HomeMy WebLinkAboutOrdinances (O-07-1628)-08/21/2007DENIED AUGUST 21, 2007
ORDINANCE 0-07-1628
AN ORDINANCE AMENDING ORDINANCE 0-00-1258 CONDITIONS, AND
AUTHORIZING A SELF STORAGE FACILITY; PROVIDING FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-96-1053 on December 3, 1996, to
establish the zoning for 4.3 acres of property located at the southeast
corner of Precinct Line Road and L.D. Lockett Road; and
WHEREAS, the City Council amended Ordinance 0-96-1053 on March 2, 1999, by
enacting Ordinance 0-99-1146 relating to a special use permit to allow the
sale of alcoholic beverages for on-premise and off-premise consumption;
and
WHEREAS, the City Council amended Ordinance 0-96-1053 on December 19, 2000,
by enacting Ordinance 0-00-1258 relating to a restaurant with drive-
through service; and
WHEREAS, the developer has requested an amendment to Ordinance 0-96-1053 to
permit a self storage facility, under Case Z-07-023; 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
Ordinance 0-07-1628
Page 2 of 5
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
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 amending Ordinance O-
00-1258 regarding permitted uses authorizing a self storage facility.
Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of 2.5
acres of Lot 2R, Block 1 of the Atlantic Oil and Gas Addition, as depicted in
the attached Exhibit "A".
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUDR is for a self storage facility.
b. The facility shall include an approximately 1,600 square foot office and
residential unit. The intent of the office and residential unit is to provide
a 400 square foot office for the management of the property and a
1,200 square foot residence for the property manager on the second
story of the building.
c. This property is subject to all the regulations contained in the Colleyville
Land Development Code, except where amended by this Ordinance.
2. CONCEPTUAL PLAN AND PLATTING
a. The development shall be generally consistent with the Conceptual Site
Plan, labeled as Exhibit "B", which shall not be considered the replat.
Ordinance 0-07-1628
Page 3 of 5
b. The development shall be generally consistent with the Conceptual Site
Plan, labeled as Exhibit "B"; however the lot layout may differ from that
shown on Exhibit "B" to accommodate topographic, drainage or other
conditions.
c. The development shall be generally consistent with the Conceptual Site
Plan, labeled as Exhibit "C" if the Texas Department of Transportation
does not approve the curb cut and driveway approach, which shall not
be considered the replat.
d. The development shall be generally consistent with the Conceptual Site
Plan, labeled as Exhibit "C" if the Texas Department of Transportation
does not approve the curb cut and driveway approach; however the lot
layout may differ from that shown on Exhibit "B" to accommodate
topographic, drainage or other conditions
3. SCREENING
a. The perimeter fencing along the boundaries of the development will
consist of a combination of masonry fencing and the exterior masonry
walls of the storage facilities. Both the fencing and the exterior walls
will provide an opaque screening element that is a minimum of 8-feet in
height. The applicant intends to utilize the facade of the buildings to
provide the appearance of a residential perimeter screening fence.
4. LANDSCAPING AND OPEN SPACE
a. The development shall provide a minimum of 17 percent open space.
b. A 40-foot landscaping setback shall be maintained along the frontage of
Precinct Line Road.
c. The quantity and type of landscaping within the open space areas will
exceed the commercial development landscaping requirements as
stated within Chapter 4 -Landscaping and Buffering of the Land
Development Code.
5. EXTERIOR BUILDING ELEVATIONS
a. The exterior building elevations shall be generally consistent with the
Exterior Building Elevations, labeled as Exhibit "D".
b. Exterior roof line articulation shall be provided along the portion of the
storage units that are visible from Precinct Line Road.
s. SITE PLAN
Ordinance 0-07-1628
Page 4 of 5
a. All gates located on the property shall be constructed in accordance
with the standards of the Land Development Code.
7. TRAILS AND SIDEWALKS
a. A ten foot wide concrete trail shall be constructed along Precinct Line
Road by the applicant per the requirements of the Colleyville Pathways
Plan.
8. OTHER
a. The curb return radius for driveways shall be a minimum of 20 feet.
b. Buildings over 6,000 square feet shall have a sprinkler system and
alarm system.
Sec. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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.
Sec. 10. THAT Ordinance 0-99-1146 and 0-00-1258 shall remain in full force and
effect, except where amended by this ordinance.
AND IT IS SO ORDERED.
Ordinance 0-07-1628
Page 5 of 5
The first reading and public hearing being conducted on the day of
2007.
The second reading and public hearing being conducted on the
2007.
day of
DENIED AUGUST 21, 2007
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit A -Zoning and Location Map
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Exhibit D -Exterior Building Elevations