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HomeMy WebLinkAboutOrdinances (O-08-1695)-12/02/2008ORDINANCE 0-08-1695 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 0.64 ACRES ON LOT 3, BLOCK 1, OF THE SUNRISE TERRACE ADDITION, 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 rezoning under Case No. Z-08-017; 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 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 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 0-08-1695 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 of .64 acres on Lot 3, Block 1, of the Sunrise Terrace Addition, from the R20- Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map; Exhibit "B", labeled Conceptual Site Plan; and Exhibit "C", labeled Building Elevations. Sec. 3. 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. 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 a professional 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 layout of the development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the final replat. b. The developer shall submit and receive approval from the City, a final replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. Ordinance 0-08-1695 Page 3 of 5 3. PERMITTED USES a. Uses allowed in the CPO-Professional Office Commercial zoning district. 4. COMMERCIAL BUILDING ELEVATIONS a. All structures shall be generally consistent with the building elevations, attached as Exhibit "C" as shall, otherwise, meet the minimum building design requirements of the CPO-Professional Office Commercial district. 5. COMMERCIAL LOT REQUIREMENTS AND SETBACKS The subject commercial lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Front Building Line d. Side Building Line e. Rear Building Line 20,000 square feet. 175 feet. 40 feet. 15 feet. 20 feet. 6. SCREENING AND LANDSCAPING a. An eight (8) foot masonry wall shall be constructed and maintained along the rear property line adjacent to single family residential used properties prior to issuance of a certificate of occupancy. b. Nine (9) trees, measuring at least three (3) inches in caliper and spaced a minimum of 20 feet apart shall be planted within the 20 foot rear greenbelt. c. Four (4) trees, measuring at least three (3) inches in caliper, shall planted within each 15 foot side greenbelt. d. A minimum six (6) wood or masonry fence shall only be built along both side property lines adjacent to property used and/or zoned as single family residential. The fencing shall not extend beyond the front line of the main structure. The fencing shall not be required upon a change in zoning or use to commercial on the adjacent properties. e. All landscaping shall meet the minimum requirements of Chapter 4 - Landscaping and Buffering in the Land Development Code, except where amended herein. Ordinance 0-08-1695 Page 4 of 5 7. OPEN SPACE a. This development shall provide not less than 30 percent common open space, which shall generally be configured as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. 8. SIDEWALKS a. Sidewalks, five (5) foot in width, shall be required along Glade Road and installed prior to issuance of a Certificate of Occupancy. 9. OTHER a. The building shall be limited to one-story and allowed no more than two (2) tenants at any given time. b. A 24 foot mutual access easement shall be provided along the entire front of the property to allow for future connectivity to the lot. c. No dumpster shall be placed on this lot, for any purpose, including for garbage, refuse, or recycling. d. Lighting along the rear of the building shall be limited to security lighting, not to be a nuisance to adjacent residential properties. 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. Ordinance 0-08-1695 Page 5 of 5 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. first r ading and pu lic hearing being conducted on the ~~ day of l~-r~~ 2008. ing and public hearing being conducted on the ~ day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~~ ~ CITY OF COLLEYVILLE David Kelly Mayor Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map wiw~~^ tY )~~~ _ ' . 1E1 1 T 'trl: ~' X13 ,r~~l~~tas.- `°1~7 i "11: 111 $z.G ~,~~ n ~ i I - ,,._~ :71119 i ~ i ' ~-W ~ 1115 11:.1. 11t?+E ~~ 1 ~7' .~ 4'rJ4 i t ~ _U ~ ~ ~~ ~ 7tDJ I t J7.«.Fi1;51~~ "T"om..,.... ,' [ ,. ~ .~~~ 1'SU~,1 115 `=1B ~ 1'1:.'1 , ~7 , r ~ PtJfDR ~~~ ~ nsl t1'i3 _ 112 rr ~.rt 111 t '7 ~~~~ ~ :~ Puoc . , ~ ,_ ~~' ff ., - ~~ 1 ~ ~. ..,11a ~I`9~ I11T~ Ic'~l '~ ~~ l~f \ 1 ~ i Y,' ,~ r ~ti t ~~4' ' ~ Y ' 11i~ II?ti 14$ ' '~ ~~ 1~ b ~ t ".- __ ~- _•--- ~4~-~~~'~ --r- <tu 1,. ~ ft~1 tl?° ;~, R~0 ,~ _ , , ~ ~- _}_.... t '~ . ,na ,' X11' ~ i t 1~i5 r.r, tI )~ ~ 11 ). ~ , ~. I ` Ud ~~ dt~ ~ 5 ~~S 1 ,. ~ ....~,.».. ~ 1 1 _ 1 s ,. -..... ~ ~~ F --~. _~ .... j n~ .~ >.: ~r~,~ IJJf TI!Y5 ~ 1'[11 ~ IT13 ~, mav,.. 1 1~=. 91'~ EXHIBIT "B"- Conceptual Site Plan ~~ ~~~. ..~..~ `. -- ~ ,fit, r /, . yt ~ '-~~ / ' ..~. ~ ~, ; t'`+t lea / {~ l" ~~~r`T ~ ~j-' x,33 ,. r ' _ ~ ...~. ,! ~ ~' ,,f ~ ~ ~ ~~ S' 4F }~ ~4 -CA'" ,~ .. ~~ .. ,; m ~~ r_, _ ~ti. ~' ,~ ~_ .~. ,-_ t~ ~.>' ~ p / ~~ ~~ i EXHIBIT "C"- Building Elevations ~.