HomeMy WebLinkAboutOrdinances (O-10-1752)-06/15/2010ORDINANCE 0-10-1752
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN
AUTO REPAIR SHOP ON LOT 1, BLOCK 1, HIGHWAY 26 INDUSTRIAL ADDITION;
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 of Colleyville has received an application for rezoning under Case
No. ZC10-007; 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; 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
Ordinance 0-10-1752
Page 2 of 4
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 of
approximately 2.0 acres on Lot 1, Block 1, Highway 26 Industrial Addition,
depicted on the attached Exhibit "A" and 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 apply only to Building B, as shown on the
Zoning Exhibit attached as Exhibit "B".
b. The hours of operation shall be Monday through Friday from 7:00 a.m.
to 7:00 p.m. and Saturday 8:00 a.m. to noon.
c. Overnight parking of vehicles shall be allowed outside the building,
provided that the vehicles are parked to the rear of Building B, as shown
on the attached Exhibit "B". Vehicles such as boats, recreational
vehicles and trailers shall not be parked or stored in the outside parking
area.
d. All vehicles waiting for repair shall be parked to the rear of the building.
e. No storage of parts or containers shall be allowed outside the building.
f. All repair work shall be done inside the building.
g. Work shall not be performed on any vehicle larger than a 2-ton pickup
truck.
h. No vehicles for sale shall be parked in front of the building adjacent tc
Colleyville Boulevard.
Ordinance 0-10-1752
Page 3 of 4
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.
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.
The first reading and public hearing being conducted on the ls~ day of
2010.
e econd reading and public hearing being conducted on the /~ day of
~~~ 2010.
CITY OF COLLEYVILLE
~inthia Singleton, TRMC, CMC
City Secretary
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David Kelly
Mayor
Ordinance 0-10-1752
Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
1
Matthew C. G. Boyle
City Attorney
Exhibit "A" -Location and Zoning Map
Exhibit "B" -Site Plan
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