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HomeMy WebLinkAboutOrdinances (O-22-2192)-Withdrawn-03/22/2022WITHDRAWN BY APPLICANT – MARCH 21, 2022 ORDINANCE O-22-2192 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE,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