HomeMy WebLinkAboutOrdinances (O-11-1814)-12/14/2011ORDINANCE 0-11-1814
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF LOT A1, BLOCK 1 OF THE HIGHLAND ACRES
ADDITION FROM THE CN-NEIGHBORHOOD COMMERCIAL ZONING DISTRICT TO
THE PUD-C-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 a rezoning under
Case No. ZC11-020; 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, among other things, to 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
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.
Ordinance 0-11-1814
Page 2 of 5
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
Lot A1, Block 1 of the Highland Acres Addition from the CN-Neighborhood
Commercial zoning district to the PUD-C-Planned Unit Development
Commercial zoning district, as depicted in the attached Exhibit "A" and as
described in Exhibit "B".
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to
incorporate the zoning change approved 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 an assisted living facility.
b. This facility shall be licensed as a Type B Assisted Living Center by
the Texas Department of Aging and Disability Services.
c. This facility shall be operated in conjunction with the existing
assisted living facility located at 5314 Bransford Road and shall be
owned by the same entity. Any change to this condition shall
require an amendment to this ordinance.
d. This property is subject to all the regulations contained in the Land
Development Code, except where amended by this Ordinance.
2. CONCEPTUAL PLAN
a. The development layout shall be generally consistent with Exhibit
«C„
3. BUILDINGS AND SETBACKS
a. The maximum square footage of the assisted living space for this
development shall be 7,012 square feet with a maximum of 20
residents.
Ordinance 0-11-1814
Page 3 of 5
b. There shall be no more than four (4) cottages allowed for this
development. The cottages shall not exceed one story in height.
The cottages shall only be available to spouses or to family and
friends of the residents who have power of attorney. The cottages
shall not be rented for any reason nor shall they be sold unless they
are sold in conjunction with the entire facility. The maximum square
footage of the cottages shall be 2,197 square feet. The location of
the cottages shall be consistent with Exhibit "C".
c. All building elevations shall be consistent with the elevations shown
on Exhibit "D".
d. Exterior construction materials for all buildings shall be composed of
a masonry material such as stone, brick or stucco.
e. As depicted on Exhibit "C", not more than three elements on the
phase one building shall be allowed to extend into the required 25
foot setback along the western property line provided said elements
are not closer than 20 feet from said property line.
4. OPEN SPACE
a. This development shall provide a minimum of 29.7% common open
space, as shown on Exhibit "C". All open space areas shall be
landscaped and maintained by the property owner as shown on the
attached Exhibit "C".
5. LANDSCAPING
a. The landscape buffering along the west property line shall be a
minimum of 20 feet wide except that the fire lane shall be allowed to
encroach within five feet on both the north and west landscape
buffer as depicted on Exhibit "C".
b. Except where noted above, all other landscaping shall comply with
Chapter 4-Landscaping and Buffering in the Land Development
Code.
6. SIDEWALKS
a. The sidewalk along Timberline Drive North must be at least four (4)
feet wide. The sidewalk must be installed when any new structures
are built on the property.
Ordinance 0-11-1814
Page 4 of 5 ~
7_ PARKING
a. This development shall be required to have a minimum of 24
parking spaces.
H. LIGHTING
a. All lighting shall be designed so that it has a minimal impact on the
surrounding properties and directed away from adjacent residential
properties. Illumination from light poles shall not exceed 0.5 foot-
candles as measured from any portion of the property line.
9. FENCING AND SCREENING
a. A minimum eight (8) foot masonry fence shall be constructed along
the north and west property lines adjacent to residential property.
10. SIGNAGE
a. All signs shall meet the minimum requirements of the Chapter 7-
Sign Regulations of the Land Development Code.
11. GENERAL
a. The driveway approaches located on Timberline Drive North shall
be spaced a minimum of 75 feet apart.
b. Prior to the issuance of the final certificate of occupancy, a
crosswalk shall be marked across Timberline Drive North befinreen
the subject property and 5314 Bransford Road. Additionally, a
pedestrian crossing sign shall be installed on both sides of the
crosswalk. The specifications of the crosswalk and signage shall
meet all City requirements and shall be inspected and approved by
the Public Works Director before the certificate of occupancy is
issued. The cost of the crosswalk and signage shall be paid by the
developer.
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.
Ordinance 0-11-1814
Page 5 of 5 i
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 an publi hearin bein conducted on the ''~
9 9 ~ day of
2011.
d readin and p blic hearing being conducted on the day of
~ 2011.
~ ATfEST• t
C hia Singleton, TRMC, CMC
' City Secretary
CITY OF COLLEYVILLE
~~~~~~~~
David Kelly
Mayor
' APPROVED AS TO FORM AND LEGALITY:
' ~J- ~
~ r~~~~`'~
Matthew C. G. Boyle
City Attorney
Exhibit A-Location and Zoning Map
Exhibit B- Statement of Planning Objectives
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