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Home My WebLink AboutOrdinances (O-07-1604)-02/06/2007 . i ORDINANCE 0-07-1604 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY UTHORIZING A SPECIAL USE PERMIT FOR A CELLULAR TELEPHONE TOWER ON LOT 1, BLOCK 1, PLEASANT GLADE ASSEMBLY OF GOD ADDITION; 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 the City of Colleyville has received an application for a Special Use Permit under Case No. Z-06-030; and 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 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 HEREAS, 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 HEREAS, 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 HEREAS, 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 0-07-1604 Page 2 of 3 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. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. 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. 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 cellular telephone tower on Lot 1, Block 1, Pleasant Glade Assembly of God Addition, as depicted on the Zoning and Location Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and subject to the following conditions: a. Location of the tower and all cellular ground equipment shall be situated within the boundaries of the site as shown on the attached Exhibit "B" b. Site limited to one tower structure c. Tower height not to exceed 88 feet d. Tower shall be consistent with the Tower Elevation Drawings, attached as Exhibit "C", and the ten foot extension shall be constructed of similar materials and be of a similar color to that of the existing tower structure THAT the above described tract of land shown on Exhibit "B" 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. Ordinance 0-07-1604 Page 3 of 3 Sec. 7. 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 . st reading and public hearing being conducted on the 2007. 9~ /?C4 day of day of TTEST: c?2 Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE ~. David Kel~ Mayor PPROVED AS TO FORM AND LEGALITY: ~ 'J). 8~ Matthew C. G. Boyle City Attorney Zoning and Location Map - Exhibit "A" I i i i Site Plan - Exhibit "B" .~~ 2f8J-~ EXISr. mALnf iril I :::: PlM t* .=li ) SKI'. 11>> FOIt THIS MfA '----' GLADE RD. i ! ~mrr. POWP PCI.t Y w/~ 0+-- . . EXIST. TaCO PEDESTAL I i i i i i i i @lftPLldl " . 40'-0". ~ lIlETIIIOPCS .... _ TO .. WCUffID t* _ MOUlm ....... '10 1XlIT. ltlEP'. t1Il\ICI\M HW.YSlS I'f cmDI "'" TOIOl ~ CDON DlSTHQ NfTDlN,I8 EXISTM ~ Tower Elevation Drawings - Exhibit "e" ~ Tower Elevation Drawings ~ ('2) NF.W 1/8" ~ TO I( ItOUTED INS1DIt TOWtR TO ICW NnDHoL ....~. ~ FQII P'\1NM uK COAle a:NCt.ftlM TO I( ~1ID utl~ ........ OI'-CUlCIT E'XIS1lNO 7"-0. Sftoij"TH ~mc[ ~ I , I I I I I_I I , I I J I I I I I I G)rOWD ..WATIOII 3/"- . 1'.0"