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Home My WebLink AboutOrdinances (O-08-1666)-03/11/2008DENIED MARCH 11, 2008 ORDINANCE 0-08-1666 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 0.47 ACRES OUT OF THE B.B.B. AND C. RY SURVEY, LOCATED AT 4917 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A CHARITABLE DONATION STATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE- RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an .application for a rezoning under Case No. Z-08-003; 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 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 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 Ordinance 0-08-1666 Page 2 of 4 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 changing the zoning on 0.47 acres out of the B.B.B. and C. Ry Survey located at 4917 Colleyville Boulevard, by authorizing a Special Use Permit for a charitable donation station, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and is described in the attached Exhibit "B", labeled Legal Description. 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 Goodwill Industries charitable donation station on the subject property. b. The building elevations, landscaping and general site layout for this use shall adhere to the renderings depicted on the attached Exhibit "C", labeled Site Plan. c. The existing awning structures not attached to the main structure on this property shall be removed prior to the issuance of the certificate of occupancy for the charitable donation station. d. There shall be a minimum of eight (8) parking spaces provided for the charitable donation station. e. There shall be no overnight parking of any tractor-trailers or trailers on the property. Ordinance 0-08-1666 Page 3 of 4 f. There shall be no outside storage of any items on the property. g. Donated items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. h. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. i. 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. 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 day of 2008. The second reading and public hearing being conducted on the day of 2008. Ordinance 0-08-1666 Page 4 of 4 DENIED MARCH 11, 2008 ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Legal Description TO THE LIENHOLDERS AND/OR OWNERS AND PURCHASERS OF THE PREMISES SURVEYED AND LAWYERS TITLE INSURANCE CORPORATION: This is to certify that I have, this date, made an 4917. Colleyville Boulevard in the City of Colleyville, on the ground survey of the property located on Texas, described as follows: BEING a 0.47 acre tract of land situated in the B.B.B. & C. RR. Co. Survey. Abstract No. 206, in the City of. Colleyville, Tarrant County, Texas, and being the remainder of a tract of land conveyed to John R. Looney by deed recorded in Volume 6770, Page 2283, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING,at o 1/2 inch iron rod found for the southeast corner of said Looney tract, same being the northeast corner of Lot 3, Block 3, of the Village Park Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 1264, of the Plat Records of Tarrant County, Texas, same being the southwest. corner of the remainder of a tract of land conveyed to Jno E. Thompson by deed recorded in Volume 7274, Page 82,~ of the Deed Records of Tarrant County, Texas; THENCE North 81 .deg. 30' min. 25 sec. West, along the common line of said Looney tract, and said Lot 3, a distance of 195.81 feet to a TXDOT monument found for corner. said point being the southwest corner of the remainder of said Looney tract, same being the northwest comer of said Lo 3, same being the southeast corner of a right-of-way dedication by deed recorded in Document No. 0206379370, of the Deed Records of Tarrant County, Texas, same being in the east right---of-way line of Colleyville Boulevard (Highway 26); THENCE North 33 deg. 23 min. 59 sec. East, along the common line of the remainder of said Lot~nsy tract, and the east right-of-way line of said Colleyvitle Boulevard, and said right-of-way dedication, a distance of 90.69 fect to a point for corner, said point being the beginning of a curve to the left having a radius of 2928.79 feet, and a delta angle of 00 deg. 49 min. 44 sec.; THENCE along9 the common Tine of the remainder of said Looney tract, and the east right-of-way line of said Colleyvills Boulevard. and said right-of-way dedication, and along said curve to the left, do arc distance of .42.37- feet, and a chord bearing and distance of North 33 deg. 23 min. 59 sec. East, 42.36. feet to a -point for corner, said point being the northeast corner of said .right-of-way dedication, some being .the northwest corner of remainder of said Looney tract, same being the southeast .intersection of the east right--of-way Itne of said Colleyville Boulevard, and the south right-of-way line of Old Glade Road; THENCE North 90 deg. 00 min. 00 sec. East, along the common line of the remainder of said looney tract. and the south right-of-way line. of said Old Glade Road. a distance of 120.42 feet to a point for corner from which a "X" cut in concrete found bears North 00 deg. 00 min. 00 sec. East. 0.22 feat, said point being the northeast corner of the remainder of said Looney tract, same being the northwest comer of the remainder of said Thompson tract; THENCE South 00 deg. 00 min. 00 sec. West, along the common line of the remainder 'of 'said Looney tract, and the remainder of sold. Thompson tract, a distance of 140.00 feet to the POINT OF BEGINNING and containing 20,242. square feet or 0.47 acres of computed land.. Exhibit "C" -Site Plan rn ~ ~ ,- °ou ~ ' m ~ ~. ~ O 3~ C pj ~ ~ i a ~ , ~ i' rn k ~ z ~ ~ ~ ` ~ ~ ~ ~ O j. -ry z F ,. ~ r ~ ~, ~ ~ r 1s r Y ? ~ ~ ~ - r V m a ~ ~ ~ , ~ - ~ ~ ° ,~+ ;: m ri ~ ~l ~.~ ° f ~ ~~ .~~,£ ~~i vA -r ~ ~a t,t1 ~ _~ ~) ~ ~G: i- ~~,~ - ~, I !_ I g I its : v, +,~ I ~ C~ f t - . j - ~f ~~~ . ,. - = S~~~l ~~f ~ ~ F~ ~ ~ ~ 3$ ~ ~s+~ ~t~ ~ i~ t x ~~~ v ~~ r ~ ~ ~~ 9 I~~j l ~ ~ ~A_ - ii ~ l . a ~ ~ ~. ~. ~- E' ~