HomeMy WebLinkAboutOrdinances (O-13-1862)-01/15/2013 ORDINANCE 0-13-1862
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT
8A, BLOCK 1 OF THE THOMPSON TERRACE SUBDIVISION LOCATED
AT 5117-B COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL
USE PERMIT FOR A CHARITABLE DONATION STATION; 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. ZC12-027; 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
Ordinance 0-13-1862
Page 2 of 4
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.
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 a charitable donation station
on Lot 8A, Block 1, of the Thompson Terrace Subdivision located
at 5117-B Colleyville Boulevard, as depicted on the attached as
Exhibit "A".
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
Goodwill Industries charitable donation station on the subject
property.
b. There shall be no overnight parking of any tractor-trailers or
trailers on the property.
c. There shall be no outside storage of any items on the property.
Ordinance 0-13-1862
Page 3 of 4
d. Donated items shall not be placed outside of the building at
any time and must be stored within the building immediately
upon drop-off.
e. There shall be no donation kiosks or other related donation
structures independent of the main structure located on this
property.
f. 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 for the approved use.
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 8th day of
January 2013.
Ordinance 0-13-1862
Page 4 of 4
The second reading and public hearing being conducted on the 15th day of
January 2013.
PASSED AND APTROVED by the City Council of the City of Colleyville, Texas,
on this the f -- day of J f n( 4r j 2013.
ATTEST: CITY OF COLLEYVILLE
Amy‘-'4' elley David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
.i\NN '. (k.,
Matthew C. G. Boyle
City Attorney
Exhibit "A" - Location and Zoning Map
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