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Home My WebLink AboutOrdinances (O-08-1673)-05/06/2008ORDINANCE 0-08-1673 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 AUTHORIZING A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON TRACTS 1A AND 5A1A OF THE LL MCLAIN SURVEY; 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 WHEREAS, the City of Colleyville has received an application for a Special Use Permit ', under Case No. Z-08-010; 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 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 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 0-08-1673 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. 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 authorizing a Special Use Permit for a cellular tower on Tracts 1A and 5A1A of the L.L. McLain Survey, as depicted on the Zoning and Location Map, attached as Exhibit "A", and described in the Legal Description, attached as Exhibit "B". Sec. 3. 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. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The location of the tower and all telecommunication ground equipment shall be situated within the boundaries of the site as shown on the Site Plan, attached as Exhibit "C". b. The site shall be limited to one tower structure. c. The tower height shall not exceed 100 feet. d. Any alterations to the exterior of the tower shall require approval by City Council. e. Any exterior lighting shall require approval by City Council. f. The tower shall be consistent with the Tower Elevation Drawings, attached as Exhibit "D". g. Tower exterior shall be the color of Sherwin Williams Austere Gray SW6184. h. The tower shall meet all the requirements of the Land Development Code, except where amended herein. Ordinance 0-08-1673 Page 3 of 3 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 /.~"~ day of _ 2008. The second reading and public hearing being conducted on the ~ day of 2008. ATTEST: o, ~~. Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE i - David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle 1 City Attorney Exhibit A -Zoning and Location Map < _ ., ,, _ f ~ -~ ~~ s ;' ~ -~ ~ _~__~ _ ,~ r ~~ j ~ ~-~ . ~ ~ ._ - - , '~ ~ ~ ~ ~ ~ r r *' t f -~- ( ~ ~ ~ ~~ (~L-~ r ~ ~ ~ a ~._ ~ r -,- _.~ r ~~ , _ ~~ i ~~ ~~, = :~_ ~, 1 ~ ~ t ^~ .~ ~, -- ~ r ~ , -- ----= ~-_ JJ) ~- I i _. ~ r -t _a____ lq --- ~~ ~ ~ ~ s -._~ ~ ~ ~ - _~~. -~ i I ~ ~ -ti ~ ~ - ~"~ ~-- -:~ ti~ ~~y ,~ ~_.~ ~ ~~ ~~` _ ~ ---~_ ~~o~ `~'~-,-- ~ ~ ~ ~``~- rf ~ ~ ~~~`~ I---- r _, _ _ ,~ ~I~E ~`"- ~ '~ ~- ~ ~~- -~-- - ~ITltl' t~F '4 E3EDFt~F~L) Exhibit B -Legal Description BEING a tract of land situated in the L.L. McClain Survey, Abstract No. 1077 and being out of and a portion of that certain tract of land conveyed to CCDCW, LP by General Warranty Deed with dated November 20, 2006 and recorded in Document No. D206375923, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at '/2" iron rod found at the southeast corner of the Harry Allan Werst and Helen Jane Werst tract, said tract being recorded in Volume 6367, Pager 841, Deed Records, Tarrant County, Texas; THENCE along the east boundary line of the said Harry Allan Werst and Helen Jane Werst tract, same being the west line of said CCDCW, LP tract, North 00 degrees 08 minutes 01 seconds East, a distance of 304.86 feet to a Point of the northwest corner of the said CCDCW, LP tract, from which a '/z" iron rod found for the northeast corner of said Werst tract bears North 00 degrees 05 minutes 56 seconds East, a distance of 21.80 feet; THENCE along the north boundary line of the said CCDCW, LP tract, North 89 degrees 47 minutes 35 seconds East, a distance of 168.76 feet to a 5/8" iron rod set with cap marked "WEBB-4125" and the POINT OF BEGINNING hereof; THENCE continuing along the said north boundary line, North 89 degrees 47 minutes 35 seconds East, a distance of 30.00 feet to a 5/8" iron rod set with cap marked "WEBB-4125"; THENCE through the interior of the said CCDCW, LP tract the following three (3) courses: 1. South 00 degrees 12 minutes 25 seconds East, a distance of 40.00 feet to a 5/8" iron rod set with cap marked "WEBB-4125"; 2. South 89 degrees 47 minutes 35 seconds West, a distance of 30.00 feet to a 5/8" iron rod set with cap marked "WEBB-4125"; 3. North 00 degrees 12 minutes 25 seconds West, a distance of 40.00 feet to the POINT OF BEGINNING hereof and containing 0.0275 acres or 1,200 square feet of land, more or less. Exhibit C -Site Plan 1 i ~~ A +~'! Tr ~ '~ T ..... k -a.: iA w a i '(~F~,,~ ~ ~~ ~ _._ ,..., ~ ;`~~,~c ~ y ;3;'j Y " e `9 ~.~_ =~i 4 ~~ »f . ~ ~. T •4` _ _~ ..._ -" fNy 33 ~_ L ._ ~ !.\~ 1. ~ ~~~ ~~ ~ ,,,~` ~ ~ ~ ~, R l j! ~o :cr ~ .~ Y' i~ ~ ~~ ~ i ~ ~~ I 1 f ~~ s I ~~ ( ~ ~~~ l ~ ~ ~ _ _ ~ , 6 ~ ~- ~ ~~~ ~ r ~ ~~~~ ~ ~ ~' kr ~ } ~~ ~ f ,~ ~. f ,,, `,,. ~~ r '' .~'~~ *. --~ ~.. ..._ ~__ i_ ~° _.. ~`g r` a '' `r. ~~ n ~ i '~ -w i ~ ~ I ~ ~~ ~ `~ (~ ~ ~~1 3 ~ j ~. ~, ~. ~~ ~ ` ~~~ ~ i 4 ~~ ( ' ~ , ~; ~ r ~ r ~~ ~ f II~ f J ~r) ~.. ~j, ~ -~ ;• , _ i~ t~ ~ `^ Exhibit D -Tower Elevation Drawings -~.~ ~E- FOR ACJiF.1~+E MIOUId11NC FIQOk18, ASI{htf F TOv Ai04FJ MJI~Jt , . . . _ r , . .. ~.~.. NDUMSIAU F1717i~ Ti04Md't VFAIFICM~Qti: TFE c~ corJ~c~nn swlu 1iENIF7 Yfllll O~MIERr ~ TQwF]! T'1'PE NQO FIE1GIff PRIOR TO ~~R~~ ~ fl(t ~1lC T31E T~IHkXS. #101E 1 S~gOpfTRA~TpR 70 CDAPLY } ~ ~ISfN J~0.1- FOC A1rD H1k 2 ON TOSIEiSL ONUS ~DOr #N.I_ +1ep AIRC*1F7 WASIii3 SIOFISS ~ C01rf1lCLS PER FitiA #iEQk7VQ'DA4' ~ 3 TVRS 8f1~ 4N if A ~ . 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