HomeMy WebLinkAboutOrdinances (O-07-1609)-02/20/2007
ORDINANCE 0-07-1609
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 2.0 ACRES OUT OF THE A.J.
CALDWELL SURVEY, ABSTRACT 331 AND THE J.L. BY AS SURVEY, ABSTRACT
180, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUDC-PLANNED
UNIT DEVELOPMENT-COMMERCIAL DISTRICT; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning under
Case No. Z-07 -001; 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, 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
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Ordinance 0-07-1609
Page 2 of 4
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 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 Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on a
2.0 acre parcel of land situated in the A.J. Caldwell Survey, Abstract 331
and the J.L. Byas Survey, Abstract 180, from the AG-Agricultural zoning
district to the PUDC-Planned Unit Development-Commercial zoning
district, as depicted on the attached Zoning and Location Map, labeled as
Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B".
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 PUDC is for an office and retail center.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by this
Ordinance.
2. CONCEPTUAL PLAN AND PLATTING
a. The development shall be generally consistent with the Conceptual
Site Plan, labeled as Exhibit "C", which shall not be considered the
preliminary plat.
b. The development shall be generally consistent with the Conceptual
Site Plan, labeled as Exhibit "C"; however the lot layout may differ
from that shown on Exhibit "C" to accommodate topographic,
drainage or other conditions.
c. The developer shall submit and receive approval from the City of
Colleyville a Preliminary and Final Plat in accordance with the
requirements of the Land Development Code prior to development
of this PUDC.
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Sec. 5.
Sec. 6.
Ordinance 0-07-1609
Page 3 of 4
3. PERMITTED USES
a. Permitted uses within the Neighborhood Commercial-CN zoning
district.
4. NONRESIDENTIAL LOT REQUIREMENTS AND SETBACKS
a. Nonresidential lot requirements and building line setbacks
established by the Conceptual Site Plan, labeled as Exhibit "C",
shall control where such building line setback is different from the
Land Development Code.
5. OPEN SPACE
a. This development shall provide a minimum of 20% common open
space, as shown on Exhibit "C". All open space areas shall be
landscaped and maintained by the Property Owner's Association.
b. The amount of landscaping on the property shall be in accordance
with Chapter 4 Landscaping and Buffering in the Land Development
Code.
6. PHASING
a. This project may be developed in phases, provided that the
construction of the fire lane, fire hydrants, all storm drain facilities,
all water and sewer facilities, complete landscaping of the
Colleyville Boulevard and Hardage Lane frontages, and the
perimeter fencing will be completed prior to the issuance of any
Certificate of Occupancy for any building as a part of Phase I.
7. SIDEWALKS AND PATHWAYS
a. The sidewalk along Colleyville Boulevard must be at least 5-feet
wide. A 4-foot wide sidewalk is required along the frontage of
Hardage Lane. The sidewalks must be installed when any new
structures are built on the property.
8. PERIMETER FENCING
a. An eight (8) foot tall wood fence shall be constructed on the west
and north property lines.
9. OTHER
a. The exterior building elevations shall be in accordance with the
attached Exhibit "D."
b. The parking lot lighting shall be of a boxed-canned design.
c. The buildings shall be limited to a single story structure.
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
Sec. 7.
Sec. 8.
Sec. 9.
Ordinance 0-07-1609
Page 4 of 4
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
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.
reading and public hearing being conducted on the
2007.
c2tJ ~ day of
t ~ day of
public hearing being conducted on the
CITY OF COLLEYVILLE
Jb~~
David Kelly ./ {J
Mayor
PPROVED AS TO FORM AND LEGALITY:
~ln~
Matthew C. G. Boyle
City Attorney
Exhibit A - Zoning and Location Map
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NORTH
Exhibit B - Metes and Bounds Description
BEING A TRACT OF LAND LOCATED IN THE A..J.. CALDWELL SURVEy,
ABSTRACT NO. 331. AND THE J.L BYAS SURVEY, ABSTRACT NO. 180, CllY
OF COLLEYVILlE, TARRANT COUNlY, TEXAS. AND 8EING MORE
PARl1CUlARl Y DESCRIBED .AS FOLLOWS:
BeGINNING AT ATXOOT MONUMENT FOUND IN THE PRESENT NORTHWEST
RtGHT '()F~WAV UNE OF COLLEYVlLLE BOULEVARD (STATE HIGHWAY 26), A
VAR1A8LE \MOTH PUBLIC RIGHT'()F~WAV AS ESTABLISHED BY DEED TO
THE STATE OF TEXAS, RECORDED IN INSTRUMENT NO. 0206169971, DEED
RECORDS, TARRANT COUNTY, TEXAS, SAID POINT ALSO BEING IN THE
SOUTH UNE OF STEMBRlOOE ADDrnON. AN ADDn'ION TO THE CITY OF
COU.EYV1lLE, TARRANT COUN1Y, TEXAS. ACCORDING TO THE PlAT
THEREOF RECORDED IN CABINET a. SUDE2870. MAP RECORDS OF SAID
COUNTY;
THENCE SOUTH 30"03'17" VllEST,ALONG THE NORTHVVEST LINE OF SAID
COUEVVlLLE BOULEVARD (STATE HIGHWAY 26), A DISTANCE OF 190.53
FEET TO A 112"IRON ROO\MTH YELLOW PlAST1C CAP STAMPED "R.P.LS.
5310" SET FOR CORNER;
THENCE SOUTH 32"18'37" VVEST, ALONG SAID NOA.THWEST UNE, A
DISTANCE OF 145.28 FEET TO A 112" JRON ROO'MTH YELLOW PlASTIC CAP
STAMPED "R.P.LS. 5310" SET FOR CORNER AT THE BEGINNING OF THE
TRANSITIONAL RIGHT-OF-WAY LINE OF THE NORTHWEST LINE OF SAID
COLLEYVlLlE BOULEVARD (STATE HIGHWAY 26) AND THE NORTHEAST
RIGHT-QF-WA Y UNE OF HARDAGE LANE. A 60' WOE PUBLIC RIGHT-OF-WAY;
THENCE SOUTH 59"51'12" 'lEST, A DISTANCE OF 30.32 FEET TOA TXOOT
MONUMENT FOUND IN THE NORTHEAST LINE OF SAID HARDAGE LANE;
THENCE NORTH 59'"41'23" WEST. ALONG SAID NORTHEAST UNE, A
DISTANce OF 255.18 FEET TO A 112" IRON ROO WITH YELLOW PLASTIC CAP
STAMPED "RP,LS. 5310" seT AT THE SOUTH CORNER OF LOT 9. PECAN
PARK ESTATES, AN ADDITION TO THE CllY OF COLLEYVlLLE. TARRANT
COUNTY. TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 388-120, PAGE 69. MAP RECORDS OF SAID COUNlY, FROM 'WHICH
A112"IRONROD FOUND FOR REFERENCE BEARS SOUTH 76"'06'47" WEST. A
DISTANCE OF 0.60 FEET;
THENCE NORTH 30"21'00" EAST. ALONG THE SOUTHEAST UNE OF SAID LOT
9, A DISTANCE OF 305.65 FEET TO A 11'2'" IRON PIPE FOUND AT AN INTERIOR
ELL CORNER OF LOT 7 OF SAID PECAN PARK ESTATES;
THENCE SOUTH 70.52'26" EAST, A DISTANCE OF 171.01 FEET TO A 518" IRON
ROD FOUND AT THE MOST SOUTHERN SOUTHEAST CORNER OF SAID LOT
7. SAID POINT ALSO BEING THE MOST SOUTHERN SOUTHWEST CORNER OF
LOT 1, BLOCK 1 OF SAlD STEMBRIDGE ADDITION;
THENCE SOUTH 7r02'00. EAST, PASSING AT A DISTANCE OF 105.89 FEET A
112" IRON ROD FOUND FOR REFERENCE AT THE SOUTH CORNER OF SAID
LOT 1, AND CONTINUING FOR A TOTAL Of STANCE OF 108.84 FEET TO THE
PLACE OF BEGINNING AND CONTAINING 2.087 ACRES OF LAND.
Exhibit C -Conceptual Site Plan
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Exhibit D -Exterior Building Elevations
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