be allowed only with the approval of a Special Use Permit. f.Package (liquor) stores g.Wedding chapel h.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. 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. Ordinance O-12-xxxx Page 8of 20 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: Ì¿¾´» ï Ù»²»®¿´ Ô±¬ Ý®·¬»®·¿ 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. 5.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. Non-masonry materials may be utilized for building accentsper the requirements of Chapter 6-Building Design in the Land Development Code. 6.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 usedwhich Ordinance O-12-xxxx Page 9of 20 comply with Section (8) Balconiesbelow. 7.Balconies-Balcony railings must be constructed with wrought iron or masonry balustrades. 8.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. 9.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. 10.HVAC Systems-All air-conditioning condenser units must be hidden from street view or placed on theroof. 11.Backyard Walls-These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 12.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 planterislands 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 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. Ordinance O-12-xxxx Page 10of 20 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 ark to Pleasant Run Road, said boundary from City P minimum five foot tall wrought iron fence shall also be installed on top of any retaining wall along the northern boundary line. 13.Awnings–Buildings with commercial uses on the ground level shall install awnings over allwindows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 14.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. 15.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. 16.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. 17.Fire Prevention–All buildings within thisPUD-C shall be equipped with fire detection and suppression systemsas Ordinance O-12-xxxx Page 11of 20 requiredand approvedby the City of Colleyville Fire Marshal.Said systems shall be maintained and inspected as required by the Fire Marshal. Ûò ÛÒÝÎÑßÝØÓÛÒÌÍ ßÒÜ ËÍÛ ÑÚ ÐËÞÔ×Ý Î×ÙØÌóÑÚóÉßÇ 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 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: Î·¹¸¬ó±ºó©¿§ Û²½®±¿½¸³»²¬ Í¬¿²¼¿®¼ Ì§°» ±º Ó¿¨·³«³ ß´´±©¿¾´» Û²½®±¿½¸³»²¬ Û²½®±¿½¸³»²¬ 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% 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 Ordinance O-12-xxxx Page 12of 20 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 CommunityDevelopment Director. Úò ÍËÐÐÔÛÓÛÒÌßÔ ÎÛÏË×ÎÛÓÛÒÌÍ 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 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. 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 7below. 4.Sidewalks–Sidewalks shall be required for all lots in this Ordinance O-12-xxxx Page 13of 20 development. Where no sidewalks exist as of the passage of this ordinance, 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 beconnected 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 shallbe 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 aclearance 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 business shall be limited to a maximum of two window signs. Internally lit box signs arepermitted. 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 thenew business. On-site signs may include either a banner or pennant, Ordinance O-12-xxxx Page 14of 20 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 temporarysignon private property located at the southwest corner of Main Street and SH26along SH26 with the permission of the property owner. The sign dimensions shall not exceed eight (8) feet in height and eight (8) feet in widthand shall not exceed 64 square feet in total area.. Not more than two businesses may place a sign allowed by this section at any one timeat this location.The signs shall be composed of a flexible material and remainingood condition.The signs must meet all permitting and time restrictions fortemporary business signsin the Land Development Code. 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 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 Ordinance O-12-xxxx Page 15of 20 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. Ùò ßÓÛÒ×Ì×ÛÍ 1.Parks and Playgrounds-All or portions of certain lots identified on the projectsite 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 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. Ordinance O-12-xxxx Page 16of 20 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. Øò ÐßÎÕ×ÒÙ ÎÛÏË×ÎÛÓÛÒÌÍ 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 aparking 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 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 Ordinance O-12-xxxx Page 17of 20 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. 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 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 RunRoad. Ordinance O-12-xxxx Page 18of 20 (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 theexisting 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. ×ò ÐÎÑÐÛÎÌÇ ÑÉÒÛÎÍ ßÍÍÑÝ×ßÌ×ÑÒ 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 lienagainst that owner's property. Öò Ý×ÌÇñÜÛÊÛÔÑÐÛÎ ßÙÎÛÛÓÛÒÌ 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, transferee(s)or designee(s)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 singleupdatednew agreement. Failure to meet this requirement within the specified time frame shall be considered a violation of the terms of this ordinanceon the part of the current named “developer”, their assigns, transferee(s)or Ordinance O-12-xxxx Page 19of 20 designee(s). Õò ÝÑÓÐßÌ×Þ×Ô×ÌÇ É×ÌØ ÑÎÜ×ÒßÒÝÛ Ñóðêóïëêð Where any provisions of this ordinance conflict withthe provisions ofOrdinance O-06-1560,Section Two,the provisions of OrdinanceO-06-1560, Section Two shall prevail. Otherwise, where any provisions of this ordinanceconflict with not mentioned any otherprovisions ofOrdinance O-06-1560 above, the provisions of this ordinance shall prevail. 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 um of Two Thousand Dollars a fine not to exceed the s ($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. ßÒÜ ×Ì ×Í ÍÑ ÑÎÜÛÎÛÜò 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. ßÌÌÛÍÌæ Ý×ÌÇ ÑÚ ÝÑÔÔÛÇÊ×ÔÔÛ Cynthia Singleton, TRMC, CMCDavid Kelly City SecretaryMayor Ordinance O-12-xxxx Page 21of 20 ßÐÐÎÑÊÛÜ ßÍ ÌÑ ÚÑÎÓ ßÒÜ ÔÛÙßÔ×ÌÇæ Matthew C. G. Boyle City Attorney ÛÈØ×Þ×Ì ßó Ô±½¿¬·±² ¿²¼ Æ±²·²¹ Ó¿° ÛÈØ×Þ×Ì Þó Ò»·¹¸¾±®¸±±¼ ß®»¿ ÛÈØ×Þ×Ì Ýó Ð¿®µ·²¹ ¿²¼ Ñ°»² Í°¿½» ß®»¿ ÒÑÌÛæ Ð¿®µ·²¹ ¿®»¿ ¿®» ½·®½´»¼