Loading...
HomeMy WebLinkAboutOrdinances (ORDINANCE O-15-1949)-04/07/2015 ORDINANCE 0-15-1949 AMENDING THE OFFICIAL ZONING. MAP AND CHANGING THE ZONING OF LOT 5R-1, BLOCK 1 OF THE ANDY FELPS ADDITION LOCATED AT 4003 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; 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 rezoning under Case No. ZC14-027; 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 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 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 Ordinance 0-15-1949 Page 2 of 4 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 authorizing a Special Use Permit for a telecommunications tower at Lot 5R-1, Block 1, of the Andy Felps Addition located at 4003 Colleyville Boulevard, as depicted on the attached as Exhibit "A". 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. This Special Use Permit shall only apply to the use of a telecommunications tower as described in . Exhibit "B" and depicted on Exhibit "C" and "D". b. The tower shall be of a stealth monopole design and shall not exceed a height of 95 feet from the ground to the highest point of the structure as depicted in Exhibit "D". c. The tower and all related ground appurtenances shall be located within a lease area not to exceed 700 square feet. Said lease area shall be located on the subject property per Exhibit "C". Ordinance 0-15-1949 Page3of4 d. A minimum eight (8) foot tall decorative masonry wall shall be constructed around the entire perimeter of the tower lease area prior to the final inspection of the tower structure. e. At the time of building permit application for said tower, all non-compliant City code issues identified on the site that are not considered legal non-conforming as determined the city manager or his/her designee shall be brought into compliance prior to the final inspection for the tower. f. The telecommunications tower . and related construction authorized by this ordinance shall meet all requirements of the Land Development Code and the Code of Ordinances, except where amended herein. g. This Special Use Permit shall become null and void two (2) years from the date of approval by the City Council unless a building permit has been obtained on the property within said two (2) year period. h. The exterior of the telecommunications tower shall be Sherwin Williams Austere Gray, SW 6184. Sec. 5. THAT any person, firm or corporation violating anyof 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 Ordinance 0-15-1949 Page 4 of 4 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 and public hearing being conducted on the 17th day of February 2015. The second reading and public hearing being conducted on the 3rd day of March 2015. A continued reading and public hearing being conducted on the 7th day of April 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 1' ` day of ( 2015. -ATTEST: CITY OF COLLEYVILLE Ill Al Ake, 40 - AM-L helley, RM David Kelly d City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: -\(\tt LT). R.- Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map . \ \\,,,,\_4_:////:. .‘,.. .:.,,.,..,..:,.. ,/,,/,,,,,, : , , ,,,,, . • \city 0 Hu s` Subject Property ,/,.://- '. ' ''' ' '''. -.1..'..- ''-'-'.:' -.': l''1'-' ' '.: .' ' ' '..:''''' '.'''''.."'''''. ..-'', ,V ');''' '''';'Y ' '' . . ''ff.' ' ' s\.\ ft1„j f ipA -rQ' : , i r PUDIC Exhibit "B" — Statement of Planning Objectives SUP fortelteeinintinitatiOnteWer at 4003 Colleyville Blvd 'Revised Statementof Plannittg.Objeetives Verizon 'Wireless;I:quests a Specific Use-Perna fora telecommunication tower at 4003 Colleyville Blvd, Colleyville Texas, 76034.- The property is zoned d0;3,,highway commercial and itis fully developed and currently in use by Michael's ,Keys;:It is surrounded by property zoned CC-3 to the west which is currently occupied,by a fast food restaurant, and by vacant property zoned -Banned Unit Development-Commercial to the:east :and south. 'The' propeitytOthenortkis-outside'the city: imit. The -proposed location ibt,the tower is at the southeastern corner;of the let "There is heavy vegetation betWeen,the-lot and adjacent properties to the South. The distance between the base the tower and'any agricultural or residential district is More:than two nines the height-of The. tower, .as shown on the :Site plan. 04. TheloWer structure is 95 feet high, and the closest residential district,:an:R-20'..diaKet.to the south,is 223-feet from the closest edge of the tower rb*, The tower at the PrOpocc,t,Site, will be available for 11§-d-by at least:one additional wireless 'communications provider,:Slibject only tothe negotiation of a niutually acceptable site leases Vitlfthe providers This type of tower typically has entennes at0,:79%.'80? and 9.97;:anctinthis, case,‘ Verizon would,Use the antenna:Spots,at:90'- and Tho design Of the tower for:the 'Proposed Site:will.be stealth monopole 30" in diameter at its Widest Ipoint,'which'ina4Sthe tower(includingits-antennas, ground equipment,and ground layou4 the best-design available to serve Verizon Wireless'customers'coverage tie-eds,. The tower Will only be ninety-five feet(95!)-- tattle its highest point in a 20' x as.'-looso,arpa,:arid:ilweg*proorit on th0-grouhavill be beWed in outdoor equipment cabinets which will be screened with an eight-foot-high concrete masonry Wall, with exterior brick Veneer to match the existing:building on the Site. The tower and equipriterit win*iservicedbya,V,ehjale:that willparkentside the gate efthe.:equipment-nrea. As-indicated by Mr.-Siddities revised affidaVit,,attached„-there-are no other towers available Within a'one Mileradius to meet the etivongejieedi'dt this atea,:The:coverage niaPS:.attaehed'Ste his affidavit indicate the significant gap in reliable coverage inthis area new, and:The,opttinal Coverage that will be provided by,a,--tower,a4..this site The proposed site will provide optima! Overage'for thereSidentia and commercial areas within 1 milearoundthe Proposed Site andwill serve both needs by'filling existing Significant gaps.in ability of t:pp:tote ii-§etozdVeiWn witeleW wireless lieNvoitt-tO,fidde§g,the44ficina1 telepbonettet*ofic AS-indicated revised afftdavit,,nttached,this Site was the onlysite availablebedause, the other candidates were either not interested, did not respOnd 10:phonecalls regarding the proposed cell tower, their property did not meet the zoning-setback requirements, or the sites wererejeetedbythegatlinFrequency-specialist due-to coverage issues.- Exhibit "B" - Statement of Planning Objectives (cont.) Developmenchedule: request for two year period to submit building përmitl from date of apprOVal.. The development 'schedule cannot be provided with any certainty at this time The start and completion dates will be determined oiled the;site is released to,dOnstriictiOn. Once a site is ;awarded then we can provide the City'with an estimated.-start date and completion date; The engineer for the project estimates that construction will take approximately 6-8 weeks from start to finial:. The pity code provides that a-Special use permit approved by the Council shall become Mill and void one year from the date of approval by the City Coined unless abuilding permit or certificate of occupancy, whichever is applicable,:has been:obtained'on the property within said one year period: The City Council may in its adopting ordinance,,stiorten or lengthen:diet-0e in which a building,permit or certificate of occupancy must be issued in order:to preserve the special useperrnit. Due to current construction .and other constraints. Verizon requests that the city Council lengthen the one year time period for'obtainitig;'a building permit totwo years from the date of approval'oftheSt3P. Economic Development Information The proposed cell tower will not add any square feet of Wilding area. There will be no asSOCiated Sales:pet year at thiStite. Traffic InipaetAtialysis. Theproposed cell tower will net generate any vehiele.hipsper day. Exhibit "C" - Site Plan ` / (P) POWER POLE TO \ •./ / BE USED (PENDING CO //..2----40' BLDG. LINE UTILITY WALK) G / / / / (E) GAS METER / TO BE USED / /— (E) POND --/Il /^♦ �• 15' ACCESS AND UTILITY EASEMENT / ,. / � '� � (E) 15' UTILITY 7,t). `_ • • �. EASEMENT �, �y�a / •�/ \'� 15' BUILDING LINE r Qp / •r • \• �� (ZONING) 4 , .,.--N.,)//„./ �' • •. (E) ACCESS ROAD r/ ."► \ // 7 \ \ •.\ \ (E) 10' UTILITY EASEMENT Am' ‹/ \.:-// /f1 ���C' \•_ \�. \ •` (N)(1) DESIGNATED.PARKING • \\ / / /LQp� \ •�• \ SPACE FOR A CELL TOWER USE // ''`\�y— ``� \ 'S.\ • (N) 12'-O" WIDE /4 f� \ r ` DOUBLE SVVNG GATE / r �• . fir' r ♦/ x\r��t (E) BLDG �• •(N) 95'-0"STEALTH POLE r x r y`�� ,. FJ \ ti '', \ (N) 2O'-0" X 35'-0" j / 15' BUILDING LINE a A AIZ''; ' '� LEASE AREA, 700 SF / (ZONING) j P{� 7;17. • - 0.01607 ACRES ZONING: ra ZONING: CC-3 (HIGHWAY COMMERCIAL) \ , . r PUD-C (PLANNED UNIT EL PAISA COCINA MEXICANA K O DEVELOPMENT. COMMERCIAL) RESTAURANT �\' / c.' (N) LESSEE CMU CZ,FOc -UNDEVELOPED •� (E) 6' UTILITY EASEMENT xr �c/ WALL `r<"s�o,3 r s• • (E) 24' COMMON /..\ (N) LESSEE'S 10'-0" r0FyP ACCESS EASEMENT X 2O'-0" CONCRETE PAD 6' •` • W/ OUTDOOR EQUIPMENT 9(QF • \ •� rs .// •�� 4:t,), Exhibit "D" - Tower Elevation • _ _ TOP OF TOWER ELEV. 95—0 AGL IN .e . i I (N) LESSEE'S ANTENNA_CENTERLIN E ELEV. 90 00 AG 1\\\ (N) LESSEE'S ANTENNA .CENTERLIN E ELEV_80 0 AG - (N) LESSEE'S ANTENNAS MOUNTED ON NEW POLE AT 80'-0" AND 90'-0" AGL. ON (N) 95—.0" STEALTH POLE (TIT OF 2 ANTENNAS PER SECTOR) (N) 95-0"STEALTH_ POLE WITH WIDEST DIAMETER OF 30" (N) CMU WALL (N) LESSEE'S 10-0" X 20'-0" CONCRETE PAD i • , , W/OUTDOOR EQUIPMENT GRADE 0'—.Q" AGL 0 0 TOWER ELEVATION SCALE: 1/8' = 1'-0"