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HomeMy WebLinkAboutOrdinances (O-10-1747)-04/20/2010ORDINANCE 0-10-1747 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 3, BLOCK 2 OF THE FAIRWAY ADDITION LOCATED AT 8300 PRECINCT LINE ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A SECOND HAND GOODS 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. ZC10-004; 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 0-10-1747 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 the approval of a Special Use Permit for a second hand goods shop on Lot 3, Block 2, of the Fairway Addition located at 8300 Precinct Line Road, as depicted on Exhibit "A" and Exhibit «C„ 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 a second hand goods shop as described in Exhibit "B" and the business shall only be allowed within Suite 114 of the existing building on the subject property. b. The second hand goods shop shall be permitted to sell men's and women's fashions and fashion accessories. c. The second hand goods shop shall also be permitted to sell, in one-third of the lease space, household furniture and household accessories. d. There shall be no outside display of any merchandise on the subject property. e. Donated and purchased items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. f. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. g. The gross floor area of the business authorized by this Special Use Permit shall not exceed 1,813 square feet. Ordinance 0-10-1747 Page 3 of 4 h. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. i. 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. ~ .. _, The ' st reading and public hearing being conducted on the _~____ day of 2010. The s and reading and public hearing 2010. ATTEST /~ ~ o-r~ ynthia Singleton, TRMC, C City Secretary being conducted on the a.?,y~ day of CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-10-1747 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: V J . ' ?'~ .•~1~ Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 8~,t fS~CS 67Q~ 6TuC ~~~ ~ 0721 ~~C~~ ~*~bL.i 9171 ~~ Et7~'~s ~'7Q~. 6744 ~~7,v~J 6~1 ~:1C~ =7C~'~ 67F31 670k7 ~t38 c~+:;0 ~?1' 671.11 S31J X11 6b10 ~t~ /1 f'1 tr7 ~1~~ 67 6513 83~'Jd ti ~f~~-- _ 6nC7 660& Sf~$ ~ 1401 ~C ~, ~~ ~;~~0~ 6h~ ~ ~~ 66}5 9f14" ~3Ct1 6618 66412 1CUO ~`~ 1 81 ?. 6613 ~.:Pa01 r5~? 6x24 65 6525 652 1101 66 fl 6521 652{3 &521 65i6 - `_, _, i 6 651••6 65'17 :6512. - ~ 12 6518 6512 8513 65{38 _ ~ 65R~9 65CkB 650 E5{}~ _ 8 ~ ~ 65€35 6FE 6585 65(7[1- f _ ~p 65+D1 ~"'~ 65C~"~ ~..~/ 611 642{3 ._ •_-12;1 6421 7 6421 6`11+8 ~ __ ~ ~~-11!6 X17 6416 617 6412 f-112 f413 641'2 ~1~ 64118 64118 Exhibit "B" -Statement of Planning Objectives ~rry .~r~rolrlt 691~~ ,~7trsxtl Lra~re C"ollea~~ifle Tet~rs, 76113 8~ ~ 91 ~ 92I3 L7ear Ct}• C3f+~cslle;~~i11e I ha+.~c leased asul applied fcsr an occupancy permit fos~ ~ retail t~•sasnen s clothis~ assd acoessocv store located at 834 Precinct .ine Rd E1tsr Uusine_s p~ is to provide new upscale ladies fashions and accessories supplemented ~,t~ith hgls end consi~xtents. The ,s omen of-our communit;~r need an outlet: for the Niels end cloths that are purt:hased and ne~,•er'a:~sn,. Hours of operation. s~ib~ect to clsauee to meet the rseeds of our customers are Monday thru t~'ednesday IQam to Spm ; Thursda~,~ lUasu to 3pm.. Friday SOam to Spm grid Saturday-, Sundae 12 to ~pru. It is pair intent to emplo~y~ I full acid 3 pact time people to start and to adjust staff resluirements as the market dictates. $usssess +.vill be operated as a Lssriited Liablit~• cor~oratson .'~~u'e have. already received ous• )rIN. If there are any additianal sluestions please do sssat ileitate to call sac- email sire. Respectfitll;t Submitted r'imv :~arsoldt Massy Closet C ons~neat Exhibit "C" -Site Plan Mc©onwei( School Road' Precinct Line Road