HomeMy WebLinkAboutOrdinances (O-06-1602)-02/06/2006
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ORDINANCE 0-06-1602
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY AMENDING THE PUD-C DISTRICT CREATED
BY ORDINANCE 0-99-1139, BY ESTABLISHING ADDITIONAL DEVELOPMENT
CONDITIONS AND APPROVING A REVISED CONCEPT DEVELOPMNENT PLAN;
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) FOR EACH OFFENSE;
NO PROVIDING AN EFFECTIVE DATE
the City of Colleyville has received an application for rezoning under Case
No. Z-06-028; and
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
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
HEREAS, 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
HEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, 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
HEREAS, 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
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Ordinance 0-06-1602
Page 2 of 4
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.
Sec. 2.
Sec. 3.
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 Concept Development Plan attached as Exhibit "A" of this
ordinance hereby replaces and supersedes the Site Plan attached as
Exhibit "A" of Resolution R-99-1458 and shall be used as a guide for the
issuance of building permits for the proposed building improvements.
Development of the site shall be generally consistent with the layout shown
on the Concept Development Plan. The Building Official in considering a
building permit application is hereby authorized to approve minor
adjustments of a building location or building footprint, provided the intent of
the Concept Development Plan is not compromised or adjacent properties
negatively impacted.
THAT the Planned Unit Development-Commercial (PUD-C) district created
by Ordinance 0-99-1139, amended by this ordinance, and the Concept
Development Plan attached as Exhibit "A" of this ordinance are hereby
subject to the following conditions:
1. The proposed building identified as Phase 2 on the Concept
Development Plan may be either a one-story or a two-story building and
shall not exceed 33,899 square feet of floor area.
2. The existing art building, the teacher trailer, and temporary classroom
buildings J & H, along with a maximum of three temporary storage
containers may remain on the property for a period of two years from the
approval date of this ordinance or until 30 days after a certificate of
occupancy has been issued for any finished-out portion of the Phase 2
building, whichever occurs first.
3. The remaining portable buildings F, G, K & L shall be removed no later
than one year after the issue of the certificate of occupancy for the first
floor of the Phase 2 building and that the Concept Development Plan
Exhibit "A" reflect the building line that was approved by the Planning
and Zoning Commission.
4. As a condition to the issuance of the building permit for the Phase 2
building, a solid screening fence approximately eight feet in height shall
be constructed along the western boundary where this PUD-C abuts
Lots 19 through 26 of the Camelot Estates Addition to the City of
Bedford. There shall also be an open space buffer a minimum of 20 feet
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Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-06-1602
Page 3 of 4
in width along the western boundary of this PUD-C.
5. As a condition to the issuance of the building permit for the Phase 2
building, there shall be planted a row of trees along the eastern I
boundary of this PUD-C where this PUD-C abuts Lots 2 through 4, Block
3 of the Southgate Addition to the City of Colleyville. Said trees shall be
a minimum of 3-inch caliper at time of planting and be spaced not more
than 30 feet on centers. Said trees may be planted on an adjacent lot
owned by Covenant Christian Academy in lieu of planting on-site. There
shall also be an open space buffer a minimum of 20 feet in width along
the eastern boundary of this PUD-C.
6. As a condition to the issuance of a building permit for any portion of the
Phase 2 building, there shall be a 24-foot wide gated emergency
access/fire lane across the northern portion of Lot 4, Southgate Addition,
which connects Wayne Drive with this PUD-C.
7. There shall be no traffic access (including roadways or parking lots) to
the current CCA campus from adjoining properties along Wayne Drive.
The existing emergency access easement shall not be utilized for
regular traffic access, and shall be maintained in a manner to prevent
regular use of or access to said easement by non-emergency traffic.
THAT prior to the issuance of a building permit for construction of the
Phase 2 building, the following additional conditions shall be satisfied:
1. Covenant Christian Academy shall submit and receive approval of a
drainage study from the City Engineer and make any drainage
improvements required of the drainage study in conjunction with the
Phase 2 building and related site improvements.
2. A traffic impact analysis ("TIA") shall be required prior to the issuance of
a Building Permit for the Phase 2 Building. The TIA shall be submitted
to the City Council for review and approval of both the TIA and the
required improvements (both on-site and off-site) shown necessary by
the TIA. No Certificate of Occupancy will be issued for the Phase 2
Building until the required improvements are made by the applicant and
approved by the City.
THAT the PUD-C 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.
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Ordinance 0-06-1602
Page 4 of 4
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.
NO IT IS SO ORDERED.
and public hearing being conducted on the
d-eA-J 2006.
/ f? 5;{ day of
public hearing being conducted on the
2007.
9f/
day of
:;1~~~
ynthia Singleton, TRMC
ity Secretary
CITY OF COLLEYVILLE
!/)C~
David Kelly
Mayor
PPROVED AS TO FORM AND LEGALITY:
atthew C. G. Boyle
ity Attorney
Concept Development Plan - Exhibit "A"
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