HomeMy WebLinkAboutOrdinances (O-06-1560)-04/04/2006
ORDINANCE 0-06-1560
N ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
S HERETOFORE AMENDED; BY AMENDING THE PUD-C DISTRICT CREATED
BY ORDINANCE 0-99-1141, AS AMENDED BY ORDINANCE 0-02-1337.4, BY
INCORPORATING ADDITIONAL DEVELOPMENT STANDARDS FOR CERTAIN
DESIGNATED LOTS AND AREAS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by Realty Capital Corporation
on October 31,2005, under Case No. Z-05-034; 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, 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 generally, and to the persons interested and situated in
Ordinance 0-06-1560
Page 2 of 8
the affected area and in the vicinity thereof, the governing body of the City I
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 PUD-C zoning district created by Ordinance 0-99-1141 on
January 19, 1999, and amended by Ordinance 0-02-1337.4 on May 7,
2002, is hereby amended by adding the folIowing Section K:
K. ADDITIONAL DEVELOPMENT STANDARDS
1. Notwithstanding anything to the contrary contained in Ordinance 0-99-
1141 or Ordinance 0-02-1337.4, the following additional provisions shall
be applicable to lots 15, 16, 17, 24, and 25, as depicted in Sub-Area "A"
on the attached Exhibit "A:
a. The building or buildings on all of these lots combined may contain
up to a maximum of 50 single-family residential units with up to a
maximum total 70,000 square feet of single family area and except
as otherwise specifically provided for herein, with each residential
unit having a minimum of 1,200 square feet of climate controlled
living area.
The above notwithstanding, not more than ten (10) individual single
family residential units may be built with a minimum square footage
of 1,000 square feet. These residential units shall be inclusive of the
total 50 residential units and the 70,000 maximum total square
footage.
b. The building or buildings on these lots shall be allowed to have three
(3) stories, provided that a fourth floor shall be allowed when situated
a minimum of twenty-five (25) feet behind the front property line
abutting Main Street. The height of the buildings may not exceed 56'
as measured to the eave of the fourth story of the building, if
provided, or 48' as measured to the eave of the third story of the
building.
c. The building(s) on these lots shall only allow retail or restaurant use
on the ground floors of the buildings, except for a sales office for the
residential units containing not more than 2,000 square feet and a
common lobby area containing not more than 5,000 square feet. No
Ordinance 0-06-1560
Page 3 of 8
additional office use shalI be allowed on the ground floor.
d. The building or buildings on these lots must contain on-site
underground garages in order to accommodate a minimum of 1.75
parking spaces per residential unit. Additional off-site parking shall
be provided in a parking lot or garage at a ratio of 0.25 parking
spaces per residential unit in order to provide a cumulative parking
ratio of 2 parking spaces per residential unit. Said off-site parking
spaces shall be located within 400 feet of the building or buildings.
e. Prior to the issuance of the certificate of occupancy for the first
residential unit, the developer shall provide a copy of the
Condominium Declaration that has been filed in the Tarrant County
Deed Records.
2. Notwithstanding anything to the contrary contained in Ordinance 0-99-
1141 or Ordinance 0-02-1337.4, the following additional provisions shall
be applicable to lots 18,19,20,21,22, and 61, as depicted in Sub-Area
"B" on the attached Exhibit "A:
a. The building or buildings on all of these lots combined may contain
up to a maximum of 60 single-family residential units with up to a
maximum total 85,000 square feet of single family area and except
as otherwise specifically provided for herein with each residential unit
having a minimum of 1,200 square feet of climate controlled living
area.
The above notwithstanding, not more than ten (10) individual single
family residential units may be built with a minimum square footage
of 1,000 square feet. These residential units shall be inclusive of the
total 60 residential units and the 85,000 maximum total square
footage.
b. The building or buildings on these lots shall be allowed to have three
(3) stories, provided that a fourth floor shall be allowed when situated
a minimum of twenty-five (25) feet behind the front property line
. abutting Main Street. The height of the buildings may not exceed 56'
as measured to the eave of the fourth story of the building, if
provided, or 48' as measured to the eave of the third story of the
building.
c. The building(s) on these lots shall only allow retail or restaurant use
on the ground floors of the buildings, except for a sales office for the
residential units containing not more than 2,000 square feet and a
common lobby area containing not more than 5,000 square feet. No
additional office use shall be allowed on the ground floor.
Ordinance 0-06-1560
Page 4 of 8
d. The building or buildings on these lots must contain on-site
underground garages in order to accommodate a minimum of 1.75
parking spaces per residential unit. Additional off-site parking shall
be provided in a parking lot or garage at a ratio of 0.25 parking
spaces per residential unit in order to provide a cumulative parking
ratio of 2 parking spaces per residential unit. Said off-site parking
spaces shall be located within 400 feet of the building or buildings.
e. Prior to the issuance of the certificate of occupancy for the first
residential unit, the developer shall provide a copy of the
Condominium Declaration that has been filed in the Tarrant County
Deed Records.
3. No certificate of occupancy shall be issued for a residential dwelling unit
in either Sub-Areas "A" or "B" as identified on the attached Exhibit "A",
until 45,000 square feet of retail square footage has been permitted and
constructed within the boundary of the PUD-C District, but excluding
Sub-Areas "A" and "B". Such area will be issued a certificate of
occupancy for only retail use. Only buildings permitted and constructed
after March 21, 2006 shall be credited toward the requirements of this
paragraph.
4. In addition to acquiring the necessary zoning approvals, the developer
shall submit construction plans for an additional 150 parking spaces.
Said parking spaces shall be located at Site P1 or P2 as shown on the
attached Exhibit "B". Building construction plans for the additional
parking shall be submitted at the same time as the building permit plans
for the building or buildings located in Sub-Area "A" and "B". No
certificate of occupancy shall be issued for a building or buildings
located in Sub-Area "A" and "B" until the parking facility required herein
is completed and approved by the City.
5. The additional development standards contained in this Section 2 shall
be considered all together as a complete set of regulations for Areas "A"
and "B", as described herein, and are inseparable. If a building permit
application is issued that does not allow development of Areas "A" and
"B" as allowed by this Section 2, then the original regulations of
Ordinance 0-99-1141, amended by Ordinance 0-02-1337.4 and the
additional amendments contained in this ordinance shall be applicable
to Areas "A" and "B". No building permit shall be issued for
implementation of a portion of the regulations contained in this Section
2.
6. Section 1.E.1.a.4 of Ordinance 0-02-1337.4 regarding the forty-five (45)
Sec. 3.
Sec. 4.
Ordinance 0-06-1560
Page 5 of 8
percent cumulative total square footage for residential shall be amended
in its entirety to read as follows:
a. Not more than 200 total residential dwelling units, nor more than
420,000 square feet of residential space, shall be permitted within
the boundaries of the PUD-C zoning district initially created by
Ordinance 0-02-1337.4. If Areas "A" and "B" are not developed as
provided for in this Section 2, not more than 150 total residential
dwelling units shall be permitted within the boundaries of this PUD-C.
THAT Ordinance 0-02-1337.4 is amended to include the following
additional provisions for any building or buildings that contains a residential
unit within this PUD-C:
a. Except as otherwise specifically provided for in Sub-Area "A" and "B", all
residential units shall have a minimum of 1 ,500 square feet of climate
controlled area per residence.
b. Within this PUD-C, no more than a total of twenty-four (24) residential
units may be built with a minimum square footage of 1,000 square feet,
but no more than ten of these units shall be in any single building.
None of the residential units allowed by this paragraph shall be
permitted on Lots 5 thru 11 R. The existing ancillary residential units
listed in Section 6 of this ordinance shall not count against the above
stated twenty-four units.
THAT Ordinance 0-02-1337.4 is hereby amended to incorporate the
following additional development standards:
a. The requirement for an eight-foot (8') tall wrought iron fence where this
PUD-C District abuts City Park shall be deleted.
b. The requirement for a landscaped buffer with natural openings shall be
provided in lieu of the wrought iron fence. However, in areas where a
retaining wall borders City Park property, a 42" tall wrought iron
guardrail shall be installed on top of the retaining wall.
c. The developer is required to construct, at the sole discretion of the
Council, a landscaping buffering from the PUD C District which abuts
City Park. Said buffering shall consist, among other things as
determined by the Council; landscaping, trees, wrought iron fencing
and/or berms. Trees shall be a minimum of four (4") caliper, 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). Plans for said landscaping buffer shall be
submitted to the City Council for approval at the same time as, or prior
to, submittal of building construction plans for Sub-Areas "A" and "B".
This landscaping buffering shall be completed prior to the issuance of
Ordinance 0-06-1560
Page 6 of 8
any certificate of occupancy for a building or buildings not located in Sub
Area "A" or "B" as denoted in the attached Exhibit "A".
d. All buildings within this PUD-C shall be equipped with fire detection and
suppression systems as required by the City of Colleyville Fire Marshal.
Sec. 5. THAT Section G.9.a of Ordinance 0-02-1337.4 is hereby modified to
provide:
a. The requirement for a six (6') foot masonry screening wall along the
entire length of the northern boundary from City Park to Pleasant Run
Road is deleted, and replaced with:
a. 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 shalI be a minimum of four (4") caliper,
spaced at 25' inteNals. Trees shalI 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). 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.
Sec. 6. THAT the provisions contained in Section 1.E.1 of Ordinance 0-02-1337.4
regarding ancillary residential structures are hereby deleted. Those
ancillary residential units built on or before February 8, 2006 and currently
holding a Certificate of Occupancy for an ancillary residential unit at 32
Piazza Lane, 36 Piazza Lane, 51 Piazza Lane, and 55 Main Street, Suites
320 and 360 are hereby declared to be legal conforming.
Sec. 7. THAT the provision contained in Section 1.E.3.c of Ordinance 0-02-1337.4
is hereby amended to read as follows:
c. Retail uses containing more than 40,000 square feet of floor area for a
single user.
Sec. 8. THAT the provision contained in Section 1.E.4 of Ordinance 0-02-1337.4
regarding the 400 square foot maximum for the additional story level above
the third floor shall not be allowed in Sub-Areas "A" and "B" as identified on
the attached Exhibit "A". In all other areas of the PUD-C District, a
Certificate of Occupancy shall be issued only for such 400 square foot
additional story level above the third floor of a building or buildings that is
either:
a. A non-inhabitable unit accessed by a public stairway or elevator.
A residential living area accessed by only a private stairway or elevator
Ordinance 0-06-1560
Page 7 of 8
from an adjoining main residence.
ec.9. THAT the provision contained in Section 1.E.1.a of Ordinance 0-02-1337.4
regarding the limit of one residence per building site shall deleted.
Sec. 10. THAT the method of calculating the square footage of a residential unit
within this PUD-C shall not include floor areas used as common area
hallways and stairwells, but shall include the climate controlled space of the
dwelling unit.
Sec. 11. THAT Section 1.1.2.d of Ordinance 0-02-1337.4 regarding public parking is
hereby amended in its entirety to read as follows:
d. Public Parking - Public parking lots and parallel parking spaces shall be
located as shown on the attached Exhibit "E". 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 Council.
Sec. 12. THAT prior to the submittal of a building permit application for a building or
buildings described in Section 2 of this ordinance, the developer shall
submit a replat of Sub-Areas "A" and "B", which shall generally be
consistent with the layout shown on the attached Exhibit "A"
Sec. 13. THAT the tracts and parcels of land described above 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. 14. 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. 15. 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. 16. 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. 17 . 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 0-06-1560
Page 8 of 8
ND IT IS SO ORDERED.
first reading and public hearing being conducted on the ...JrLt:l day of
2006.
reading and public hearing being conducted on the ~1Y1 day of
2006.
~
CITY OF COLLEYVILLE
dJ~/W~
David Kelly '---../ (j
Mayor
APPROVED AS TO FORM AND LEGALITY:
~~.~~
Matthew C. G. Boyle
City Attorney
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