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Home My WebLink AboutOrdinances (ORDINANCE O-15-1948)-02/18/2015 ORDINANCE 0-15-1948 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 8A, BLOCK 1 OF THE THOMPSON TERRACE SUBDIVISION LOCATED AT 5117 COLLEYVILLE BOULEVARD, SUITE A, BY AUTHORIZING A SPECIAL USE PERMIT FOR A SECOND HAND GOODS SHOP; 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 of Colleyville has received an application for rezoning under Case No. ZC14-028; 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 and 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 to, among other things, 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 0-15-1948 Page 2 of 4 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, thegoverning 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 authorizing a Special Use Permit for a second hand goods .shop on Lot 8A, Block 1, of the Thompson Terrace Subdivision located at 5117-A Colleyville Boulevard, as depicted on the attached as Exhibit "A". Sec. 3. 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. 4. THAT the above described tract of land_ shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of-a second hand goods shop within Suite A on the subject property as described in Exhibit "B". b. The name of the business authorized under this ordinance shall be "The Attic Resale". c. Signage shall be consistent with the business name and shall not contain the word thrift, used, salvage, pawn, or junk. d. There shall be no outside storage of any items on the property. • Ordinance 0-15-1948 Page 3 of 4 e. All off-street loading and unloading shall occur through the building entrance located on Thompson Terrace. f. Items authorized to be sold in said business shall be consistent with permitted uses in the CC-1-Village Retail zoning district. • g. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. h. After reconstruction of SH26, a minimum of 17 parking spaces shall be required for 5117 Colleyville Boulevard for the duration of the SUP. Sec. 5. 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. 6. 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. 7. 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. 8. 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 3rd day of February 2015. Ordinance 0-15-1948 Page 4 of 4 The second reading and public hearing being conducted on the 17th day of February 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 114 day of Rbru_ar 2015. - ATTEST: CITY OF COLLEYVILLE 4f G-�� kip Am.\"helley, 'MC David Kelly i City ecretary Mayor APPROVED AS TO FORM AND LEGALITY: ,�mrMatt w C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map I: 111 t . . ... T i._ l` ?UDC 5.101 iiTilt 1, 1 , iiism.", , . " , . " .. . , . '. Site iiimii_ 1 ili ....1ii ,. , -siiia ' , :',Iti'o9' Jow ... IE.F.,..,.,.., �. •'Mg Skill :' ' Rao ilso . „ - ... .,,, L,l , , RIII , i . _ . - ,51x}" '5/04 • i.r ili AG gil1 5'x00 I 4:01 ' 513 . saint RUD .5`� ° 5101 Ii r ti ' �3 #,F ,.....1.r z f - o II* . _`F Vis, 51121. 5012 so. 13 , 502 1 .- _ : ;'.(- _ iitit, 1 9004 ) .•5005' I Exhibit "B" - Statement of Planning Objectives 195'5'9 a\k Afr-ficAv- November 18,2014 The City of Colleyville 100 Main Street Colleyville,TX 76034 To Whom It May Concern: This letter is addressed to the Planning&Zoning Commission and City Council of Colleyville, Texas with regard to the opening of the business known as The Attic Resale LLC, currently located at 7205 Boulevard 26, NRH, TX in the Greater Richland Plaza. The application for a Special Use Permit along with application fee of$500.00,are accompanied by this letter. The Attic is currently run by owners Della Greener and Sumer Morgan, and have no additional employees. Merchandise is purchased through Estate Sales, local Non-Profit Retailers& Select Client Referrals of The Attic. These purchases are recorded and tracked in Quickbooks. As a Resale Shop we offer a unique blend of New,Gently Loved&Repurposed items such as: Women's Clothing,Shoes,Accessories&Jewelry _ Housewares Art/Frames/Wall Hangings -- Unique Antique Pieces&Furniture Hours of operation will be as follows: Monday—Closed Tues,Thurs,Sat&Sun—11:30am thru 6:00pm Wed&Fri—11:30 thru 4:30pm 7205 BOULEVARD 26 • NORTI-I RICHLAND HILLS • TEXAS • 76180