HomeMy WebLinkAboutOrdinances (O-13-1876)-06/18/2013 ORDINANCE 0-13-1876
AN ORDINANCE AMENDING ORDINANCE 0-09-1725 CONDITIONS
AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE
ZONING ON LOT 5, BLOCK 3, SOUTHGATE ADDITION FROM THE R40-
SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-C-PLANNED
UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE
VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-09-1725 on August 18,
2009, to establish the zoning of 17.7 acres on Lot 1 and 2,
Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2,
3 and 4, Block 3, Southgate Addition; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-09-
1725 and requests to rezone Lot 5, Block 3, Southgate Addition
so as to incorporate the property into the PUD authorized by
Ordinance 0-09-1725 under Case ZC13-004; 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
Ordinance 0-13-1876
Page 2 of 7
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
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
amending Ordinance 0-09-1725.
Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning of Lot 5, Block 3, Southgate Addition from
the R40-Single Family Residential District to the PUD-C-Planned
Unit Development Commercial District, as depicted in the
attached Exhibit "A".
Sec. 4. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 5. THAT the above described tract of land shall be subject to the
following conditions:
Ordinance 0-13-1876
Page 3 of 7
1. SITE PLAN AND PLATTING
a. The development of this property shall be generally
consistent with Exhibit "B" and Exhibit "C".
b. Prior to the issuance of any building permit involving Lot 5,
Block 3, Southgate Addition, a replat of the subject
properties must be submitted and approved such that Lot 5,
Block 3, Southgate Addition is incorporated into the
Covenant Christian Academy Addition.
2. PERMITTED AND PROHIBITED USES
a. Section 5(3)3 of Ordinance 0-09-1725 is deleted and is
replaced with the following:
Private elementary, secondary, and high school not to
exceed 855 students total.
3. BUILDINGS AND SITE PLAN APPROVAL
a. This section shall repeal Section 5(4)a of Ordinance 0-09-
1725. The following buildings shall be allowed as described
below and depicted and described on Exhibits "B" and "C".
1. Addition of 42,400 square feet to the secondary school
building (Redeemer Hall)
2. Addition of 27,000 square feet to the administration building
(Nissi Hall)
3. Addition of a 50,000 square foot gymnasium
4. New baseball stadium and parking garage
5. Expansion to existing football/soccer field
6. All buildings and improvements existing on the date of
adoption of this Ordinance within the boundaries of this PUD-
C-Planned Unit Development Commercial District
7. New 40,000 square foot, two-story church facility on the
western portion of Lot 1R, Colleyville Presbyterian Church
Addition on the Planned Unit Development Property
b. Prior to construction, the baseball stadium, baseball lighting,
parking garage, expansion to the existing football/soccer
field shown above and football/soccer field lighting shall
require the approval of a detailed site plan and building
Ordinance 0-13-1876
Page 4 of 7
elevations. The detailed site plan submission shall, at a
minimum, meet the requirements of Section 3.23 3.K.6. of
the Land Development Code, be consistent with this
Ordinance, and may also be required to show additional
conditions provided in Section 3.23 M. b. of the Land
Development Code. Further, such detailed site plan(s) shall
be considered as a legislative approval, subject to the sole
discretion of City Council upon the recommendation of the
Planning and Zoning Commission.
c. All buildings shall, at a minimum, meet the building design
and masonry requirements of Chapter 6-Building Design in
the Land Development Code.
4. PARKING
a. Prior to the final inspection of any building expansion or
construction described Section 3, there shall, at a minimum,
be adequate on-site, off-street parking spaces provided to
accommodate the maximum enrollment of 855 students.
b. Section 5(6)a of Ordinance 0-09-1725 is hereby deleted.
5. LANDSCAPING AND BUFFERING
a. The development shall provide a minimum of 35 percent of
open space. This section shall replace and supersede
Section 5(8)a of Ordinance 0-09-1725.
b. Section 5(8)c of Ordinance 0-09-1725 is hereby deleted.
c. Prior to the final inspection of the construction of the new
baseball stadium, there shall be a minimum of 360 caliper
inches of trees planted on the subject property. Prior to the
final inspection for any building construction authorized by
this ordinance, there shall be a minimum of 270 caliper
inches of trees planted on the subject property. All new
trees planted within this development, whether required or
not, shall be a minimum of four (4) inches in caliper width.
At its election, the property owner may cause or pay for new
trees of a minimum of three (3) inches in caliper width to be
planted adjacent to the Planned Unit Development District on
the residential lots in neighboring Bedford as part of the
' 7
Ordinance 0-13-1876
Page 5 of 7
natural screen between those lots and the uses in the
Planned Unit Development District. The total caliper width in
inches of any such trees planted on the Bedford lots will also
be credited to the total number of caliper inches of trees
required in the PUD Planned Unit Development District.
d. All landscaping within this development shall meet the
minimum requirements of Chapter 4-Landscaping and
Buffering in the Land Development Code, except where
amended herein.
6. FENCES AND SCREENING
a. Section 5(10) of Ordinance 0-09-1725 is hereby deleted.
b. All required screening shall meet the minimum requirements
of the Land Development Code
7. LIGHTING
a. Section 5(7)b of Ordinance 0-09-1725 is hereby deleted.
b. Baseball Field Lighting Use Restrictions
1. No field lighting may be installed prior to approval pursuant
to the provisions of Section 5(3)b.
2. No field lighting is permitted after 9:30 p.m. on Monday
through Thursday and 10:30 p.m. on Friday and Saturday
evenings, however field lighting may be extended one hour
past these establish curfews on not more than 5 events per
calendar year if the event was originally scheduled to end
prior the normal curfew and could not reasonably be
completed.
3. No field lighting is permitted on Sundays.
4. Field lighting may not extend past 9:30 p.m. on any more
than 20 nights in one calendar year.
c. Football/Soccer Field Lighting Use Restrictions
1. No field lighting is permitted after 10:30 p.m., provided,
however, that field lighting may be extended one hour past
normal curfew on not more than 6 events per calendar year
Ordinance 0-13-1876
Page6of7
if the event was originally scheduled to end prior to normal
curfew and could not reasonably be completed.
2. No field lighting is permitted on Sundays.
3. Field lighting may not be used after 9:00 p.m. on any more
than 40 days in any calendar year.
d. Prior to the installation of any lighting for any athletic fields,
a lighting plan that includes all details of the proposed
lighting shall be submitted to the City Council for final
approval.
H. TRAFFIC IMPACT
a. Prior to the issuance of any building permit applied for after
the effective date of this ordinance, either a new or amended
traffic impact analysis (TIA) shall be submitted and approved
by City Council. Said TIA shall, at a minimum, address the
development authorized by this ordinance and depicted in
Exhibit "B".
Sec. 6. 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. 7. 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. 8. 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. 9. 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.
1
Ordinance 0-13-1876
Page 7 of 7
Sec. 10. 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.
Sec. 11. THAT Ordinance 0-09-1725 shall remain in full force and
effect, except where amended by this ordinance.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 4th day of June
2013.
The second reading and public hearing being conducted on the 18th day of
June 2013.
PASSED AND ;PROVED by the city Council of the City of Colleyville, Texas,
on this the le 6 day of ■ (Arun__ 2013.
ATTEST: CIT OF C LEYVILLE
�h
Am helley Taylor
Ta for
City Secretary Mayor Pro Tem
APPROVED AS TO FORM AND LEGALITY:
" .
Matthew C. G. Boyle
City Attorney
Exhibit "A" -Location and Zoning Map
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Exhibit "B" - Statement of Planning Objectives
Supporting Documents:
Statement of Planning Objectives:
Covenant Christian Academy(CCA)and Colleyville Presbyterian Church(CPC)have developed this
campus plan to:
• Provide on-campus structures and athletic facilities projected to meet the foreseeable long-term
needs for the programs of the school and church without acquiring more land
• Develop a comprehensive plan that seeks to eliminate the need for future PUD amendments
and seek approval with the utmost transparency
• Develop facilities that provide tremendous beauty and function for the surrounding community
• Align the School's needs with the City of Colleyville's Master plan
Provide additional ball fields in Colleyville
a Make our southern corner of Colleyville a great destination that positively contributes to
our city's economic development
• Consider and provide reasonable solutions for the concerns of our neighbors in the design of
the campus
The Church moved to her current campus in 1978. The next year the Church developed plans for a
Christian school. Covenant Christian Academy began classes in August of 1980. The Church and school
continued to grow. CCA's first graduating class received their diplomas in 1992. Both the Church and
the school are proud to be long-standing Colleyville institutions. Since that beginning,a large number of
Colleyville residents have become part of the CCA fanily.CCA has repeatedly considered different
campus locations over the last thirty years. More than a dozen sites have been reviewed for some or all
of the needed school facilities over the last fourteen years.Deliberate and considered acquisition of
adjoining property has consistently been our best option. With the approval of the Heritage Farms
senior living project on the only adjoining undeveloped property,CCA must now look to its current
property to meet all of its future facility needs.
In the past,particularly in CCA's prior development and zoning dealings with the City,CCA has been
restricted by limited financial resources,deed restrictions on the former residential lots along Wayne
Drive and uncertainty about the amount of land that would comprise our ultimate campus. Though the
school had a clear identity and goals as an educational institution,these have lacked the necessary land
and physical infrastructure to fully flourish. Additionally,the school has not had the administrative
bandwidth to thoroughly plan in the past. The acquisition of all of the former residential lots on the
west side of Wayne Drive,removal of the former deed restrictions on those lots,growth in financial
resources and consistent institutional growth and maturity has significantly altered these limitations.
CCA's mission is to provide a Biblically based,classical,college-preparatory education that inspires a
passion for excellence,and heart of grace,and the character of Christ. Initiatives founded on this
mission are filtered through a set of core values:
1. Imparting a Distinctively Christian Worldview
2. Employing a Classical,Interdisciplinary Educational Approach
Exhibit "B" - Statement of Planning Objectives (continued)
3. Pursuing the Discipline of Critical Thinking,a Lifelong Love of Learning,and an Understanding of
God's Unique Calling
4. Applying Rigorous Curricular,Instructional,and Character Standards
5. Fostering a Covenant Community Grounded in Truth and Grace
6. Promoting Financial Practices that Honor Biblical Standards of Stewardship
CCA has developed this campus build-out plan so that the physical plant of the school will better
exemplify the quality educational efforts that have long occurred within her walls.
Teams of CCA administrators,teachers,staff members,parents,and students have constructed a
comprehensive list of school's facility uses. The school's campus was then reviewed for the best
possible layout to provide space for these activities. CCA administration has made dozens of revisions to
the documents comprising this application based on the responses from every constituent segment of
the school community,neighbors that reside around the school,city staff and leadership,and several
different architects.
Enrollment at Tull!twill-Or€t
Seven years ago,CCA established a full build-out enrollment goal for the maximum number of students
that the site could accommodate. Confusion about this goal has been connected to which segments of
our program resided on campus. Until three years ago,CCA had leased off-site space for our Pre-
Grammar School. When our lower school,Jireh Hall,was completed,we were able to unite everyone on
a single campus. CCA's current enrollment is 662. CCA's ultimate goal is 855. The detail of this goal is
listed below,which is the maximum enrollment desired by CCA. CCA believes the close-knit familial
environment is a critical component of the education provided. Growing the school beyond this number
negatively impacts the school's ethos.
Grade Level Enrollment Cap
Pre-Kindergarten 3-Year-Olds: 20
Pre-Kindergarten 4-Year-Olds: 40
Kindergarten: 60
Pre-First: 15
r`-12`x'(60 per Grade): 720
Grand Total: 855
Meeting with Neighbors:
In the past,four issues have dominated neighborhood concerns:traffic,drainage,aesthetics,and noise.
CCA wanted to address these concerns to the fullest extent possible,while planning for the facilities
necessary to the school's full program. As a result,the school hosted five meetings with the neighbors
in both Colleyville and Bedford. CCA sent out 2246 invitations. 1312 to Colleyville neighbors and 934 to
Bedford neighbors. Leadership and staff at the cities of Colleyville and Bedford were also invited to
these meetings. CCA's Headmaster and Facilities Director met with the Board of Saddlebrook's Home
Owners Association. CCA also met with the Executive Board of the Colleyville Chamber of Commerce.
Each meeting included a clear exposition of the current campus build—out plan as well as time for
questions and feedback. The resulting feedback was very useful in further modifying the plan. One
Exhibit "B" - Statement of Planning Objectives (continued)
major change,explained below,was a direct result of these meetings. CCA is thankful for the
contribution our neighbors have made to this campus plan.
MUifica€a p C€a ecru
Traffic:
CCA is presently at 78%of full capacity. CCA has room for measured, not dramatic growth. The
proposed campus plan will improve the flow of traffic on Cheek Sparger Road during our drop-off and
pick-up times. The plan significantly increases capacity for internal cueing of traffic. The number of
drop-off points increases and there is an additional lane through campus. There is also a dramatic
increase in parking, The school currently has 218 parking spaces. The plan increases this number to
660,with 604 on the CCA site and an additional 56 on the CPC site. While development codes require
only the parking necessary for a facility's primary use,CCA wants to accommodate parking for the
highest capacity events held on campus,now or in the future. Perhaps,the most impactful element for
mitigating traffic issues is not on campus at all. CCA has willingly participated in the effort to create a
round-about at the intersection of Cheek Sparger Road and Bedford Road. This feature will protect and
facilitate the flow of the road even at peak times.
Drainage:
CCA mitigated drainage issues on the north end of campus during the last phase of construction. The
school's retention pond is attractive,effective,and sustainable. The pond is fed from a well and is used
to irrigate the campus. This maintains the lovely aesthetic. The campus plan calls for two more
retention ponds. These will care for drainage concerns caused by additional rooflines at the currently
undeveloped south end of campus. These efforts combined with the work of Heritage Farms"down-
stream"from CCA should serve to mitigate routine drainage issues.
Aesthetics:
CCA and CPC have both made significant strides over the last five years. The portables that were not
desirable to neighbors,the church,and the school are long gone. Each new facility has brought an
increased regard for beauty. The older facilities have been repainted and remodeled to improve curb
appeal. CCA's campus is now a lovely corner of Colleyville. The school is committed to this continued
effort.
With respect to the plan in this application,lights and looming rooflines were two concerns we heard
from our neighbors. To meet the long-term needs for athletic competition,CCA has an express need for
lighted fields. Colleyville's Master Plan delineates the City's need for additional ball fields. Even the
Colleyville Youth Associations echo this sentiment. In an effort to balance these seemingly oppositional
criteria,CCA has approached the need with the utmost consideration for the potential impact on
neighbors. As a result,CCA is agreeing to zero bleed-over lights for both the baseball and
soccer/football facilities. This technology,while expensive,is impressively effective. These lights cost
about 57%more than traditional lights but they produce the necessary illumination for competition with
zero foot-candles of light at the campus boundary. This effect is true even without the additional buffer
Exhibit "B" - Statement of Planning Objectives (continued)
of trees. The looming roofline concerns have been largely mitigated by a roofless building design for the
soccer/football field. This design blocks direct light from our neighbors while providing a much lower
roof profile. It also provides some environmental relief to spectators.
CCA is assigning significant funds for landscaping. All of the feedback provided to the school has
included the appreciation of trees. The school's landscape plan includes 90 four-inch caliper trees. As
part of this addition,the school has offered to plant live oak trees on 30-foot centers in the back yards of
neighbors that adjoin CCA's campus. CCA will be a largely forested campus. These trees will outline the
campus as a whole and the competition facilities in particular. Ultimately,CCA's campus will
significantly contribute to Colleyville's commitment to provide premier parks,open spaces,and
neighborhood connectivity.
Noise:
The plan includes several components designed to mitigate noise. Some already mentioned are:low
profile roofs that go behind and above spectators on both of the competition fields,additional trees at
the boundaries,and additional buildings that impede the path of sound. The plan also lowers the entire
soccer/football field which will further mitigate noise. The parking structure will effectively put parking
and batting cages underground,which will reduce noise. The sound systems for the competition fields
will not use large speakers hung on poles, but rather small speakers imbedded in the roofline above the
spectator areas or in the rails in front of spectators. These will be directed at the spectators so that the
volume is much lower and noise spill-over is minimized.
Unique Fn i1itic°. ;
A Parking Structure with a Competition Baseball Field Above:
CCA enjoys a significant rise of land on the south end of our campus. The highest point on campus is
toward the southern end of our western boundary line. The topography falls over 30 feet as one moves
to the east. This southwest area is also heavily treed. This environment allowed for a one-level parking
garage with a full competition baseball field on top. The parking is largely hidden from view, recessed
into the hill,and the baseball field is both lovely and sustainable. The state-of-the-art turf field
incorporates recycled water bottles to provide a cooler playing surface that is more enjoyable for
athletes and friendlier to our environment. This design provides more open space while retaining the
forested boundaries. An existing playground is located next to the baseball facilities and under the
trees,allowing children to play in a pleasant and secure setting while parents watch a game. The whole
facility is nestled among the existing trees.
Rootless Building for Soccer and Football Competitions and Track Practice:
CCA had considered a strictly outdoor facility and a fully indoor competition field,but the best option
was not considered until we received feedback from our nearest neighbors. Their concerns about a
looming roofline led to this unique approach. The lights are positioned to eliminate spillage onto
neighboring properties. Smaller speakers will be located to focus sound toward the spectators. The
resulting decibel level is much lower than typical high school facilities. This facility maintains beautiful
open space while still mitigating lights and noise. It will produce a unique facility attractive as an event
destination.
Exhibit "B" - Statement of Planning Objectives (continued)
Development Scheclule
CCA and CPC's campus master plan is comprehensive,carefully designed,and represents a long-term
commitment to the Colleyville community. Given the school's policies on debt,the typical goal for a
capital campaign,and the length of time required to run these campaigns,CCA expects the build-out of
this campus to take 25 years. This schedule can be accelerated if sizable donations come in quickly,but
25 years is a reasonable expectation. The following is a loose projection:
Campus Component Probable Opening
Redeemer Hall Expansion 2017
Parking and Baseball 2022
Soccer/Football Field 2027
Nissi Hall Expansion 2032
Competition Gym 2037
Fine Arts Remodel with Theater 2038
I_ :csa1 a"aic De%e lupment Info;matiom
C A's liepea on the Local Economy;
y.
CCA currently educates 662 students from 426 families. 137 of these families live in Colleyville while
289 families live in the surrounding area. 47 of the Colleyville families moved to Colleyville in order to
be close to CCA. Most of the school's families come to campus twice a day. They regularly shop and
dine at Colleyville businesses. They contribute substantially to the thriving Colleyville economic
community.
CCA employs 103 people. This number does not include stipend coaches or school of the arts
instructors.
Sixteen CCA parents are also Colleyville business owners.
The proposed campus creates the kind of facilities that promote a destination/visitor's economy. The
school's social,academic,artistic,and athletic events are well-attended. A significant number of these
are currently held in other cities because we do not have a campus venue for them.
Pri atc:S boob)and Quality of 1../fe
Premier residential communities are often typified by top-flight private schools. Covenant Christian
Academy is Colleyville's only private school serving Pre-Kindergarten through 12th graders. CCA has a
tremendous reputation and draws new residents to Colleyville.
"I DAD. I aap.act knr lv'ds:
CCA has conducted several TIAs over the years. Cirrus Health recently conducted an extensive study of
the area for their Heritage Farms development which will be situated across Wayne Drive from CCA.
CCA administration has contacted the engineer,Mark Goode,who conducted this most recent study.
He will work with CCA and the City of Colleyville to conduct any supplemental work that is required.
Exhibit "C" - Conceptual Site Plan
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