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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 I IOUL__ ---,-'--------- . . I _"M % I 1'''-.-.'' I 0, -~ I :':: ! * ..~~. I i I ..... . .~..<:: f , [J--- **-, Exhibit C -Exterior Elevations tl [J ~~ . .....j--i~,. .-- -:ji<i,;:-' ~~ __.U"~'~""""-*,:,,,,,,:".;,::..~,;;.,;o:;t. '"X;~:~ .d':~ ""..;,...:~#.",q<,,,,,~..,<<,,:,~~"" '*,. ~""<<...: ~~~~ Atsl~ (JilT. f~ ~~ :t..~ am! tAll~! Care Exhibit 0 - Screening Plan ~I -i ~ I ;~~ i i