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HomeMy WebLinkAboutOrdinances (O-92-882)-11/02/1992 10 11 12 13 14 15 16 17 18 1 2 3 ORDINANCE 0-92-882 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 19.256 ACRES, OUT OF THE J.L. BYAS SURVEY, ABSTRACT 180, TRACTS 2A4, 2A, 2A2, FROM CC & AG TO CC & AG WITH SU FOR THE OPERATION OF A GO-CART TRACK; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 5 6 7 WHEREAS, an application for zoning change was filed by Bobby Glenn Moore on July 22, 1992 under Case No. S-92-41; and, 8 9 WHEREAS, notice of a hearing before the Planning and Zoning commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning commission and the City Council, and the Planning and Zoning commission has heretofore made a recommendation subject to the conditions set forth in Exhibit C; and, WHE:REAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of colleyville; 19 NOW, THEREFORE, 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 21 22 23 24 25 26 Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map as indicated in Exhibit A are hereby amended insofar as they relate to certain land located in Colleyville, Texas, and described by metes and bounds as indicated in Exhibit B by changing the zoning thereof from CC & AG to CC & AG with SU for the operation of a go-cart track, I s:: 2J ~ i J ~S--::> ~.MV I .,........ ...o/"~ \.J . <\) I 14 I-- 6 2K7 / 21"'2) .) II P-- 7 211 T/rARRANfr-1.ANE s ~ lllUl~:v-t.,}~ I' 2 ~ t' I ...~! ~ L At; 2M/, I )..03 15 i 8 I L!l1/J I .I ~! ~~I 5" :::: PUb_2ri7~/~~USTR.'AL .!.. 2 n-~' f-j I ~ '~ .f::::::! ~ II \ 'A ~61 BLVD. T I~ \J. I ~ 2 10 '7 I~ I 9 I r-:2- I ~ '-", I "'--r-- I oolC - 7' I :! A TIS 2 _ C 28 ,BZ IS2A 282,\3 'ZBIA2 281.\1 i ;; (JL IJ ! I H~ 40 I "~ , .le I I 283 d~c 11938 28JA IlSaD ! 2C 4 .. !!-:: 2W ~w LsJ'Nb'!MrSJ L;~ I 2H 2L \ "s 20 .... ~N 1"'1. 1_,,-, I -...!... I '" ~lI~!(i'~. L~f 2T j2i 20 ;0 I IF a7 - - .._,.---. -Ir ~'-... _ AG / !~". 1,J~z , 'PI I. ~ ~ I ~ ( ~ ( f' ~. I-- 1'"5 !?C "1~9" 46' ): / 2 1!ii 2P2 lit ~ ~J...... F ~ 'zs/AG ~ ..., . ~ L ( 4li-~l,;ZZ.~'" '-- y' -- L \ 2" ~ If"" ( .so .1" ! ~ .5' .d 1IIlIi' ...... ~ ~ ~R=45 10 ~ AtliA4T ;_; ~~'I2'''',~ 'I ~ .uf ~! t ) G C C~. 2A ; r- ~--/'r" .~ '\ DEfi'~.sJ., \1$\ A' C', CC IJ I IJj /T.cc IX Ij 1Ib.... t I , 10 7 Ie - ! - E ~ .. T//t/, "ER AG 2~J - su :HOOL SITE/:1)2 / ~/fY II:: 1:7 j~!JI 'j _A ~ 181 AG-..cc I W'''M SU ) '-- ..... ... ~E:METERY - . . 1d 1" I I _/ ./"' . . ,.l~ :l,_ su , ~ CITY SERVICE CEN'TER\, '..' .'. ".;. 1 18t"""-/ ;, I ML: I .. FIRE STN.~ HALL '~IJQiNSON su ,. II; / IB'A'~il----- ~v'J 5A ( ~ 1.F#(,~ ~ ~ 8aT.i~r:. - - 1_- I c.. '~ j. ,_._U III .D '81.1, )~n6~'" C~~ /IS; \ -, /----, 11 'AI.1 --..,; I Itl 1'.1 M ~ ':J~t ;; 5C 50 "" --- - SuI :t ~~ ~. t' ~ '- ~ IZ i i I I ~ 3 ," I ~ q~9.1 _I! 16 - -~~ -~ ~:t= -I (;..... I --;r 7 @5.l ,-,~ ~'J=52':~ ...., . -=-! ~I~ ~ ~~ ~~ ~r--1' ~ \\ !-- ..... ~ , !J ~ I' :t ~,m'l t liS; ~'!s.: ~ - 'r R .2~ _ IP'! - ORDINANCE 0-92-88~ - Exhibit "A" - Page 2 of 8 - .. ~. ^'__"_~_" .-".f....._.~ _~< ,_..,..,.~"~.,~.___~_m~^_'___"__"w_'_,____,,_,~_"",_ .-. --~~-_...._.-. PROPERTY DESCRIPTION BEING all of that certain tract of land situated in the J. L Byass Survey, Abstract No. 180, Tarrant County, Texas, as desenbed by deed to Bobby Glenn Moore and recorded in Volume 8998 Page 1096 County Records, Tarrant County, Texas, and being a portion of that certain called 34-acre::tract of land as descnbed by deed to Nellie M. Russell and recorded in Volume 668, Page 463 of said records, said Bobby Glenn Moore tract and being more particularly descnoed by metes and bounds as follows: BEGINNING at the point where the north line of said Bobby Glenn Moore tract intersects the easterly right-of-way line of State Highway 26 (a lOO-foot ROW) as recorded in Volume 1048, Page 902~ of said records a 518-inch iron rod found; THENCE S 88048'38" EWith the north line of said Bobby Glenn Moore tract and said Nellie M. Russell tract and the southerly lines of the following tracts of land descnbed ,.by deed to Connie Fletcher recorded in Volume 8984, Page 1546; James L,'Forsythe recorded in Volume 2896, Page 274; Ronald H. and J. AndersQn recorded in Volume 4729, Page 631 all of said records at 439.64 feet Pa$s a SIB-inch iron rod found for a common comer of said Connie Fletcher -and said J~es; L Forsythe tracts, continuing in all, a distance of 1,037.70 feet to a l/2-inch iron rod found; THENCE S 00029'31" W, 700.47 feet with the east line of said Bobby Glenn Moore tract and the west line of a tract of land descnbed by deed to Bluebonnet Hills Memorial Park, Inc. and recorded in Volume 4520, Page 508 of said records to a 112-inch irO!! rod with cap stamped ''HORIZON SURVEY CO." set; THENCE N 8goJ3'3(J' W, 1,242.82 feet with the south line of said Bobby Glenn Moore tract and the north line of Bluebonnet Hills Cemetery as recorded in Plat Volume -388n, Page 33 of said records and the north line of High Cedars Addition as recorded in Plat Volume 388- Y, Page 45 of said records to a 5/8- inch iron rod found; THENCE N 04015'21" E with a westerly line of said Bobby Glenn Moore tract and the east line of a tract of land descnbed by deed to Bluebonnet Hills Memorial Park and recorded in Volume 6854, Page 444 and a tract of land descnbed by deed to J. T. and J. M. Corley and recorded in Volume 4489, Page 617 of said records at 80.51 feet pass a 5/8-inch iron rod found for a common corner of said Bluebonnet Hills Memorial Park tract and said J. T. and J. M. Corley tract, continuing in all, a distance of 401.70 feet to a ll2-inch iron rod with cap stamped ''HORIZON SURVEY CO." set in the easterly right-of-way line of said State Highway 26; THENCE N 30012"'16" E, 360.80 feet with said easterly right-of-way line to the POINT OF BEGINNING and containing 19.256 acres of land, more or less. ORDINANCE 0-92-88& Exhibit liB" 00l69.FNSIlS Page 3 of 8 1 2 3 4 5 6 7 8 9 2. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CONDITIONS FOR APPROVAL SPECIAL USE PERMIT TO OPERATE A GO CART TRACK BOBBY GLENN MOORE 0-92-882 1. Completion of fence, landscape planting and berms as shown on the site plan prior to operation of the go-cart track; Noise level limit of L10=70 dBA for a duration of 5 minutes measured 350 feet west of the subject property in the Hardage Lane right of way; 3. Hours of operation only between 9: 00 a.m. to 10: 00 p.m. Sunday through Thursday; and between 9:00 a.m. and 12:00 p.m. Friday and Saturday; 4. The special use permit shall be void upon transfer of ownership of the property or change in occupancy; 5. The go-cart track shall be limited to amusement purposes only and shall not be for racing. Outdoor light sources shall be shielded such that no light source (bulb, tube or diffuser) is visible from an adjacent residential property. 6. ORDINANCE 0-92-882 Exhibit "C" Page 4 of 8 10 11 12 13 14 15 16 17 18 19 20 21 Ordinance 0-92-882 Page 5 of 8 1 2 together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the council, which are incorporated herein by reference including, but not limited to; those statements set forth in the statement of Planning & Objectives from the applicant, Bobby Glenn Moore which is Attachment 1 to this ordinance; the site plan for development of the above designated property which is Attachment 2 to this ordinance; and the Conditions of Approval set forth in Exhibit C. Exhibits A, Band C and Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. 3 4 5 6 7 8 Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. 9 Sec. 3. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the (;tt day of {J/!.-+ohpy' , 1992. The second reading and pUblic hearing being conducted on the t:f/t'J/j.. day of ~, 1992. The third reading and public hearing being conducted on the ~~ day of NovtM1t( ,1992. DENIED BY COUNCIL 11/2/92. ATTEST: CITY OF COLLEYVILLE Jean Harris, CMC City Secretary Richard Newton Mayor 22 APPROVED AS TO FORM AND LEGALITY: 23 24 Ross T. Foster City Attorney 25 26 , T'"' I NARRATIVE DOCUMENTATION ZONING CASE # COLLEYVlLLE, TEXAS L Planning Objectives: The owner of the subject property intends to improve the existing recreational facility by constructing and operating a go-can track for the enjoyment of his customers. The existing facility features a golf driving range and batting cages for slow and fast pitch basebalL The owner aJso plans to construct a concrete paved parking lot to provide additional parking space, a 30' x 55' building for operation and maintenance of the go-can track and a 100' x 42' building for servicing the park. U. Legal Description: BEING all of that certain tract of land situated in the J. L Byass Survey, Abstract No. 180, Tarrant County, Texas, as descn'bed by deed to Bobby Glenn Moore and recorded in Volume 8998 Page 1096 County Records, Tarrant County, Texas, and being a portion of that certain called 34-acre tract of land as descnoed by deed to Nellie M Russell and recorded in Volume 668, Page 463 of said records, said Bobby Glenn Moore tract and being more panicularly described by metes and bounds as follows: BEGINNING at the point where the north line of said Bobby Glenn Moore tract intersectS the easterly right- of-way line of State Highway 26 (a 100-foot ROW) as recorded in Volume 1048, Page 902 of said records a 518-inch iron rod found; THENCE THENCE THENCE THENCE THENCE 001169 DOC1E S SS048'38- E with the north line of said Bobby Glenn Moore tract and said Nellie M Russell tract and the southerly lines of the following tractS of land described by deed to Connie Fletcher recorded in Volume 8984, Page 1546; James L Forsythe recorded in Volume 2896, Page 274; Ronald H. and J. Anderson recorded in Volume 4729, Page 631 all of said records at 439.64 feet pass a Sl8-inch iron rod found for a common comer of said Connie Fletcher and said James L. Forsythe tracts, continuing in all, a distance of 1,037.70 feet to a 1/2-inch . iron rod found; S 00"29'31- W, 700.47 feet with the east line of said Bobby Glenn Moore tract and the west line of a tract of land described by deed to Bluebonnet Hills Memorial Park. Ine. and recorded in Volume 4520, Page 508 of said records to a 112-inch iron rod with cap stamped -HORIZON SURVEY CO.-set; N 89"33'30- W, 1,242.82 feet with the south line of said Bobby Glenn Moore tract and the nonh line of Bluebonnet Hills Cemetery as recorded in Plat Volume 38817, Page 33 of said records and the north line of High Cedars Addition as recorded in Plat Volume 388- Y, Page 45 of said records to a 518-inch iron rod found; N O401S'21- E with a westerly line of said Bobby Glenn Moore tract and the east line of a tract of land described by deed to Bluebonnet Hills Memorial Park and recorded in Volume 6854, Page 444 and a tract of land described by deed to J. T. and J. M. Corley and recorded in Volume 4489, Page 617 of said records at BO.51 feet pass a 518-inch iron rod found for a common corner of said Bluebonnet Hills Memorial Park tract and said J. T. and J. M Corley tract. continuing in all, a distance of 401.70 feet to a 112-inch iron rod with cap stamped -HORIZON SURVEY CO: set in the easterly right-of-way line of said State Highway 26; N J0012'16- E, 360.80 feet with said easterly right-of-way line to the POINT OF BEGINNING and containing 19,256 acres of land. more or less. ORDINANCE 0-92-881 Attachment 1 Page 6 of 8 .... !r m. Ownership Statement: The present ana pro~ owner ot the SDbjea site is Mr. Bobby Glenn Moore, 6113 ColleyviIle Boulevard, CoUeyville, Tem 76034. IV. Water and Sewer Statemat: Water se:vic:e for the proposed bwldiDg wiD be provic1ed from the existing 100inch water main. along the tront of the property. Sanitary sewer service for the proposed building will be provic1ed by ==sian of the existing 6-inch sanitary sewer main at the iD~ of Saarc Highway 26 ana Sandc%s Lane ap to ana along the trontage of the property. v. Ca'tffIC3tioa: ~ This is to ~rti!y that the iDfoanation pr=cnu:d in the doamlentation for this spcda1 use permit request reflea:s a reasonably accurate ponrayal of the general natare, character ana feasibility ot the proposals tor the subject site.. ~ . /()~ ~~ -- Bobby Glenn Moore, Owner OOl169.oOC'1E ORDINANCE 0-92-88~ Attachment 1 Page 7 of 8 ~~ .1,/ m )0 . 0": ,l:!II ~ ,...> JW U -,lUJ .1~ 'I. :1.1,. u:~ HtiW} It!; m. ~ HI"t'IJlj i I {II I'il 11l-.I 'lIa J'"I' 11 i .1. I' IjJI JI~, IIiJlji J.i! J'~l j1!!I~fj i' jjjil lij! 1~~~lJl Hit UH J!!Ji:~! i! ! :IIjJ1 Illlj fJ111i'J iff I'J~ J!IJ'1ali [I ! liJjfj IJIJ'! HJ~l!lI I~H;J!1 '!jiJ!n~ '~r I JI"J,IJ !JJJ !lll,I]1 Jh' ~j:~ hlJidA J . i,Ji~J Ilili !jiJljl; !i~: ;I:IJ i!ii:J'I~ls !II In 'h Ifll; ~~I."'liJI! !:JP:'J': )'j;:' 11 g !jd:) I!'i'i ~f J J ! !J ; hI. !uiitm ~at idln f:jJ 1 I i ~ I( ItH ? 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'!Jt ;. l i 11ffll~ !:ill 1111 I.. all 'Hl ii I iiV~'llr Iii: !l!fl !~ lU:ll! ~ lwmJ.. i1!ij .'1111 !11!11: Ii~ I ~! u J 1 ' tll!,W,Uil:U, . .. .... . ~1I1'lf! flll,ll II. 111111 ,Ililllll,: II :~~~!~ ~: ~: :=:~~ ~ ::!! ~n ~il ORDINANCE 0-92-88~ Attachment 2 Page 8 of 8 I -