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HomeMy WebLinkAboutOrdinances (O-05-1550)-10/18/2005 ORDINANCE 0-05-1550 AN ORDINANCE AMENDING ORDINANCE 0-04-1445 OF THE CITY OF COLLEYVILLE, TEXAS, REGARDING SCREENING, PLATTING AND ADDITIONAL USES AUTHORIZED WITHIN THE PLANNED UNIT DEVELOPMENT DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this property is owned by the City of ColleyviIle and the City Council has directed staff to initiate an amendment to the zoning of this property under Case No. Z.05-026; 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 and 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, 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 ColleyviIle, 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. Ordinance 0-05-1550 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. 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. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.2 of Ordinance 0-04-1445 regarding permitted uses to add the following permitted use: m. One bank/financial institution, not to exceed 4,000 square feet of floor area, provided that no certificate of occupancy shall be issued to a bank/financial institution prior to a certificate of occupancy for a sales tax generating retail business with at least 1 ,600 square feet. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.7.a of Ordinance 0-04-1445 regarding screening to read in its entirety as follows: a. The developer of each individual commercial lot shall construct a live evergreen landscape screen where the commercial lot abuts a lot not used for commercial purposes. Said landscape screen shall be not less than six (6) feet in height within two years after planting. This landscape screening requirement shall be in lieu of any other screening requirement contained in the Land Development Code. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.3.c of Ordinance 0-04-1445 regarding platting and site plans by adding the following paragraph: c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall grant a mutual access easement, in accordance with the standards contained in the Land Development Code, across the entire frontage of this property. This platting requirement shall be in addition to any other platting requirements contained in the Land Development Code. 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. 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 Ordinance 0-05-1550 Page 3 of 4 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. Sec. 1 O. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 11. THAT Ordinance 0-04-1445 shall remain in full force and effect, except where amended by this ordinance. Sec. 12. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. T~ first reading and public hearing being conducted on the V~ ~ 2005. T second reading and public hearing being conducted on the kV 2005. ~~ day of /c:f ~ day of ATTEST: f11W Cynthia Singleton, TRM City Secretary APPROVED AS TO FORM AND LEGALITY: ~\n.~ Matthew C. G. Boyle City Attorney Ordinance 0-05-1550 Page 4 of 4 CITY OF COLLEYVILLE tD~~y David Kelly Mayor