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Home My WebLink AboutOrdinances (ORDINANCE O-17-2010)-05/02/2017 ORDINANCE 0-17-2010 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON LOT 2R, BLOCK 1, OF THE NYSTEL ADDITION, LOCATED AT 1821 JOHN MCCAIN ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR AUTOMOTIVE AND MOTOR VEHICLE SALES; 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 a Special Use Permit for Automotive and Motor Vehicle Sales under Case No. ZC17-004; 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 Ordinance 0-17-2010 Page 2 of 4 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 authorizing a Special Use Permit for Automotive and Motor Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located at 1821 John McCain Road, 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. Only vehicles for sale shall be stored on the subject property. b. The delivery of vehicles by tractor-trailer to the property shall be restricted to the hours between 9: 00 a.m. and 3: 00 p. m., Monday through Friday. c. Delivery trucks shall not idle or have on lights after business hours. d. There shall be no additional signage on the subject property. Ordinance 0-17-2010 Page 3 of 4 e. Automobile repair and service, as defined by the Land Development Code, shall be prohibited. f. Within 18 months of approval, landscaping shall be provided in the right-of-way adjacent to the property. Shrubs shall be provided such that one eighteen inch or five-gallon plant shall be planted for each five (5) feet of street frontage. g. Other than landscaping, the subject property shall be permitted to remain in its current state without additional improvements. h. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership, other than A&L Imports, or upon the expiration or termination of the Certificate of Occupancy. i. All requirements of the Land Development Code shall be met, except where amended herein. 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. Ordinance 0-17-2010 Page 4 of 4 The first reading and public hearing being conducted on the 18th day of April 2017. The second reading and public hearing being conducted on the 2nd day of May 2017. PASSED AND APPROVED BY A VOTE OF (p AYES, ( NAYS, AND 0 ABSTENTIONS ON THIS THE 2ND DAY OF MAY 2017. Mayor Richard Newton I�tjc Mayor Pro Tern Chris Putnam ASG Place 1, Tammy Nakamura kr_ Place 5, Nancy Coplentoc-- Place 2, Bobby Linda mood pdtt Place 6, Mike Taylor Place 4, Jody Short ite TTEST: OF COLLEYVILLE Am .helley, RMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: 'hitt . V yatt City Attorney Exhibit "A" - Location and Zoning Map • W IS 7209 1 7212 O• I 7207 7208 7209 n, 7200 7208 OC CO 72 7205 7205 aW 7203 7204 a -PUD-- 7204 R-20 a I PUD-R lE 7201 721 05 1809 1813 nE 1908 AG 7200 7200 2100 C 2009 , ,' 0 ! - 2000 JOHN MCCAIN • 1L Vicinity Map ±. ',, ZC17-004 €a sii CO L Y1 LLE 1821 JOHN MCCAIN ROAD }'11� ' ' %= VitrilIZAltrigwAor 11 llir E , Subject Property AG A riculfural T'a1i 1 ., `CC-2 Sho in Center ,elle• alkii {..J Shopping �L� I�'��1r ' ML Light Manufacturing . `1 11 1.11D-R Planned Unit Development,Residential "' tt-', jl^ j�`, 1 inch=123 feet R-20 Single Family Residential(20.000 sq.ft.min) 14