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HomeMy WebLinkAboutOrdinances (O-08-1702)-12/16/2008ORDINANCE 0-08-1702 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.9 ACRES ON LOT 1, BLOCK 1, METROVEST ADDITION, FROM THE CN-NEIGHBORHOOD COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; 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 rezoning under Case No. Z-08-023; 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 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 0-08-1702 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 of 1.9 acres on Lot 1, Block 1, Metrovest Addition from the CN-Neighborhood Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in 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. The purpose of this PUDC is for retail and office uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN a. The development of this property shall be generally consistent with site plan attached as Exhibit "B" 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. Uses allowed in the CN-Neighborhood Commercial zoning district 2. Antique Stores 3. Apparel and Accessory Stores 4. Arts and Crafts and Hobby Shops 5. Bicycle Shops Ordinance 0-08-1702 Page 3 of 4 6. Books/Stationary/Greeting Card Shops 7. Camera or Music Stores 8. Chiropractic Clinics 9. Dance Studios/Martial Arts Studio 10. Optometrists Office 11. Physician's Office or Dentist's Offices b. The following land uses shall be prohibited within the Planned Unit Development: 1. Food and/or beverage sales of any kind 2. The sale of any motorized transportation including but not limited to: motorized scooters and bicycles, miniature motorcycles, go- carts and any other motorized apparatus designed to transport a person. 4. HOURS OF OPERATION a. The hours of operation for all businesses allowed by this ordinance shall be as follows: Monday -Sunday: 7:00 a.m. - 8:00 p.m. 5. OTHER a. Any alterations to the layout of the building and/or parking shall adhere to the attached Exhibit "B". b. Any alterations to building height and articulation, lighting along the rear of the building, dumpster location, screening and landscaping, access to the property and drainage shall require an amendment to this ordinance. c. This property shall meet all of the requirements of the Land Development Code and Code of Ordinances, 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. Ordinance 0-08-1702 Page 4 of 4 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. first reading and public hearing being conducted on the ~ day of ~e..CP/~-y-r G~iC~ 2008. T e second reading and public hearing being conducted on the '^- day of ~- ~~ r~~~-,/~~ 2008. ATTEST• CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: ,~~~~ ~' ~ Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map -.~ 9 AG 5 1324:_; cT328=1 EXHIBIT "B"-Site Plan ~~~ x ~~ <,. .4.