HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2037)-04/03/2018WITHDRAWN BY APPLICANT
ORDINANCE O-18-2037
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 3.595 ACRES ON A PORTION OF TRACT 1, ABSTRACT
1154, IN THE R H MCEWING SURVEY, LOCATED AT 8060 PRECINCT
LINE ROAD FROM THE AG AGRICULTURAL ZONING DISTRICT TO THE
PUD-C PLANNED UNIT DEVELOPMENT – COMMERCIAL ZONING
DISTRICT; 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 of Colleyville has received an application for a rezoning
under Case No. ZC17-023; 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, 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
Ordinance O-18-2037
Page 2 of 13
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
changing the zoning on 3.595 acres on a portion of Tract 1,
Abstract 1154, in the R H McEwing Survey, located at 8060
Precinct Line Road from the AG Agricultural zoning district to the
PUD-C Planned Unit Development – Commercial zoning district, as
depicted in the attached Exhibit “A” and Exhibit “C”, and as
described in Exhibit “B”.
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended
to incorporate the zoning change approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The purpose of this PUD-C is to allow for a self-storage
facility totaling approximately 87,375 square feet.
b. This development shall be generally consistent with the
Statement of Planning Objectives, Exhibit “B”.
c. The proposed development is subject to CC-2 Shopping
Center zoning district and all the associated regulations
contained in the Land Development Code, except as
amended by this Ordinance.
Ordinance O-18-2037
Page 3 of 13
2. DEVELOPMENT PLAN
a. The development shall be generally consistent with the
conceptual site plan, Exhibit “C”.
3. PERMITTED USES
a. Uses shall be those allowed in the CC-2 Shopping Center
zoning district.
b. The self-storage use shall be a permitted use.
4. Lot Width
a. The minimum lot width allowed shall be 90 feet at the
property line.
5. BUILDING DESIGN
a. The facility shall be generally consistent with the building
elevations, Exhibit “C”.
6. FENCING AND BUFFERYARDS
a. The bufferyard along the rear (east) property line shall be a
minimum of twenty-seven and one half feet (27.5’).
b. In lieu of an eight (8) foot masonry wall along the east and
south property lines adjacent to residential zoning, the rear
of the buildings shall be permitted per the fence exhibit,
Exhibit “C”.
7. PARKING
a. A total of ten (10) parking spaces shall be required for the
facility.
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
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Page 4 of 13
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.
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.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 20th day of March
2018.
The second reading and public hearing being conducted on the 3rd day of
April 2018.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the 3rd day of April 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Nancy Coplen ____
Place 3, Kathy Wheat Place 6, Mike Taylor ____
Place 4, George Dodson
Ordinance O-18-2037
Page 5 of 13
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt Wyatt
City Attorney
Exhibit “A” – Location and Zoning Map
Exhibit “B” – Statement of Planning Objectives
Exhibit “C” –Site Plan and Building Elevations
Fence Exhibit
Drainage Plan
Landscape Plan