HomeMy WebLinkAboutOrdinances (O-07-1632)-09/04/2007ORDINANCE 0-07-1632
AN ORDINANCE AMENDING ORDINANCE 0-02-1379 CONDITIONS, AND
AUTHORIZING A CHANGE OF STATE LICENSE FROM TYPE A TO TYPE B;
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 0-02-1379 on December 17, 2002,
to establish the zoning of Tract A1, Block 2, Highland Acres Addition;
and
WHEREAS, the applicant has requested an amendment to Ordinance 0-02-1379 to
permit a change of state license for assisted living facilities from Type A
to Type B, under Case Z-07-028; 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
Ordinance 0-07-1632
Page 2 of 3
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-
02-1379 regarding permitted uses authorizing an assisted living 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
Tract A1, Block 2. Highland Acres Addition, as depicted in the attached
Exhibit "A".
Sec. 4. THAT the above described tract of land shall be subject to the following
amended condition:
1. GENERAL REGULATIONS FOR ASSISTED LIVING CENTER
a. This facility shall be licensed from a Type A to a Type B Assisted
Living Center by the Texas Department of Aging and Disability
Services as required by the Texas Health and Safety Code. Proof
of such licensing shall be required prior to the approval of a change
to the Certificate of Occupancy for this property.
b. Prior to any change to the Certificate of Occupancy for the facility,
an inspection, conducted by a certified third party entity paid for by
the property owner and approved by the Building Official, shall be
completed to verify compliance with the codes and statutes
associated with the Type B license.
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.
Ordinance 0-07-1632
Page 3 of 3
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 ~I~
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 0-02-1379 shall remain in full force and effect, except
where amended by this ordinance.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~~ s'~da of
Y
.2007.
The second reading and public hearing being conducted on the °S~~ day of
~P~r~G~007.
ATTEST•
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~~~
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
,.~~, r ` ~ ' ~1
Matthew C. G. Boyle
City Attorney
EXHIBIT A -ZONING AND LOCATION MAP
304 ~ 308 ~ 312 ~ 400 ~ 404 ~ 408
` I Site
5201
305 I 309 ~ 313 I 4d1 I 406 ( 407
AG
304 i 308 ~ 312 ~ 400 ~ 404
5201
305
300
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309
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401 ~ 4D5 ~ 409
5112
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5108
5109
~ '.. I 5105 5 104
312 B ~ 1 8 p 54D2 I`
318 320 '. 5J D4 20 d ~ 1 2 ~ ~ 61D3 5162
4 t 1
400 404.. Z 2201 220.3 5101 5190
EXHIBIT B -- ZONING EXHIBIT
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