HomeMy WebLinkAboutOrdinances (O-09-1705)-01/20/2009ORDINANCE 0-09-1705
AN ORDINANCE AMENDING ORDINANCE 0-04-1474 CONDITIONS; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-95-987 on April 18, 1995, to
establish the zoning of 21.299 acres out of the M.W. Davenport Survey,
Abstract 432; The J.N. Gibson Survey, Abstract 591, Tracts 4A3, 4A1, ',
4A36 and the Robert Chowning Survey, Abstract 294, Tract 1 E and a
portion of Tract 1; and
WHEREAS, the City Council approved Ordinance 0-04-1474 on August 17, 2004,
amending Ordinance 0-95-987 to permit CC-1 and CC-2 zoning district
uses, except for restaurants with drive-through services and all
convenience stores, on Block 11, of the Longwood Estates at Ross Downs
Addition; and
WHEREAS, the City of Colleyville has received a request for an amendment to
Ordinance 0-04-1474, under Case Z-08-016; 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
Ordinance 0-09-1705
Page 2 of 3
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
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 O-
04-1474.
Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of
approximately 7 acres of the Longwood Estates at Ross Downs Addition,
depicted on the attached Exhibit "A" labeled as Location and Zoning Map.
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
PERMITTED USE
Restaurants with drive-through services, allowing for a coffee shop
use only, shall be permitted in the north most leasing space of the
existing building on Lot 2, Block 11, of the Longwood Estates at Ross
Downs Addition. Drive-through operations shall only occur along the
northern wall.
Sec. 5. 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. 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.
Ordinance 0-09-1705
Page 3 of 3
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 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.
Sec. 10. THAT Ordinance 0-04-1474 shall remain in full force and effect, except
where amended by this ordinance.
AND IT IS SO ORDERED.
Th first reading and public hearing being conducted on the ~! --=` day of
2009.
h second reading and public hearing being conducted on the o~D~ day of
~/h~111Jf~~ 2009.
U
ATTES CITY OF COLLEYVILLE
~--~
C nthia Sin leton, TRMC, CMC David Kell
Y 9 Y
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit "A" -Location and Zoning Map