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HomeMy WebLinkAboutOrdinances (O-07-1630)-09/18/2007ORDINANCE 0-07-1630 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT AR AND BR, OF THE E.M. THOMPSON SUBDIVISION, AND LOT 2, BLOCK 1, FOSTER ADDITION, FROM THE CC1- VILLAGE RETAIL 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-07-026; 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, 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 Ordinance 0-07-1630 Page 2 of 6 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. 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 Lot AR and BR, E.M. Thompson Subdivision, and Lot 2, Block 1, Foster Addition, from the CC1-Village Retail zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on the attached ~i Zoning and Location Map, labeled as Exhibit "A". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for office, retail and residential uses. 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 I' a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B"; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Colleyville a Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 3. PERMITTED USES a. A maximum of 30 residential units allowed on the second and third floor of Building D, as shown on Exhibit "B". Ordinance 0-07-1630 Page 3 of 6 b. All uses allowed in the CC1-Village Retail zoning district. c. All uses shall be in accordance with the Conceptual Site Plan on Exhibit "B". d. Not less than 50%, or 6,150 square feet, of the air-conditioned area of the first floor of Building D shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. e. Any floor of Building D may be used as retail and office uses. No residential uses are permitted on the first floor of Building C or D. 4. LOT REQUIREMENTS AND SETBACKS a. Lot requirements and building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "B", 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 22.9% common open space, as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. b. The amount of landscaping on the property shall be in accordance with Chapter 4 Landscaping and Buffering in the Land Development Code. 6. BUILDING ELVEATIONS b. All exterior building elevations shall be in accordance with the Building Elevations, labeled as Exhibit "C". 7. SIDEWALKS AND PATHWAYS a. The sidewalk along Colleyville Boulevard shall be at least 5-feet wide. The sidewalk shall be installed when any new structures are built on the property. 8. SCREENING a. A six foot high wall shall be constructed along the northern property line and shall consist of a combination of stucco and wrought iron accents. 9. PARKING a. Parking for residential units shall be calculated at 2 reserved parking spaces per dwelling unit. b. Parking for non-residential uses shall be in accordance with the parking requirements of the Land Development Code. c. This development shall contain not less than 175 parking spaces. Ordinance 0-07-1630 Page 4 of 6 1 ~. OTHER a. Any modification to the creek on the west side of the development shall be approved by the City of Colleyville Engineering Department. b. Residential units shall contain not less than 750 square feet of living area per dwelling unit. A maximum of 5 residential units are permitted to be 850 square feet or smaller. All other units will be a minimum of 851 square feet. c. The average square footage of residential units shall total 1,000 square feet. d. All residential units allowed by this ordinance shall be subject to the rules and regulations of a single condominium regime. A copy of the condominium regime by-laws, approved and filed by the Tarrant County Clerk, shall be submitted prior to the issuance of a building permit on any residential unit. e. All buildings shall have fire sprinkler and monitoring systems. f. The maximum building height shall be 3 stories with a maximum height measurement of 56 feet. g. Prior to the issuance of a Certificate of Occupancy for any building, the property shall accomplish the following: 1. Complete construction of a bridge across Pleasant Run Creek connecting the subject property to The Village at Colleyville property. Such bridge shall connect the subject property to Mission Lane, which is an existing public street in The Village. The drive connection and bridge shall be dedicated as a public right-of- way. The drive connection and bridge width shall be the same width as shown on the Site Plan. The bridge will be located where the driveway currently dead ends into Pleasant Run Creek on the Site Plan. The bridge shall be constructed with similar materials and design as the existing bridge located at Main Street. A five foot wide sidewalk shall be provided on both sides of the bridge. 2. The property owner shall make improvements to Pleasant Run Creek from the north property line of The Village PUD south to Main Street consisting of the following: removal of debris and dead trees, construction of new water retention areas, fountains, and new landscaping. 3. Complete the construction of an 8 foot wide sidewalk, that may be a minimum 6 foot wide at the discretion of the City Engineer, within Pleasant Run Creek connecting Lot 1, Block 1 Village Court Addition to the proposed bridge. 4. The project sign featured on the building will read "The Village at Colleyville". h. This zoning ordinance shall be automatically repealed if a preliminary plat or preliminary drainage analysis is not approved within eight (8) months from the date of approval of this zoning request. Ordinance 0-07-1630 Page 5 of 6 Sec. 5. 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. 6. 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. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the o2/ S~day of 2007. h second reading and public hearing being conducted on the ~~ day of I~.~/ti'~~-?it 2007. ATYEST: nthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-07-1630 Page6of6 ROVED AS TO FORM AND LEGALITY: ~~ "~' Matthew C. G. 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