HomeMy WebLinkAboutOrdinances (O-22-2192)-Withdrawn-03/22/2022WITHDRAWN BY APPLICANT – MARCH 21, 2022
ORDINANCE O-22-2192
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 18.45 ACRES ON LOTS 1 AND 2, BLOCK A, OF THE
HERITAGE FARMS ADDITION, LOCATED AT 913 CHEEK-SPARGER
ROAD, 3808 WAYNE DRIVE, AND 3900 BEDFORD COURT FROM THE
PUD-C PLANNED UNIT DEVELOPMENT-COMMERICAL DISTRICT TO
THE PUD-C PLANNED UNIT DEVELOPMENT–COMMERCIAL ZONING
DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC21-037; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to amend the City’s zoning ordinance; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
City’s zoning districts and their peculiar suitability for particular
uses, with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the
City; and
WHEREAS, the City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the
City Charter, and state law with reference to changes to zoning
classifications under the City’s zoning ordinance and zoning
map, having given the requisite notices required by law and
having held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT 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.
Ordinance O-22-2192
Page 2 of 8
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on 18.45 acres on Lots 1 and 2, Block A,
of the Heritage Farms Addition, located at 913 Cheek-Sparger
Road, 3808 Wayne Drive, and 3900 Bedford Court from PUD-
C Planned Unit Development-Commercial zoning district to the
PUD-C Planned Unit Development–Commercial zoning district,
as depicted in the attached Exhibit “A” and Exhibit “B”.
Sec. 3. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The purpose of this PUD-C is to allow for the construction
of a Senior Living Community on 18.45 acres.
b. This facility be licensed as a Type A and/or Type B Assisted
Living Center by the Texas Department of Aging and
Disability Services as required by the Assisted Living
Facility Licensing Act. Proof of such licensing shall be
required prior to issuance of a Certificate of Occupancy for
this property.
c. This development shall be generally consistent with the
Statement of Planning Objectives, Exhibit “B”.
d. The proposed development is subject to PUD-C Planned
Unit Development–Commercial zoning district and all the
associated regulations contained in the Land Development
Code, except as amended by this Ordinance.
2. DEVELOPMENT PLAN
a. The development shall be generally consistent with the Site
Plan and Building Elevations attached in Exhibits “C”.
Ordinance O-22-2192
Page 3 of 8
3. PERMITTED USES
a. The Senior Living Community as depicted in the attached
exhibits, shall be a permitted use.
b. Type “A” and Type “B” assisted living facilities are
permitted with a maximum of 44 units for assisted living
uses and a maximum of 30 beds for memory care uses, as
depicted in Site Plan Exhibit “C”.
c. A maximum of 164 multifamily independent living units are
permitted as depicted in Site Plan Exhibit “C”.
d. All residential units permitted by this PUD-C shall only be
occupied by persons who are age 55 or older per
requirements of the United States Department of Housing
and Urban Development.
e. All accessory buildings and uses, customarily incidental to
the above uses on the same lot within.
4. HOURS OF OPERATION
a. Deliveries to the facility for food service and general
delivery will be restricted to 7:00 a.m. to 6:00 p.m. daily.
5. CONCEPTUAL PLAN AND PLATTING
a. The development shall be generally consistent with Site
Plan Exhibit “C”, which shall not be considered the
preliminary plat. Minor adjustments, such as building
articulations, shall be permitted. Other modifications,
which do not change the use or increase the density, may
be approved administratively by City staff.
6. BUILDING DESIGN
a. The Senior Living Community shall be generally consistent
with the building elevations and specified material depicted
in Exhibit “C”.
Ordinance O-22-2192
Page 4 of 8
b. All buildings allowed for this development shall not exceed
two stories and 45 feet in height except a three story spine
for independent living as shown on the site plan.
c. The cumulative exterior walls of the buildings in this
development shall be a minimum 50 percent masonry.
Masonry, for the purposes of this PUD-C, shall be defined
including: brick, stone, cast stone, simulated stone, faux
stone, thin veneered thin-set stone, concrete block, and
three coat plaster/stucco. Other wall surface materials may
include cementitious siding or ACM (aluminum composite
material) panels.
d. Except as modified, all buildings shall, at a minimum, meet
the provisions of Chapter 6 - Building Design in the Land
Development Code.
7. LANDSCAPING AND OPEN SPACE
a. This development shall provide a minimum of 50 percent
pervious cover area, as shown on Site Plan Exhibit “C” and
all open space areas shall be landscaped and maintained
by the property owner. Open space may include detention
or retention ponds.
b. All landscaping shall comply with Chapter 4 - Landscaping
in the Land Development Code.
8. SIDEWALKS
a. The sidewalk along Cheek-Sparger Road must be at least
five (5) feet wide. The sidewalk along Wayne Drive and
Bedford Court must be at least four (4) feet wide. The
sidewalk must be installed when any new structures are
built on the property.
9. PARKING AND ACCESS
a. This development shall be allowed to have a minimum of
367 parking spaces.
b. All parking shall be mutually accessible and available across
all uses within this development.
Ordinance O-22-2192
Page 5 of 8
c. As depicted on Site Plan Exhibit “C”, a 26-foot public access
and fire lane easement shall be located within the
development such that it connects Wayne Drive at the
southern terminus of the Bedford Court right-of-way
boundary. Said easement shall be included on any future
plat of the property.
10. LIGHTING
a. All lighting shall be directed away from adjacent residential
properties. Illumination from light poles shall not exceed
0.5 foot-candles as measured from any portion of the
property line.
11. FENCING
a. An eight (8) foot precast concrete or masonry fence, with
other materials allowed as necessary to protect trees or as
needed regarding other considerations, shall be
constructed along the south and east property lines
adjacent to the existing residential uses located in the City
of Bedford.
b. Any decorative stone walls throughout the property shall
be no more than 42 inches in height.
c. The fence shall be generally consistent with Exhibit “D”.
12. SIGNAGE
a. All monument signs shall meet the minimum requirements
of the Land Development Code.
13. TRASH COMPACTOR AND EMERGENCY GENERATOR ENCLOSURE
a. The trash compactor and emergency generator enclosure
will be fully screened with a ten (10) foot high masonry
screening wall with solid gates on the opening side. The
enclosures shall be constructed of eight (8) inch concrete
block walls with brick and stone veneers and a cast stone
cap.
Ordinance O-22-2192
Page 6 of 8
b. All requirements of the Land Development Code shall be
met, except where amended herein.
14. PARKING SHADE STRUCTURES
a. The covered parking structures will have 3:12 sloped roofs
with asphalt shingles to match the building. The structures
will have a minimum nine (9) feet of clearance with 2” x
10” fascia and open ended gables.
b. The parking shade structures shall be generally consistent
with Exhibit “E”.
15. PUBLIC IMPROVEMENTS
a. In lieu of constructing any required perimeter street
improvements, the developer shall construct the following
roadway improvements: a right-turn only lane to
northbound Wayne Drive where it intersects Cheek-
Sparger Road.
b. Additionally, the developer shall pay a one-time Special
Roadway Impact Fee to the City, which shall be utilized by
the City for the construction of a roundabout at the
intersection of Cheek–Sparger Road and Bedford
Road/Court.
c. Given the requirements of Section “b” above, prior to the
acceptance of any plat applications as required by this
ordinance, the developer shall submit a revised
City/Developer Agreement (CDA) for an approval by the
City Council that, at a minimum, addresses the following
areas:
(1) City shall be responsible for all of the design,
contracting, construction, right-of-way acquisition,
landscaping and ongoing maintenance for the roundabout
at the intersection of Cheek-Sparger and Bedford
Road/Court.
(2) Establish the total amount of the Special Roadway
Impact Fee to be paid from the developer to the City.
(3) Timing of the payment of the Special Roadway Impact
Fee to the City for the roundabout shall be at the issuance
or receipt of the building permit.
Ordinance O-22-2192
Page 7 of 8
(4) City shall complete the roundabout improvements
within three years of the payment of the Special Roadway
Impact Fee.
(5) Any change to the terms of this section shall require
an amendment to this ordinance.
Sec. 5. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 7. THAT in addition to and accumulative of all other penalties,
the City shall have the right to seek injunctive relief for any
and all violations of this ordinance.
Sec. 8. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of March
2022.
The second reading and public hearing being conducted on the 22nd day of
March 2022.
Ordinance O-22-2192
Page 8 of 8
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE
22ND DAY OF MARCH 2022.
Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Location and Zoning Map
Exhibit “B” – Statement of Planning Objectives
Exhibit “C” – Site Plan and Building Elevations
Exhibit “D” – Perimeter Masonry Fencing
Exhibit “E” – Parking Shade Structure