The URL can be used to link to this page

Home My WebLink AboutOrdinances (O-23-2269)-11/21/2023ORDINANCE 0-23-2269 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, REZONING FROM PUD-C PLANNED UNIT DEVELOPMENT - COMMERCIAL TO PUD-C PLANNED UNIT DEVELOPMENT - COMMERICAL DISTRICT ON LOT 1, BLOCK 1, SAN BAR SQUARE ADDITION LOCATED AT 105 CHEEK-SPARGER ROAD; BEING APPROXIMATELY 1.94 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 PUD-C Planned Unit Development - Commercial to PUD-C Planned Unit Development - Commercial district, Case No. ZC23-006; 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 1, Block 1, San Bar Square Addition, commonly known as 105 Cheek-Sparger Road (the "Property"), and to further provide for a PUD-C overlay district to allow for a compounding pharmacy and medical and general office uses. Sec. 2. THAT the zoning for the Property is hereby amended as follows: Ordinance 0-23-2269 Page 2 of 5 1.GENERAL a. The Property shall further be subject to a PUD-C overly district (the "Overlay District") upon the effective date of this ordinance. The Overlay District shall be subject to all CPO Professional Office base zoning district regulations, except as expressly provided otherwise in this ordinance. 2. DEVELOPMENT OF THE PROPERTY a. The Property shall be developed with two office buildings (Compounding Pharmacy in Building 1; medical office and general office in Building 2) generally consistent with the Statement of Planning Objectives and Site Plan, which are attached hereto as Exhibit "B" and Exhibit "C", respectively. b. The buildings erected on the Property shall be consistent with the elevations, materials, and articulation as depicted in Exhibit "D", unless expressly provided otherwise in this ordinance. 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 Uses. 1. The permitted uses shall be those listed for the CPO Professional Office Commercial base zoning district. The following uses shall be permitted by right: a. A Pharmacy including compounding shall be allowed in Building 1. The permitted land uses shall be allowed on the subject properties per the use designations labeled on the buildings shown in Exhibit "C". b. Lighting. 1. All lighting including parking lot, building and security lighting shall be directed away from residential areas Ordinance 0-23-2269 Page 3 of 5 and shall provide a maximum candle illumination of 0.5 foot candles as measured from the residential property line. c. Landscaping. 1. All required landscaping shall meet the minimum requirements of Chapter 4 - Landscaping and Buffering in the Land Development Code. Removal of any dying trees will be replaced. d. Building Design. 1. All building designs shall be generally consistent within the elevations shown in Exhibit "D". 2. Building designs shall meet the minimum articulation requirements of Chapter 6 - Building Design in the Land Development Code. 3. There shall be no drive-thrus. 4. Buildina(s): a) Building 1: one-story, 6,200 s.f.; and, Building 2; one story, 6,300 s.f. b) Development shall generally conform to the Conceptual Site Plan. e. Fencing and Screening. A minimum eight (8) foot masonry fence/wall constructed of the same material as the buildings, shall be constructed along the south and east property line adjacent to existing residential properties; the masonry fence/wall will step down to six feet at the garage of the residential property located at 119 Cheek-Sparger Road, and will step down to four feet at the building line of the residential property at 119 Cheek-Sparger Road, and shall be built at the beginning of construction. Ordinance 0-23-2269 Page 4of5 f. Parking. The number of parking spaces provided shall be 63 spaces. g. Sidewalk. The sidewalk on the northeast of Cheek-Sparger Road will terminate at the residential property line for 119 Cheek- Sparger Road. 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 8th day of November 2023. The second reading and public hearing being conducted on the 215t day of November 2023. Ordinance 0-23-2269 Page 5 of 5 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST DAY OF NOVEMBER 2023. Mayor Bobby Lindamood Aye Mayor Pro Tern Callie Rigney Brandi Elder, Place 1 Aye George Bond, Place 2 Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Chuck Kelley, Place 5 Aye ATTEST: Christine Loven, TRMC City Secretary PXEDTO Ff�RM: Nicole Corr //�^ City Attorney TY OF COLLEYVILLE Bobby Lin amood Mayor Exhibit "A" - Zoning Exhibit 4101 128 132 41001, ME 4013 4012 4009 4008 PUD-C 125 129 133 4005 4007 R-40 4004 a001 4000 3915 3914 304 108 112 116 120 124 128 3913 3910 100 210 ,. SPARGER OA0 _-123 127 3913 215 121 3917PUD-C "a204 t 105 124 12B 1343801 200 123 219 210 206 2 100 104 127 133 3805 W GREENBRIAR LANE W 106 125 3a09 203 z 3725 3 211 207 115 111 3720 108 112 136 200 204 208 212 300 3726 203 119 3721 GREENER NE 3716 3717 3716 (� I 3722 3717 3716 3717 3716 00 3713 3732 - 3713 3718 3732 3713 3732 0�003708 3714 'J'E W37043705 3709 3709 3708 3709 3706 f�l3704 3704 3705 3704 3705 3705 3708708 37003704 3700 3701 3700 709 3701 3701 Exhibit "B" - Statement of Program Objectives 1. Standard operations of the compound pharmacy - The pharmacy will be compounding both non -sterile and sterile compounds. The pharmacy will also be providing immunization, counselling, point of care testing service to the community. There will also be dispensing of legend medications along with over- the-counter area for applicable medications. 2. Will there be any required outside or inside gases? - There will not be any gas required for operations of the pharmacy. Are you referring to gas for heating? - then, yes. 3. Anticipated number of customers per day - The pharmacy will be providing delivery service and also store pick up so number of customers will very from day to day 4. Number of employees - It will be determined based on the business growth but initially the pharmacy will be employed with about 10 employees. 5. Will there be any retail products sold? - Yes, over the counter medications, Durable medical equipment etc. Exhibit "C" - Site Plan Exhibit 1113" - Building Elevations, Landscape Plan, and Tree Survey n\g aug i'$ �� 5 �. r I as I �{I 00, n � l> � o ] /9` 9ki'l MIN, l,!!,!,! is !!,!,!!!!444ti4 ;l,:lE!! /#// .f \/iaE �(|!(§| ` b///\\\\3