HomeMy WebLinkAboutOrdinances (O-89-751)-12/31/1989
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ORDINANCE NO: 0-89-751
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AN ORDINANCE AMENDING THE CITY OF COLLEYVILLE ZONING ORDINANCE AS
PREVIOUSLY AMENDED BY ALLOWING LOWER DENSITY USE IN M-L ZONING
DISTRICTS BY SPECIAL USE PERMIT: ESTABLISHING USE CONTROLS IN
ISAID SPECIAL USE PERMIT: PROVIDING FOR A PENALTY FOR VIOLATION:
AND PROVIDING FOR PUBLICATION:
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WHEREAS, the City Council recognizes the benefit and value of
owner occupied residences; and
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jWHEREAS, lower densities accomplished by single family detached
housing in M-L Zoning Districts when regulated by
special conditions unique to the area in question are
considered beneficial and are preferred to higher
density mUlti-family use; and,
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WHEREAS, due consideration to amending the City's Zoning
Ordinance accordingly following public hearings before
the Planning and Zoning commission and City Council;
and,
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WHEREAS" the Planning and Zoning commission by a vote of
Ayes and Noes supported by
recommendation the use of Single Family detached housing
in M-L Zoning Districts with limited restrictions
imposed through Special Use Permit provisions; and,
The Planning and Zoning Commission has given reasonable
consideration, among other things, to the character of
each district and the peculiar suitability for
particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of
land throughout the municipality; and,
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WHEREAS,
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the City Council has given due public notice of hearings
relating to zoning districts, regulations, restrictions,
and held such public hearings; and,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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Isec. 1:
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That the first sentence of section 19.2 of the
Colleyville Zoning Ordinance be amended to read as
follows:
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Sec. 2:
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"The purpose and intent of the "M-L Light
Manufacturing and Industrial District" is to
provide for land, building and structural
uses encompassing a variety of mixed whole-
sale and warehousing activities, light
manufacturing, processing and assembly plants,
general offices, research and development
laboratories, select commercial uses and
planned single family uses. The locational
characteristics of the district rely on
accessed major thoroughfares and highways,
and in some cases adjacent to railroad
access. The intensity of uses permitted
in this district are further restricted to
facilities which are not obnoxious by
reason of emission of odor, dust, smoke,
gas or noise."
That Section 19 of the Colleyville Zoning Ordinance be
amended by adding thereto a Section 19.11, providing as
follows:
"19.11 Planned Single Family Use in M-L
Zoning Districts by special use permit.
(a) Purpose and Intent - the purpose and
intent of the grant of a special use
permit for single family use in a M-L
Zoning District is to provide for the use
in said zoning district of land,
buildings and structures, for an
appropriate combination of residential
uses, accessory uses and special uses and
to accommodate uses of land in M-L zoning
districts for single family purposes when
said use is pursuant to a plan designed
to encourage the most appropriate and
aesthetic uses of land having due regard
for the special arrangement of buildings,
land uses, open spaces, circulation
transportation patterns and consideration
of special site and topographical
features, which are controlled and the
actual development becomes incorporated
into the grant of the special use permit.
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(b) Allowable Uses - land, buildings or
structures within an area zoned M-L on
which a special use has been granted may
be used for any appropriate combination
of principal uses, accessory uses, and
special uses as permitted in residential
zoning districts. However, the City
Planning and Zoning Commission and the
City Council reserve the right to
prohibit and exclude certain uses within
any planned district, when, in their
opinion, the inclusion of certain uses
would or could cause or create an adverse
impact within or to an adjacent
development, or be an otherwise
inappropriate use within the development
or detrimental to persons or property
within the adjacent districts thereto.
(c) Permitted Uses - the land, buildings
and structures within an M-L Zoning
District upon which a special use permit
has been granted may be used in any
single purpose or mixed type of
residential dwellings, including but not
limited to the attached single family
dwelling on conventional sub-division
type lots, attached dwellings such as
duplexes and townhouses, "cluster
housing", patio homes, atrium homes,
zero-lot line homes, (with a maximum of
one side wall of the dwelling in common
with a side property line).
Additionally, accessory uses customary
and incidental and secondary to any
allowed foregoing use are allowed in the
district.
(d) Prohibited Uses - uses not expressly
permitted in residential zoning districts
of the Zoning Ordinance are expressly
prohibited in any M-L district with
special use permit unless otherwise
authorized and approved by the City
Planning and Zoning Commission and the
City Council.
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(e) Minimum Lot Size Requirements;
Minimum Yard Requirements; Maximum
Building Heights; and Maximum Lot
Coverage - the maximum height, lot width,
lot depth, floor area ration and lot
area, and the minimum off street parking
and loading requirements for a special
use permit in M-L Zoning District shall
comply with or be more restrictive than
the standard established in R-MF Zoning
Districts. The City Planning Commission
and City Council may alter such
requirements when in their opinion the
proposed development densities and land
use arrangements shown on the site plan
would result in the more innovative
siting of buildings and facilities which
would improve the usefulness of yard
areas and the relationship to traffic
circulation, admittance of light and air
to buildings, fire protection and useable
open space.
(f) Off-Street Parking and Loading
Requirements - off-street parking and
loading requirements pertaining to uses
allowed in this district shall conform
with the provisions of section 25 "Off-
Street Parking Requirements", and Section
26, "Off-Street Loading Requirements".
(g) site Plan and Supporting Documents
Required - any application for a change
in zoning district boundaries on the
"official zoning map" to establish a
special use permit in an M-L Zoning
District shall be accompanied by a site
plan and supporting documents therefore,
in conformance with the provisions of
Section 33.3, "Petition for Zoning
District Change or Special Use Permit:
site Plan and Supporting Documents
Required".
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(h) Nature of Amending Ordinance
Approving a Special Use Permit in M-L
Zoning Districts - in approving any
request for a special use permit in M-L
Zoning Districts, the City Council shall,
on the recommendation of the Planning and
Zoning Commission, incorporate in the
amending ordinance reference to the
approved site plan, supporting documents
and other conditions or restrictions
imposed on the project by the commission
including those of Council, and said
information, conditions and restrictions
shall constitute controls and limitations
upon the development and use of the
property. The approval and adoption of
the amending ordinance by the Council
shall result in the appropriate change to
the "Official Zoning Map". However, the
zoning change does not constitute
recording of a "final plat", nor
authorize the issuance of building
permits and "certificates of occupancy",
until such time as a "final plat", and
supporting legal and construction
documents have been prepared and
submitted for Council approval on all or
part of the proposed development, in
conformance with the requirements and
procedures of the City Subdivision
Regulation Ordinance and the requested
zoning change.
(i) Requirements for "Final Plat",
Submission Following Grant of Special Use
Permit - within a maximum of six
consecutive months, following the
approval of the special use permit in the
M-L Zoning District by the Council, the
applicant shall file with the City
Planning and Zoning commission a "final
plat" and necessary supporting documents
of all or a part of the site in
conformance with the City's Subdivision
Regulations Ordinance. In its discretion
and for good cause, the Planning
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Commission may extend for six months the
period of filing for the "final plat",
upon written request by the applicant.
Should the applicant fail to submit a
"final plat" within the six month period
following the City Council approval of
the Special Use Permit, or by the
termination date of the filing of the
extension granted by the Planning and
Zoning Commission, the Commission may
initiate proceedings under Section 33 to
amend the official zoning map by removing
all or part of the Special Use Permit in
the M-L Zoning District from the official
zoning map and placing the area involved
in another appropriate zoning district.
The City Council may uphold the
Commission's recommendation and proceed
to advertise and hold public hearings
thereon, or may elect to continue the
special use permit in the M-L Zoning
District.
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(j) Compliance with Development Schedule
- an application for a planned unit
development district shall be accompanied
by a development schedule indicating the
appropriate date on which construction is
expected to begin and the rate of
anticipated development to completion.
The development schedule, if adopted and
approved by the City Council, shall
become a part of the development plan and
shall be adhered to by the owner,
developer and his successors in interest.
The development schedule shall be
reviewed annually by the building
inspector and he shall report to the City
Planning and Zoning Commission the actual
development accomplished as compared with
the development schedule. The City
Planning and zoning commission may, if in
its opinion the owner or owners of
property are failing or have failed to
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Sec. 3 :
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meet the approved schedule, initiate
proceedings under section 33 to amend the
official zoning map by removing all or
part of the special use permit in the M-L
Zoning District from the official zoning
map and placing the area involved in
another appropriate zoning district.
Upon the recommendation of the City
Planning and Zoning Commission and for
good cause shown by the owner and
developer, the City Council may also
extend the development schedule or adopt
such new development schedule as may be
indicated by the facts and conditions of
the case.
That Section 22.1 (1) of the Colleyville Zoning
Ordinance be amended by indicating that the use of "one
family dwelling, detached" is allowed in M-L Zoning
Districts with a special use permit.
That Section 23 of the Colleyville Zoning Ordinance be
amended by adding thereto a note (J) providing as
follows:
"J. Single Family Uses may be employed in R-
MF or M-L Zoning Districts based upon a
special use permit. Conditioned upon the
submission and approval of a development plan
by the City pursuant to the provisions of
Section 14.12 or 19.11 of the Zoning
Ordinance."
Further, Section 23 of the Colleyville Zoning Ordinance
shall be amended by placing in each classification of R-
MF the following:
"See Note J."
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Any person, firm or corporation violating any of the
provisions of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be fined
in a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall
constitute a separate offense and shall be punishable as
such.
The City Secretary is hereby authorized and directed to
cause publication of the descriptive caption and penalty
clause hereof as an alternative method of publication
provided by law.
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AND IT IS SO ORDERED
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12 The first reading and public hearing being conducted on the
day of , 1989.
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The second reading and public hearing being conducted on the
14 day of , 1989.
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The third reading and public hearing being conducted on the
day of , 1989.
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ATTEST:
CITY OF COLLEYVILLE
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19 LaVada Johnson
City Secretary
Chris Hawkins
Mayor
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APPROVED AS TO FORM AND LEGALITY:
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Ross T. Foster
23 City Attorney
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MEMORANDUM
TO: Mr. Bo McDaniel, City Manager
City of Colleyville
FROM: Ross T. Foster
DATE: November 2, 1989
SUBJECT: Ordinance - M-L Zoning Districts
Please find enclosed the Ordinance which you requested
allowing for single family residence, based on the PUD concept in
M-L Zoning districts.
I would view the adoption of this Ordinance as an aberration
within the Zoning Ordinance and cannot recommend it. If there is
a specific problem to be solved with the adoption of this
Ordinance, I would suggest it be resolved by rezoning the
property as opposed to creating this aberration.
If additional information is required, please advise.
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