HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2044)-07/17/2018WITHDRAWN BY APPLICANT JULY 17, 2018
ORDINANCE O-18-2044
AMENDING ORDINANCE O-04-1474 CONDITIONS; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-95-987 on April 18, 1995,
to establish the zoning of 21.299 acres out of the M.W.
Davenport Survey, Abstract 432; The J.N. Gibson Survey,
Abstract 591, Tracts 4A3, 4A1, 4A3B and the Robert Chowning
Survey, Abstract 294, Tract 1E and a portion of Tract 1; and
WHEREAS, the City Council approved Ordinance 0-04-1474 on August 17,
2004, amending Ordinance 0-95-987 to permit CC-1 and CC-2
zoning district uses, except for restaurants with drive-through
services and all convenience stores, on Block 11, of the
Longwood Estates at Ross Downs Addition; and
WHEREAS, the City of Colleyville has received a request for an amendment
to Ordinance 0-04-1474, under Case Z-18-009; 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 designed to lessen
congestion in the streets; and 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 O-18-2044
Page 2 of 4
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.
Sec. 3.
THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on Lot 3A, Block 11, of the Longwood Estates
at Ross Downs, located at 7181 Colleyville Boulevard, from the
PUD-R Planned Unit Development-Residential Zoning District to the
PUD-R Planned Unit Development-Residential Zoning District, as
depicted in the attached Exhibit “A”.
THAT the above described tract of land shall be subject to the
following conditions:
1. General
a. The following amendments to Ordinance O-04-1474 are
hereby authorized:
i. Section 2.2.A.3 of Ordinance O-04-1474 is hereby
amended to revise the permitted uses to allow
restaurants with drive-through service for Lot 3, Block
11, of the Longwood Estates at Ross Downs Addition.
There must be a physical separation between the drive-
thru lane and the fire lane.
Ordinance O-18-2044
Page 3 of 4
ii. Ordinance O-04-1474 herby remains valid and all
provisions of Ordinance O-04-1474 shall remain in full
force and effect except where amended herein.
Sec. 4. 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. 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 5th day of June
2018.
The second reading and public hearing being conducted on the 17th day of July
2018.
Ordinance O-18-2044
Page 4 of 4
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Chuck Kelley ____
Place 3, Kathy Wheat Place 6, Callie Rigney ____
Place 4, George Dodson
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
Assistant City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt L. Wyatt
City Attorney
Exhibit “A”- Zoning Map