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Home My WebLink AboutOrdinances (ORDINANCE O-16-1982)-07/19/2016ORDINANCE 0-16-1982 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.68 ACRES, LOTS iR, 2, AND 3, BLOCK 1, OF THE VILLAGE PARK ADDITION, LOCATED AT 1001, 1005, AND 1009 GLADE ROAD, FROM THE PUD-C- PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT TO THE PUD-C- PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; 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 for rezoning under Case ZC16-009; 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 I enforced therein and to recommend a new zoning ordinance; I and I 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; and 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 Ordinance 0-16-1982 Page 2 of 4 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 changing the zoning on 1.68 acres, Lots iR, 2, and 3, Block 1 of the Village Park Addition, located at 1001, 1005, and 1009 Glade Road, from the PUD-C—Planned Unit Development Commercial District to the PUD-C—Planned Unit Development Commercial District, as depicted in the attached Exhibit ��A" and Exhibit "B". 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. The permitted principal land uses of the CPO-Professional Office District, and CN-Neighborhood Commercial District shall be the only permitted land uses on the subject property except as amended by this ordinance. b. The following additional land use shall be permitted on the subject property: a. Apparel and Accessory Stores Ordinance 0-16-1982 Page 3 of 4 c. Upon termination or abandonment of the existing restaurant use, future uses shall thereafter conform to the regulations applicable to the governing zoning ordinance. Sec. 5. 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. 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 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 12t'' day of July, 2016. The second reading and public hearing being conducted on the 19th day of July, 2016. PASSED AND APPROVED BY A VOTE �- AYES, D NAYS, AND � ABSTENTIONS ON THIS THE 19TH DAY OF JULY 2016. Ordinance 0-16-1982 Page 4 of 4 Mayor Richard Newton ��_ Mayor Pro Tem Chris Putnam �� Place 1, Tammy Nakamura _�� Place 5, Nancy Coplen _(�� Place 2, Bobby Lindamood �W' �— Place 6, Mike Taylor _�� Place 4, Jody Short � c, /aTTEST: Am helle�C City Secretary CITY OF COLLEYVILLE C� /C��,�'�'� 1 RichardY�lewton Mayor APPROVED AS TO FORM AND LEGALITY: �� c�, 2 Matthew C. G. Boyle City Attorney Exhibit "A"- Zoning Map Exhibit "B"- Metes & Bounds Description BEING all that certain tract, parcel, or Iot of land located in the T. J. POLSON SURVEY, Abstract No. 1248, Tarrant County, Te�as, and morc particularly described as follows BEGINNING at a point at the intersection of tlie soutli right-of-way line of Glade Road (a 65 foot right-of-way) and the west right-of-way line of Bedford Road (a variable �vidtli right-of- waY); "I�HENCE THENCT TI IENCE "I'HENCE S 00°O1'31 " li, 282.71 feet along the west right-of=�vay line of said Bedford Road; departing said west right-of-way line I�� 89°24'43" W, 161.08 feeY to a point; North, 10.49 feet to a point; S 88°57'24" W, 116.57 feet to a point; THI:NCL N 89°58'24" W, 11793 feet to a point in the southerly riglit-of-way ]ine of Village Park Drive (a 70 foot right-of-way dedicated to the City of Colleyville by plat recorded in Volume 388-195, Page 23, Plat IZecords, Tarrant Cowity, Texas; TI IENCE N 48°02'33" E, 163.02 feet along said right-of-way line to the beginuing of a tangent curve to tlie left, �vith a cenhal augle of 26°58'23", a radius of 260.00 feet, a tangent length of 62.36 feet, and a long chord which bears N 34°33'21" T, 121.27 feet; I'HENCE an arc leugih oC 122.40 feet along said tangent curve and along said right-of-way line to the beginning of a tangent curve to the right, with a central angle of 69°04'33", a radius of 100.00 feet, a tangeut length of 68.83 Ceet, and a long chord whieh bears N 55°36'26" E, 113.39 feet; '1"HENCE THENCE an arc lengili of 120.56 feet along said tangeut cuive to a point in the south right- of-way line of the aforemenYioned Glade Road; S 89°51' 19" E, 1 ll.61 feet to tl�e POINT OF BEGINNING, containing 1.6688 Acres (72,692 square feet) of land, more or less.