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Home My WebLink AboutOrdinances (O-13-1893)-11/05/2013 ORDINANCE 0-13-1893 AN ORDINANCE AMENDING ORDINANCE 0-12-1822 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-12-1822 on February 21, 2012, to establish the zoning of 4.8 acres on Lots 1A and 2, Block 1, of the Wildwood Estates Addition; and WHEREAS, the applicant has requested an amendment to Ordinance 0-12- 1822; 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 Ordinance 0-13-1893 Page 2 of 5 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. 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 amending Ordinance 0-12-1822. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on 4.8 acres on Lot 1R, Block 1, of the Wildwood Estates Addition as depicted on Exhibit "A" and described in Exhibit "B". Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. AMENDMENTS TO ORDINANCE 0-12-1822 a. The following amendments to Ordinance 0-12-1822 are hereby authorized: (1) Section 4(5)a: the requirement that the support columns be constructed of masonry materials is hereby Ordinance 0-13-1893 Page 3 of 5 deleted, attached as Exhibit "C". (2) Section 4(6)b: this section shall only apply if the adjacent properties to the south of the subject property are developed as residential properties, at which time the screening fence must be constructed prior to the final inspection of any adjacent residential development, as seen in the attached Exhibit "D". (3) Section 4(6)c: A decorative six (6) foot open rail steel panel fence shall extend along the northern property line along Hall-Johnson Road. (4) Section 4(7)b: The requirement for a 20 foot landscape buffer along the southern property line is hereby deleted, as seen in the attached Exhibit "D". (5) Section 4(8)a: the term "five (5) feet" is hereby deleted from this section. 2. GENERAL a. In lieu of construction, the developer may place into escrow the cost to construct the required ten (10) foot trail along Pool Road, per the requirements of the Land Development Code. Said escrow payment, or construction, shall occur prior to the issuance of the final certificate of occupancy. Sec. 6. 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. 7. 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 0-13-1893 Page 4 of 5 Sec. 8. 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. 9. 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. 10. 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. Sec. 11. THAT Ordinance 0-12-1822 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15th day of October 2013. The second reading and public hearing being conducted on the 5th day of November 2013. PASSED AND AfROVED by the City Council of the City of Colleyville, Texas, on this the day of Node".bc.r 2013. ATTEST: CITY OF COLLEYVILLE t 6 1 /4S, Amy t elley, T°I C David Kelly City Secretary Mayor Ordinance 0-13-1893 Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: i/446 ale/L-- Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 3803 5800 5861 4! 5801 AG 2505 2516 2508 £k�of Grapevi�le HaH-Johnsen Road ., ,,,_ 5704 << 2502 2500 x-2o_ subJect il 5702 1 ♦,. ?504 property 5760 \\ 'l PUS-c 2501 2503 i 5606 ' 5604 5605 ,Ly '4` ,,t,a}roe p$1 £ a 1 1':', 5 1 `t,1 5 00 i £ ,k �A .� F 1'.(a m4 ea z^� s, t 6,15 .w, r' 5603 ' €$s ,_. -._ _ � � is Sri 5600 5604 Y F . z } i Exhibit "B" - Statement of Planning Objectives Compass Christian Church is the owner of lots 1&2 of Block 1 of the S.C.H. Witten Survey A-1740. The approximate 4.8 acres was made a PUD per Ordinance 0-12-1822. The property is being developed for athletic and outdoor activities as a compliment to the main worship and Christian education facility to the north and Compass Center, a youth and community outreach center to the east.The church respectfully requests that the PUD be amended to reflect the following modifications: 1. Section 4(5)a-We request that the support columns for the pavilion be clad with masonry materials up to approximately 6 feet in height. We are requesting this for the aesthetic desires of the church. 2. Section 4(6)b-We request the requirement for an eight foot masonry screening fence along the southern property line be removed. Since the Ordinance was passed. the Church has acquired the property to the south so there is no longer a need to screen the property to the south. 3. Section 4(6)c-We request the requirement for a decorative eight foot tall open rail fence be revised to a six foot tall open rail fence, which given the location and intended use will act as a sufficient barrier for ball and players entering the vehicular parking area as well as the street. 4. Section 4(7)b-We request the requirement for a 20 foot landscape buffer along the southern property line be removed. Since the Ordinance was passed, the Church has acquired the property to the south so there is no longer a need to screen the property to the south. 5. Section 4(8)a-We request the verbage 'the developer shall replace and or repair the existing five (5) foot sidewalk along Hall-Johnson Road and Pool Road' be revised to 'the developer shall replace and or repair the existing sidewalk along Hall-Johnson Road and Pool Road'. The church has repaired and replaced the existing sidewalk as damage has occurred during the construction process, however the existing sidewalk width is not currently five feet. Replacing the entire sidewalk to be five feet in width was not indicated as a requirement including any of the Permit plan reviews nor site inspections until the zoning review occured for final review and occupancy. The church would like to provide earnest money or show funds allocated for future sidewalk replacement when future development of the land may occur. Exhibit "C" - Pavilion Exhibit y' I t Fr HEI!HT.T1,E ■ 02.SIDE ELEVATION J 1 V. n 4i -> .1 I ( I 1._I 1 t I t 1 I 6 FT HEICHT STO\E AT I:CLAINS :01 `1 FRONT ELEVATION IHEAH ELEVATION OPP HANOI ...,. Exhibit "D" - Site Plan / .. 1 111£001V C- hALL-/O1NSONRA /VARIABLE WIDTH RAW) MEDAN _....---'— REF NOTI 1'61rEE1 ilan"PA HIPII4r14. 4 4 barr • , a" 1..a..•••••■-1.-Q441t.., .... ''S -fl.'inTA-1%..." -,.,.. 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