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Home My WebLink AboutOrdinances (O-14-1920)-08/19/2014 ORDINANCE 0-14-1920 AMENDING ORDINANCE 0-13-1881 CONDITIONS; 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 Council approved Ordinance 0-13-1881 on October 2, 2013, authorizing alcohol sales for on-premise and off-premise consumption on Lots 1R1, 4, 5A, 6A, 7A, and 9R, Block 2, Village Park Addition, located at 4701, 4709, 4717, 4725, 4801, and 4843 Colleyville Boulevard under zoning case ZC13- 009; and WHEREAS, the applicant has requested an amendment to Ordinance 0-13- 1881 by requesting a waiver to the requirements of Chapter 4- Landscaping and Buffering in the Land Development Code; 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 HEREAS, 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 Ordinance 0-14-1920 Page 2 of 4 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 0-13-1881. 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 following amendments to Ordinance 0-13-1881 are hereby authorized: (1) As it pertains to the requirements of Section 4(1)g and 4(2)a contained in Ordinance 0-13-1881, Texas Brazos Native River Rock and a 12 inch deep moss rock border, eight (8) to ten (10) inches in size with a hue that is darker than the Texas Brazos Native River Rock is hereby approved as acceptable ground cover material in place of sod or grass within any required parking lot island provided the layout of said rock is consistent with Ordinance 0-14-1920 Page 3 of 4 Exhibit "A". (2) All live plants and trees included in the parking lot islands in the development shall be consistent with the approved landscape plan on file with the City and shall be planted and maintained in good condition with said plantings indicated on the approved landscape plan. (3) All other requirements of the Land Development Code shall remain in full force and effect except where amended herein and approved by Ordinance 0-13-1881. 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 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. ND IT IS SO ORDERED. he first reading and public hearing being conducted on the 1st day of July 2014. he second reading and public hearing being conducted on the 15th day of my 2014. he continuation public hearing being conducted on the 19th day of August 014. Ordinance 0-14-1920 Page 4 of 4 PASSED AND APPROV by the City council of the City of Colleyville, Texas, on this the la' day of 4 2014. ATTEST: CITY OF COLLEYVILLE Amy - elley, TR C David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: ( )* Matthew C. G. Boyle City Attorney Exhibit "A" Texas Native Brazos River Rock Rosemary Lacebark Elm Tree quantity or Desert Willow Grass qKunaonctkityoupt per plan ow per plan quantity per plan quantity per plan . \ \ I i i N ,...ue ,4tr,0,41.,'.4",',IP C.V.-P, 114.4%,,a-V --- '' tP, U.'.4:1,i74.4• *M--.,' e.4.. ",,,. t 4Y , \ -; ,.!,,,..,,,-'...1.'re,it-'• .."-, -..-'1,4-'4,A, •'_.447, ...4.,=.4.1:Y.m.„1.?.-. 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