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Home My WebLink AboutOrdinances (ORDINANCE O-15-1954)-05/12/2015 ORDINANCE 0-15-1954 AMENDING ORDINANCE 0-08-1660 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 0-08-1660 on February 19, 2008, to grant a Special Use Permit for outside storage on Lot 1R, Block 2, of the Village Park Addition, located at 4701 Colleyville Boulevard; and WHEREAS, the applicant has requested an amendment to Ordinance 0-08- 1660 to increase the height of the "Bulk Storage Area" from four feet to eight feet, install an irrigated vegetative screen along Centerpark Drive, and relocate the "Outside Sales Area" to the end of the parking aisle immediately to the southwest of its current location under case number ZC15-007; 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 otherdangers; 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 Ordinance 0-15-1954 Page 2 of 4 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 0-08-1660 to increase the height of the "Bulk Storage Area" from four feet to eight feet, install an irrigated vegetative screen along Centerpark Drive, and relocate the "Outside Sales Area" to the parking aisle immediately southwest of its current location. Sec. 3. THAT the above described tract of land depicted in Exhibit "A" 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 b. All outdoor storage areas shall conform to the descriptions and locations shown on the attached Exhibit "B". c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, change in ownership of the hardware store, or the expiration or termination of the Certificate of Occupancy for the approved use. d. The Community Development Director, or his/her designee, shall be authorized to approve minor changes to outside Ordinance 0-15-1954 Page 3 of 4 storage or sales areas designated by this Special Use Permit, so long as the overall intent remains the same in terms of general location, square footage, and impact on adjacent properties. The Director may determine that any changes to outside storage or sales areas warrant an amendment to this Special Use Permit. 2. Outdoor Storage Saecifications c. Bulk Storage Area: Goods stored in this area shall be no higher than eight feet. 3. Screening a. A row of Oakleaf holly bushes shall be installed along Centerpark Drive to screen the outside storage areas. b. The plants shall be six feet in height at time of installation, and planted six feet apart. c. A drip line irrigation system shall be provided. d. Plants that are damaged or die must be replaced immediately. Sec. 5. THAT Ordinance 0-08-1660 shall remain in full force and effect except where 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 ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit Ordinance 0-15-1954 Page 4 of 4 its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. • AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of f Vl&t1 2015. _ .= . ATTEST: CITY OF COLLEYVILLE C : 2' 1 / Am helley, RMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: 00. k Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map r • • 64 t _ y, '- ,, YL,4:,4. h %1Pte{ t E :$S,, } ... ,� i 4` .- ',-�•,�.,,eV' f -,fi g :' , . . "b _ _ po y ' s O ,- �a-�w i,x x 1.,u4z�'s,aY 0..r;,‘„i51-14,,r .v ',,,„�. r w Exhibit "B" - Zoning Exhibit ZONING EXHIBIT—ZC 15-007 SUP Amendment for Outside Display and Storage(4701 Colleyvilte Blvd.) Amendment to Ordinance 0-08-1660 ____ trr7nt...rn_n______ Zoning Designation:CC-2 I _il Illi111111 u UIIIIIIIIIIIIIIIIII� I • I or •. rr�vareaa I' ———— —5,1111.119.2Z- NEW Katsa La ominrm�n �IL TI ——— \ I I P7 -. • P7 I ®e I I \ I IME 1I ; .. usua \ ,A. J I $ J • I \ I loran .,./ ` / f — . 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T 4FSPROnraagEgr uy,3a%ito mo UMW �.,�� landscape Notes �'� � — , � z 6dfrr.17t75t'3I Install anevergreen hedge asascreen around the product loading area on � w.'o.lraida \ ,^ N" `�`, rr,.....a 072030r2 . South side of parking lot facing CeMerparkDrive_ f `, `, °M1° h CKsnt: gPP Proposingtouse6'tail'�tkaPboiliesplantedonErspacing,whichwill � � �,� s �� grawtogedxr and can be maintained as a screen for entire 150'area of ,� `ter �,\ / .. J approved Bulk Storage Area_ 4t , .�rrm. \\ `i 1.-C'i Mom tli6W15 Oa deafhdlfu:sarefastgroxI tol4fttallandaft.wide,andmaybe \ / \ �r�. -a `.' : E inn maintained as a sheared hedgeorkeptnatural. �N` ' \ Vii`. e l ' \ i i 1 Pdor to installation,irrigation wal rherdto be repaired in this area and ,y% mud Med for the new plantitgbed.The bed will contain drip irrigation \ and be top dressed with hardwood muldi fora dean appearance_Existing '� \ des will remain and the bedgewill be planted accordingly. fn....pl�i I