HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-1974)-02/16/2016ORDINANCE 0-16-1974
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING
ORDINANCE 0-14-1904; BY AMENDING THE OFFICIAL ZONING MAP
AND CHANGING THE ZONING ON 2.87 ACRES LOCATED IN THE J.L.
BYAS SURVEY, ABSTRACT 180, FROM THE PUD-C-PLANNED UNIT
DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUD-C-
PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAf�lD DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville has received an application for rezoning
under Case No. ZC15-004; 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 Zonin
Commission to recommend the boundaries of the variou
original zoning districts and appropriate regulations be enforce
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 reasonabl
consideration to, among other things, the character of th
districts and their peculiar suitability for particular uses, with
view to conserving the value of buildings and encouraging th
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyvil
and the City of Colleyville City Council, in compliance with tt
Charter of the City of Colleyville, and State Law with referenc
to changes to zoning classifications under the Zoning Ordinanc
Regulations and Zoning Map, having given the requisite noticE
Ordinance 0-16-1974
Page 2 of 6
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 YT 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 2.87 acres located in the J.L. Byas
Survey, Abstract 180, from the PUD-C-Planned Unit Development
Commercial Zoning District to the PUD-C-Planned Unit
Development Commercial Zoning District, as depicted in Exhibit
��A„
Sec. 3. 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. 4. THAT the above described tract of land shall remain subject to
the requirements of Ordinance 0-14-1904, as amended by the
following speciai ordinance provisions as they amend Ordinance
0-14-1904.
Subsection 4 is hereby amended and replaced as follows:
��1. GENERAL
a. The purpose of this PUD-C is for a landscaping business
with outside storage named The Lawn Firm.
b. The proposed development is subject to all the regulations
contained in the Land Development Code, except as
amended by this ordinance.
Ordinance 0-16-1974
Page 3 of 6
c. The proposed development shall generally comply with
Exhibits "B," (Site Plan) "C," (Landscape Plan) and "D"
(Building Elevations).
2. BUILDING AND SITE COMPLIANCE PROVISIONS
a. The developer shall submit and receive approval from the
City, a plat, in accordance with the requirements of the
Land Development Code prior to the issuance of a building
permit.
b. Improved access to the subject property, subject to the
review and approval by the Director of Public Works and
the Fire Marshal, shall be required no later than one year
from the issuance of a Certificate of Occupancy for the
proposed building.
3. PERMITTED USES
a. The purpose of this PUD-C is for a landscaping contractor
with outdoor storage as specifically allowed in this
ordinance.
4. DEVELOPMENT CONDITIONS
a. Outdoor storage of equipment, supplies and materials is
hereby permitted provided all outdoor storage is kept a
minimum of 25 feet away from any adjacent properties
zoned or used for residential or educational purposes. This
provision shall become effective no later than one year
from the date of approval of this ordinance. Outdoor
storage of any hazardous materials shall meet ali City and
State requirements effective upon the passage of this
ordinance.
b. The regulations for the CN-Neighborhood Commercial
District shall be applicable to this PUD-C, except where
modified by the provisions of this ordinance.
c. The minimum front yard setback shall be 19 feet.
d. Gravel parking areas, as noted on Exhibit ��B," shall be
permitted, in addition to the 10 striped and paved parking
spaces for the proposed building.
Ordinance 0-16-1974
Page4of6
e. Screening shall be in accordance with Exhibits "B" and "C,"
consisting of wooden fences, mature trees, and landscaping
along the southern and eastern property lines. All
requirements for dumpster screening and dumpster pad
are required per the Land Development Code.
f. All fencing as shown on Exhibits "B" and ��C" shall be
required to be installed prior to the issuance of a new
Certificate of Occupancy.
g. The minimum landscape area adjacent to residential zoning
districts shall be a minimum of 10 feet as reflected in
Exhibit "C."
h. To provide screening on the northern side of the subject
property, evergreen shrubs with irrigation shall be planted
prior to the issuance of a new Certificate of Occupancy.
From where the existing tree line ends on the northern
property line, just west of the proposed cul-de-sac, to the
eastern property line, six-foot evergreen shrubs, minimum
three feet in height at the time of planting, spaced at
maximum three feet on center, shall be placed in a
landscape buffer within 10 feet of the northern property
line, on the subject property.
A maximum of four portable storage containers shall be
permitted on the subject property, in the southwest corner,
with no required timeframe for removal or installation
requirements. The containers shall be located a minimum
of 25 feet from any adjacent residentially zoned property
and on an approved surface (gravel, asphalt, or concrete).
The containers shall be relocated (if necessary) to the
southwest corner to comply with these requirements within
one year of issuance of a Certificate of Occupancy for the
new office building.
j. A minimum of 20 percent open space shall be provided per
Section 3.23 of the Land Development Code, and as
amended, on the associated plat. The guarantee of
preservation and maintenance of the common open space
must be provided on the associated plat through the
necessary covenants, restrictions, and/or notes.
Ordinance 0-16-1974
Page 5 of 6
k. Per Chapter 6 of the Land Development Code, and as
amended, a minimum design score of 30 points shall be
required for the proposed building. The existing building in
the northwest portion of the property is permitted to
remain without design improvements.
The hours of• operation for any business allowed on the
subject property shall be limited to daylight hours only,
Monday through Saturday.
m.Ail lighting on site shall be directed away from adjacent
residential properties and illumination shall not exceed 0.5
foot candles as measured at any adjacent residential
property line.
n. If the property changes ownership or use, then a detailed
site plan will be required and shall include any new
buildings, access easements, parking areas, landscape
buffers, and other improvements being proposed in
accordance with the Land Development Code. Any waivers
granted herein shall expire with change in ownership or use
of the subject property, and the new owner or use would be
required to come into compliance with the Land
Development Code or submit a Planned Unit Development
amendment accordingly.
o. The existing office trailer shall be removed no later than
one year from the issuance of a Certificate of Occupancy
for the proposed building."
Sec.6. THAT any person, firm or corporation viofating 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. 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.
Ordinance 0-16-1974
Page 6 of 6
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 all provisions of the Land Development Code shall remain
in full force and effect, except where amended herein.
Sec. 10. 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 2°d day of
February 2016.
The second reading and public hearing being conducted on the 16th day of
February 2016.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the �(� day of �t�^uaiu 2016.
A�.'TTEST:
Amy Iley, TR C
City Secretary
APPROVED AS TO FORM AND LEGALITY:
�f�� F_� �. ��,
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
G'�l� i�(/l�
�
David Kelly
Mayor
Exhibit ��A" -Location and Zoning Map
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