HomeMy WebLinkAboutOrdinances (O-08-1669)-04/15/2008ORDINANCE 0-08-1669
AN ORDINANCE AMENDING ORDINANCE 0-07-1632 CONDITIONS, AND
AUTHORIZING A CHANGE OF STATE LICENSE FROM TYPE B TO TYPE A AND
TYPE B; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE; 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 City Council approved Ordinance 0-07-1632 on September 4, 2007,
amending Ordinance 0-02-1379 to permit a change of state license for
assisted living facilities from Type A to Type B on Tract A1, Block 2,
Highland Acres Addition; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-07-1632 to
permit a change of state license for assisted living facilities from Type B
to Type A and B, under Case Z-08-009; 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 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, to 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
Ordinance 0-08-1669
Page 2 of 4
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-
07-1632 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" labeled Zoning and Location Map and Exhibit "B" labeled
Zoning Exhibit.
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 as a Type A and/or 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 Type A and B licenses.
c. Final approval for any change from, or to, Type Aand/or Type B
shall require approval by the State of Texas Department of Aging
and Disability Services, and the City's Building Official and Fire
Marshal.
Ordinance 0-08-1669
Page 3 of 4
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 Cotleyville 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 0-02-1379 and Ordinance 0-07-1632 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 ~ day of
2008.
The econd reading and public hearing being conducted on the ~ day of
2008.
ATTEST:
Cynth Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly l/
Mayor
Ordinance 0-08-1669
Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT A -ZONING AND LOCATION MAP
304
308
312
4DD.
'4D4
4q8 -?~
iDDt ! '318
~~ Site
5201
305
309
313
401
4D5 407 i31 ~
CN AG
-..3p4 306' 312 4DD 404
5312.
- - ~_
-~~~~--_~--
5201
305 309
401
R40
405 ~_
409
,~~,=--~~51 1----2
~108~~
5109
3D6 312 ~
o s 1 51D2 ~ `- 51D5 -_ 4104
31R
3.~D
51D4
4
i0 $
l
2
`~ ° 1
1 D 8
= 1 0
2
-
-
~ =
'
3163 ~:
~ 5'102
4DD
404
~ aD 4 1
2f1
+ '1D 11
2 t~
S~ -
22g1=
2203
S~Di
,
-
.510D
30D ~ = G
,
_ -- -
5a~~p .
EXHIBIT B -ZONING EXHIBIT
T1N18ERL.lIVE N~RT
~~... ,!~' ~ s
1 ~`°, PARKtl~G LOT --~~.c --+_»"~
N fk.A3iYrit
_~ ~ L
O t ~~ , ...._-_..>. ~ ~ ~4 r
~4H~~
t`
F ~ ~
fi "~,~,,,~ ~~~ ~ ~ ~ ~
i `. tpv
~ ~~ 0'f£ ^TtYRV
OFlF'. STORY 9RICIt t Cf}A#~ ,.
~{ ~ ~&1~iC t FRAFIE DUil~z ~ i
(i !, au~r~avc
.~
~,
q
~. r t ~...s.- -~++r
!; .,~
cavraFre wux fib ~' ctnitas
~~ ~~ ~' ~
~:. ~. a- Ica ~~,,i ~~~
s ~ •~_.,.~.. ~.
FEKC~ il`l~
S ?R~ANCIK FE,~kE
.. ~.~-
F/O I(g'
NOY RQp