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HomeMy WebLinkAboutOrdinances (O-08-1683)-07/01/2008ORDINANCE 0-08-1683 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 OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.6 ACRES ON TRACTS 3D1 AND 3E1, ABSTRACT 963 OF THE ABSALOM J. SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO 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 rezoning under Case No. Z-08-015; 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 to, 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 Ordinance 0-08-1683 Page 2 of 7 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 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 of 0.6 acres on Tracts 3D1 and 3E1, Abstract 963 of the Absalom J. Survey from the AG-Agricultural zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A", and described in the attached Exhibit "B". 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 aretention/detention pond, private open space and the accessory use of a parking lot. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. 2. PERMITTED USES a. Retention/Detention Pond b. Private Open Space c. Parking as an accessory use Ordinance 0-08-1683 Page3of7 3. SITE PLAN AND PLATTING a. Prior to development of this PUDC, a detailed Site Plan showing all proposed development on the property shall be submitted to the City Council for approval. The Site Plan shall, at a minimum, meet the requirements of Section 3.23 J, K(6) of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M(b) of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council. b. The developer shall submit and receive approval from the City, a Replat that incorporates the subject property into the existing subdivision adjacent to the subject property called "The Gardens", in accordance with the requirements of the Land Development Code prior to development of this PUDC. 4. DEVELOPMENT REQUIREMENTS a. Prior to development of this PUDC, a tree survey, meeting all requirements of the Land Development Code, shall be submitted for the subject property. All trees identified on the tree survey shall be preserved in place on the subject property. The removal of any tree shown on the tree survey by anyone other than persons exempted by Chapter 5.6(B) and (C) of the Land Development Code shall be deemed to be a violation of this ordinance. b. Prior to City acceptance of final improvements to the subject property, a solid ten (10) foot wood, masonry, or combination thereof, screening fence shall be built and maintained by the builder, developer and/or property owner along the entire eastern property line of the subject property where it abuts residential uses. All supporting poles and beams used for the fence shall be located on the western side of the fence. c. A minimum 20 foot greenbelt shall be maintained along the entire eastern property of the subject property where it abuts residential uses. The greenbelt shall meet all requirements described in Section 4.6(3)j of the Land Development Code. The retention/detention pond allowed by this ordinance shall not encroach on the required greenbelt. d. There shall be no minimum open space requirement for this PUDC. Ordinance 0-08-1683 Page 4 of 7 e. Except where allowed by this ordinance, there shall be no structures erected on the subject property. f. There shall be no overhead lighting allowed on the subject property except where parking is allowed on the site plan to be submitted and approved by the City Council. Overhead lighting installed for parking shall be of a box can type and shall be directed away from all adjacent residential uses. 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. Ordinance 0-08-1683 Page 5 of 7 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the g~~Oe---day of 2008. The se and reading and public hearing being conducted on the ,y~ day of 2008. ATTEST: Cynthia Singleton, TRM , CMC City Secretary CITY OF COLLEYVILLE G-~-~~~F..Q David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: r~1 ~~ "'. Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Legal Description TH£ GARDENS AT GOLL£YYILL£ PROPERTY DESCRIPTION BEING a tract of Land situated in the Absalom J. Lott Survey, Abstract No. 963, City of Colleyville, Tarrant County, Texas, being ail of that certain tract of land as described by deed to Cynthia t7. Hudson, recorded in Volume 11338, Page 812, Deed Retards, Tarrant County, Texas and being all of that certain tract of land as described by deed to Rocky Alan Hudson, recorded in Volume 10491, Page 714, Deed Records, Tarrant County, Texas, said tract being mare particularly described by metes and bounds. as follows: BEGINNING at a 1/2" iron rod with orange cap stamped "Moak Sure Inc," found for the northwest comer of said Hudson's tract, the northeast earner of that certain tract of land as described by deed to Gardens Commercia! Partners, Ltd., retarded in County Clerk's Dotumemt Na. D207153199, Deed Retards, Tarrant County, Texas, in the south line of Lot 1 R2, Blocc 1, Tropicana Fuels Addition, an addition to the City of Colleyville, according to the plat. recorded in Cabinet A, Slide 5398, Plat Retards, Tarrant County, Texas; THENCE South 89°33'06" East (S 89°29' E Deed), with the north line of said Hudson's trail, with the south tine of said Lot 1 R2, Block 1, Tropicana Fuels Addition, a passing distance of 80.89 feet to a 1/2" iron rod found far the southeast corner of said Lot 1 R2, Block 1, Tropicana Fuels Addition, being the most westerly southwest comer of Lot 6, Block 9, Longwood Estates at Ross Downs Phase V, an addition to the City of Colleyvills, according to the plat recorded in Cabinet A, Slide: 2704, Plat Records, Tarrant County, Texas, continuing wi#h north line of said Hudson's tract, with the a south line of said Lot 6, Block 9, Lnngwood Estates Addition for a total distance of 105.04 feet (105.00' Deed) to a 1/2" iron rod found for a re-entrant Corner of said Lot 6, Block 9 and being in a west line of said Longwood Estates Addition; THENCE South 00°55'08" West {S 01°47`40" W Deed), with the east line of said Hudson's tract, with a west line of said Longwood Estates Addition, a passing distance of 269.87 feet to the southwest comer of Lot 13, Block 8 of said Lnngwood Estates Addition, continuing with the east line of said Hudson's tract for a total distance of 291.65 feet (291.5' Deed) to an 1" pipe found for the southeast corner of said Hudson's tract, the northeast corner of that certain tract of land as described by deed to Cheryl Ann West, Diana West Myers and Douglas F. Myers, recorded in County Clerk's Document No. D206035360, Deed Records, Tarrant County, Texas; THENCE North 89°27'39" West (N 88°31' W Deed) ,with the south line of said Hudson's tract, with the north line of said Myers tract, a distance of 102.68 feet. (105.00' Deed) to a 5/8" iron rod found for the snutheast comer of aforementioned Gardens Commercial Partners tract and being the southwest comer of said Hudson`s tract; THENCE North 00°27'17" East {N 01 °47'40" E Deed), with the west line of said Hudson's tract and with the east fine of said Gardens Commercial Partners tract, a distance of 291.48 feet (289.8" Deed) to the POINT OF BEGINNING and combining a calculated area of 30,280 square feet or 0.695 acres of land.