HomeMy WebLinkAboutOrdinances (O-06-1564)-02/21/2006
ORDINANCE 0-06-1564
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 4.0 ACRES OUT OF THE G.W.
MINTER SURVEY, ABSTRACT 1034, FROM THE AG-AGRICUL TURAL AND CN-
NEIGHBORHOOD COMMERCIAL DISTRICTS TO THE PUD-C-PLANNED UNIT
DEVELOPMENT-COMMERCIAL DISTRICT; PROVIDING FOR A PENALTY FOR
VIOLATIONS AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning change was filed by Riverwalk Development on
November 18, 2005, under Case No. Z-05-035; 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
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.
Ordinance 0-06-1564
Page 2 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
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 changing the zoning on a
4.0 acre parcel of land situated in the G.W. Minter Survey, Abstract 1034,
from the AG-Agricultural and CN-Neighborhood Commercial zoning
districts to the PUD-C-Planned Unit Development-Commercial zoning
district, as depicted on the attached Zoning and Location Map, labeled as
Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B".
THAT the Official Zoning Map of the City of Colleyville be amended to
incorporate the zoning change approved herein.
THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUD-C is for an office campus containing not more
than seven (7) building lots with two (2) open space lots.
b. This property is subject to all the regulations contained in the Colleyville
Land Development Code, except where amended by this Ordinance.
2. CONCEPTUAL PLAN AND PLATTING
a. The development shall be generally consistent with the Conceptual
Site Plan, labeled as Exhibit "C", which shall not be considered the
preliminary plat.
b. The development shall be generally consistent with the Conceptual
Site Plan, labeled as Exhibit "C"; however the distribution and total
number of parking stalls may differ from that shown on Exhibit "C".
The required number of parking stalls per lot will be in direct relation
to the land use of the lot, per the Land Development Code.
However, the combined total number of parking stalls for all seven
lots shall not exceed 182 parking spaces, provided that any joint
parking agreement used to satisfy a parking deficiency shall be
limited to 10% of the number of parking spaces required. Where
lots have an insufficient number of parking stalls to accommodate
the land use, a joint parking agreement will be required.
C. The development shall be generally consistent with the Conceptual
Ord inance 0-06-1564
Page 3 of 5
Site Plan, labeled as Exhibit "C"; however the total building square
footages of all buildings per lot may differ from that shown on
Exhibit "C", provided that the total building square footage for the
entire development shall not exceed a total of 34,000 square feet.
d. The development shall be generally consistent with the Conceptual
Site Plan, labeled as Exhibit "C"; however the lot layout may differ
from that shown on Exhibit "C" to accommodate topographic,
drainage or other conditions.
e. The developer shall submit and receive approval from the City of
Colleyville a Preliminary and Final Plat in accordance with the
requirements of the Land Development Code prior to development
of this PUD-C.
3. PERMITTED USES
a. Medical office
b. General office
c. Beauty/barber salon
d. Open space
4. NONRESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Nonresidential lot requirements and building line setbacks established by
the Conceptual Site Plan, labeled as Exhibit "C", shall control where such
building line setback is different from the Land Development Code.
5. OPEN SPACE
a. This development shall provide a minimum of 30% common open
space, as shown on Exhibit "C". All open space areas shall be
landscaped and maintained by the Property Owner's Association.
b. The open space areas on Lot 8 and Lot 9 of this PUD-C may be utilized
for storm water detention.
C. Paved open patio areas, containing no roof structures may be provided
within the 20-foot buffer along the north side of the development.
6. PHASING
a. This project may be developed in phases, provided that the
construction of both entrances off of Glade Road, the main fire lane
loop and the parking stalls adjacent to the fire lane, both detention
areas (Lots 8 and 9), all storm drain facilities, all water and sewer
facilities stubbed to each lot, complete landscaping of the 40-foot Glade
Road setback and both detention areas, and the perimeter fencing will
be completed prior to the issuance of any Certificate of Occupancy for
any lot as a part of Phase I.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Ordinance 0-06-1564
Page 4 of 5
7. SIDEWALKS AND PATHWAYS
a. A 10-foot wide trail will be constructed along Glade Road. Trails and
sidewalks shall be constructed in accordance with the requirements of
the Colleyville Land Development Code.
8. PERIMETER FENCING
a. A six (6) foot tall woodcrete or stonecrete fence shall be constructed on
the west, north and east property lines.
9. OTHER
a. The minimum building site design score shall be 25 points, in
accordance with the CPO-Professional Office zoning district.
b. Any ponds used for stormwater detention in an open space lot must
contain a minimum of one (1) aeration device, such as a fountain,
waterfall or underwater device, which shall be approved by the City of
Colleyville Engineering Department.
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
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.
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.
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.
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 0-06-1564
Page 5 of 5
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~ day of
. fM..I~~_2006.
The second reading and public hearing being conducted on the o.2/ij'day of
2006.
ATTEST:
DENIED FEBRUARY 21, 2006.
CITY OF COLLEYVILLE
/
/
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
/
Matthew C. G. Boyle
City Attorney
Exhibit A - Zoning and Location Map
U
NORTH
Site AG
Exhibit B - Metes and Bounds Description
FIELD NOTE DESCRIPTION
ALL of that certain tract Of parcel of land situated in the G. W. MINTER SURVEY~
ABSTRACT NO. 1034, Tarrant COlmty. Texas and being the same tracts as described in
Deed to Derek Neubauer as recorded in Volum.e 16782, Page 9 of the Deed Records,
Tarrant County, Texas, and also being that same tract as described in Deed to Ben F.
GoocJrum" and" wife WlnrioleeGoodrtim as recorded in VolUme 4814, Page 769 of said.
Deed Records and being more particularly described by metes and bounds as follows:
BEGINNING at a 3/8 inch steel rod found for the northwest comer of said Neubauer
trac~ being the inter ell comer of a tract described in Deed to Annie Orene Rogers as
recorded in Volmne 4839, Page 728 of said Deed Records;
TIffiNCE North 66 degrees 59 minutes 41 seconds East with the northerly boundary of
said Neubauer tract, a distance of 186.39 feet to a 3/8 inch steel rod found for the
northeast comer thereof, being tbe northwest comer of said Goodrum tract;
TIlENCE North 71 degrees 42 minutes 04 seconds East with the northerly boundary line
of said Goodrum tract a distance of 205.27 feet to a 60D nail found for the northeast
comer thereof;
THENCE South 05 degrees 59 minutes 24 seconds East with the westerly boundary line
of a tract described in Deed to Horace Freeman Maples and wife Lyla Faye Maples as
recox:ded in Volume 4406, Page 503 of said Deed Records, and the easterly bowulary line
of said Goodrum tract, at a distance of 470.76 feet passing a 1/2 inch st~l rod with cap
stamped "BRITTAIN & CRAWFORD" found in the apparent northerly right-of-way line
of Glade Road, in all a distance of 521.25 feet;
TIIENCE South 89 degrees 06 minutes 44 seconds "West with said Glade Road, a
distance of214.04 feet;
TItENCE WEST continuing with said Glade Road, a distance of 183.00 feet;
THENCE North 03 degrees 32 minutes 55 seconds West with the westerly boundary line
of said Neubauer tract, at a distance of 50.78 feet passing a 1/2 inch steel rod with cap
~ped "BRITTAIN & eRA WFORD" found in the said awarent northerly right-of-way
line of said Glade Road, in all a distance of 385.33 feet to the PLACE OF BEGINNING
and containing 4.0631 acres afland, more or less.
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Exhibit C -Conceptual Site Plan
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