HomeMy WebLinkAboutOrdinances (O-14-1904)-02/04/2014 ORDINANCE 0-14-1904
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP
AND CHANGING THE ZONING ON 2.8 ACRES LOCATED IN THE J.L.
BYAS SURVEY, ABSTRACT 180, FROM THE AG-AGRICULTURAL
ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT
COMMERCIAL ZONING DISTRICT; 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 of Colleyville has received an application for a rezoning
under Case No. ZC13-020; 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
Ordinance 0-14-1904
Page 2 of 6
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 2.8 acres located in the J.L. Byas Survey,
Abstract 180, from the AG-Agricultural zoning district to the PUD-
C-Planned Unit Development Commercial zoning district, as
depicted in the attached Exhibit "A", and as described in Exhibit
"B11.
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 for a landscaping business
with outside storage named The Lawn Firm.
b. The proposed development is subject to all the regulations
contained in the Land Development Code, except as
amended by this ordinance.
2. BUILDING AND SITE COMPLIANCE PROVISIONS
a. The developer shall submit and receive approval from the
City, a minor plat, in accordance with the requirements of
the Land Development Code prior to development of this
PUD-C.
Ordinance 0-14-1904
Page 3 of 6
b. No later than 60 days from the date of approval of this
ordinance, the applicant shall allow an independent, third
party inspector, contracted by the City, to perform a
comprehensive inspection of the site and buildings and
provide a detailed report of all outstanding code compliance
issues. The cost of this inspection shall be paid by the
applicant. All specific life/safety, fire, and ADA code issues
identified in the report shall be addressed and brought into
compliance with all current applicable City codes no later
than 180 days from the approval date of this ordinance.
The final determination of compliance with this section shall
be made by the Community Development Director through
the issuance of a temporary Certificate of Occupancy.
Failure to meet the requirements of this section shall be
considered a violation of this ordinance.
c. Notwithstanding any additional requirements in this
ordinance, no later than one year from the date of approval
of this ordinance, all site specific issues governed by the
Land Development Code shall be brought into compliance
with all current Land Development Code requirements
except for the following chapters and provisions: The
building location, setback, screening and parking provisions
of Chapter 3-Land Use, Chapter 4-Landscaping and
Buffering, Chapter 6-Commercial Design Standards.
3. PERMITTED USES
a. The purpose of this PUD-C is for a landscaping contractor
with outdoor storage as specifically allowed in this
ordinance.
4. DEVELOPMENT CONDITIONS
a. Outdoor storage of equipment, supplies and materials is
hereby permitted provided all outdoor storage is kept a
minimum of 25 feet away from any adjacent properties
zoned or used for residential or educational purposes. This
provision shall become effective no later than one year
from the date of approval of this ordinance. Outdoor
storage of any hazardous materials shall meet all City and
State requirements effective upon the passage of this
ordinance.
Ordinance 0-14-1904
Page 4 of 6
b. The regulations for the CN-Neighborhood Commercial
District shall be applicable to this PUD-C, except where
modified by the provisions of this ordinance.
c. The hours of operation for any business allowed on the
subject property shall be limited to daylight hours only,
Monday through Saturday.
d. All lighting on site shall be directed away from adjacent
residential properties and illumination shall not exceed 0.5
foot candles as measured at any adjacent residential
property line.
e. Fire lane access to all structures on the subject property
shall be consistent with Exhibit "C" and shall, otherwise,
meet the minimum requirements of the Land Development
Code no later than one year from the date of approval of
this ordinance with final approval required by the Fire
Marshal.
f. If the property changes ownership or use, then a detailed
site plan will be required and shall include any new
buildings access easements, parking areas, landscape
buffers, and other improvements being proposed in
accordance with the Land Development Code.
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
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
Ordinance 0-14-1904
Page 5 of 6
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 7th day of
January 2014.
The second reading and public hearing being conducted on the 21st day of
January 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the 46 day of r=ttrcca y 2014.
ATTEST: CITY OF COLLEYVILLE
, 6
al 6 C s\
Amy elley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
INtsh (k.
Matthew C. G. Boyle •
City Attorney
Exhibit "A" - Location and Zoning Map
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Exhibit B - Legal Description
Tract 1
BEING a tract of land out of the J. L. BYAS SURVEY, ABST. #180 in Tarrant County, Texas,
and more particularly described as a portion of a 9.315 acre tract out of said survey
recorded in the name of Joe B. Harrison in Vol. 2850, Page 467, Deed Records, Tarrant
County, Texas and being described by metes and bounds as follows:
BEGINNING at a pipe, said pipe being the Southwest corner of said 9.315 acre tract;
THENCE North 00 deg. 18 min. East along the West line of said 9.315 acre tract 246.7 ft to
an iron pin for corner;
THENCE South 89 deg. 45 min. East 241.2 ft to an iron pin for corner in the West line of a
4.965 acre tract of land recorded in the name of Ronald R. Robertson in Vol. 5398, Page 58,
Deed Records, Tarrant County, Texas;
THENCE South 00 deg. 11 min. West along the West line of said 4.965 acre tract 246.7 ft to
an iron pin for corner in the South line of said 9.315 acre tract;
THENCE North 89 deg. 45 min. West along the South line of said 9.315 acre tract and along
a fence 241.7 feet to the POINT OF BEGINNING and containing 1.367 of land, more or less;
Tract 2
BEING 1.482 acres, more or less, situated in the J. L. BYAS SURVEY, ABSTRACT #180,
Tarrant County, Texas, being a portion of a 4.965 acre tract described in Deed from Ronald
R. Roberson to R. Sam Culbertson dated April 13, 1984, recorded in Volume 8382, Page 744
of the Deed Records of Tarrant County, Texas, SAVE AND EXCEPT 3.483 acre of said
property as described in Partial Release of Lien executed by Lloyd Winsworth dated
November 20, 1985, recorded in Volume 8382, Page 760 of the Deed Records of Tarrant
County, Texas, all as more particularly described following:
BEING a 4.965 acre tract of land out of the J. L. BYAS SURVEY, ABSTRACT #180, Tarrant
County, Texas, and being a part of a 9.315 acre tract of land conveyed to J. B. Harrison and
wife by deed recorded in Volume 2850, Page 467, Deed Records of Tarrant County, Texas
described by metes and bounds as follows:
BEGINNING at an iron pin at the Southeast corner of said 9.315 acre tract, said point being
216.67 feet North of the S.E. Corner of said J. L. Byas Survey;
THENCE West 271.0 feet to an iron pin for corner;
THENCE North 00 degrees 11 minutes E, 794.0 feet to an iron pin in the South ROW line of
the Hall-Johnson Road;
THENCE along said ROW line S 88 degrees 45 minutes E, 43.73 feet, said point being the
beginning of a curve to the left having a radius of 896.0 feet, and continuing along said
curve a distance of 227.27 feet to an iron pin;
Exhibit B - Legal Description (Continued)
THENCE S 00 degrees 23 minutes E 828.5 feet to the place of beginning, containing 4.965
acres of land, more or less;
SAVE AND EXCEPT THE FOLLOWING:
Being a tract of land out of the J. L. BYAS SURVEY, ABSTRACT NO. 180 in Tarrant County,
Texas, being part of a 9.315 acre tract of land conveyed to J. B. Harrison, et ux, recorded in
Volume 2850, Page 467, Deed Records of Tarrant County, Texas;
BEGINNING at an iron pin 457.13 feet North and 270.23 feet West of the Southeast Corner
of the J. L. Byas, Abstract No. 180 in Tarrant County, Texas;
THENCE North 0 degrees 11 minutes East 553.54 feet to an iron pin in the South line of the
Hall Johnson Road;
THENCE with said South line, South 88 degrees 45 minutes East 43.73 feet to an iron pin at
the beginning of a curve to the left;
THENCE with said curve to the left, with a radius of 2804.37 feet and a central angle of 4
degrees 42 minutes 15 seconds a distance of 230.06 feet to an iron pin;
THENCE South 0 degrees 33 minutes 55 seconds West 582.21 feet to an iron pin;
THENCE South 89 degrees 21 minutes 17 seconds West 267.44 feet to the place of
beginning, containing 3.483 acres of land, more or less (151.73835 square feet).
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Exhibit C - Fire Access Plan
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