HomeMy WebLinkAboutOrdinances (O-23-2247)-08/15/2023ORDINANCE 0-23-2247
AN ORDINANCE REZONING FROM CC-1 VILLAGE RETAIL TO PUD-C
PLANNED UNIT DEVELOPMENT — COMMERICAL DISTRICT ON LOT
1A, BLOCK 1, TUTUN ADDITION AND LOT 1, BLOCK 1, B03KU FAMILY
ADDITION LOCATED AT 5309 & 5311 COLLEYVILLE BOULEVARD;
BEING APPROXIMATELY 2.39 ACRES, PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application to change the
zoning from CC-1 Village Retail to PUD-C Planned Unit
Development - Commercial district, Case No. ZC23-014; 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 amend the City's zoning ordinance; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
City's zoning 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 City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the
City Charter, and state law with reference to changes to zoning
classifications under the City's zoning ordinance and zoning
map, having given the requisite notices required by law and
having held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the purpose of this ordinance is to amend the base zoning
for the real property described as Lot 1A, Block 1, Tutun
Addition and Lot 1, Block 1, Bojku Family Addition, commonly
known as 5309 and 5311 Colleyville Boulevard (the "Property"),
and to further provide for a PUD-C overlay district to allow for a
nursery and greenhouse use.
Sec. 2. THAT the zoning for the Property is hereby amended as follows:
Ordinance 0-23-2247
Page 2 of 6
1. GENERAL
a. The Property shall further be subject to a PUD-C
overlay district (the "Overlay District") upon the
effective date of this ordinance. The Overlay District
shall be subject to all CC-1 Village Retail base zoning
district regulations, except as expressly provided
otherwise in this ordinance.
b. A nursery and greenhouse use with outdoor display of
merchandise is allowed within the area shown on the
Site Plan, which is attached hereto as Exhibit "B".
c. Should the Overlay District terminate in the manner
provided in this ordinance, the Property shall retain the
zoning classification of CC-1 Village Retail.
2. DEVELOPMENT OF THE PROPERTY
a. The Property is currently developed on two lots with
three (3) commercial buildings. The lot for the
proposed nursery use shall be developed with one
additional greenhouse generally consistent with the
Site Plan, which is attached hereto as Exhibit "B".
b. The existing buildings and proposed buildings erected
on the lot for the proposed nursery use shall be
consistent with the elevations, materials, and
articulation as depicted in Exhibit "C", unless expressly
provided otherwise in this ordinance.
c. No merchandise may be located and displayed forward
of the wrought iron fence.
d. The existing southern building (previous restaurant)
shall remain.
3. PUD-C OVERLAY DISTRICT REGULATIONS
The following PUD-C Overlay District regulations shall apply to
the Property while the Overlay District is in effect:
a. Permitted Use. The permitted uses for the Property
shall be those listed for the CC-1 Village Retail base
zoning district. The use of nursery and greenhouse
Ordinance 0-23-2247
Page 3 of 6
with outdoor display of merchandise shall be allowed
as shown on the Site Plan, which is attached hereto as
Exhibit "B". All CC-1 Village Retail district regulations
shall apply to the Overlay District except as expressly
provided otherwise by this ordinance.
b. Business Name. The nursery and greenhouse
business shall at all times be required to operate under
the name "Marshall Grain"; provided, the owner of the
business may request to change the name of the
business by applying for a Special Use Permit (SUP).
c. Landscaping.
1. All landscaping shall meet the minimum
requirements of Chapter 4 - Landscaping and
Buffering in the Land Development Code except as
amended.
2. All landscaping shall be as shown on the plan in
Exhibit "C" and subject to approval by city staff.
3. The required 20-foot landscaping adjacent to
Colleyville Boulevard shall be reduced to zero.
4. The existing monument sign for the nursery use
shall provide landscaping around the base.
d. Building Design.
1. All building designs for the nursery use shall be
generally consistent within the elevations shown in
Exhibit "C".
2. Building(s)
a) Building one is a brick building being one-story
and 2,000 s.f.
b) Building two is a one-story storage building of
2,833 s.f.
c) Building three is a proposed one-story
greenhouse of 6,000 s.f.
Ordinance 0-23-2247
Page 4 of 6
d) Building four is a one-story brick building
(previously a restaurant)
3. The greenhouse building shall be painted to
coordinate with the aesthetic of the remaining
structures on the site and subject to approval by
city staff.
e. Fencing and Screening. A minimum eight (8) foot
wood fence shall be constructed along the north, south
and east property lines of the nursery use prior to the
issuance of any certificate of occupancy as shown on
the plan in Exhibit "C" and subject to approval by City
staff.
f. Parking. The parking provided for the nursery use is
28 spaces.
g. Signage. The monument sign for the nursery use shall
be allowed as it currently exists with the exception of
language per c.4 above.
4. TERMINATION OF THE PUD-C OVERLAY DISTRICT
a. The PUD-C Overlay District is conditioned upon the
development and operation of the Property in the
manner provided herein. The PUD-C Overlay District
Regulations provided in Section 2, Subsection 3,
above shall automatically expire upon any one or more
of the following:
a building permit for development of the nursery
business is not issued within 12 months of the
effective date of this ordinance;
ii. following completion of construction, the
nursery business ceases to operate for a period
of 90 consecutive days;
iii. the nursery business operates under any name
other than Marshall Grain, unless otherwise
permitted by this ordinance; or
Ordinance 0-23-2247
Page 5 of 6
iv. there is a change in ownership of the nursery
business.
Sec. 3. THAT the Property 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. All requirements of the Land Development Code shall be
met, except as expressly amended herein.
Sec.4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and after
its passage subject to the publication of the caption, as the law
or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1st day of August
2023.
Ordinance 0-23-2247
Page 6 of 6
The second reading and public hearing being conducted on the 15th day of
August 2023.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH
DAY OF AUGUST 2023.
Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye
ATTEST: C OFaOE::LLE
Christine Loven, TRMC Bobby
City Secretary Mayor
777ORM :
Whitt Wyatt
City Attorney
5309
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Exhibit "B" - Site Plan
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Exhibit "C" - Building Elevations, Landscape Pan & Tree
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