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HomeMy WebLinkAboutOrdinances (O-06-1572)-06/20/2006 ORDINANCE 0-06-1572 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW OUTSIDE STORAGE OF RECREATIONAL VEHICLES AND BOATS ON 0.877 ACRES IN THE A. J. LOTT SURVEY, ABSTRACT 963, LOCATED AT 6617 COLLEYVILLE BOULEVARD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Neil and Sherrie Hart on March 24, 2006, under Case No. Z-06-007; 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, 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 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 Ordinance 0-06-1572 Page 2 of 4 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 to allow outside storage of recreational vehicles and boats on the premises on an 0.877 acre tract in the A. J. Lott Survey, Abstract 963, located at 6617 Colleyville Boulevard, as shown on the attached zoning location map attached as Exhibit "A" and described by metes and bounds as shown on the attached Exhibit "B". The site layout shall be generally consistent with the attached Exhibit "C". The Special Use Permit shall be subject to the following conditions: A. General Conditions: 1. The repair, servicing and sales of recreational vehicles and boats shall be prohibited. 2. The outdoor storage business hours of operation will be limited to 7:00 a.m. to 8:00 p.m. 3. All recreational vehicle and boat storage will be located on the east side of the property. 4. No permanent structures, including covered parking or storage structures, will be erected on the site. 5. The maximum combined number of recreational vehicles and boats on the site will not exceed 25. 6. The pavement for the parking area shall be constructed of concrete or asphalt in accordance with the Land Development Code. 7. The existing eight (8) foot fence adjacent to Ross Downs Addition be required as a permanent screening device. If the existing eight (8) foot fence is not located on the subject property, the applicant shall be required to construct an eight (8) foot opaque, wood fence in the event the existing fence is removed. 8. The portion of the perimeter fence located along the southern property line be eight (8) feet tall, per the Land Development Code. 9. A landscape setback along the eastern property line in compliance with the Land Development Code. 1 O. A drainage analysis will be required prior to the release of a grading permit for construction of the parking lot. 11. Proper access be provided in accordance with the International Fire Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-06-1572 Page 3 of 4 Code. 12. Black or gray water dump stations shall be prohibited on the site. B. Access Conditions: 1. Maintain a 25' clearance in all directions away from building/awning with a beginning point starting at the corner post of the awning. 2. Maintain a drive-lane width equal to the current entry-gate width leading to the entrance of the RV storage area. 3. Maintain a 24' clear driving lane to RV's after entry to the subject area. 4. Markings/striping for drive-lanes (above) should be clearly visible and regularly maintained. This will make required drive-lane clearance easily identifiable for inspection. 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. 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. 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. 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. 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. AND IT IS SO ORDERED. rl reading and public 1 . 2006. hearing being conducted on the &51 day of Ordinance 0-06-1572 Page 4 of 4 I Tl;::;~d readi~~o~nd public hearing being conducted on lhe .::o~ day of ATTEST: 11 CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary d)~~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~ \)). ~ Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING AND LOCATION MAP "SON pKW EXHIBIT B - METES AND BOUNDS DESCRIPTION LEGAL DESCRIPTION BEING all that cortain tract, parcel, or lot of land located In the A. J. LOTI SURVEY, Abstract No. 963, Torront County, Toxas, . and being the tract of land described In VOlurrte 4172, Page 106, of the Deed Records, Tarrant County, TelCas (DRTCT), a portion' of :the tract of land described In Volume 3967, Page 50, DRTCT, and a portion of the Old Ft. Worth and Grapevine Road abandoned by Tarrant County Commlt.loners Court, Order No. 8448, September 28, 1936, recorded In Volume 32, Page 637, Minute. of the Tarrant County Commluloners Court, and more particularly described as follows: BEGINNING at a 1/'1' Iron rod found In the southeast line of Colleyvllle Boulevard for the most westerly southwest corner of Lot 1 R2, Block 1, WEST INDUSTRIAL ADDITION to the City of Colleyvllle, Torrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 720, of the Plat Records, Tarrant County, Texas (PRTCT); THENCE S 68"57'O(j E, 105.20 feet along the southwest line of said Lot 1 R2 to a 1/2" iron rod found; THENCE N 8759'21" E, 212.17 feet along' the south line or said Lot 1 R2 and, Lot 1 R 1 of the aforesaid Block 1, to a 1/'1' Iron rod found in concrete; . THENCE THENCE THENCE. THENCE . THENCE THE,NCE THENCE THENCE" THENCE S 28"26'1 r W, 1.05 feet along sold south line of Lot lR1 to a 1/'1' Iron rod found; N 8740'13" E, 55.26 feet along the south line of sold Lot 1 R1 and Lot 1 R3 of the aforesaid Block 1 to a 1/'1' iron rod found for the west corner of tho tract of land described In 'Volume 8331, Page 379: S 69'0"48" E, 8.10 feet to a 1/'1' Iron rod found for tho south corner of aald tract of land described In Volume 8331, Page 379: N 53'15'00" E, 5.67 feet to a 1/'1' iron rod found in the aforesaid. south line of Lot 1 R3 for the east corner OT said tract of land described in Volume 8.331, Page 379; . ~ R~7 4~~]. r1 ~~ir~_ ~~~t f~~~;~~dt~:U~~~~~es~f c~~~~_ of Ross Downs Estates II, anaddltion to the ~Of Colleyville, TarTant County, Texas, according to the plat thereof recorded In Cabinet A, Slide 799, PRTCT; S OX04'24"E:, 57.90 feet along the west line of sold Ross Downs E,:states II to a 1/'1:' iron rod found; S 8755'36" W. 6,6.82 feet to a 1" pipe .In concrete found; N 38"11'09" W, 15.89 feet to a 1/'t' Iron rod found; S 51'48'5'" W, 260.25 feet to a 1/'t' Iron rod found bent. and replaced with a railroad spike set in asphalt; EXHIBIT B - METES AND BOUNDS DESCRIPTION (cont'd) THENCE THENCE . d:;~ENCE ',", : '.~'/.o.;i > ' ' ",. ...,..'t--i~.j..." ".. . . THENCE THENCE N 61'52'23" W, 25.05 feet to an Iron rod found with a plastic cap stamped "JDZ 1J249cf for the south corner of the tract, of land described in Volume' 9302, Page , 5613, . DRTCT; N 51'48'51" E, 110.46 feet to an Iron rod found with a plastic cap stamped "JDZ H249cf for the east corner of said tract of. land described in Volume 9302, Page 1566; N 61'57'36" W, 139.94 feet to an Iron rod found with a ., """"pla&t". ,.qp""s.~'p.d"\iD-~ ..if2:4to......(Gr orJtlt"'poll'lt... .(j('. said tract of land described In Volume 9302, Page 1566; S 8756'04". W, 108.18 feet to an Iron rod found with a plastic cap stamped" JDZ #249cf for the northwest corner of. said tract of land described in Volume 9302, Page 1566. said iron rod being In the aforesaid southeast Une of Colleyville Boulevard; N 26"41'09" E, 105.60 feet along sold southeast line of Colleyville Boulevard to the POINT OF BEGINNING, containing 0.877 acres (38,216 square feet) of land, more or less. ''0 }t ii t~, ~ , ~ \it ~ ..: Wt '-.. h .~ --<&.. \.I !.;t' "{ 1 ;:~ "% ,''''' l .::: ltg::, W~ ,':ii ;; i~~ ~ EXHIBIT C - SITE LAYOUT f.f ~ :> i;l f.l I >, IS c.:2 ..... .....I - ...... ~ ;t; ~ l\. q i '.. ... j bJ.' . ~!: ~ I. '~ *4 IJ >( ,j 1;"1 t"" <4 ....;i,.- <: