HomeMy WebLinkAboutOrdinances (O-09-1737)-11/17/2009ORDINANCE 0-09-1737
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 WATER PUMPING STATION ON
LOT 1, BLOCK 1, OF THE COLLEYVILLE WEST PUMP STATION ADDITION;
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. ZC09-014; 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, 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 0-09-1737
Page 2 of 4
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 water pumping station on Lot 1, Block 1, of the Colleyville West
Pump Station Addition, as depicted on Exhibit "A".
Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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. This Special Use Permit (SUP) shall be for a fully enclosed water
pumping station, with a maximum gross floor area of 2,053 square feet.
b. The location, landscaping and layout of the building shall be generally
consistent with the attached Exhibit "A", Exhibit "B" and Exhibit "C".
c. The building shall meet the building design requirements stated in the
Land Development Code. Exterior building materials shall be limited to
masonry only.
d. The structure allowed as part of this SUP shall only be allowed in
conjunction with the use of a water pumping station. Any other use of
this building shall be deemed to be a violation of this ordinance.
e. An eight (8) foot masonry fence shall be constructed along the entire
length of the side and rear property lines.
f. An eight (8) foot combination wrought-iron and masonry fence shall be
constructed along the front property line, adjacent to Bransford Road.
g. No gates shall open toward Bransford Road.
Ordinance 0-09-1737
Page 3 of 4
h. Exterior front lighting shall be limited to a security light located along the
front and front corners of the building, to be mounted on the building.
Lighting shall be arranged so as not to illuminate on adjacent residential
properties.
i. A minimum of ten (10) Buford Holly shrubs and two (2) Live Oak trees,
each a minimum of five (5) inches in caliper, shall be planted along the
front of the building along Bransford Road. Spacing and planting
specifications shall comply with Chapter 4 -Landscaping and Buffering
of the Land Development Code.
j. The water pumping station shall, at a minimum, be monitored by a
wireless security system, including video cameras.
k. There shall be no permanent onsite personnel stationed at the facility.
I. There shall be no outside storage of any materials allowed on the
property.
m. This facility shall comply with all City of Colleyville noise regulations.
n. The property and building shall meet all the requirements of the Land
Development Code, except where amended herein.
o. If no building permit has been issued for the primary structure approved
by this ordinance, this Special Use Permit shall become null and void
five (5) years from the date of approval of this ordinance.
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.
Ordinance 0-09-1737
Page 4 of 4
AND IT IS SO ORDERED.
The first re ing and public hearing being conducted on the _~ day of
2009.
T secon reading and public hearing being conducted on the ~r~ day of
2009.
ATTE CITY OF COLLEYVILLE
-~~~~
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
~~~~~~ l9'~.
Matthew C. G. Boyle
City Attorney
Exhibit A -Zoning and Location Map
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