HomeMy WebLinkAboutOrdinances (O-15-1971)-10/20/2015 ORDINANCE 0-15-1971
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON .427 ACRES ON LOTS 2, 53, and 54, OF THE VILLAGE AT
COLLEYVILLE ADDITION, LOCATED AT 18, 20, AND 26 MAIN STREET
FROM THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL
ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT
COMMERCIAL ZONING DISTRICT, GENERALLY TO AMEND
ORDINANCE 0-12-1859 TO ALLOW FOR ANGLED PARKING;
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. ZC15-016; 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
Ordinance 0-15-1971
Page 2 of 6
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 .427 acres on Lots 2, 53, and 54, of the
Village at Colleyville Addition, located at 18, 20, and 26 Main
Street from the PUD-C Planned Unit Development Commercial
District to the PUD-C Planned Unit Development Commercial
District, generally to amend Ordinance 0-12-1859 to allow for
angled parking, as depicted in the attached Exhibit "A".
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 remain subject to
the requirements of Ordinance 0-12-1859 as amended by the
following special ordinance provisions as they amend Ordinance
0-12-1859.
Subsection 5. D.12. is hereby amended and replaced as follows:
"12. Landscaping - Lots with street frontage within this planned
unit development shall, at a minimum, meet the requirements of
Chapter 4 - Landscaping and Buffering in the Land Development
Code.
a. The owners of the first floor shall plant and maintain the
storefront planting area (if applicable) along its street
frontage.
b. All sidewalks in the project will have tree planter islands
spaced every thirty to thirty-five feet.
Ordinance 0-15-1971
Page 3 of 6
c. Approved trees shall include trees allowed for planting in
Chapter 4 - Landscaping and Buffering in the Land
Development Code.
d. A minimum of 25% of the building sites shall be required to
install and maintain a 24" wide planting area (at least 8
feet long) in the setback between their building and the
sidewalk. The owners of the ground floor levels of these
buildings shall be required to plant, irrigate and maintain
flowers, vines or shrubs in those areas. In addition, any
roof terraces shall contain at least two irrigated, potted
shrubs or trees.
e. A landscaped buffer with natural openings shall be provided
along the entire length of the northern boundary from City
Park to Pleasant Run Road, in lieu of the masonry
screening wall. Said landscape buffer shall consist of a row
of trees. Trees shall be a minimum of four (4") caliper
inches, spaced at 25' intervals. Trees shall be selected from
the list of approved trees contained in Chapter 4 -
Landscaping and Buffering of the Land Development Code.
Fifty percent of said trees shall be Highrise Live Oaks
(quercus virginiana).
f. In addition, there shall be a minimum five foot tall wrought
iron fence installed along the northern boundary from City
Park to Pleasant Run Road, said minimum five foot tall
wrought iron fence shall also be installed on top of any
retaining wall along the northern boundary line.
g. Existing Bald Cypress trees along the northern edge of
Main Street, between Mission Lane and Pleasant Run Road,
addressed as 18, 20, and 26 Main Street are to be
preserved and maintained by the property owners and
must meet the following standards:
i. Should the trees be removed, destroyed, or critically
altered within three years of the date of issuance of
the building permit for the project at 26 Main Street,
they_ shall be mitigated by replanting the same
number of caliper inches, minimum four-inch caliper
in size, in the landscape islands in the parking area
on Main Street. If additional space is needed for
replanting additional caliper inches in order to meet
mitigation requirements after the landscape islands in
the parking area on Main Street are replanted, the
open space area at the northwest corner of Main
Street and Mission Lane must be utilized.
Ordinance 0-15-1971
Page 4 of 6
ii. The replacement trees shall be of similar size and
species to the existing trees to the best of
availability.
iii. There shall always be one tree, minimum four-inch
caliper in size, in each of the five landscape areas in
the parking along Main Street between Mission Lane
and Pleasant Run Road.
iv. Should the trees, be removed, destroyed, or critically
altered after three years of the date of issuance of
the building permit for the project at 26 Main Street,
they shall be mitigated by replanting the same
number of caliper inches in the landscape islands in
the parking area on Main Street at the time the trees
are removed, destroyed, or critically altered."
Subsection 5. H.1.c. and d. are hereby amended and replaced as
follows:
H. Parking Requirements
"c. Public Parking - Public parking lots and parallel parking
spaces shall be located as shown on the attached Exhibit
"C." All public parking shall be free of charge. Overnight
parking shall be allowed. Any modification to the current
configuration of parallel parking shall be approved
specifically by site plan approval by the City Council.
One said site plan has been approved by City Council and
is attached as an amendment to this ordinance as Exhibit
"C-1."
d. 45 degree angled public on-street parking spaces shall be
allowed along both sides of Main Street, between Village
Lane and Pleasant Run Road and on the north side of
Main Street between Pleasant Run Road and Mission
Lane."
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
Ordinance 0-15-1971
Page 5 of 6
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 5th day of
October 2015.
The second reading and public hearing being conducted on the 20th day of
October 2015.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the day of 2015.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
Ordinance 0-15-1971
Page 6 of 6
APPROVED AS TO FORM AND LEGALITY:
(*l/). (Z"
Matthew C. G. Boyle
City Attorney
Exhibit A -Location and Zoning Map
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