Loading...
HomeMy WebLinkAboutOrdinances (O-12-1822)-02/21/2012ORDINANCE 0-12-1822 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.8 ACRES ON LOTS 1A AND 2, BLOCK 1, OF THE WILDWOOD ESTATES ADDITION '~ FROM THE RE-SINGLE FAMILY `ESTATE' RESIDENTIAL ZONING DISTRICT TO ''. THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT ~~ LOCATED AT 5604 AND 5700 POOL ROAD; 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 I WHEREAS, the City of Colleyville has received an application for rezoning under Case ' No. ZC11-027; 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 I'' WHEREAS, the Planning and Zoning Commission has divided the City into districts ~' and has prepared regulations pertaining to such districts in accordance I' 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 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 Ordinance 0-12-1822 Page 2 of 5 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 official zoning map on 4.8 acres on Lots 1A and 2, Block 1, of the Wildwood Estates ' Addition from the RE-Single Family `Estate' Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district located at 5604 and 5700 Pool Road, as depicted on 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 the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for parking, athletic, and outdoor activities in conjunction with the Compass Christian Church located at 2600 Hall- Johnson Road. 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 "C". b. Prior to the issuance of any building permit, an amending plat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the County Clerk. Ordinance 0-12-1822 Page 3 of 5 3. PERMITTED USES a. Athletic field b. Covered pavilion, not to exceed 7,200 square feet c. Basketball court d. Parking spaces 4. LIGHTING ' a. All lighting including parking lot, building and security lighting shall be II ~ directed away from residential areas and shall provide a maximum ili candle illumination of 0.5 foot candles as measured from the property ~' line. b. There shall be no nighttime illumination of any kind for the athletic field. c. There shall be no lighting within 50 feet of the west and south property lines. 5. COVERED PAVILION a. The covered pavilion area shall be generally consistent with the site plan attached as Exhibit "D" with all support columns and walls constructed of masonry materials. The pavilion shall be required to meet the building height requirements of the Land Development Code. R ero~~~ii~ir_ a. A ten (10) foot masonry and wood fence shall extend along the western property line. b. An eight (8) foot masonry screening fence shall extend along the southern property line. c. A decorative eight (8) foot open rail steel panel fence shall extend along the northern property line along Hall-Johnson Road to keep errant balls from making their way into traffic as attached Exhibit "E". 7. LANDSCAPING. BUFFERING AND OPEN SPACE ' a. The development shall provide a minimum of 50 percent of open space. '~i b. A 20 foot landscape buffer shall be maintained along the western and southern property lines. Additionally, the landscape buffers shall contain live plant material of the evergreen variety, which is expected to Ordinance 0-12-1822 Page 4 of 5 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 six (6) foot centers. The required plantings shall be required in the buffer along the western property line prior to the completion of the athletic field. 8. SIDEWALKS a. The developer shall replace and/or repair the existing five (5) foot sidewalk along Hall-Johnson Road and Pool Road should damage occur during the construction process. The sidewalk must be repaired or replaced prior to the final inspection on the site. b. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. (~ ~ The fir t reading and public hearing being conducted on the ~ day of 2012. The se ond rea ing and public hearing 2012. .S~- being conducted on the O,7/ day of Tr Ordinance 0-12-1822 Page 5 of 5 ATTE : . ~ ynthia Singleton, TR City Secretary ~ CITY OF COLLEYVILLE ~°U~~ , CMC David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ..~~~~ ~,' ~ Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map ~.'L{h7' 2~5~ ~ j ~ ~~bf ~F+~11 ~ :.~C+'_• ~~ti~; a~, ¢ ~ ~~ fi ~ ~~1~ a`fe~~4 ~+~~ ~ ~#G~ ~1~ '~~ s, i~~~ .~~~ ~ ' ~ ~ . . ~ b15 . ~ ' ~ ~ ~ ~ _~..~... ~_ ~,,.. ~.....~...~.~.' .. " ....~ ~ .. ~ .: ~ _~ ~:~ ~ ... ~ ~ ~~~ ~~ ~~ ~ ~ ~. ~~1 . ~.: ~ ~ ~~~ ~~ ~ ~ ~ # ~~~~. ~~ ~~ ~~~~~ .. ~ ~"~ .~~~ ~g~w ~ItM. _ ~_:.....w~ _ ~~+61t~ .W . f 5~i3 , ~ i ~`_ ~ _~ . _~. ~ L+,G , _ ~ Et2~ ti ~, ,,.~ ~r ''*~,~ u' ~ ~ ~ ~ ~ , ~SC+~ ~~+:I T ~ ca :+~~ .~ 3....~,~. _~..,..< ,~,W ~ ~~ " ,I~ ~ L. .. , :.. t~ w ~~ 13 r-- . . ~ ~, _: ~ :: ~ ~~ ~ ~ ~.'~'J1~tl~L ~~~ a~~C~ ~'~ Ag -~. L ~~~ ~ ~~~ ~ ~ _, ~` SI$~ ~ ~ T~}Cf ~ ~3'~1 ~~ ~ ~~ 8~tb ~ ~ '~ ~ ~~ ~13 ~ ' ~ ~~'~ ~~~~~ ~~ ~~~ ~a ~! i 1 ~ ~ :~~~ ' ~ ~,~{ ~ T'~ ° _ ~Fi7~ ~ ' ~ ~.3 +Gir~ ~if G~pe'wrjn~ Exhibit "B" - Statement of Planning Objectives C~mp~~ ~hristian Chu~~h is in proc~~s ~f ~cquiri~~ lai~ 1&~ oi' ~E~c~C 1~~ ~h~ ~.C.FP. W~~t~~ ~u~y A-174t}. TF~,~ appr~ximat~ly 4.~ acr~~ is acrt~s~ ~a~l Jot~ns~r~ ~r~m the exNS~ng Carnpass ~heist~an Ct~€rr~h main ~acili~y ar~d a~rr~ss Pc~al Rc~~d fir~m C~m~ass ~er~t+~, ~~r~ Y~uth ~d Corttmt~~~t~ ~u~r~ach f~cility alsa ~w~etl by th~ church.. T~t~ I~and us~s prc~p~seti include an ap~~ ~r~en ~p~~e #~r ~afhl~t'r~ ar~~ a~ttit~~r activit~es, an ~pen t~ask~~~{! ~ou~t, a 7~t~~t square #~~t c~~er~d ~avifion, ~~1 ~n approximatefy 1~fi sp~ce sur#ace pa~rk~n~ ~~i fi~r s~p~~~ af #~~ prt~posetl fand us~s as ~tell as ~ve~ft~w ~arkir~~ ~~r tk~e ~d~acer~t c~urch f~cili~i~. '~~ int~d~d t~n~ us~s ~rill adi~w t~~ ch~rc~ min~stry to expar~~ o€~t~anr o~~tians fvr not a~nly ~t~e ~rr~~eg~io~- ~ut ~ist~ f~r cvmmuni~y t~utre~~M inclut~i~~ ed~~~t~~n~1 ~~~~in~s, ~~l~~ic le~g~te r~s~, and recre~ti~n. lmp~ct ta ~eig~tb~ring et~rramunities ha~ b~~n car~fully r~uiev~e~ ~nd is irn~vrtant t~ #he c~~rch~s ~mphasis ~~ t~ei~c~ ~ g~~d n~ighbar, The ex~sti~~ ~esiden#~al c~r~tttunity t~ t~e west wr~! t~ave ten f~~t mas€~~ry and ~r~~~ f~nCe ~trier as ~ve~1 a~ a twen~y fa~t m~nim~arr~ d+~ep~ ev~rqreen lands~a~e b~ffe~ pl~nked in a free ft~rrn c~~ naturaf styl~. The lan~# t~ t~+~ south cu~rentl~ zon~tl r~si~e~itia! e~#ate wil! E~ve a 2{J f~o~t min~mum de~p ~~n~sr,~pe b~er, ~urY~n~~y the ctturch is iaoking at an ~ap~~c~n of fggh#ing the Po~i R~~d sid~ of t~e site ~away from the existing r~s~~de~nti~l a~e~~ to incEude kP~e ~rki~g lvt, ~avilican, a~d b~sk~tb~11' c~tort, ~u:t n~t t~e opPn t~r~en ar~a_ N~ se~und s~tem is laeing consid~red at th~s time. ~afe~r is ~Is~ a ca~nc~rn ~f t~~ ~chur~i~. ~urrently ~n wvr~hip ~~~vic~ t~r ~p~ci~l evcnts, t1~e church dc~es empl~,y~ ~e~uri~ p~~st~n~~l to h~~~ rv"rth ~th t~af[i~ f#o~ ~nd ped~striarr traf~c crossin~ the Hall J~hnsor~ -~`~a! R~~ad intersec~i~r~. ~'k~is wt~~l~ ~~ntinu~ f~r this pr~pe~+ as v~eil. ~s ~ t~rd~r t~ th~ ~pen g~en s~a~ ~thE~tr~ fiields, an 8 f+aa# +~~en ra~l s~:el ~ane1 ~~~t~ce wi~ ~ed~es a~ill ~e ~~ovid~~ down ~ia;ll Jt~hrison tc~ t~e~p ice~p err~nd ba~J~ frr~m ~~k~n~ tl~~ir w~y ir~to tr~~fic. T~e sfr~~E scape +~ili ~~c1~d~ trees~ ~nd ptantin~s ~s required b}+ ~;ar~dscap~ ordir~an~es and hedg~s at tfi~e p~rimeter ~f th~ ~ar~~ng i~t. Geneeal lan~sr,~ping and lantlsc~~ing a~c~t~ts wi~l ~e ~~~vi~d~d tt~raughaut t~e ~ite f~~ ertha~tc~ment ar~~ be,~utif~catit~r~ of the 1a~d. ~e si~~ w€91 be irriga~etl inclutling fh~ ~xisting lan~sca~e n~~r ~he city sign. A landsca~~ ~aaclct#r~~ wt~h be p~ovi~~d f~r ~h~ sign t~ ~1~~~ t~e sign #~ mawntain its r'der+ti~y an~ ~1~9~1~ ~~ ~€~m any ~art~p~sed ~iie ~ightfnt~ th~# may accur. Exhibit "C" -Site Plan 9 ~J F~C7~ MASO~JRY AN~ WflUQ F~~ICE AT ~DJtJINING ~~ISTING RESfDENTIAL ~ ~ ~ +y. ~~~ ~ - ~, ~ ~ « • * ..,_,~,.-._...._,: ,...,, ~ _.w ~"_ ~ .~ * ~ * . AI~~S ~UF : _ Ft ~ 2(? FC){~T ~V~RGREEN ~ .~ ~~~ ~ i ~~ Q ~ ~ ~ ~ ~ u. ~ m ~ ~ ' ' ~ ~ ~ ~ t~PEN A7Hl.~fIC FIEIGaS ~ ~ - { ,} ~ . ~ ...~ t~ ~ i _ - ~ Z ~ ~ C3 / , Lzi1 ~ ; ~ d ~~ ~ ~ ~ ~ t~ ~ ~ I Z ~ ~ LIG}°fTiNG AT COURTS AND PAV]LItJN ~ i ' ~ ~ ~ ~ B I ~, ~ ~ ~~° `~ .. ;~ ~~ ~ ~ ~ 12 ~ B ~ Z {,~ ~ ~ 5 F3 T~ ~ e ur~~ ~ a % r'' ,/ w`., .' ,~ ~ ~ ~1 ~ ~ z ,r , ~ GC+V ED PA IOt~ ~ ~ ~ ~ OASKET~A~.L Gc~UEt7 B ~ '~ I ~ 8 ~ % ~ 8 ~ t FT SIDEWR~IK ~ 8 ~ ~ ~ ~ ~ ' ~ ~ ~ _ r' f`'~ 24 F' f ~ ~ ~' t ~ 1 ; ~ ~ 9 B g '~ ~ ~ ~ ~ ~ LbGHTE~ PARKIHG L{3T 16~a SPAC~S ~ ' ~ 4 ~ ' i ~ e fJ ~ I " ~ . ~ / t # ~ ~ Pt~CJL R{7AC1 --- NOf~TN : . ~ .~ ~. .n ,:~ ,. Exhibit "D" - Pavilion Exhibit ~ ~ t K W ~ v C ~ LL .~ ~ C d Q ~ W ~ ~ t K W