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HomeMy WebLinkAboutOrdinances (O-14-1942)-01/20/2015 ORDINANCE 0-14-1942 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.94 ACRES IN THE ELIZABETH COX SURVEY, ABSTRACT 352 LOCATED AT 5200 STATE HIGHWAY 121 FROM THE CC-2- SHOPPING CENTER ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC14-024; 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 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 Ordinance 0-14-1942 Page 2 of 7 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; and WHEREAS, all legal prerequisites for the passage of this ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, City Council has found the passage of this ordinance serves the best interests of the health, safety, and welfare of the public. 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 1.94 acres in the Elizabeth Cox Survey, Abstract 352 located at 5200 State Highway 121, from the CC-2- Shopping Center zoning district to the PUD-C-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A", described legally in the attached Exhibit "B", described in Exhibit "C" and depicted on Exhibits "D", "E", and "F". In the case of any conflict between these Exhibits and the text of this Ordinance, the text of this Ordinance shall prevail and apply. 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. Permitted uses shall be limited to a hotel as permitted herein. b. The proposed development is subject to all the regulations Ordinance 0-14-1942 Page 3 of 7 contained in the Land Development Code, except as amended by this ordinance. c. Prior to the issuance of any building permit, a plat of the subject property shall be submitted, approved, and filed with the Tarrant County Clerk. d. The layout of the building, driveways, and parking on the property shall be generally consistent with Exhibit "D". 2. BUILDING AND SITE COMPLIANCE PROVISIONS a. The building shall comply with the provisions of Chapter 6- Commercial Design Standards in the Land Development Code and shall be generally consistent with Exhibit "E". b. A minimum of 20 percent of the site shall be landscaped and a minimum of ten (10) percent of the street yard between the building and SH121 shall be landscaped as shall be generally consistent with Exhibit "F". Otherwise, all landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. c. The hotel shall be exempt from the requirement that a restaurant be located on the site/building. The hotel shall include an indoor pool and at least five hundred (500) feet of conference space. d. The maximum height of the building shall not exceed five stories and 66 feet in height as shown in Exhibit "E". e. The building shall be placed as shown on Exhibit "D". The front yard setback to the main structure of the building, not including the porte cochere, shall be a minimum of 82 feet and the south side yard setback shall be a minimum of 39 feet. f. A minimum of 93 parking spaces shall be provided on the subject property. g. The maximum number of guest rooms shall be 91. Ordinance 0-14-1942 Page 4 of 7 h. An exemption is hereby granted to Section 5.9 of the Land Development Code governing the minimum tree preservation requirements on the subject property. i. Prior to the issuance of the Certificate of Occupancy, a fence shall be constructed along the entire southern property line generally consistent as shown on Exhibit "D". Said fence shall be constructed as follows: a six (6) foot tall wrought iron fence with masonry columns beginning at the southeastern property line, connecting to a an eight (8) foot tall solid masonry fence of approximately 230 feet in length, connecting to an eight (8) foot tall wrought iron fence with masonry columns continuing to the southwest property corner. j. Prior to the issuance of the Certificate of Occupancy, an emergency access gate shall be constructed on the southwest portion of the subject property and located across the entire width of the access drive that links the subject property to the adjacent property to the south. Said gate shall be located entirely on the subject property within an emergency access easement, and shall meet all Requirements of the Land Development Code with final approval of said gate required by the Fire Marshal. k. Prior to the issuance of the Certificate of Occupancy, an eight (8) foot tall masonry screen wall shall be constructed along the entire western property line generally consistent as shown on Exhibit "D". I. All site lighting shall be shielded and not oriented towards the southern property line. m. Required tree mitigation of the subject property shall be planted on the site of the subject property and may be planted on adjacent properties, with the permission of the property owner. Tree mitigation plantings shall be planted prior to the issuance of the Certificate of Occupancy. Should an adjacent property owner not provide authorization for planting, the subject property shall pay the applicable tree mitigation fee to the City. Except as otherwise specifically provided for herein, no other exemption or waiver to Chapter 5's tree preservation Ordinance 0-14-1942 Page 5 of 7 requirements is granted. 3. MINIMUM HOTEL STANDARDS a. The hotel shall comply with all provisions of Ordinance 0- 98-1088. b. The hotel shall furnish customary hotel service, including but not limited to laundry service, linen service, telephone, maid service, use of and up-keep of furniture. c. The hotel shall maintain a register of guests, however, no guest shall be registered for more than thirty (30) consecutive days. d. Guest rooms shall not be used in any form or manner as a permanent residence. e. The use of exterior corridors on any exterior facade of the building shall be prohibited. Exterior access to guest rooms shall only be permitted for rooms facing a courtyard that is enclosed on four sides by the hotel building. f. Outdoor recreational facilities such as swimming pools, sports courts, and playgrounds shall be located behind the building, or if located on the side of the building shall not be forward of the front building elevation that is closest to the street. The facility must be screened from view of public rights-of-way by fencing, landscaping, or a combination of these. Wood or chain link fencing shall not be permitted. g. The city manager or his/her designee shall have the authority to require that the establishment obtain a separate administrative license to operate as a hotel in the City. Said license may require periodic renewals and/or inspections in order to enforce compliance with all applicable codes, including this ordinance, in addition to other requirements that promote the health, safety, and welfare of the community. Ordinance 0-14-1942 Page 6 of 7 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. 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 2nd day of December 2014. The second reading and public hearing being conducted on the 16th day of December 2014. A third public hearing being conducted on the 6th day of January, 2015. A fourth public hearing being conducted on the 20thday of January, 2015. Ordinance 0-14-1942 Page 7 of 7 PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the c:20`6 day of daiitut 2015. ATTEST: CITY OF COLLEYVILLE il ,,,...., , , Am helley, ' MC David Kelly OP i _ City Secretary Mayor -- APPROVED AS TO FORM AND LEGALITY: -Tsrlto,i4c ,1-1 R., Matthew C. G. Boyle - City Attorney Exhibit “A”” – Locaation a and Zonning Map EExhibitt “B” –Legal D Descripption Exxhibit ““C” - Sttatemeent of P Planninng Objeectivess Exxhibit ““C” - Sttateme C ent of P Cont. Planninng Objeectivess Exxhibit ““C” - Sttateme C ent of P Cont. Planninng Objeectivess Exhhibit “DD” – Si ite Plann Exxhibit ““E” – BBuilding g Elevaations Exhibiit “F” –– Landsscape PPlan