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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/22/2013 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 22, 2013 Executive Conference Room PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Dudziak PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES April 8, 2013 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. REGULAR AGENDA ITEMS 3a Approval of a preliminary plat on 6.4 acres on Tract 3B, of Abstract 1543, of the George W. Teeter Survey located at 1301 Glade Road, Case PC13-003 3b Approval of a final plat for 2.99 acres situated in the D.R. Teeter Survey, Planning and Zoning Commission Commission Agenda April 22, 2013 City of Colleyville Page 2 Abstract No. 1518 and the S.C.H. written survey, Abstract No. 1732 located at 2501 Cheek Sparger, Case PC13-004 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration for amendments to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code, Case GC13-005 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards April 19, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant 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 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 8, 2013 City Council Chambers CALL TO MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on April 8, 2013 at 7:05 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, David Phelps, Jim Gotcher, and Jeff Byerly Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Dale Crown, Rob McKeown, and Marty Wieder INVOCATION The invocation was given by Commissioner Knox 1. APPROVAL OF MINUTES Commissioner Phelps moved to approve the March 25, 2013 meeting minutes as written. Commissioner Davis seconded. The motion to approve as written carried with the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. REGULAR AGENDA ITEMS 3a Approval of a preliminary plat for 2.99 acres situated in the D.R. Teeter Survey, Abstract No. 1518 and the S.C.H. written survey, Abstract No. 1732, located at 2501 Cheek Sparger, Case PC12-020 Darren Cain presented the case and briefed the Commission. Planning and Zoning Commission Commission Minutes April 8, 2013 City of Colleyville Page 2 Jimmy Fechter, on behalf of the applicant, came forward and briefed the Commission. Commissioner Wheelwright made a motion to approve case PC12 - 020. Commissioner Davis seconded the motion. Commissioner Dudziak stated he was disappointed that the sidewalks were removed and he thought the developers did a good job on this project. The motion to approve carried with the following vote: Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3b Consideration of a waiver request to the sidewalk requirements on Lot 11, Block 3, of the Sunrise Terrace Addition, located at 1101 Garry Lynne Road, Case GC13-003 Darren Cain presented the case and briefed the Commission. Jason Meseberg, the applicant, came forward and briefed the Commission. Commissioner Wheelwright stated based on the surrounding area not having sidewalks, he would be okay with approving escrow. Commissioner Wheelwright made a motion to approve case GC13-003 with the required escrow. Commissioner Dudziak seconded the motion. Commissioner Wheelwright questioned staff regarding the drainage along Bedford Road and this property. Ron Ruthven stated because the drainage system is currently curb and gutter, along Bedford Road, the sidewalk would have to be constructed to allow for drainage. The motion to approve carried with the following vote: Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration for a zoning change from R20-Single Family Residential to PUD- C-Planned Unit Development Commercial on Lot 16, Block 2, of the Fairway Addition located at 8508 Precinct Line Road, Case ZC12-030 Darren Cain presented the case and briefed the Commission. Planning and Zoning Commission Commission Minutes April 8, 2013 City of Colleyville Page 3 Commissioner Dudziak questioned staff regarding whether the dumpster would be required to be screened. Darren Cain replied they would have to meet the requirements of the Land Development Code. The public hearing was opened at 7:22 p.m. John Griffith, the applicant, came forward and briefed the Commission. Commissioner Phelps questioned Mr. Griffith regarding the mutual access easement between the property in question and adjacent properties. Mr . Griffith replied the mutual access will be located along the front of the properties. Discussion continued between Commissioner Phelps and Mr. Griffith r egarding access to the property. Commissioner Phelps questioned Mr. Griffith regarding architectural style of the proposed building and how would it look in comparison to the adjacent properties building? Mr. Griffith replied it will be more upscale depending on the point system. There being no one else wishing to speak, the public hearing was closed at 7:27 p.m. Commissioner Dudziak questioned staff regarding whether there is a mutual access easement in place between this property and the property to the south and if one would be required. Darren Cain replied no, there is not a mutual access easement at this time. He further explained one would be required at the time of platting. Discussion continued between the Commissioners and staff regarding the mutual access easement between the properties. Commissioner Knox made a motion to approve case ZC12-030. Commissioner Davis seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4b Consideration of a request to rezone from R20-Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Ca se ZC12- Planning and Zoning Commission Commission Minutes April 8, 2013 City of Colleyville Page 4 025 Ron Ruthven presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding whether the letters received to date were all letters of opposition. Ron Ruthven replied no. He further explained there were six (6) letters of support and three (3) letters retracting opposition, all within the 200 foot buffer. Commissioner Gotcher questioned staff regarding the number of lots and why the open space was being referred to as Open Space Lots and not just open space. Ron Ruthven replied they are called Open Space Lots just to be technical and not buildable lots. Commissioner Phelps questioned staff regarding fence materials on the site plan. Ron Ruthven replied the wording for fence materials is located in the proposed ordinance and would not be reflected on the site plan. Discussion continued between Commissioner Phelps and staff regarding fence material. The public hearing was opened at 7:38 p.m. Bret Pedigo, on behalf of the applicant, came forward and briefed the Commission. Commissioner Dudziak questioned Mr. Pedigo regarding the living screening along Bluebonnet Drive and if the homeowner had the option to select a full masonry wall. Mr. Pedigo replied no, there will be deed restrictions to only allow wrought iron along Bluebonnet Drive. Commissioner Dudziak questioned Mr. Pedigo regarding the proposed sidewalk through the development and the city property to the north. Mr. Pedigo replied they have not discussed this with the city to see if the city would allow the sidewalk to be constructed on city property, however, they would like to continue the sidewalk from their development through the city property to Riverwalk Drive. Commissioner Byerly questioned Mr. Pedigo regarding the proposed fence material on the fence on the north side of the property. Mr. Pedigo replied it will be an eight (8) foot masonry fence with a 24 foot wide emergency access gate. Commissioner Gotcher questioned Mr. Pedigo regarding their discussions with the Bridges of Riverwalk homeowners regarding trees. Mr. Pedigo replied Planning and Zoning Commission Commission Minutes April 8, 2013 City of Colleyville Page 5 they have spoken to the homeowners regarding additional trees on the west side of the development. Commissioner Gotcher questioned Mr. Pedigo regarding the connection of the northern retention pond to the Bridges of Riverwalk’s pond. Mr. Pedigo replied they will be connecting to the pond. He further explained they have compromised with the Homeowner’s Association and will set up a one -time escrow that will allow the Homeowner’s Association to use to dredge thei r pond once construction of the homes have been completed. Matt Quinn, 5020 Stonebridge Drive, came forward and expressed his concerns. Dan Winters, 5013 Rose Street, came forward and expressed his concerns. Steve Hickson, 1315 Glade Road, came forward and expressed his concerns. Lisa Pomroy, 4712 Behrens Road, came forward and expressed her concerns. Sam Hatton, 5024 Stonebridge Drive, came forward and spoke in support of this development. There being no one else wishing to speak, the public hearing was closed at 8:11 p.m. Bret Pedigo came forward to address comments. Commissioner Gotcher questioned staff regarding the original development requirements and if they were now back in the ordinance. Ron Ruthven replied correct. Commissioner Dudziak stated while there were still several issues to work through, a great deal of improvements have been made. Commissioner Dudziak made a motion to approve case ZC12-025. Commissioner Phelps seconded the motion. Commissioner Phelps stated he felt the revised plan is more appealing and feels he is more supportive of this development. Commissioner Gotcher stated he felt many of the original concerns have been addressed. Commissioner Wheelwright stated that he echoed the other Commissioners thoughts. Planning and Zoning Commission Commission Minutes April 8, 2013 City of Colleyville Page 6 Commissioner Byerly stated he also echoed the other Commissioners and felt the developers have bent over backwards to compromise with the neighbors. The motion to approve carried with the following vote: Aye: 7 – Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 8:18 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on April 22, 2013 by a vote of __________. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 04/22/2013 Number Type Regular Agenda Items Department Community Development Title Approval of a preliminary plat on 6.4 acres on Tract 3B, of Abstract 1543, of the George W. Teeter Survey located at 1301 Glade Road, Case PC13-003 Explanation Chase Rowan, is the developer of 6.4 acres of land located on the south side of Glade Road, south of Riverwalk Drive. The developer has submitted a preliminary plat, which will subdivide the property into nine residential single family lots and two open space lots, for the construction of single family residential detached dwelling units. The following is an analysis of this preliminary plat. Zoning. The property is currently zoned PUDR-Planned Unit Development Residential zoning district. A rezoning request for PUDR was approved on March 4, 2008 with Ordinance O-08-1659. The zoning requirements stated in Ordinance O-08-1659 include single family detached residential as the primary use with a maximum density of 1.4 dwelling units per acre. The minimum lot size is 20,000 square feet. The minimum lot width is 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet. Open Space. The PUDR ordinance for the property requires a minimum of 14.97 percent of the total development as open space. The open space areas include two ponds. All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA). Access. The development will have access from Glade Road to the newly created street, Carmel Place. The new street serving this development shall contain a minimum of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. All homes constructed in the development shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. A minimum five-foot wide sidewalk and utility easement shall be located along both sides of the new street serving the development and installed when any new structures are built on the property. A minimum five-foot wide sidewalk is required Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 along Glade Road. Parkland Dedication Fees. Parkland dedication fees are required in the amount of $1,802.00 per residential lot for the nine lots where new homes are proposed. Parkland dedication fees are due at the time of final plat. The fee must be paid before the plat is recorded with the County Clerk’s office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the final plat for Glade Road. Perimeter street improvements are required since Glade Road is considered an unimproved street. Signage. A sign identifying the development shall be built at the southwest corner of the entry to the subdivision as shown in the PUDR ordinance. The sign shall meet the requirements of the Land Development Code and shall not be located within any street right-of-way. Landscaping and Tree Preservation. Landscaping and tree preservation along Glade Road shall conform to the specifications and depictions as shown in the PUDR ordinance (attached). A minimum of two (2) three-inch caliper trees shall be planted within the front yard of each lot by the homebuilder upon construction of a new home. Trees not located within the right-of-way or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. Summary. The proposed development satisfies the requirements of the PUDR ordinance for the property and the Land Development Code. Since the plat contains more than four lots, the preliminary plat requires additional approval by the City Council. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Preliminary Plat Exhibit 4.Landscape Entry Plan 5.Ordinance O-08-1659 CHATSWORTH CT W ASHFORD CT DA R T M O O R E L N GLADE RD SA N G A B R I E L A V E RIVERWALK CT CHATSWORTH DR AL E X A N D R A D R GARRY LYNNE DR GUADALUPE CT CHATSWORTH CT E JO CAROL LN ST O N E B R I D G E D R SABINE CT ST A F F O R D D R WE S T B U R Y D R CHERRY LN OA K T I M B E R S C T 5001 1108 1105 4808 1105 1117 4517 4809 1100 1117 4700 1300 1201 4508 1112 5008 4521 4612 4516 1109 4524 1104 4609 1300 5100 5005 5101 1104 1101 1213 1104 5028 1201 1105 4512 4612 1112 1104 1104 5029 1100 1300 5012 5109 1312 4600 5117 5005 5020 13041100 1300 1128 4608 1105 47081109 1117 1108 1301 5004 1117 1200 5021 1121 1113 1108 5009 4616 1132 1301 4601 1208 5011 4612 4521 1105 4701 1504 5005 1121 4801 5026 5100 5108 1120 1100 1101 4520 1116 1112 5016 5101 1315 4601 4712 1313 4520 1313 4604 1209 1100 4608 1104 1305 5008 1113 5013 4600 4608 1120 1200 4516 5024 1308 1308 1304 5005 4513 5017 1116 1204 4520 1116 1301 5113 1100 4525 1104 4528 1205 1109 1313 1113 4613 1216 1312 1112 1105 5105 1500 5009 1108 1116 1308 4605 1108 1304 5017 5105 4605 4609 1112 1304 1117 5009 4901 5109 1205 5113 4800 1100 1301 4606 5001 4601 4613 1121 1120 1309 1416 1212 5025 4713 1201 1108 1309 1213 5000 1112 4709 1113 4600 5101 1312 5019 5013 1109 5100 4900 5013 1116 1209 4509 1309 4604 5101 1113 4609 1317 1112 1116 4600 4604 5013 4612 1109 1117 4608 5105 1120 5104 1305 4517 4613 1124 R-20 R-40 AG AGPUD-R R-30 PUD-R PUD-R PUD-C PUD-C R-20 Location and Zoning Map R T H C T W ASHFORD CTORE L N GLADE RD S RIVERWALK CT CHATSWORTH DR NDR A D R RY LYNNE DR CHATSWORTH CT E CAROL LN ST O N E B R SABINE CT STA F F O R D D R RY DR 5001 1108 1105 4808 4700 1117 1201 1112 5008 04 4609 1300 5100 5005 5101 1213 1201 05 4612 1112 1104 1104 5029 1300 5012 1312 4600 5020 13041100 1300 1128 4608 4708 1109 1117 1108 1301 5004 1117 1200 5021 1113 1108 5009 4616 1132 4601 1208 5011 4612 1105 4521 5005 1121 5026 1120 1100 1116 1112 5016 1315 4712 1313 1313 4604 1209 4608 5008 1113 5013 1120 1200 5024 1308 1308 1304 5005 5017 1204 1116 1301 1205 1109 1113 4613 1216 1312 1112 5009 1108 1116 1308 4605 1304 5017 4605 4609 1112 1304 1117 5009 1205 4800 1301 4606 5001 4601 4613 1121 1416 1212 5025 1201 1108 1309 1213 5000 1312 5013 1109 4900 1116 1209 1309 1113 1317 1112 1116 4600 4604 5013 4612 4608 1109 1117 1120 1305 1124 Subject Property Aerial Pr e l i m i n a r y P l a t E x h i b i t Landscape Entry Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 04/22/2013 Number Type Regular Agenda Items Department Community Development Title Approval of a final plat for 2.99 acres situated in the D.R. Teeter Survey, Abstract No. 1518 and the S.C.H. written survey, Abstract No. 1732 located at 2501 Cheek Sparger, Case PC13-004 Explanation Gary Panno and Bryan Adams have submitted a request to approve the Final Plat for Ivy Glen Estates, located at 2501 Cheek-Sparger Road, which includes ten (10) single family residential lots and two open space lots. The following is an analysis of the issues associated with this final plat. Zoning. A re-zoning request for PUDR-Planned Unit Development Residential was approved by city Council on March 5, 2013 under Ordinance O-13-1864. Lot Dimensions and Setbacks. Ordinance O-13-1864 contains the following requirements: a. Minimum Lot Width - 55 feet b. Minimum Lot Depth - 110 feet (Except for cul-de-sac lots) c. The minimum lot size is proposed at 5,890 square feet (Lot 4) and increasing to 13,285 square feet (Lot 6). The average lot size is 8,200 square feet. Setbacks are required as follows: a. Front Yard Setbacks For Lots With a J-Swing Garage - 10 feet b. Front Yard Setbacks For Lots With a Front Entry Garage - 20 feet c. Rear Yard Setbacks For Lots 1-5 and 9-10 - 10 feet d. Rear Yard Setbacks For Lots 6-8 - 25 feet e. Side Yard Setbacks: Five (5) feet and five (5) feet on Lots 1-5; Five (5) feet and 11 feet on Lot 6; Seven (7) feet and 11 feet on Lot 7; Seven (7) feet and nine (9) feet on Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 Lot 8; Five (5) feet and 10 feet on Lots 9 and 10 Maximum Lot Coverage - 65 percent Open Space. Ordinance O-13-1864 requires a minimum of 20 percent of open space for use by the residents of the development. All open space shall be landscaped and maintained by the HOA. Detention and retention are prohibited per Ordinance O-13- 1864. The common space area is confined to the eastern portion and southern frontage of the development, with most of the space located between Lots 8 and 9. Amenity features such as a water fountain and pergola seating area will be provided by the developer and maintained by the HOA. Sidewalks and Trails. Sidewalks are required to be installed along any new internal streets at the time of new home construction. According to the Colleyville Pathways Plan, a 10 foot wide trail is required to be along the north side of Cheek-Sparger Road. The trail must be installed prior to the acceptance of final public improvements. Parkland Dedication Fees. Parkland dedication fees are required, in the amount of $1,802.00 per residential lot, for the 10 lots where new homes are proposed. Parkland dedication fees are due at the time of final plat and must be paid before the final plat is recorded with the County Clerk's office. Perimeter Street Improvements and Impact Fees. Water, sewer and roadway impact fees are due at the time a building permit is issued for new structures on the newly plated lots. Summary. The proposed development satisfies the requirements of Ordinance O-13- 1864 and the Land Development Code. Since the plat contains more than four (4) lots, the preliminary plat will require additional approval by City Council. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Final Plat Exhibit 4.Ordinance O-13-1864 39 2 9 3903 4108 4110 2601 2504 2507 3902 2501 3900 3901 2503 2501 2502 25004001 399 53993 399 1 39 7 8 3 9 7 6 3 9 7 4 39 7 0 3986 3984 3980 3982 39 7 9 39 7 7 39 7 5 396639643962396039 3 0 39 3 2 39 3 4 3961 39 3 3 39 3 1 39 2 7 39 2 5 39 2 3 39 2 1 2400 396339653967 CHEEK SPARGER RD JAC K S O N R D ST J A M E S C T /1 inch = 150 feet0 300 Feet Location and Zoning Map Subject Property Legend AG Agricultural PUD-R Planned Unit Development, Residential R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) Aerial Fi n a l P l a t E x h i b i t ORDINANCE O-13-1864 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 2.99 ACRES IN THE D.R. TEETER SURVEY, ABSTRACT NO. 1518 AND THE S.C.H. WILTON SURVEY, ABSTRACT NO. 1732, CITY OF COLLEYVILLE, TEXAS LOCATED AT 2501 CHEEK-SPARGER ROAD FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; 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 a rezoning under Case No. ZC12-029; 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 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 consideration, among other things, to the character of the 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 Ordinance O-13-1864 Page 2 of 6 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 the property 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 amended by changing the zoning on 2.99 acres on the D.R. Teeter Survey, Abstract No. 1518 and the S.C.H. Wilton Survey, Abstract No. 1732 located at 2501 Cheek-Sparger Road from the AG- Agricultural zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit “A” and as described in Exhibit “B”. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved 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-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.4 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, Exhibit “C”. c. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. Ordinance O-13-1864 Page 3 of 6 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with the conceptual site plan, Exhibit “D”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage, or other conditions. b. The developer shall submit and receive approval from the City, a preliminary and final plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: 1. The minimum lot width shall be 55 feet. 2. The minimum lot size shall be 5,890 square feet, with and average lot size of 8,200 square feet. 3. The minimum lot depth shall be 110 feet, except for lots which front the cul-de-sac. 4. Front Yard Setbacks: a. For lots that have a J-Swing garage: 10 feet b. For lots that have a front entry garage: 20 feet 5. Minimum Rear Yard Setbacks: a. For lots 1-5 and 9-10: 10 feet b. For lots 6, 7, and 8: 25 feet Ordinance O-13-1864 Page 4 of 6 6. Minimum Side Yard Setbacks: 5 feet a. For lots 1-5: 5 feet and 5 feet b. For lot 6: 5 feet and 11 feet c. For lot 7: 7 feet and 11 feet d. For lot 8: 7 feet and 9 feet e. For lots 9 and 10: 5 feet and 10 feet 7. Maximum Lot coverage: 65 percent 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development: a. Two-story homes shall have rooms constructed in the front half of the homes only, with a graduated roof pitch down to the rear facing elevation. Two-story homes shall have no windows, balconies, or verandas on the second floor of the rear facing elevation. There shall be no side facing second story windows on the north side of lot 9 and the east side of lot 8. b. Masonry: The exterior wall of all homes shall be composed of 100 percent masonry materials. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6 of the Land Development Code. 6. OPEN SPACE a. This development shall provide a minimum of 20 percent common open space, which shall be configured as shown on Exhibit “D”. The open space shall, at a minimum, contain a water fountain and a pergola. All open space areas shall be landscaped and maintained by the HOA. b. There shall be no retention or detention within the open space. 7. RESIDENTIAL DENSITY REQUIREMENTS a. Residential density shall not exceed 3.4 dwelling units per acre. Ordinance O-13-1864 Page 5 of 6 8. SCREENING AND TREES a. A new six (6) foot decorative concrete panel fence shall be constructed along the western boundary to replace the existing masonry wall. b. A new eight (8) foot decorative concrete panel fence shall be constructed along the northern and eastern boundary lines of the parcel and shall replace the existing wall. c. A variable height screening fence, constructed of a combination of brick, stone, and wrought iron shall be constructed along the south portion of the property adjacent to Cheek-Sparger Road. The fence shall meet the transparency requirements for front yard fences in the Land Development Code. The screening will be continuous along the boundary with the exception of the entry road right-of-way. Landscaping shall be installed along the front of the new screening wall. Maintenance of the wood fence, masonry fence and landscaping shall be the responsibility of the HOA. d. A minimum of two, three (3) inch caliper trees shall be planted on each lot within the rear building setback at the time of new home construction. e. A minimum of 23 evergreen trees shall be planted along the north and east boundary of the development where there are existing gaps in tree cover. Sec. 5. 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. 6. 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. Ordinance O-13-1864 Page 6 of 6 Sec. 7. 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. 8. 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. 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. The first reading and public hearing being conducted on the 19th day of February 2013. The second reading and public hearing being conducted on the 5th day of March 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” Exhibit B – Legal Description Exhibit C – Statement of Planning Objectives Exhibit C - Continued Exhibit D – Conceptual Site Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 04/22/2013 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for amendments to Section 3.24-Schedule of Permitted Principal Uses of Chapter 3-Land Use of the Land Development Code, Case GC13-005 Explanation The purpose of this item is to propose amendments to the Schedule of Permitted Principal Uses in the Land Development Code. Specifically, staff proposes adding the use of a "single-family detached dwelling" to the RD-Two-Family Residential district and the RMF-Multifamily Residential district. Currently, the RD-Two-Family Residential district only allows the use of two-family dwellings (or duplexes) and the RMF- Multifamily Residential district only allows multifamily attached dwellings, townhomes and single-family detached dwellings with a Special Use Permit. However, there are currently single-family detached dwellings located in both zoning districts. There are no Special Use Permits aurthorizing single-family detached dwellings in the RMF- Multifamily Residential district. The following is an analysis of the RD and RMF zoning districts: RD-Two-Family Residential district: Number of districts in the City: 5 Total District Area: 123 acres Total Single-Family Detached homes: 309 Total Duplexes: 0 RMF-Multifamily Residential district: Number of districts in the City: 3 Total District Area: 110 acres Total Single-Family Detached homes: 232 Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 2 Total Multifamily Units: 106 The districts are shown on the attached map. When these two zoning districts were first created in 1970, they allowed single-family detached dwellings. However, this use was removed from the two zoning categories in 1999. The effect of removing single-family detached dwellings as a permitted principal use from these zoning districts has been to create legal non-conforming uses for the 541 single-family homes that exist within these districts. As such, if any of the existing homes were demolished or destroyed to an extent that the damages exceed 50% of the total improvement value of the home, the home could not be rebuilt. Additionally, none of the homes may expand in any way given their legal non- conforming status. Therefore, staff proposes adding the single-family detached dwelling back as a permitted principal use to the RD-Two-Family Residential and RMF- Multifamily Residential districts. Recommendation Approve Attachments 1.Zoning District Exhibit 2.Proposed Changes to the Schedule of Permitted Principal Uses 3.Proposed Ordinance KINGSTON DR FAIR HILL CT CHATSWORTH CT W TA R L E T O N D R HILLIER CT GR E E N M E A D O W N BILL SIMMONS RD CRANBROOK DR E DEEPWOOD RD CO T T A G E O A K L N TREEMONT CIR ARDY LN CEN TE R PA RK BROWN TRAIL RO Y A L L N JIM MITCHELL TRL E AUBURNDALE AVE CALDWELL HUGHES RD SOUTHWOOD E WINDERMERE DR ASHFORD CT MILL BROOK DR RO C K D O V E C I R DARTMOORE LN WINEWOOD CT SHADYCREEK LN WYATT DR ASHLEY CT U P L A N D L N SHADOW RIDGE DR COPPERWOOD CT CR E E K V I E W L N FL I N T L O C K C T C RE Y N O L D S D R GL A D E R D KING CHARLES CT KY L E C T MC M A K I N C T H ID D E N VA L L E Y CT MONTCLAIR DR CUMBERLAND CT MILL W O OD DR ANTWERP DR BR I D L E W O O D N BROOKHOLLO W DR D U STY CT SC A R B O R O U G H L N E VALENTINO CT FOX TRAIL LN BRIAR RIDGE DR POOL RD VA L L E Y RID G E C TMEANDERING CT DUANE ST AM B E R L E Y C T BROUGHTON DR CAMELOT DR GL A D E R D THERESA LN L O N G W O O D D R CARRIAGE LN G L E N D A L E D R GATEWAY DR RO D E O D R FR E E M O N T C T WILCREST CT JO H N M C C A I N R D DIAM O N D C T TI M B E R L I N E D R N BRANSFORD RD TIL L W A T E R C I R FRY LN WHIPPOORWILL CT GREEN OAKS DRWA Y S I D E D R HILLBROOK DR CA M B R I D G E C T THOMPSON TER SYCAMORE DR MI L L W O O D C T WALNUT LN WILLOW LN BU R O A K D R BIRCH CT RE N F R O R D CALDWELL CREEK DR MYSTIC WOODS LN SAN GABRIEL AVE SCOTTSDALE DR BRAEDON LN BLACKJACK OAK DR LAKEWOOD DR COT T AG E L N COL EM A N C T WI L K ES DR MOCKINGBIRD LN POOL RD MILL SPRINGS CT WE L S H C I R S A P P H I R E C I R N DA N B U R Y D R INDIA CT DAVID LN TENNISON PKWY OL DENWOO D CT BEHRENS CT PONDEROSA LN FFWOOD DR CARISBROOKE CT SP R I N G G A R D E N D R STILTON CT A M B L E S I D E C T WILTON WOODS CT C AS T IR ON FO R E ST T RL OVERHILL DR PRIMROSE LN TRAIL BEND CT MARANATHA EENBRIAR LN MA I N S T LISMORE CT OAKBRIAR LN SC A R B O R O U G H L A N E C T CLEARFIELD DR TU S C A N Y D R W O A K V A L L E Y D R CHRISMAC WAY TIF F A N Y P A R K L N HI G H L A N D M E A D O W D R O X F O R D C T SOUTHWOOD W SO M E R S E T C T EVERSHAM CT WH I T E D R VILLAGE LN SHALIMAR CT S H E R W O O D L N TRE E C T MIRAMAR LN E M E R A L D C T MC D O N W E L L S C H O O L R D E CO T S W O L D C T ROCKRIMMON CT L I N D E N C T SC O T S M A N D R T W E LV E O A K S L N G R E E N W A Y C T D ANI EL L E D R PARK VIEW CT HI G H L A N D P A R K C T SP R U C E C T HI CKO RY HI L L L N CA R L I S L E A V E R O SSIN G W GL E N H O P E C I R S CR A N B R O O K D R S MAGNOLIA CT STONINGTON LN LAKERIDGE CT FI E L D S T OA K C R E S T H I L L D R SUNDERLAND DR L A U R E N' S P L LEXINGTON PKWY IN D E P E N D E N C E R D LA K E S I D E D R N O RM A ND Y D R INDIAN TRAIL CT BL A C K D R YORKSHIRE DR LEOPOLD LN BEDDO CT GREEN MEADOW E LA N G L E Y H I L L L N CRESTEDGE CT WALDON CT GLADWYNE CT SOMERSET BLVD RE D O A K C T W COLLEYVILLE BLVD CO M P T O N C T JANET LN BOWMAN DR B OL R D W SUMMIT HILL CT CREST DR WO O D L A N D HE I G H T S C I R SH U M A R D OA K L N PONDEROSA ST D OR SE T DR SUMMERBROOK DR RI V E R W A L K C T SH E L T O N D R S T I L L P OIN T LN HI G H L A N D D R COTTONWOOD CT CH A T S W O R T H D R CROSSGATE CIR E BETTINGER DR AC U F F L N PLANTATI ON CT HE A T H E R G L E N N D R QU E E N S B U R Y WA Y C T P O N D E R O S A C T CONNIE LN HI D D E N O A K S C T ST JAMES CT MILL VALLEY DR E COLLE YV ILLE BLVD POST OAK TRL BEDFORD RD RE D O A K C T E TRIANON CT NU E C E S C T WO O D S T O C K D R BELLE MEAD HI L L S I D E R D IN W O O D L N LE T A L N CRANBROOK DR W DO U G L A S A V E AR B O R T R L ROCKINGHAM CT MILAN CT O A K K N O L L C T ALEXANDRA DR C R E S T C T GA R R Y L Y N N E D R WARWICK AVE WI N E W O O D P L ATLANTA DR WESTGROVE LN WAYNE DR HI G H G A T E D R AMADOR TRL LO N G S H A D O W C T BUR N H A M C I R OAK TOP DR AR T H U R D R ASHTON CT WINNIE DR WHITEHAVEN DR W EY V I E W D R S FE G A N S P A T H COVENTRY CT BA R T R A M L N GU A D A L U P E C T SHERWOOD LN REGIMENT PL B R O A D O A K W A Y CR O S S G A T E C I R N HERITAGE AVE OAK HILLS DR CH A T S W O R T H C T E G R A P E V I N E H W Y PROFESSIONAL CT VERSAILLES CT MILL RIDGE DR SC A R L E T C T BRANSFORD RD E T H RID G E C T BRIARBROOK CT S A V O Y C T GL A D E R D GLENHOPE CIR PADDINGTON LN WO O D V A L E C T JO C A R O L L N CHEEK SPARGER RD R TER N BALLANTRAE DR VOLTERRA CT HERITAGE OAKS DR MONTIC STEEPLECHASE DR OLD OAK LN HERITAGE AVE G A T E W A Y C T STONEBRIDGE DR WALLACE LN BRO W N TRAIL CA S A L N GLENVIEW LN CO L E CT CO O K S L N HU N T I N G T O N D R CA M D E N G R N S A VA N N A H C T BECKLE Y CT CE N T R A L D R GREENBRIAR CT WESTMONT DR TARA DR OVE R D M I L T O N D R MISSION LN CL E R M O N T C T MUIR LN MCCAIN LN WOOD CREEK CT LAKESHORE CT FO U N T A I N P A S S D R P A U L S P A T H P L A N T A T I O N D R N PI A Z Z A L N D E V O N D R BELLEFONTE LN H O L L Y L N KENSHIRE CT SIR S P EN CE R C T ELMWOOD CT SA B I N E C T GATEHOUSE LN BU R G A N D Y C T HA W T H O R N E A V E GL E N H O P E C I R N K E N SIN G T O N PL EATON CIR FELPS CT POPLAR CT W WELLER LN HERITAGE AVE MILL VIEW CT GREEN HILL LN MI D D L E T O N W A Y HUNTER LN NO R W A L K D R EASTONBURY CT BENT TREE CT WINDING TRL BO G A R T D R PLANTATION DR S BILLS LN ST R A T T O N G R N MORLAIX CT FO X G L E N D R WOODBRIAR CT PETERS PATH BR I D L E W O O D S MELROSE PARK DR W I L K E S C T REIMS CT BRIARHAVEN LN WESTCOAT DR COTTON W OOD LN W GLADE RD CHESHIRE DR ED G E W O O D L N AR R I N G T O N C T AV O N D A L E D R ST A L B A N S C I R MEADOWVIEW CT C HIM N E Y R O C K C T MILL VALLEY DR W W A N D E R I N G W A Y KINGS CT BRIDGE ST ARBOR GATE LN DO G W O O D C T SHADOWOOD TRL ROSEBROOK QU I L L I N C T BEHRENS RD SAPPHIRE CIR S NORTH HAVEN DR ALLENDALE ST MAJ GRAND OAK CT AV A L O N D R TH O M A S S T SWEETBRIAR LN BOWDEN HILL LN E LANSFORD LN FORD DR JUNIPER CT EU D A L Y D R HI G H G R O V E C T STAFFORD DR R O S S D O W N S D R QUEENSBURY WAY E ROSE ST B R I A R C L I F F C T S H A D Y W O O D L N LAKESIDE CT TA R L E T O N C T MILL CREEK DR WINDERMERE CT PE M B R O O K E P K W Y S MU L B E R R Y C T HA R D A G E L N LA U R E L O A K S L N PO P L A R C T E SCARBOROUGH LN W ROBERTS RD BENEDICT HILL LN CLEARW ATER CT HA L L J O H N S O N R D TI N K E R R D SU M M E R T R E E L N WO O D B I N E D R C O L L E Y VIL L E B L V D HIGHLAND HILLS LN SAN BAR LN PR I N C E M E A D O W D R WH I T E H A V E N D R N KINGSWOOD LN CHINQUAPIN DR HA L L J O H N S O N R D MAPLE LN HIDDEN OAKS DR PATTERSON LN CO L L E Y V I L L E T E R M E A N D E RIN G W A Y SADDLEBROOK DR LLOYD CIR MILL CROSSING E CA S A W A L K P R I O L E C T ST E M I L I O N C T TAMBLEWOOD DR JA CKSO N RD GA T E H O U S E C T BR I A R W I C K L N S P R I N G H O L LO W S T HUNTINGTON CT P DU R H A M D R OA K P O I N T E D R PARK CT TREEMONT CT PEMBROOKE PKWY W PRIVATE ALY CHELSEA DR K E N N E D Y D R B U C KI N G H A M P L JIM MITCHELL TRL W BA K E R C T GLADE CREEK DR REVERCHON CT RUTH RD BRAZOS CT OPAL ETHRIDGE PKWY CA M D E N C T SH E N A N D O A H P L RONNA CT KENSHIRE DR BR I D L E W O O D C T O A K KN O L L D R SYCAMORE CT CO L D E N C T CT YORK DR CRESTHAVEN DR PRESTWICK DR QU E E N S B U R Y W A Y W EDINBURGH DR MELANIE DR PO P L A R L N A M B L E S I D E D R TI M B E R L I N E D R S ED G E W A T E R C T SHEPHERDS GLN WELLINGTON DR OL D G L A D E R D GLADE RD MARTIN PKWY BE V E R L Y D R PECAN CROSSING DR B R O W N T R L MAPLEWOOD TRL HOLIDAY DR MIL L H A V E N D R EMERALD DR WESTBURY DR WO O D M O O R L N R LE Y T O N G R O V E L N HE A T H E R G L E N N C T ST R A T T O N C T FELPS DR FALLBROOK CT DERBY DR JACKSON RD AU T U M N O A K S ROCKBROOK CT BUTLER CT WIT T E N D R VE R A N D A L N H E A T H E R M O R E CO P P E R G L E N C I R RID G E T R L RIVERWALK DR BO W D E N H I L L L N N ROSEBRIAR LN OA K K N O L L D R CH E R R Y L N GREEN MEADOW W TE R R A C O T T A W A Y AR R I N G T O N G R N VINES CT BROOKE D WO O D B R I A R L N COACHMAN LN OAK TIMBERS CT MEADOWHILL DR SU E L L E N C I R MEADOWVIEW DR STRATHMORE TER WA T E R F O R D L N BA L L A N T R A E D R V A L L E Y V I E W D R N FR A N C E S L N S T O N E H A V E N D R CHARLESTON DR M E L R O S E P A R K C T BUGLE LN A R M ST R ONG C T GR O S V E N O R G R N O P A L C T TA R R A N T L N WALLER LN S C T GR E E N B R I A R L N STRAIGHT LN ORCHARD HILL CT MEADE DR S U M M E R T R E E C T BELDON TRL LAN T C T CL E A R L A K E C T E O A K V A L L E Y D R RFA L L C T PLEASANT RUN RD SHADOWOOD RD COLLEYVILLE BLVD MONTFORD DR AN OAKS DR AL E X A N D R A C T WE X F O R D C T W I N D V I E W D R GR O S V E N O R L N COVENTRY PL MARTIN DR RE G I N A C T WILDWOOD CT HU N T E R S GL E N C T CH U R C H S T HARDAGE CIR D U N D E E C T PEMBROOKE PKWY N TY L E R S T CR O S S G A T E C I R S FO X M E A D O W S D R IN D U S T R I A L B L V D HIGH GATE CT POOL RD MILL VIEW DR CUTTER RIDGE CT L D L O C K E T T R D RA M S G A T E C T VALLEY VIEW DR W JO WILL ST CREEKSIDE CT SOUTH DR MANNING DR BEDFORD CT BLUEBONNET DR DE L M A R C T WAYCROSS WINDSOR CT JA C K S O N C T Le g e n d cp a r c e l s t a d 1 2 AG A g r i c u l t u r a l CC - 1 V i l l a g e R e t a i l CC - 2 S h o p p i n g C e n t e r CC - 3 H i g h w a y C o m m e r c i a l CN N e i g h b o r h o o d C o m m e r c i a l CP 0 P r o f e s s i o n a l O f f i c e ML L i g h t M a n u f a c t u r i n g PU D - C P l a n n e d U n i t D e v e l o p m e n t , C o m m e r c i a l PU D - R P l a n n e d U n i t D e v e l o p m e n t , R e s i d e n t i a l R- 1 0 S i n g l e F a m i l y R e s i d e n t i a l ( 1 0 , 0 0 0 s q . f t . m i n ) R- 1 5 S i n g l e F a m i l y R e s i d e n t i a l ( 1 5 , 0 0 0 s q . f t . m i n ) R- 2 0 S i n g l e F a m i l y R e s i d e n t i a l ( 2 0 , 0 0 0 s q . f t . m i n ) R- 3 0 S i n g l e F a m i l y R e s i d e n t i a l ( 3 0 , 0 0 0 s q . f t . m i n ) R- 4 0 S i n g l e F a m i l y R e s i d e n t i a l ( 4 0 , 0 0 0 s q . f t . m i n ) R- M F M u l t i - F a m i l y R e s i d e n t i a l RD T w o F a m i l y R e s i d e n t i a l RE S i n g l e F a m i l y ' E s t a t e ' R e s i d e n t i a l Ci t y L i m i t _ T A D _ 2 0 1 2 Ü RM F RM F RM F RD RD RD RD RD Zo n i n g D i s t r i c t E x h i b i t Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 33 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P P P S 8 3 Duplex – Attached Dwelling P 8 2 Townhome – Attached Dwellings P 8 4 Multi-family – Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD only 2 17 Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities P P P P P P P P 9 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec. 3.27 n.a. Carport S S S S S S S S S Sec. 3.27.C n.a. Home Occupations Uses P P P P P P P P P 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming P P n.a. Livestock raising and breeding P P 12 n.a. Private horse stables for domestic use P P P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Proposed Changes to the Schedule of Permitted Principal Uses ORDINANCE O-13-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 - SCHEDULE OF PERMITTED PRINCIPAL USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 on January 16, 2007, by enacting Ordinance O-07-1607 relating to Chapter 3 Land Use, Section 3.24 – Schedule of Permitted Uses, and Section 3.29 – Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 and O-07- 1607 on September 4, 2007, by enacting Ordinance O-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 3.24 – Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 and O-07- 1607 on September 4, 2007, by enacting Ordinance O-08-1656 relating to Chapter 3 Land Use, Section 3.24 – Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 and O-07- 1607 on September 4, 2007, by enacting Ordinance O-12-1838 relating to Chapter 3 Land Use, Section 3.24 – Schedule of Permitted Uses of the Land Development Code; 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 by amending the Schedule of Permitted Uses; and Ordinance O-13-XXXX Page 2 of 4 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 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 consideration to, among other things, the character of the 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 the property 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. Ordinance O-13-XXXX Page 3 of 4 Sec. 2. THAT Chapter 3 Land Use, SECTION 3.24 - SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “A”. Sec. 3. THAT Ordinance O-00-1214, O-07-1607, O-07-1633, O-08-1656, and O-12-1838 of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. 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. 5. 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. 6. 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. 7. 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. The first reading and public hearing being conducted on the 7th day of May 2013. The second reading and public hearing being conducted on the 14th day of May 2013. Ordinance O-13-XXXX Page 4 of 4 PASSED AND APPROVED by the City Council of the city of Colleyville, Texas, on this the _________ day of ________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 33 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P P P 8 3 Duplex – Attached Dwelling P 8 2 Townhome – Attached Dwellings P 8 4 Multi-family – Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD only 2 17 Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities P P P P P P P P 9 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec. 3.27 n.a. Carport S S S S S S S S S Sec. 3.27.C n.a. Home Occupations Uses P P P P P P P P P 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming P P n.a. Livestock raising and breeding P P 12 n.a. Private horse stables for domestic use P P P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 34 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities P P P P P P P P P P P P P P P 8 Fire Stations / Police Stations P P P P P P P P P P P P P P P 16 Golf Courses – Public Owned P P P P P P P P P P P P P P P 22 Government Maintenance Facilities P P P P P P P P P P P P P P P 25 Libraries P P P P P P 9 Museums P P P P P P 8 Post Office P P P P P P P P P P P P P P P 10 Parks and Open Space Areas P P P P P P P P P P P P P P P 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools – Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools – High School S S S S S S S S S S S S S S S 14 Public Schools – Elementary and Secondary P P P P P P P P P P P P P P P 13 Public Schools – High School P P P P P P P P P P P P P P P 14 Religious Institutions P P P P P P P P P P P P P P P 18 F. OFFICE USES Accountant’s Offices P P P P P 8 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 35 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Advertising Agencies P P P P P 8 Attorney Offices P P P P P 8 Chiropractic Clinics P P P P 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, Architect’s, and Surveyor’s Offices P P P P P 8 General Business Offices not elsewhere listed P P P P P 8 Insurance Agencies P P P P P 8 Management and Public Relations Services Offices P P P P P 8 Optometrist Office P P P P 8 Psychologist Offices P P P P P 8 Physician’s or Dentist’s Offices P P P 5 7 Real Estate Agency Offices P P P P P 8 Security Broker Offices P P P P P 8 Telemarketing Offices P P P 5 Title Abstract Offices P P P P P 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices P P P P P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption S S S 13 n.a. Alcoholic Beverage Sales – On-premises Consumption S S S 13 n.a. Package Store Sales – Off-premises Consumption S S S 13 n.a. Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores P P 7 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 36 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Apparel and Accessory Stores P P 7 Arts and Crafts Stores and Hobby Shops P P 7 Bakery Stores P P 7 Banks, Credit Unions and Financial Institutions P P P 8 Barber Shops, Beauty Shops and Day Spas P P P 10 7 Bicycle Shops P P 7 Book, Stationary or Greeting Card Shops P P P 7 Camera or Music Stores P P 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P 7 Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P 7 Dance Studios and Martial Arts Studios S S P P 7 Day Care Centers S S S S S 17 11 Department Stores P P 7 Dry Cleaner Pick-up Stations S P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) P P 7 Equipment Rental and Leasing Stores S P 7 Florist Shops P P P 7 Food Catering P P 8 Funeral Homes S S S 24 Furniture and Appliance Stores P P P 9 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 37 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Grocery Stores P P 18 7 Hardware, electrical & plumbing w/o outside display P P P P Hardware , electrical & plumbing with outside display S P P Hospitals S S S 24 Hotels and Motels P P 19 Interior Decoration Stores P P P P 7 Jewelry Stores P P P 7 Locksmiths S S P P 8 Mailing and Shipping Stores P P P P 7 Meat or Fish Market P P P 7 Nurseries and Greenhouses with outside display S P P 16 Pawn Shops P 7 Pet Stores P P 7 Pharmacy S P P P 7 Photography Studios P P P P P P 8 Purchasing and/or resale of precious metals including jewelry, gem stones, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas S S S 7 Restaurants, Cafes and Cafeterias P P P 5 Restaurants with drive-in or drive-thru service P P 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 38 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Shoe Repair Shops P P P P 8 Tailor and Alteration Shops P P P P 8 Veterinarian Clinic with indoor kennels P P P 4 8 Veterinarian Clinic with outdoor kennels S P P 8 Video Rental and Sales Stores P P P 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code of Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers P P P 7 Golf Courses – Privately Owned P P P P P P 22 Golf Driving Ranges P P 22 Miniature Golf Courses P P 20 Roller or Ice Skating Rinks S S 24 Theaters P P 7 18 I. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores P P P 13 7 Auto Lube Shops S P P 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 39 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R40 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Auto Parts and Accessory Stores P P P 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops P P 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Building Material Sales with outside storage S P 7 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 40 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard P P 8 Electronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing P 25 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops P P 8 Warehouse and Distribution Facilities S 24 Wood, Paper or Leather Products P 25 Manufacturing not elsewhere listed S 24 Welding or Machine Shop P 25 Exhibit "A"