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HomeMy WebLinkAboutOrdinances (O-12-1854)-09/18/2012ORDINANCE 0-12-1854 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 3, BLOCK 1 OF THE PONCE ADDITION LOCATED AT 1803 TARRANT LANE, SUITE 130, BY AUTHORIZING A SPECIAL USE PERMIT FOR AUTOMOTIVE AND MOTOR VEHICLE SALES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR IN7UNCTIVE 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 under Case No. ZC12-018; 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 I view to conserving the value of buildings and encouraging thel most appropriate use of land throughout the City; and ; WHEREAS, the Planning and Zoning Commission of the City of Colleyvillej 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 for rezoning' Ordinance 0-12-1854 Page 2 of 4 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 authorizing a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 130, as depicted on the attached as 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 only apply to the use of automotive and motor vehicle sales as depicted in Exhibits ~~B" and "C" for 1803 Tarrant Lane, Suite 130. b. The hours of operation shall be Wednesday through Saturday from 12:00 p.m. to 6:00 p.m. or by appointment. c. There shall be no vehicles stored, parked, displayed, detailed, or repaired outside of the building. Ordinance 0-12-1854 Page 3 of 4 d. The 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. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec.S. 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 necessaryi that it be given the above zoning classification in order to permit its ro er develo ment and in order to rotect the ublic interest p p P p P , 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 4th day September 2012. The second reading and public hearing being conducted on the 21St day September 2012. PASSED AND AP R VED by the C'ty Cou cil of t e City Colleyville, Texas, on this the day of 2012. Ordinance 0-12-1854 Page 4 of 4 ATTES~: nthia Singleton, TRM , ,-CMC y Secreta ry ~ CITY OF COLLEYVILLE ~~lJ /~~ ~'`~-~ - David Kelly Mayor I, APPROVED AS TO FORM AND LEGALITY: ~~~(~ l~ • ~ ~ Matthew C. G. Boyle ~ City Attorney Exhibit ~~A" - Location and Zoning Map Exhibit ~~B" - Statement of Planning Objectives Modena Exotics will sell cars online. Al! inventories will be haused inside the certain Office/Retail area numbered 130 at 1803 Tarrant Lane Calleyville, Texas. All vehi~les will be rr~arketed and sald thraugh mu3tiple onlir~e companies and wi!! nat be displayed for sate outside o€ the building. AI1 general malntenance ta vehicles will be done an5ite including: 1. Wheel and Tire Remaval 2. 8rake inspectiv~s and replacement 3. Detailin~ of vehicles i'his building will also act as storage for aur personal vehicl~s and personal use as well. Exhibit ~~C" - Site Plan