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HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2052)-07/25/2018ORDINANCE 0-18-2052 AMENDING ORDINANCE 0-10-1769 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 0-10-1769 on September 21, 2010, to establish the zoning to allow for a Package Store use and secondary uses to include restaurant and catering, wholesale warehousing and distribution of liquor, and office/customer education and training for Lot 1RA2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard; and WHEREAS, the City of Colleyville has received a request for an amendment to Ordinance 0-10-1769, under Case Z-18-017; 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, and 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 Ordinance 0-18-2052 Page 2 of 4 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 changing the zoning on Lot 1RA2, Block 1, of the Tropicana Fuels Addition, located at 7101 Colleyville Boulevard, from the PUD-C Planned Unit Development -Commercial Zoning District to the PUD- C Planned Unit Development -Commercial Zoning District, as depicted in the attached Exhibit "A". THAT the above described tract of land shall be subject to the Sec. 3. following conditions: 1. General a. The following amendments to Ordinance 0-10-1769 are hereby authorized: i. Section 4.1.c of Ordinance 0-10-1769 is hereby amended to revise the square footage maximum for the Restaurant and Catering use from 1,500 square feet to 2,400 square feet. ii. Ordinance 0-10-1769 herby remains valid and all provisions of Ordinance 0-10-1769 shall remain in full force and effect except where amended herein. Sec. 4. Ordinance 0-18-2052 Page 3 of 4 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. 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 2nd day of July 2018. The second reading and public hearing being conducted on the 17th day of July 2018. Ordinance 0-18-2052 Page 4 of 4 PASSED AND APPROVED BY A VOTE OF - AYES, A NAYS, AND ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018. Mayor Richard Newton Mayor Pro Tern Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney✓ Place 4, George Dodson "Co - ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED TO FORM GALITY: Whitt L. Wyatt City Attorney Exhibit "A"- Zoning Map 7208 7207 7204 7204 7203 7200 7200 7001 7201 7131 7171 7004 \ 7101 772208212 7000 2213 2217 PUD-C 7009 ZC18-017 COLL�EYVIL1 7101 Colleyville Boulevard DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Coffeyville. Any use or reliance on this map by anyone else Is at that party's risk and without liability to the City of Colleyvllle, its officials or employees for any discrepancies, errors, or variances which may exist. QSubject Property 2300 2302 2304 6910 PUD- STILL POINT LANE �-1 2303 2301 6916