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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 AG 5225 ; uD_ , .' .. 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