HomeMy WebLinkAboutOrdinances (O-07-1647)-11/27/2007ORDINANCE 0-07-1647
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF LOTS 5 AND 6, BLOCK 1, THOMPSON TERRACE
ADDITION, FROM THE CC1-VILLAGE RETAIL 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-07-025; 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,
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
Ordinance 0-07-1647
Page 2 of 5
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
Lots 5 and 6, Block 1, Thompson Terrace Addition, from the CC1-Village
Retail zoning district to the PUDC-Planned Unit Development Commercial
zoning district, as depicted on the attached 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 adrive-thru coffee shop.
b. This property is subject to all the regulations contained in the Land
Development Code, except where amended by this Ordinance.
2. CONCEPTUAL PLAN AND PLATTING
a. The development shall be generally consistent with Exhibit "B"
labeled as Conceptual Site Plan, which shall not be considered the
preliminary plat.
b. The development shall be generally consistent with 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 Replat in accordance with the requirements of the Land
Development Code prior to development of this PUDC.
3. OPEN SPACE
a. This development shall provide a minimum of 47% common open
space, as shown on Exhibit "B". All open space areas shall be
landscaped and maintained by the property owner.
Ordinance 0-07-1647
Page3of5
b. The distribution of landscaping on the property shall be in
accordance with Chapter 4-Landscaping and Buffering in the Land
Development Code, except where amended herein.
c. A 20-foot wide landscaped buffer shall be maintained along SH26,
except where adequate paved queuing space is necessary to
maintain the safe circulation of vehicular traffic on the property.
Such queuing space shall not exceed more than 15% of the
required landscape buffer area.
d. At least 25% of the total required landscaped area shall be located
within the front setback.
4. SIDEWALKS AND PATHWAYS
a. The sidewalk along SH26 must be at least five (5) feet wide. The
sidewalk must be installed when any new structures are built on the
property.
5. PARKING
a. This development shall be required to have a minimum of four (4)
parking spaces.
6. OTHER
a. The exterior building design shall be in accordance with Exhibit "C"
labeled as Building Elevation 1, 2, 3, 4.
b. A cross-access easement, constructed to the specifications
described in the Land Development Code, shall be maintained
between this property and the adjacent property on the south side of
this property situated along SH26.
c. If a permit for the northernmost driveway on the property cannot be
obtained by the Texas Department of Transportation, then an
alternate site plan, meeting all the requirements of this ordinance
and the Land Development Code, shall be submitted to the City
Manager's designee for approval prior to the issuance of a
certificate of occupancy.
d. All signs shall meet the minimum requirements of the Land
Development Code.
e. Any existing monument sign located within the right-of-way of SH26
where it is adjacent to this property shall be removed prior to the
certificate of occupancy for this development.
f. All driveway approaches shall require approval by the Texas
Department of Transportation prior to construction.
g. The existing concrete ramp associated with this property shall be
removed or destroyed prior to the certificate of occupancy being
issued for the business.
h. No later than 8 months from the date of revocation and/or expiration
of the certificate of occupancy for the primary business on the
Ordinance 0-07-1647
Page 4 of 5
subject property, the principle structure shall be removed from the
subject property, or demolished, the cost of which shall be paid by
the property owner.
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.
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.
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.
ec. 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.
ec. 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.
ND IT IS SO ORDERED.
first reading and public hearing being conducted on the ~ day of
~~.e~-r,~~2~J 2007.
second reading and ublic hearing being conducted on the o27~ day of
~~-eirn Get./ 2007.
,TTEST:
~~
~ynthia Singleton, TRMC, CMC
:ity Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
Ordinance 0-07-1647
Page5of5
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit A -Zoning and Location Map
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