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HomeMy WebLinkAboutOrdinances (O-08-1699)-11/18/2008ORDINANCE 0-08-1699 AN ORDINANCE AMENDING ORDINANCE 0-08-1683 BY APPROVING A DETAILED SITE PLAN; 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 0-08-1683 on June 17, 2008 to establish the zoning on 0.6 acres on Tracts 3D1 and 3E1, Abstract 963 of the Absalom J. Lott Survey, from the AG-Agricultural Zoning district to PUDC-Planned Unit Development Commercial zoning district; and WHEREAS, the applicant has requested an amendment to Ordinance 0-08-1683 to authorize the approval of a detailed site plan, as required by Ordinance O- 08-1683; 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 Ordinance 0-08-1699 Page 2 of 3 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 0-08- 1683 to authorize the approval of a detailed site plan, as required by Ordinance 0-08-1683. 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 0.6 acres on Tracts 3D1 and 3E1, Abstract 963 of the Absalom J. Lott Survey, as described in attached Exhibit "A", to add a detailed site plan, attached as Exhibit "B". Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN a. The development and layout of the property shall adhere to the detailed site plan, attached as Exhibit "B". 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 0-08-1699 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 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 0-08-1683 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 ublic hearing 2008. being conducted on the /~/~ day of ATTEST: CITY OF COLLEYVILLE 5~ r Cynthia Singleton, TRMC, CMC n Ayers City Secretary Mayor Pro Tem APPROVED AS TO FORM AND LEGALITY: Michael Kailas City Attorney i~i/,~- EXHIBIT "A"- Legal Description THE GARDENS AT COLLEYViLLE PROPERTY DESCRIPTIdN BEING a tract of land situated in the Absalom J. Lott Survey, Abstract No. 963, City of Colleyville, Tarrant County, Texas, being all of #hat certain tract of land as described by deed to Cynthia D. Hudson, recorded in Volume 11338, Page 812, Deed Records, Tarrant County, Texas and being all of that certain tract of land as described by deed to Rocky Alan Hudson, recorded in Voiurne 10481, Page 714, Deed Records, Tarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron rod wi#h orange cap stamped "Moak Surv inc." found for the northwest corner of said Hudson's trail, ttye northeast comer of that certain tract of land as described by deed to Gardens Corrxyyyercial Partners, Ltd., recorded in County Clerk's Document No. D207153199, Deed Records, Tarran# County, Texas, in the south line of Lot 1 R2, Blank 1, Tropicana Fuels Addition, an addition to the City of Colleyville, according to the p{at recorded in Cabinet A, Slide 5398, Plat Records, Tarrant County, Texas; THENCE South 89°33'06" East {S 89°29' E Deed}, with the north line of said Hudson's tract, with the south line of said Lot 1 R2, Block 1, Tropicana Fuels Addition, a passing distance of 80.89 feet to a 112" iron rod found for the southeast corner of said Lot 1 R2, Slack 1, Tropicana Fuels Addition, lasing the most westerly southwest comer of Lot t3, Bieck 9, Longwood Estates at Ross Downs Phase V, an addition to the City of Cnlleyville, according to the plat recorded in Cabinet A, 51ide 2704, Plat Records, Tarrant County, Texas, continuing with north line of said Hudson's trail, with the a south line of said Lot 6, Block 9, Longwood Estates Addition for a total distance afi 105.04 feet {105.00' Deed} to a !/2" iron rod found far a re-entrant corner of said Lat 6, Black 9 and being in a west line of said Longwood Estates Addition; THENCE South 00°55'08" West {S 01°47`40" W Deed), with the east line ofi said Hudson's trail, with a west fine of said Longwood Estates Addition, a passing distance of 269.87 feet to the southwest comer of Lot 13, 61ock 8 of said Longwood Estates Addition, continuing with the east iine of said Hudson's tract for a fatal distance of 291.65 feet {291.5" Deed) to an 1" pipe found for the southeast comer of said Hudson's tract, the northeast corner of that certain tract of land as described by deed to Cheryl Ann West, Diana West Myers and Douglas F. Myers, recorded in County Clerk's Document No. D206035360, Deed Records, Tarrant County, Texas; THENCE North $9°27"39" West (N 88°31' W Deed) ,with the south iine of said Hudson's tract, with the north line of said Myers trail, a distance of 102.68 feet (105.00' Deed) to a 5f8" tray rod found for the southeast comer of aforementioned Gardens Commercial Partners tract and being the southwest comer of said Hudson's tract; THENCE North 00°27'17" East (N 01°47'40° E Deed), with the west iine of said Hudson's tract and with the east iine of said Gardens commercial Partners #rad, a distance of 291.48 feet (289.8' Deed} to the POINT OF BEGINNING and containing a calculated area of 30,280 square feet or 0.695 acres of iand. EXHIBIT "B"- Detailed Site Plan i ~ ~,~r ---- ~ ~ ~~ ,,,,~ ~ ~ h -_- - I ~ j ~ ~ E t } ~' ~ ~ ~ ,sz i S ~Ji .V 1 ,s•as ~~ C ~!~` ~ ~~ ~ ~ i ~ {~~ = , , ~. ~~~ ~ b ~~: F rn I ~ ~~ I ,; ~Q E41 ~ I z / ~ t ° I ~`- ~ ~ ~ ~ ~ i _ 4 .._.. - - ~ ~ ~ ~ ~