HomeMy WebLinkAboutOrdinances (O-10-1741)-01/19/2010ORDINANCE 0-10-1741
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY REPEALING ORDINANCE 0-04-1484; BY
AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF
TRACTS 2B AND 2802, ABSTRACT 963 OF THE ABSALOM J. LOTT SURVEY AND
LOT R-14-2, COLLEYVILLE INDUSTRIAL PARK ADDITION FROM THE ML-LIGHT
MANUFACTURING DISTRICT, CC1-VILLAGE RETAIL DISTRICT AND 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
~I ~~ 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. ZC09-010; and
WHEREAS, Ordinance 0-04-1484 is hereby repealed in its entirety; and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
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Page 2 of 7
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 on
Tracts 2b and 2b02, Abstract 963 of the Absalom J. Lott survey and Lot R-
14-2, Colleyville Industrial Park Addition from the ML-Light Manufacturing
zoning district, CC1-Village Retail zoning district and the PUDC-Planned
Unit Development Commercial zoning district to the PUDC-Planned Unit
Development Commercial zoning district, as depicted in Exhibit "A" and
described in Exhibit "B".
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 Ordinance 0-04-1484 is hereby repealed in its 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 retail, office and self-storage 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
conceptual site plan attached as Exhibit "C".
Ordinance 0-10-1741
Page 3 of 7
b. All subject properties that are not platted as of the passage of this
ordinance shall be platted in accordance with provisions of this
ordinance and the Land Development Code prior to the issuance of any
building permit.
3. PERMITTED AND PROHIBITED USES
The following land uses shall be permitted within this PUDC:
1. All uses permitted in the CC2-Shopping Center zoning district
2. Auto, truck or trailer rental
3. Office showroom
4. Warehouse
5. Self-storage facilities
6. Propane refilling station
7. Outside storage of recreational vehicles, boats and watercraft
The permitted land uses shall be allowed on the subject properties per the
use designations labeled on the buildings shown in Exhibit "C".
4. BUILDING LAYOUT AND USE SPECIFICATIONS
a. The following new buildings shall be allowed as described below and
depicted on Exhibit "C":
Phase One Buildings
1. Building One -Maximum Size: 14,000 square feet
Permitted Uses: Retail and General Office
Maximum Retail area: 7,000 square feet
Maximum Office area: 7,000 square feet
Maximum Height: Two story, 35 feet
2. Building Two -Maximum Size: 20,000 square feet
Permitted Uses: Office Showroom, Warehouse
Maximum Height: One story, 35 feet
3. Building Three -Maximum Size: 20,000 square feet
Permitted Uses: Office Showroom, Warehouse
Maximum Height: One story, 35 feet
Phase Two Building
1. Building One -Maximum Size: 28,000 square feet
Permitted Uses: Self-Storage
Ordinance 0-10-1741
Page 4 of 7
Maximum Height: Two story, 30 feet.
5. BUILDING DESIGN
a. All building designs shall be generally consistent within the elevations
shown in exhibit "D".
b. Building designs shall meet the minimum articulation requirements of
Chapter 6 -Building Design in the Land Development Code.
c. For any new buildings, exterior building colors, including roof-tops, shall
be of medium to dark hue of brown, black or maroon. Otherwise,
exterior colors shall match the natural color of the stone or brick
construction.
d. The exposed exterior walls of all buildings must be constructed of 75
percent masonry material. Window and door openings shall not be
included in the calculation of the area of the wall.
6. PARKING
a. All rental vehicles must be parked along the northernmost property line
of the subject property and shall not be parked closer than 80 feet from
the right-of-way of SH26.
b. This development shall provide a minimum of 101 parking spaces.
c. Except where noted above, all parking shall meet the minimum
requirements of the Land Development Code.
7. 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.
8. LANDSCAPING. BUFFERING AND OPEN SPACE
a. The developer shall construct a five (5) foot wide landscaped greenbelt
adjacent to the south and east property line adjacent to existing
residential properties. The greenbelt along the east property line shall
contain live plant material of the evergreen variety which is expected to
grow to six (6) feet height in two (2) years, a minimum of three (3) feet
in height at the time of installation and planted on 36 inch centers. The
Ordinance 0-10-1741
Page 5 of 7
greenbelt along the southern property line shall be planted with large
canopy trees, a minimum of five (5) to six (6) inches in caliper on 20 foot
centers.
b. Except where noted above, all required landscaping shall meet the
minimum requirements of Chapter 4 -Landscaping and Buffering in the
Land Development Code.
c. This development shall provide a minimum of 11 percent of open space.
9. SIDEWALKS
a. A minimum five (5) foot sidewalk shall be constructed along Industrial
Boulevard where none exists prior to the issuance of the certificate of
occupancy for any new structures.
b. A minimum five (5) foot sidewalk shall be constructed along SH26 prior
to the issuance of the certificate of occupancy for any new structures.
10. FENCES AND SCREENING
a. A minimum eight (8) foot masonry fence shall be constructed along the
south and east property line adjacent to existing residential properties
prior to the issuance of any certificate of occupancy.
11. GENERAL DEVELOPMENT REQUIREMENTS
a. The thirty (30) foot wide southernmost portion of the property shall be
used only for a fire lane. This area shall not be used for the parking or
storage of rental trucks, recreational vehicles or boat trailers.
b. The location and width of all fire lanes and the installation of any gates
shall meet the minimum requirements of the Land Development Code
and the Fire Code and shall be approved by the Fire Marshal.
c. The outside storage area for recreational vehicles, boats and watercraft
shall contain no more than forty (40) covered parking spaces.
d. Not more than eight (8) trucks for rental shall be parked or stored on the
property.
e. The hours of operation for any truck rental operation shall be as follows:
Monday through Saturday: 8:30 a.m. to 6:00 p.m.
Sunday: 9:00 a.m. to 1:00 p.m.
Ordinance 0-10-1741
Page 6 of 7
f. The location of the propane refilling station shall be located along the
northern property line as shown on Exhibit "C". The propane storage
tank shall not exceed 15 feet in height and 500 gallons in volume. The
storage tank shall not be closer than 100 feet from the right-of-way of
SH26.
g. Prior to the issuance of any building permit for any buildings deriving
primary access from SH26, a driveway permit shall be obtained from
the Texas Department of Transportation (TxDOT).
h. A mutual access easement shall be located along the southernmost
property line where it is adjacent to property zoned CC1-Village Retail
as of the passage of this ordinance. Otherwise, mutual access
easements shall be located adjacent to all properties with frontage
along SH26. If not dedicated as part of a plat, said easements shall be
dedicated by separate instrument prior to the issuance of the certificate
of occupancy for any new structure.
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.
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 reading and public hearing being conducted on the ~ ~ day of
2010.
Ordinance 0-10-1741
Page 7 of 7
The s cond reading and public hearing being conducted on the ~ day of
2010.
ATTES .
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
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David Kelly ,"
Mayor --'
APPROVED AS TO FORM AND LEGALITY:
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Matthew C. G. Boyle
City Attorney
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EXHIBIT "B"- Legal Description
SUBJECT PROPERTY DESCRIPTION
BEING a tract of land in the A. J. Lott Survey, Abstract No.963, in the City of Colleyville, Tarrant County, Texas,
and being more particularly described as follows:
BEGINNING at a point on the southeast line of State Highway No. 26 (100 foot right-or-way), said point being at
its intersection with the south line of the A. J. Lott Survey, Abstract No. 963;
THENCE North 29°16'00" East along the southeast line of said State Highway No. 26, a distance of 31.60 feet to a
point for corner;
THENCE North 89° 31' 43" East along the south line of Lot 1 in Block 1 in the Tinker Crossing Addition, a
distance of 333.77 feet to a point for corner on the east line of said Lot 1 in Block 1;
THENCE North 03° 37' 13" East along said lot line, a distance of 128.07 feet to a point for corner on the north line
of said Lot 1 in Block 1;
THENCE South 88° 54' 32" West along said lot line, a distance of approximately 269.46 feet to a point for corner
on the southeast line of State Highway No. 26;
THENCE in a northeasterly direction along said State Highway No. 26, a distance of approximately 206.63 feet to a
point for corner on the south line of Lot 16-R-2 in Block 1, Colleyville Industrial Park Addition;
THENCE North 89° 40' 00" East along said lot line, a distance of approximately 466.23 feet to a point for corner;
THENCE North 00° 34' 00" West, a distance of 260.06 feet to a point for corner on the south line of Industrial
Boulevard (60 foot right-of--way);
THENCE North 89° 26' 00" East along the south line of Industrial Boulevard, a distance of 300.00 feet to a point
for corner;
THENCE South 00° 34' 00" East, a distance of 260.06 feet to a point for corner;
THENCE North 89° 26" 00" East, a distance of approximately 111.16 feet to a point for corner;
THENCE South 00° 58' 06" East, a distance of 337.07 feet to a point for corner;
THENCE South 89° 54' S4" West, a distance of 1067.94 feet to the POINT OF BEGINNING, and containing
approximately 8.322 acres of land.
EXHIBIT "C"- Conceptual Site Plan
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EXHIBIT "D"- Building Elevations
EXHIBIT "D"- Building Elevations Continued