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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 Ordinance O-18-2037 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