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HomeMy WebLinkAboutOrdinances (O-10-1744)-03/03/2010ORDINANCE 0-10-1744 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2A, BLOCK 1 OF THE D&W ADDITION LOCATED AT 6800 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR VEHICLE SALES AND A PAINT AND BODY SHOP; 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. ZC09-018; 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 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. Ordinance 0-10-1744 Page 2 of 4 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 vehicle sales and a paint and body shop on Lot 2A, Block 1, of the D&W Addition located at 6800 Colleyville Boulevard, as depicted on the Location and Zoning Map, attached as Exhibit "A" and the Site Plan, attached as Exhibit "B". 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 vehicle sales and a paint and body shop as depicted in Exhibit "B". b. The hours of operation shall be Tuesday through Saturday from 10:00 a.m. to 6:00 p.m. c. An eight (8) foot wood or masonry screening fence shalt be constructed and maintained along the entire length of the rear property line prior to the issuance of the certificate of occupancy. d. There shall be no vehicles or accessories displayed or showcased outside of the building. e. There shall be no more than two (2) enclosed trailers for shipping and transporting of vehicles to be stored at the rear of the subject building. f. The front facade of the building shall be generally consistent with attached Exhibit "C". g. The gate located between the front line of the building and the northern property line shall be generally consistent with the attached Exhibit "D". Ordinance 0-10-1744 Page 3 of 4 h. The parking lot shall be paved with an all-weather surface as required by the Land Development Code where it is currently unpaved, or earth is exposed, prior to the issuance of the certificate of occupancy. i. Upon any change to the original certificate of occupancy granted to the' business allowed by this ordinance, this special use permit shall ~ become null and void. j. 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. AND IT IS SO ORDERED. Y~ day of The first reading and public hearing being conducted on the /~ ,, ,~ ~jL,~~ 2010. The second reading and public hearing C 2010. being conducted on the. -~ day Ordinance 0-10-1744 Page 4 of 4 ATTES Cynthia Singleton, TR C, 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 _~~ =_f= ~.~ -_- ~:, ~,_ ,, r,i(< V ~ SY1Sy - ~~~ -- ~ ~ ,. ~~~Li-~-_~ - / i' ~J,,~i ~- PUDR = ' ~ ~7~~1 ~ .r /' ~1~ ~ _ ~ ~ ~~ C CC.2 -. ~• _ ~ -. .~o- ~~11 _ ~~ ~ ~~ ~ -~ ~ ~~1 #_ , , ~ - x ~Gfl7 - ' _ -_ _ ~( 1~ ~` =- - ~.- _ - ~ _- - ~ ~` s~ ~r PUDC ~= ` -- y r - • _ ~~ ~~ ~, -~ ~~_ Exhibit "B" -Site Plan ALPfi!~ Motors At~El~ Motors Exhibit "C" -Front Elevation Exhibit "D" -Gate Detail .. ~'