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HomeMy WebLinkAboutOrdinances (O-11-1803)-09/08/2011ORDINANCE 0-11-1803 AN ORDINANCE AMENDING ORDINANCE 0-10-1761 RELATED TO TRACT 1B1, ABSTRACT 1154 OF THE R.H. SURVEY CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-10-1761 on August 3, 2010, to establish the zoning of 8.0 acres out of the R.H. Survey, Abstract 1154; and WHEREAS, the applicant has requested an amendment to Ordinance 0-10-1761 to further amend the commercial zoning district requirements on approximately 8.0 acres out of the R.H. Survey, Abstract 1154 under Case ZC 11-004; 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 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 0-11-1803 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 amending Ordinance O- 10-1761. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on Tract 1B1, Abstract 1154 of the R.H. Survey, as depicted in the attached Exhibit "A" and as described in Exhibit «B„ Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of I~nd shall be subject to the following conditions: 1. LICENSING a. This facility shall be licensed as a Type B Alzheimer Facility by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to issuance of the final certificate of occupancy. 2. CERTIFICATE OF OCCUPANCY a. The facility shall be allowed to open under a temporary Certificate of Occupancy for a period not #o exceed five months prior to the issuance of the final Certificate of Occupancy. 3. WINDOWS AND OPENINGS a. Clear story windows shall be allowed for natural lighting of the first floor common area only. Said windows shall not be accessible from any walkway, hallway or catwalk such that a person could look out of the window from the inside of the building onto any adjacent residential properties nor shall there be any windows or openings for Ordinance 0-11-1803 Page3of4 any second story or higher rooms. Interior lighting shall not directly illuminate through said windows or openings nor shall the interior lighting devices be visible from any adjacent residential property so as to be seen through said window or opening at night. 4. EXTERIOR WALL CONSTRUCTION MATERIALS a. In lieu of stone or brick, pre-fabricated cementious fiber board, such as Hardie Plank, shall be allowed as an approved exterior wall material on the east and north elevations of the primary structure for the first story of the building only, provided that said material does not exceed 25% of the total exterior wall material for said elevations. Said material shall be installed in a lap board style only. In addition to stone and brick, stucco shall be allowed as a primary masonry material for the east and north elevations as well. b. The following statement serves as a clarification to Section 4(5)e of Ordinance 0-10-1761: Pre-fabricated cementious fiber board, such as Hardie Plank, may be used for building accents on the south and west elevations of the primary structure. The portions of the primary structure that may be considered as accents are dormer windows and gables only. 5. FENCING AND SCREENING a. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the Memory Care facility first floor windows to the adjacent residential lot first floor windows. The fence shall meet all front setback transparency requirements as required by the Land Development Code. 6. SIGNAGE a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. The sign may advertise for multiple tenants located within the Meadows Creek Plaza Addition. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 6. 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. 7. 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 Ordinance 0-11-1803 Page 4 of 4 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. 8. 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. 9. 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. 10. 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. 11. THAT Ordinance 0-10-1761 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The fir reading an public hearing being conducted on the ~ day of 2011. ~~ The se¢~ nd reading and public hearing being conducted on the ~ day of .~i, ni1~~ 2011. ATTE9T: yntnia 5mc _ ity Secretary APPROVED AS TO FORM AND LEGALITY: V J• Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE ~~ David Kelly Mayor Exhibit A-Location and Zoning Map Exhibit B - Legal Descriptions ~.{~~ ~e Frapert~~ iJ~script~~nn ~~iu~ €~ 3.t)2 ~~cr~ tr~ct c~n p~crc~i of l~snd sztes~teti in ~~~e R.?~T. I~~Eti~itt~ Survcy, At~s~ract No. 1 I S~ in t~e G~Cy ~f CaIleytir'tlte, T"~trrA~it Gc~tuaty, Tex~s, r~itt tract b~ing a~~a~t?an ~f a#ract ~pf iarne€ ct~nveyed trx at T~CF' !C~ed~r ~~'e~k I'2~r1:, Ltd as d~scri~d in Dc~c~~cnen# T~1z~~r~her L~2053Q4~t~~ nf the T}~eel Ftecprds ~f `x'are~ant C~unFy, 'Cex~s, ~€~i~l 3,U~ ~tcre tract n~or~e g~u~ticWlar~y desc~il~ed b;r r~~tcs ~nd baun~s ~s fal]Q~vs: B~GII~NIlYG at a T~~as I~~~artrne~~t ~f Tran~~rrtati~~ br~s~ c3isi: in ~nncr~:te f+nund ~t th~ s~iuE4~tst ~ukba~c c-f the inters~ction pf ti~ tt~?rt~ Eine of L€~~~~a "T'~il ~~~1' IZ~}Vv') ~~i thc wcst lirz~ af F.M. High~cusy 1'wt~, 3429 ~~eecin~# Li~~e R!~~d~ (vari~~te vvidth l~E~'ti~~~; Tf~~n~c. Narth 4~°~04'3~''' ~~afe~t ~I~n~ said e~t~ack lin~ for a d~~tance of 35.3'~ fcct tu a T~x~s D~p~rt~ent ~a~' Tr~ns~cCat~c,~~ in•~~ss c[i~~ ~`t~t~nd far corrt~r ira the e:a~t lin~ of s~4tt F.~oi. Hi~hu~~y 34L{t; Tl~~~~cu: 7+~c~rth {lQ°1 ~'~b" V+~e.st alang the ea~d 1'tn~ t~~'s~ac! ~.M, Hi~hw~a~ 3f~29 ior ~ distance af 31{l.~i(1 t'~et tc~ an "x„ in caancr~te it~un~# far carn~r at tlt~ sa~th~vrc~t cc~rner cr#`Lc~t 3, Black 1, Ir1i~adosu~ ~re~lc ~'laa.a, ~n acIdi~it~t~ t~ th~c C;it}~ ~f Co~lcywillrr ~ccardin~ ~U t~ g+1~t th~r~~af r~cor~Ic~i in Cabinet ~,~ ~lidc iC1GGI of the ~`l~t Ii~orr~~ at`Tarrant ~'~ttnt±,+, 'Tex~~; Tl~tence. Sc~u#~ $9~55°t?d" '~~r"~st 1~?ith C~s~ sautlt lir,~ af' ~a~d I~cst 3, F31c~clc 1, ai 2t32.'~a feet ~assin~ an `'~„ f~~~r~cl ~n cc~rc~i~ at ih~ ~auih~:s~st corn~r of ~~id I„ai 3, ~Icack l, :~~me l~i~ig fl~e sa~tl~~~cst c~irner ofLr,t ~, B1oc~ 1, ~utea~la~ws Cr~k £~F~a Adc~iti~?n an additi~n ~~ tlte ~[ty of Coll~yvitle ~~ardin~ t~, ihe plat re~a~l~d in CaUinet ~t, ~alide t 1~3~ ~f'tite ~.tat I~.~cQrds t~f I'~nt C~~u~tv, 3'exa~, and ce~niinuin~ slqn~ the savth ~i~e ~f'said k,nt 4, Blcacf~ 1 m tcrtal dist~t~~~ r~f 339;9~ fe~t tt~ ~n `•x'' fountt in c~an~r~t~ i~r camer at ~i~ soutl~ez3~# ct~rs~er c~f s~id L~t 4, IIlc~ck l; '1'ltetar:~, ,South t~t}~t~5't}{~" ~~~c~~ for ~ dist;~nc~ nf ~#3,~J feet ta a~~;r~t f4r +~c~rner; Tlaet~c~e: S€~u~13 ~~"~9'~f}°' ):;ast ~t~c ~ di~lt~at~:~ af 272.~t~ f~~t #~ a~~oint for comer; `i7tcn~c. ~outh t)~#°~p~'{~t~"' "~~'~st far ~s ~fistan~~ ta!` ~1.82 fiet ia ~ poini it~r c:nrne:r in [h~: nat#h lin~ ~af ~~id Lavaca Trai1; Thence; I~Torth S~°~5't}l7"' ~ast ~vi#h tlie n4~tlr lin~ af said I~av}xe~ 'Cr~it fr~r ~ dist~nc~ af 423.~69 fcet tc tl~e PDTI4T OF F3F,C~IN~1l~ta ~tn;! et~nt~initt~ 3,02 ~ei`es t~f Land mnre c~r fess. ~,(!G ~4c ~'r€sper#y Ia+~scri~ati!on Been~ a S.Elfi ~cre traCt crti ~ar~•el of l:tn~l ~iiuut~c~ in th~ R.i~i. IulcEkving Surw~:y> ~Easir~tct Na. 1154 in the City ~o#' ~lleyn~iltV, T~a•ra~it County~, Tcxas, s~tid tr~ct 6ein~, a~ort3t~~ c~f a tract c~f I~e~€~ t;t~nv~}rctt tt~ FtCP Ce~3~r Gr~k Park, i,,td as ~le~cri~i~cl in Da~cument Irlum~er L~2fl53t145d3 af the L)~d Recr~r~3s taf T~trrant Gounty, T~x~s; saitl S.t}6 ~crc traci mor~ parii~ularEy ci~scr'sbed E~}~ ~ctcs anc[ b~~a~ds ~s folln~~rs: CI;~i1'tI4I44L~ICiNG ai a Texas I~ep~rtntent e~f Tran~~rtxtinn br~s dis~ focind ~t fF~e souEltc~si ~utbt~ck line t~f ~1~e 4v~st Iine of F.M.1°Ii~ltt.!~y 3(12~' (I'r~ci~~;t Line F~c>ati) {+.~~i~blc vridth ri~ht Qf tv~~~} ~nd the nort~ lix-c rrf F.uv~a Trail ~~it?' R~~V); "~~esrce: ~o~~tt~ $9°SS'(lD" We~t tiaii~ the na~h li~ti~ of ~id ~v~c~ ~'r~il i`~r ti ciist~n~c~ of 4~~.~~ feei d~ tl~e I'O~I:V"T f~F BEt:I~1NC; Tl~~;nce: T~(a~ th ~Jt}~'C~~'i~U" Wc~t ~c+r ~~iistance nf ~] .$? f~t to n~.~ini f~r ~:otner; Tl~cnc:c; Nr~rt1~ 23"~s)'~4" btr~:st f~r a di~t~nce c-f 272.4? f~e4 t~ a~c~~nt f+~r corsier; T~~zn~e. ~Jc~rtk~ R~p$~5't}tI" ~"Jest at ~3,~1 #'e~t p~ss~n~ an •'x„ fc-~d in cc~nc~cte as t1~c s~~tE~ea~t ct~r~~er ~sf`Loi 4, I3Hc~k I, Pv~cad~ws Creelc Piar,~ ~,ddiliun, ar~ ad~3tian to !he +~it~~ ui` ~~11~yvilfe ~er t6~~ ~Cat r~cc~r~led in C.~l~inet ~1, Slide 115~6 nf the Piat Recc~eds of Tarrar~a C~~unty, "I'ex~s, srtd cantinuin~ ~lan~ an east line r~f said I.c~t 4, Slack r'~, a€Qta[ dista~~ce c~f ?'~.~A f+:et tc~ a~~ii~t for c~rncr; Thec~ce: 7*ior~fi Q±°i7'S5" ~,~lest ;;~th east lirte oC saia L,ci~ d, Bl~r~k ,~, far a c3ise~n~e ~af 134.2a #`eet tci a~ctiint fcae c:nrner, Tl~eia~: h'cart~ Cl2°~#5'Q4" 4~`est for ~ edistan~:e a1' 143.~I0 fcet tca a pc~ini far wm~:r iu thc n~rth. lir~~ of said RCP ~eilar ~rce:c ~~txk, Ltd zract, s~rd pc~irtt ~eit~~ t~~e r~or~tr~east coriz~r af sasd Lot 4, }~lnc~: 1, P~~I~adnw ~`~4k Plsza t~dditian; Tltenc.:. 5~u~ ~'3°55'[1~" We:~t v~~i#lt iltc ltorih liric bf sxid R~~' GGdar Cr~ek Park, I tc~ tra~t fcrr a distanc~ o#`4~T~37 f~~# to ~ po'ttit I~ur ~;ornr.r aC the nr~rQ~ca3t cu~~r t~3'sai€i I~CP C~~iar Cr+c~: P~rk. ~,td tra~t; "~`lze~tr.~; 5c~taet~ {~3°~7" 13" i~~~~t ~vitl~ tlx~ cca~st tine o~ s~'r~ itC~l' t;ecl~r L:r~ek 1'~r~C, ~td lrxct for ~ distanc~ ctii` 6Q3.2U f~ct tca ~s pc~ic~t for ccrrn~r nt #he satt~}t~st c~mer c+f s~id I~C:1'' ~c~lar Cr~k Park , t.td tr~ct, said ~c~int b'ein,g in t1~e nc~r~}~ li-ie ofsaid Lt~v~a;~ °i`r~il; Thence: Nr,r•t1t ~S9Q55'4(l" ~:~st witt~ ttt~ sotrt~ linr of s~id Ft~~' Ccdar Gree4 t't~t•k, i,td tract, ~s~t~e ly~i~ig tl~~ r~drt~~ lirr~ ofs~id E.~~~aca Trnil ta the pt~Ii'~tfi i)T Ti~:C1NNIiVG an~ c~rntairten~ 5.t~~i .~cre~ c~l' laai~! r~auru ~,r lcs:4.