HomeMy WebLinkAboutOrdinances (O-12-1824)-02/21/2012ORDINANCE 0-12-1824
AN ORDINANCE AMENDING ORDINANCE 0-04-1472 CONDITIONS; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; AUTHORIZING A SPECIAL USE
PERMIT FOR OUTSIDE VEHICLE SALES ON LOT 1R, BLOCK 1, NYSTEL
ADDITION; 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 Council approved Ordinance 0-04-1472 on August 4, 2004, to
establish the a Special Use Permit on Lot 1R, Block 1, of the Nystel
Addition; and
WHEREAS, the City of Colleyville has received a request for an amendment to
Ordinance 0-04-1472, under Case ZC11-028; 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
'~, i 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
', i 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 chara~fer 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
Ordinance 0-12-1824
Page2of3
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 ~rdinance of the City of Colleyville,
Texas, is hereby amended by amending Ordinance 0-04-1472 conditions
on Lot 1, Block 1, of the Nystel Addition as depicted on the attached Exhibit
«A„
Sec. 3. THAT the above described tract of land shall be subject to the following
conditions:
'I C~FNFRAI
a. Section 1(a) of Ordinance 0-04-1472, is hereby amended to include
outside vehicle sales.
b. Vehicle sales are hereby permitted by this Special Use Permit
amendment.
c. There shall be no overnight outdoor parking of inventory.
d. There shall be no additional signage on the subject property.
e. Delivery trucks shall not idle or have on lights after business hours.
f. This Special Use Permit amendment and Ordinance 0-04-1472 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.
g. All requirements of the Land Development Code shall be met, except
where amended herein.
Sec. 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
Ordinance 0-12-1824
Page 3 of 3
terms of this ordinance shail 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'I
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.
Sec. 9. THAT Ordinance 0-04-1472 shall remain in full force and effect, except
where amended by this ordinance.
AND IT IS SO ORDERED.
~
T e fi st reading and public hearing being conducted on the ~ day of
2012.
Th second reading and public hearing being conducted on the ~/ ~ day of
2012.
ATT T: CITY OF COLLEYVILLE
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Cynthia Singleton, TR , CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
„'~~~~ `j-~' (~
Matthew C. G. Boyle
City Attorney
Exhibit "A" - Location and Zoning Map
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