HomeMy WebLinkAboutOrdinances (O-08-1680)-05/20/2008ORDINANCE 0-08-1680
AN ORDINANCE AMENDING ORDINANCE 0-06-1560 CONDITIONS, AND
AUTHORIZING THE ADDITION OF 45 DEGREE ANGLED ON-STREET PARKING;
PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-99-1141 on January 17, 1999, to
establish the zoning of 24.07 acres out of the J.M. Looney Survey,
Abstract 936, Tract 1 and the B.B.B. & C.R.R. Co. Survey, Abstract 206,
Tracts 3, 3E, 3D, 3C, 3B, 3B1, and a portion of Lot 1, Block 1 of City
National Bank of Colleyville Addition; and
WHEREAS, the City Council approved Ordinance 0-02-1337.4 on December 17,
2002, amending Ordinance 0-99-1141 in its entirety; and
WHEREAS, the City Council approved Ordinance 0-06-1560 on January 17, 2006,
amending Ordinance 0-02-1337.4 by incorporating additional
development standards for certain designated lots and areas; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-06-1560 to
authorize the addition of 45 degree angled on-street parking, under Case
Z-08-014; 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
Ordinance 0-08-1680
Page 2 of 4
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, 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
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-
06-1560 regarding authorizing the addition of 45 degree angled on-street
parking.
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
the Village at Colleyville Addition as depicted in the attached Exhibit "A"
labeled Location and Zoning Map.
Sec. 4. THAT the above described tract of land shall be subject to the following
amended condition:
1.45 DEGREE ANGLED PUBLIC PARKING
a. The following requirements shall only apply to the portion of Main
Street located between Village Lane and Pleasant Run Road and
shall become effective only upon the realignment of the on-street
parking in this area to angled parking from parallel parking.
b. 45 degree angled public on-street parking spaces shall be
allowed along both sides of Main Street between Village Lane and
Pleasant Run Road.
Ordinance 0-08-1680
Page 3 of 4
c. The existing median shall be removed upon the initiation of the
parking realignment allowed by this ordinance. Upon removal of
the existing median, a decorative median, constructed with brick,
stone or an approved surface that resembles brick or stone, shall
be installed. The new median shall be flush with the surrounding
pavement. The installation, size and location of the decorative
median shall require the final approval of the Director of Public
Works or the City Manager's designee.
d. There sha-I be a minimum unobstructed pavement width of 28
feet maintained on Main Street between Village Lane and
Pleasant Run Road.
e. These spaces shall meet the minimum design specifications for
parking spaces as stated in Section 3.29.1 -Parking Space
Construction Standards in the Land Development Code, except
where amended herein.
f. Any existing tree removed within the existing median as a result
of the parking realignment allowed by this ordinance shall require
mitigation per the requirements of Chapter 5 -Tree Preservation
in the Land Development Code.
g. No parking spaces may be placed such that a vehicle backing out
of said space would impede the flow of traffic and/or create a
threat to public safety within a street intersection.
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.
Ordinance 0-08-1680
Page 4 of 4
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 0-02-1337.4 and Ordinance 0-06-1560 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 second reading and public hearing being conducted on the ~pT.~ day of
2008.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
~~~~ ~ ~~
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
David Kelly
Mayor
EXHIBIT A -Location and Zoning Map
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