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HomeMy WebLinkAboutOrdinances (O-14-1921)-08/19/2014 ORDINANCE 0-14-1921 AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCE 0-94-950; BY AMENDING THE OFFICIAL ZONING MAP ND CHANGING THE ZONING ON 2.88 ACRES OF LOTS 1 AND 2, BLOCK 1 OF THE PECAN GARDENS ADDITION, FROM THE PUD-C- PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO HE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE UM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE HEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC14-008; and. HEREAS, Ordinance 0-94-950 is hereby repealed in its entirety; and HEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the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 HEREAS, 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 HEREAS, 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 HEREAS, 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 HEREAS, 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 0-14-1921 Page 2 of 4 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 2.88 acres of Lots 1 and 2, Block 1, Pecan Gardens Addition, from the PUD-C-Planned Unit Development Commercial Zoning District to the PUD-C-Planned Unit Development Commercial Zoning District, as depicted in Exhibit "A Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinance 0-94-950 is hereby repealed in its entirety. Sec. 5.. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL AMENDMENTS a. Permitted uses shall be limited to Professional and General Office as permitted in the CPO-Commercial Professional Office zoning district. b. All new buildings must comply with the provisions of Chapter 6-Commercial Building Design in the Land Development Code. Ordinance 0-14-1921 Page 3 of 4 c. This development, including the use of land and the layout of the buildings on the property shall be generally consistent with Exhibits "B" and "C". d. A building within 100 feet of the western edge of the property may not be more than one story in height, nor more than 16 feet tall at the roof eaves, nor more than 30 feet tall at the highest point of the roof. e. No window built above the first floor may openly face the residential developments on the western or northern edges of the site. f. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this ordinance. 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. 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 all provisions of the Land Development Code shall remain in full force and effect, except where amended herein. 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. Ordinance 0-14-1921 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15th day of July 2014. The second reading and public hearing being conducted on the 19th day of August 2014. PASSED AND APPROVED by the ity Council of the City of Colleyville, Texas, on this the Ng" day of u5- 2014. -=ATTEST: CITY OF COLLEYVILLE ■ 41- • Aar " Amy •.j elley, PVC David Kelly � ' City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: -ft 01 (?, Matthew C. G. 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R U.E. 2'75.88'N88°36'21"W — `..„.. 57!,077 R, '∎ EXISTING ' .0 LOT: 2 BLOCK: I BLDG. #5 ; W "I EXISTING 'm ' '�' ' `i BLDG. #3 / '� ' off,j • w EXISTING / BLDG. #4 /a-• • , j � ' 6::::Jx ill / /• o -crli — ` / n / ,o I / Y EXISTING �,' EXISTING BLDG. #1 / , K �� �‘ BLDG. #2 ( T - - // Fes. !" 1 L. IO�D.U.E. ,/ _ / — 588°35'06"W 289.21' Exhibit "C" Statement of Planning Objectives PECAN GARDEN ESTATES DEVELOPMENT REVIEW COMMITEE RE; ZC14-008 PUD AMENDMENT 6220-6230 COLLEYVILLE BLVD (1) ADDITIONAL CONSTRUCTION OF TWO GENERAL OFFICE BUILDINGS ON LOT ONE BLOCK ONE PECAN GARDENS WITH ADDITIONAL PARKING AREA, (2) THIS LETTER AND TEN FULL SIZE AND ONE 8.5 X 11 SITE PLANS HAVE BEEN SUBMITTED AS PER YOUR REQUEST. . 1&eU 44//y. THOMAS D.ADAIR