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HomeMy WebLinkAboutOrdinances (O-10-1745)-04/06/2010ORDINANCE 0-10-1745 AN ORDINANCE AMENDING ORDINANCE 0-96-1053 AND 0-99-1146 AND 0-00- 1258 CONDITIONS, AND AUTHORIZING THE ADDITION OF A STATE INSPECTION STATION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-96-1053 on December 3, 1996, to establish the zoning of 4.3057 acres out of the I. Carodine Survey, Abstract 356, Tract 1 and a portion of Tract 2, McNary Acres; and WHEREAS, the City Council approved Ordinance 0-99-1146 on March 2, 1999, amending Ordinance 0-96-1053 by incorporating the sale of alcoholic beverages for on-premise and off-premise consumption; and WHEREAS, the City Council approved Ordinance 0-00-1258 on December 13, 2000, amending Ordinances 0-96-1053 and 0-99-1146 by incorporating a restaurant with drive-through service; and WHEREAS, the applicant has requested an amendment to Ordinances 0-96-1053 and 0-99-1146 and 0-00-1258 to authorize a state inspection station use, under Case ZC10-001; 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, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the Ordinance 0-10-1745 Page 2 of 4 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. 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 Ordinances 0-96-1053 and 0-99-1146 and 0-00-1258 regarding authorizing the use of a state inspection station. 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 Lot 1, Block 1, of the Atlantic Oil and Gas Addition as depicted in the attached Exhibit "A" and Exhibit "B". Sec. 4. THAT the above described tract of land shall be subject to the following amended conditions: 1. GENERAL a. The purpose of this amendment is to allow for a vehicle state inspection station use on Lot 1 only. b. Any vehicle repair allowed per State requirements for vehicle inspection stations shall be allowed for this facility except that any repair requiring the overnight storage of any vehicle on any property, including the subject property, shall be prohibited. c. The state inspection station shall be located in the existing 1,17 i square foot car wash structure located behind the conveniencE store and shall not be expanded. Ordinance 0-10-1745 Page 3 of 4 d. The hours of operation shalt be Monday through Sunday from 8:00 a.m. to 6:00 p.m. e. Prior to the business opening, a minimum eight (8) foot wood or masonry screening fence shall be constructed and maintained along the entire length of the rear property line where adjacent to residential zoned or used properties. Prior to the business opening, a minimum 20 foot wide landscape buffer shall be installed and maintained along the entire length of the rear property line where adjacent to residential zoned or used properties and contain live plant material of the evergreen variety, which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. g. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended herein. 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. 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. Ordinance 0-10-1745 Page 4 of 4 Sec. 10. THAT Ordinances 0-96-1053 and Ordinance 0-99-1146 and Ordinance 0-00-1258 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 23''t0e day of I' 2010. / readin and ublic hearin bein conducted on the ~ day of T econd g p g g 2010. 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 ~ ~.: E ~~ :~ { .p '_'}.a+ _'t~7~V r.a I '~~~ rte}-° gt~~4 rwC ~ ,~- ~~~ ~.-~ ryas ~. ~~ ~'U~~ ~~~ .-~:~ 'i~=0 ~ C.3l~ ' ~.SsB S7ti~ Silk a ~~ ~~~ ~~~ :i::~ ^_#Lv t6 :k'~§ ~~~~ ~~~~ z,~gr ~~~ ~ ~ r ~ aa~ ~,,, ~ •~.x ~ +~ :~ .~:.. ~~ ~ ? __ ~ ~ ~ ~Gb `, ~~,at ~„ ~~ ~~ ~ 1.^1s ~~ ~ ~eTi~ PU~~ ~~`~~ ~ r.~a~ ;11iT_~ ~ ~ tt~ `~1.. a ~~., a ~~~ Exhibit "B" -Site Plan 1 ~ ~, ".,~ .. __. •, ~ 1 _ _ ~ 4~ x~~ St Jf ~~ ~, }. +t ~ , r /:.,. ., ...2 ~. ,?„ , . f ~ _~ ~ _. _ ,. ,. - ~ ~~_, ~ ~~. ~ ~ ' ~~ ,. i,~ ~, ~ ~~ ~ 1. . ._ _. .r~ ~; ~ :~~,; _--~ - -~ -~-~ a ti `'' .~.' --