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HomeMy WebLinkAboutOrdinances (O-07-1643)-10/16/2007ORDINANCE 0-07-1643 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 0.54 ACRES OUT OF THE JOSEPH M. LOONEY SURVEY, ABSTRACT 936, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING 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-07-029; 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 property owners generally, and to the persons interested and situated in Ordinance 0-07-1643 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. 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 0.5 acres out of the Joseph M. Looney Survey from the R20-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on Exhibit "A", labeled Location and Zoning Map and as described on Exhibit "B", labeled as Legal Description. 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 an office building. 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 plat. b. The property shall be platted before any development shall be permitted. 3. SCREENING a. An 8-foot screening fence shall be constructed and maintained along the eastern property line where the proposed development abuts residential uses. Ordinance 0-07-1643 Page 3 of 4 4. LANDSCAPING AND OPEN SPACE a. The development shall provide a minimum of 81 percent open space and shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C". b. All landscaping shall comply with Chapter 4, Landscaping and Buffering of the Land Development Code. 5. EXTERIOR BUILDING ELEVATIONS a. The exterior building elevations shall adhere to the design of the existing primary structure on the property. b. Cosmetic renovations to the roof and exterior walls shall be permitted. c. The roof pitch shall remain in accordance with the commercial design standards per the Land Development Code. d. Future expansion of the existing structure shall require compliance with the commercial design standards per the Land Development Code. 6. TRAILS AND SIDEWALKS a. A 10-foot wide concrete trail shall be constructed along Glade Road by the applicant, per the requirements of the Colleyville Pathways Plan, before the Certificate of Occupancy granting the change in use is issued. 7. OTHER a. A single driveway approach shall be allowed onto Oak Timbers Court, as shown on the attached Exhibit "C". The driveway approach on the property shall adhere to the minimum standards required by the City of Colleyville Engineering Department. b. A tree survey shall be required prior to the removal of trees within the northern portion of the lot. c. Trees located on the lot that are not located within rights-of--way, required parking areas or easements shall be preserved. 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. Ordinance 0-07-1643 Page 4 of 4 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. Th first reading and public hearing being conducted on the o~"- day of 2007. 11 T s cond reading and public hearing being conducted on the ~ day of 2007. ATTES Cynthi Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map ~:1 51 D4 5113 5113 t 51D0 y 5109 ~~ ~. .1"~s ~ 5D25 `i :. i '~.'" ~ v *~; 5021 5013 . ~~ 5D16 5017 5D 16 . '. x..;_ 50D4 50D0 ~`>;DDD 11Q4 1108 1113 1116 i13D 5105 1100 11Q5 1109 1113 1117 1131 5101 1104 11D8 1112 1118 1120 R20 11DD 5013 1165 11D9 1113 1112 1131 1104 1108 1112. .1116 1120 Site _ 11 D 0 ~,._ (~ 11D5 11 D9 41113 11117 1121 SDOD II 11100 I 1104 1112 (1,18 I P U DR 112' 1 105 R20 1 105 I 1 1 17 I 12 D 1 11D4 11D8 1113 1100 1116 1113 1117 11D1 1105 1109 Exhibit B -Legal Description STD LANG SURVEYIN~i e2~ Levy County Uno Rood Burloson, Tsx~s 76028 Phone 01l•476~437 Fax s~~~re.~~~ ~.egal DeeCrlpdoll for ; 1100 Glade Road, Colleyv~le, Texas (0.541 acres) Being ail that t~rtain lot, tract or parosl of land out of the J.M. Looney Survey, Abstract No. 938, Tarrant County, Texas, and being that same tract of land conveyed by deed to Floyd and Billie Sue Latham recorded in Volume 4822; Page $23 of the Deed Reoond$ of Tarrant County, Texas, and being. a portion of an 11.158 acre tract of land deeded to James A. Rust, and recorded in Volume 4369, Page 369 of the Deed Records of Tarrant County, Texas, and being more partticularly described by metes and bounds as follows: ~ ~ . BEGINNING at a point for comer in the North lire of Glade Road, said point being the Southeast comer of said Latham tract, and said Rust tract; THENCE West, with the North line of said Glade Road and with the South line of said Latham tract and said Rust tract, a distance o1' 114.00 feet to a point for comer at the intersection of Oak Timbers Court and Glade Road, said point being the Southwest comer of said Latham tract; THENCE.North._with the:Eaet.lins:of.said Oak Timbers: Court ~anctviiltl7~the °1Alest line of said Latham tract, a distance of 127.00 feet to a point for comer at the beginning of a curve to the right having a radius of 232.23 feet;. THENCE with Said curve to the right and with the East line of said Oak Timbals Court, a distance of 84.64 feet and through a c1"tord of N 09 deg 34 min 27 sec East, 84.17 feet to an iron rod found for the Northwest corner of said Latham tract; THENCE East, with the North line of said Latham trail, a distance of 100.00 feet to an iron rod found for the Northeast comer of said Latham tract; THENCE South, wilt the East line of said Latham tract, a distance of 21 b.00 feet to the POINT of Beginning, and containing 0.541 of an acne of land, more cr less. •~ Exhibit C -Conceptual Site Plan ~~~~ ~~ ~~~ ~~~ ~~ ~~ ~ ~~ ~~~ E#AK TIMBERS CElUR7 °- ` ~ m, ~~ ~ °-~. {pyL~aQaQ a E x~ ~ ~ ~~ I ~ ~ ~~ ~, ~~ bd .p' SIBA kSg Yd ~ E~~SSS ~~ o _~ ~ , ~~ ~. ~~ ~~ ~~~~ ~~~ ~- m £ { '4 ~ ! o AP~f'~' , t ~~~~'~ a gg ~ ~