HomeMy WebLinkAboutOrdinances (O-06-1573)-06/06/2006
ORDINANCE 0-06-1573
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 4.15 ACRES OF LAND ON LOTS
1A AND 2, BLOCK 1 OF THE WILDWOOD ESTATES ADDITION FROM THE RE-
RESIDENTIAL ESTATE ZONING DISTRICT TO THE PUDR-PLANNED UNIT
DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR
VIOLATIONS AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning change was filed by GTF Design on March 24,
2006, under Case No. Z-06-008; 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 and
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
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 0-06-1573
Page 2 of 4
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 Co II eyville,
Texas, be, and the same is hereby amended by changing the zoning on a
4.15 acre parcel of land on Lots 1 A and 2, Block 1 of the Wildwood Estates
Addition, from the RE-Residential Estate zoning district to the PUDR-
Planned Unit Development Residential zoning district, as depicted on the
attached Zoning and Location Map, labeled as Exhibit "A".
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 PUDR is for an assisted living facility. For
purposes of this ordinance, an assisted living facility shall mean a
facility licensed by the Texas Department of Aging and Disability
Services and holding a current Type A license. Any use of this property
other than that specified in this paragraph shall be a violation of this
ordinance.
b. The number of permanent residents within this facility may not exceed
60.
c. Hose cabinets shall be provided subject to review and approval by the
Fire Chief.
d. The assisted living facility shall provide two Automatic External
Defibrillators in locations determined by the Fire Chief.
e. This property is subject to all the regulations contained in the Colleyville
Land Development Code, except where amended by this Ordinance.
f. At time of platting, park land dedication fees shall be assessed for this
project based on the equivalent of 9.15 residential dwelling units.
2. CONCEPTUAL PLAN AND PLATTING
a. The site plan shall be generally consistent with the Conceptual Site
Plan, labeled as Exhibit "B". The actual site layout may differ from that
shown on Exhibit "B" to accommodate topographic, drainage or other
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Ordinance 0-06-1573
Page 3 of 4
conditions.
b. The developer shall submit and receive approval from the City a Final
Replat in accordance with the requirements of the Land Development
Code prior to development of this PUDR.
c. The exterior architectural elevations will be generally consistent with
Exhibit "C".
3. SCREENING
a. An eight (8) foot masonry, or equivalent material, perimeter fence shall
extend along the west property line of this PUDR, as shown on the
Screening Plan labeled as Exhibit "D".
b. The fence shall be measured at the existing grade of the adjacent lot.
c. A twenty-eight (28) foot landscape buffer shall extend between the
western property line and the side of the proposed building and be
shown on the approved replat and site plan.
d. Twenty-four (24) Eastern Red Cedar trees, on fifteen (15) foot centers,
shall be placed within the landscape buffer between the western
property line and the proposed building. The trees will be a minimum of
eighteen (18) feet tall.
e. The developer shall plant twenty-one 3-inch caliper trees in the general
locations shown on the Conceptual Site Plan attached as Exhibit "B".
f. No screening shall be required along the southern property line.
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
Ordinance 0-06-1573
Page 4 of 4
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 15 50 ORDERED.
The first reading and public hearing being conducted on the /G,. yt day of
~ 2006.
The second reading and public hearing being conducted on the ~ ~ day of
~ 2006.
City Council voted and approved to accept the applicant's request to withdraw
this item.
ATTEST:
CITY OF COLLEYVILLE
I
/
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
I
Matthew C. G. Boyle
City Attorney
Exhibit A - Zoning and Location Map
Exhibit B - Conceptual Site Plan
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Exhibit C -Exterior Elevations
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Exhibit 0 - Screening Plan
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