HomeMy WebLinkAboutOrdinances (O-02-1379)-12/17/2002
ORDINANCE 0-02-1379
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT A1,
BLOCK 2, HIGHLAND ACRES, FROM THE CPO PROFESSIONAL OFFICE
DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL
DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Pat Ray, Victorious
Living Church for Hughes Capital Management, Inc. on October 18,
2002, under Case No. Z-02-033; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described as
Tract A1, Block 2, Highland Acres, by changing the zoning of said
property from the CPO Professional Office district to the PUD-C
Planned Unit Development Commercial district, as shown on the
attached Zoning Exhibit attached as Exhibit "B", including any other
conditions and restrictions imposed and approved by the City
Council, which are incorporated herein.
Sec. 2.
THAT the PUD-C area shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for an assisted living center and
general office land uses,
Ordinance 0-02-1379
Page 2 of 3
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
2. PERMITTED USES
The following land uses shall be permitted within this Planned
Unit Development.
a. Assisted Living Center
b. Uses allowed in the CPO Professional Office zoning district
3, GENERAL REGULATIONS FOR ASSISTED LIVING CENTER
a. For the purposes of this ordinance, an assisted living center
shall mean an establishment that furnishes, in one or more
facilities, food and shelter to four or more persons who are
unrelated to the proprietor of the establishment; and provides
personal care services.
b, For the purposes of this ordinance, personal care services shall
mean assistance with meals, dressing, movement, bathing, or
other personal needs or maintenance; the administration of
medication by a person licensed to administer medication or the
assistance with or supervision of medication; or general
supervision or oversight of the physical and mental well-being of
a person who needs assistance to maintain a private and
independent residence in an assisted living facility or who needs
assistance to manage the person's personal life, regardless of
whether a guardian has been appointed for the person.
c. This facility shall be licensed as a Type A Assisted Living Center
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 the issuance of a Certificate of
Occupancy for this property.
d. The number of residents in the assisted living center shall not
exceed thirty-two (32) people.
e. At least eighty (80) percent of the residents of the facility shall
be fifty-five (55) years of age or older.
f. This facility shall not accommodate individuals who are bed-
ridden, chronically disabled, invalid or pose a direct threat to the
Sec. 4.
See, 5.
Sec. 6.
Sec. 7.
Ordinance 0-02-1379
Page 3 of 3
health, safety or welfare of themselves or others. This facility
shall not constitute a halfway house, rehabilitation facility, or any
other type of facility whereby individuals receive guidance or
assistance in the transition from institutional care to normal
social activities and treatment, counseling, or other services
related to such rehabilitative services.
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon
publication,
AND IT IS SO ORDERED.
The first r,!adin~ and public hearing being conducted on the J ~ day ot
~ ~~ 2002.
The second reading and public hearing being conducted on the /.?'~ day of
2002.
A~~%~
CITY OF COLLEYVILLE:
~~
Mayor
Cynthia Singleton, TRMC
City Secretary
~bAS TO FORM AND LEGALITY:
tt;. Foster
City Attorney
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EXHIBIT B - ZONING EXHIBIT
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