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Home My WebLink AboutOrdinances (Ordinance O-21-2162)-05/18/2021ORDINANCE 0-21-2162 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 5.74 ACRES, BEING LOT 21112A, BLOCK 1, BROWN TRAIL COMMONS WEST, LOCATED AT 4401 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR VETERINARIAN CLINIC SERVICES FOR THE BUSINESS KNOWN AS TOWNE CENTER ANIMAL HOSPITAL; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a veterinary clinic services business Case No. ZC21-011;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 amend the City's zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City's zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City's zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 a Veterinarian Clinic on 5.74 acres, being Lot 2R2A, Block 1, Brown Trail Commons West, located at 4401 Colleyville Boulevard, for the business known as Towne Center Animal Hospital, as depicted on the attached as Exhibit "A". Ordinance 0-21-2162 Page 2 of 4 Sec. 2. 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. 3. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the Veterinarian Clinic business only. Indoor pet boarding will also be allowed. b. The name of the business authorized for Veterinarian Clinic by this Special Use Permit shall be called "Towne Center Animal Hospital". c. The hours of operation are: 8:00am - 6:00pm Monday - Friday; Saturday 8:00am - 12:00pm; and Closed Sunday. d. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. e. All requirements of the Land Development Code shall be met, except where amended herein. 2. LANDSCAPE AND BUFFERING REQUIREMENTS a. Four (4) trees not less than 3 caliper inches in diameter shall be installed in the rear yard of the property, consistent with and in addition to the trees required to be installed in Exhibit "B„ b. A coated, black chain link fence and landscape screening shall be installed surrounding the entire rear exercise yard depicted in Exhibit "B". The foregoing landscape screening shall be an evergreen plant material with a maintained height of not less than four (4) feet and spaced such that there is not more than fifteen percent (15%) open space between individual plants. c. The owner shall at all times comply with the approved landscape plans, including the plans for the landscaped areas along Colleyville Boulevard (SH26) and along the shared driveway with Walgreens. Ordinance 0-21-2162 Page 3 of 4 d. All landscaping shall be properly maintained at all times, and the owner shall be responsible for the prompt replacement of any dead and/or dying landscaping, including, without limitation, all additional landscape buffering and trees required in this ordinance. In no event shall dead or dying landscape material be permitted to remain on the property for more than ninety (90) days. 3. ADDITIONAL EXTERIOR REQUIREMENTS a. The entire business must be conducted within a soundproofed building, except for the outdoor exercise areas. b. Noise and odors created by activities within the building shall not be discernible beyond the property line. c. The front side yard exercise area depicted in Exhibit "B" shall be screened on all three sides with a solid masonry wall constructed of material similar to the primary masonry used on the property and with a minimum height of six (6) feet. d. No animals shall be kept outside the building. Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. Ordinance 0-21-2162 Page 4 of 4 The first reading and public hearing being conducted on the 4th day of May 2021. The second reading and public hearing being conducted on the 18th day of May 2021. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 18TH DAY OF MAY 2021. Mayor Richard Newton Awe Mayor Pro Tern Bobby Lindamood Ave Place 1, Tammy Nakamura Awe Place 5, Chuck Kelley Ave Place 3, Kathy Wheat Awe Place 6, Callie Rigney Ave Place 4, George Dodson AAA ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney C Y OF COLLEYVILLE I Richard Newton Mayor Exhibit "A" - Location and Zoning Map Exhibit "B" - Site Plan Exhibits L 4 LX1'3lllM3ll001S3M SNOVYV400 Iml NMOLS I N00le mz 10l .11lllOtlj AiiVNli1313A MEN T ltllldSOH IVWINV IJBIN3O 3NMOI bhp it°��I I,al w� e a^ Is 111i:ai 1111 UM as Mill • g n .. ,- iweacioxaannm U ♦ I I ii r+n I =-1 I Mpg $ 4 I I I�• 9 9 �fi �"Q it I �li�°� � � �& � �I 7�7�; 1 X�492 3 '• ° 6gq3sa_ggs 1.9 erll � G?t{� t alEy€l ' -' -__ �'.� 'S 7 ° I I I t ° E i� 1, a �;'• ��F� �ill,.t;11Ii, 66 VE09L Xl'SIIIAASIIOO 'q MM SNOWWO'J IIVWI NMOUS L NOOl9 Y da 101 p 8Z AMH ALIIIOVd ALIVNRl313n MEN IVlldSOH IVWINV H31N30 3NM01 { 1 6 U L—i B , I I I P m I I � � I P IV E J K09L X1'3'IIIM39I00 q E L 183M SNOWWOO IIVNl NMO89 L XOOl9 VZMZ 101 pppE 9Z.AH N UIIIDVA ANVNM313A M3N IV1IdSOH IVWINV 2l31N30 3NM01 d Im III j, j gg g g I gg o d; 8 tl$'p 11 "°o ;3I I ° Li !� � s J ILOL9L-lOM3WtltlOJ t I P s UD L:j s E ' e S� p \ d §§U111OV=1AHVNW3AAM3N __ .�S _m§ __•_m__-_�HR | k q 6 «| yip7 li �9@ tl 4f09L %1'3lllN3ll0� q r LsaMUIIIOV:lMlVNMH l 313AM3N ziol lvlldSOH IVWINV 31N30 3NM01 lwzL lONd4 dwl 1 u s bE uih �„ � be by i Yb 83 '$3 88 68 9j K091 R1'3111M31100 �{ EE { 193M SNOWW0011VN1 NMOUS L NOOIS MZ 101 4 w p I j 9i AMH w + o @d !III j4 U111OVd AUVNI'd313A M3N i IV11dSO I IVWINV H31N30 3NMO1 @e �@e ime��ioxauannm !E kill M, z F :@ EE @E Id, ili7 a M IN e LJ