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HomeMy WebLinkAboutOrdinances (O-09-1736)-11/17/2009ORDINANCE 0-09-1736 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-00-1211 AND O- 08-1675; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 8.8 ACRES ON LOTS 1, 2R, 3R AND 5R, BLOCK 1, WINDING CREEK ADDITION FROM THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL 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an application for rezoning under Case No. ZC09-008; and WHEREAS, Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the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 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 r~ Ordinance 0-09-1736 Page 2 of 5 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 on 8.8 acres on Lots 1, 2R, 3R and 5R, Block 1, Winding Creek Addition from the PUDC-Planned Unit Development Commercial zoning district to the PUDC- Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". 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 Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for office and retail uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "B". n buildin ermit are lat of the sub~ect b. Pnor to the Issuance of a y g p p 1 ~ properties must be submitted and approved. No building permit may be 1' Ordinance 0-09-1736 Page 3 of 5 issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. All office uses allowed in the Land Development Code. 2. For buildings with frontage along State Highway 26, all uses allowed in the CC2-Shopping Center district shall be permitted. 4. BUILDINGS AND SITE PLAN APPROVAL a. The total square footage of all office buildings constructed within this development be allowed as follows: 1. General Office: Maximum Square Footage: 34,515 2. Medical Office: Maximum Square Footage: 13,565 b. All office buildings shall contain no more than one-story unless mixed with retail uses. c. All buildings constructed as part of this development that do not have frontage along State Highway 26 shall be generally consistent with the building elevation designs, attached as Exhibit "C". d. All buildings constructed as part of this development shall meet the minimum building design score of 30 as described in Chapter 6-Building Design in the Land Development Code. 5. PARKING a. All off-street parking required as part of this development shall meet the requirements of the Land Development Code. 6. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. 7. LANDSCAPING. BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 30 percent of open space. r' Ordinance 0-09-1736 Page 4 of 5 b. A 15 foot landscape buffer shall be maintained along the western boundary of the development where it is adjacent to residential properties. Additionally, the landscape buffer shall contain 43 wax myrtles planted on 15 foot centers. The required buffer shall be installed prior to the issuance of the certificate of occupancy for any new structures. c. A 25 foot building setback shall be maintained along the entire western property line where it is adjacent to residential properties. 8. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along State Highway 26 when any new structures are built. b. A minimum four (4) foot sidewalk shall be constructed along all fire lines and in front of each building when any new structures are built. 9. FENCES AND SCREENING a. A minimum eight (8) foot masonry screening fence shall be constructed along the entire western property line adjacent to residential properties prior to the issuance of the certificate of occupancy for any new structures. 10. OTHER a. A minimum of 221 caliper inches of new trees shall planted on the subject property per the requirements of Chapter 5-Tree Preservation in the Land Development Code prior to the issuance of the certificate of occupancy for the fifth structure built on the subject properties. b. For any building not fronting on State Highway 26, the hours of operation shall not exceed 7:00 a.m. to 8:00 p.m. c. All driveway approaches on State Highway 26 shall receive approval from the Texas Department of Transportation. 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. Ordinance 0-09-1736 Page 5 of 5 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. The first r ing and public hearing being conducted on the i~ day of 2009. Th second reading and public hearing being conducted on the ~_ day of 2009. ATTES j ~ CITY OF COLLEYVILLE ~.J Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ~ ~ -:f . w ~ , ~,. ~14~~ ~ _ ~ i ~:;- ; ~~~ 1421 _~~-' - ;' G ~ ~ ~ err L ~ I ~-L_ - ~-~" P u 1504 1512 1516 '' ---_ -- - __ ~. - - ---- ---_.. ~'~~J l /~' 651' 6516 6517 i_~1' j 6J~.~ 6J~~ 651J i rJ~OU f I} - -, ~~r'r~f /I( t ~ ~ ~ 1 l -- / 6511q h~51Jo X503 PUP-C / __ i 6505 ~ ' t 6tio5 6504 ~1.1~3~e+~t .,~.oo ~ Properties ,'- 6501 6 0 6501 -_.~ - ~;~: ----- - 6417 6416 6417 ~ - Y ' ~ f;4t74 ~~~` l 1 ` ' 7 1; „ ~ ~I ~ 541:a 6412 641~~ 64inJ ' ~~____.___~-_~~- - 6469 64L8 6409 ~ ,r- - - %~~ ~- =• it l r ~ 64015 64114 6405 r ::r':'~ ° _r0 i `rlLiCi 1 1 h'Il' Q~ I _4.1 /r'1 - ~ 4 ~0 ^h7 f- E -- ~4J• - - - 6312 ~ 4W --- ~ r-T 6;06 6308 63019 ~ ~~ 6005 63u4 630, / ~ , ~ ,i 1 --- ~=~rln 6301 ~ ~ ~ ~I I f~~ll1 _~__ i l I /~~ - j - ! ~ r-.-+r7n cn r-r.-+ra~ r-<-~nm r_~ t~~t. ~,-.. - Exhibit "B" -Zoning Exhibit ~t ~_JtN31N O H _~ ~ a ~ ,, ~ ~.. ._ ~. ~ ~1 ~,~ ,. „~.~: ~ `,.:. -~. ~. ~.Yrr4'~". ..v...~ (pj ~sJ ... Pby~o '~, ~,~, . ~~ - - _ ~~ ~o ~~ ~ ~ii~~ ,. ~~, .. -; f i 1 „~.%~ K .Y' . ~~ 4'\lll ~~ ~ `~ ~ k `,~. M O mr C g~ 4 l+i i C~"J Exhibit "C" -Building Elevations ~a~~.