HomeMy WebLinkAboutOrdinances (O-12-1839)-07/03/2012ORDINANCE 0-12-1839
AN ORDINANCE AMENDING ORDINANCE 0-10-1761 RELATED TO LOT
2, BLOCK 1, OF THE MEADOWS CREEK PLAZA ADDITION
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 City Council approved Ordinance 0-11-1803 to further
amend the commercial zoning district requirements on
approximately 8.0 acres out of the R.H. Survey, Abstract 1154
under Case ZC11-014; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-10-
1761 to further amend the commercial zoning district
requirements on approximately 5.0 acres out of the R.H.
Survey, Abstract 1154 under Case ZC12-014; 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
Ordinance 0-12-1839
Page 2 of 4
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 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 0-10-1761.
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 Lot 2,
Block 1, of the Meadows Creek Plaza Addition, 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 land shall be subject to the
following conditions:
1. BUILDINGS
a. Building elevations shall be consistent with the elevations
Ordinance 0-12-183!
Page 3 of ~
shown on Exhibit ~~C".
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 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 and 0-11-1803 shall remain in full
force and effect, except where amended by this ordinance.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of ]une
2012.
The second reading and public hearing being conducted on the 19t" day of
]une 2012.
Ordinance 0-12-1839
Page4of4
PASSED AND APPROV by the City C uncil of the City of Colleyville,
Texas, on this the ~ day of 2012.
ATT T: ~ CITY OF COLLEYVILLE
~ • /~\
!~~-~--~-1
,=
ynthia Singleton, TRM , CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
~~~~~ ~ . ~
Matthew C. G. Boyle
City Attorney
Exhibit `~A" -Location and Zoning Map
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Exhibit ~~B" - Statement of Planning Objectives
The zoning amendment is only intended as a minor modification ta the previously
approved building elevatiAns. Previous planning objectives have na# changed. The
tower is being perceived as an institutional laak rather than a residential look from the
resident's perspective and has triggered unachie~able requirements and costs. We
propose to replace this feature with a large chimney element and flagpoles. The
applicant feels the proposed building elevations are still consistent with #he existing
zoning Exhibit D.
Exhibit ~~C" - Building Elevation