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WHEREAS, Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their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~~.