HomeMy WebLinkAboutOrdinances (O-22-2226)-11/15/2022ORDINANCE 0-22-2226
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 1.74 ACRES, BEING LOT 3A1A, 3A2A,
3B1, AND 4A, BLOCK 2, ANDY FELPS ADDITION, LOCATED AT 4201
COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE
PERMIT FOR OUTDOOR DISPLAY OF MERCHANDISE; 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 (SUP) for Outdoor Display of Merchandise for the
business known as Worthington Monuments (Case No. ZC22-
019), located within the CC3 zoning district, as shown on
Exhibit "A" attached hereto; 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 SUP for the outdoor display of merchandise for
the existing business operating as "Worthington Monuments",
subject to the conditions stated herein.
Ordinance 0-22-2226
Page 2 of 4
Sec. 2. THAT the SUP herein granted shall at all times be subject to
the following conditions:
1. OUTDOOR STORAGE OF (MERCHANDISE
Outside display of merchandise shall be allowed in a single
location on the Property (herein, the "Display Area"), subject
to and in compliance with the following special conditions:
a. the Display Area shall be no greater than 306 sq. ft. in
size (9' by 34'), and shall be located generally as
depicted in Exhibit "B";
b. no portion of the Display Area shall be located less than
thirty feet (30') from the nearest (easternmost)
boundary of the SH26 right of way as depicted in Exhibit
., B,,.
c. no more than twelve (12) items of merchandise (e.g.,
monuments and/or headstones) shall be permitted to
be displayed at a time within the Display Area; and
d. the Display Area shall be located entirely behind the
front wall of the existing business (primary retail
building) such that no portion of the Display Area shall
be permitted to extend past the dashed line running
from the front wall of the existing building across the
Property to the northernmost property line, as depicted
in Exhibit "B".
2. Sianage
a. The existing monument sign along the front wall of the
existing building near the primary business entrance
(identified in Exhibit "B" with a blue "X") shall be allowed
to remain in its present location. In the event a new
monument sign is installed anywhere on the Property,
the existing monument sign near the business entrance
shall be removed immediately upon installation of the
new sign.
Ordinance 0-22-2226
Page 3 of 4
b. The existing pole sign on the Property identified with red
"X" in Exhibit "B" shall be removed in its entirety on or
before May 15, 2023.
3. General
a. This Special Use Permit (SUP) is subject to the existing
business continuing to operate under the name
"Worthington Monuments".
b. The SUP shall automatically expire upon the occurrence
of any one or more of the following:
(i) the abandonment or closure of the business;
(ii) any change in use in the business or Property;
(iii) any change in ownership of the current tenant
operating as "Worthington Monuments" (for
purposes hereof, a change in ownership will be
deemed to occur if the person or persons who
own or have voting control of more than 50% of
tenant cease to own or have voting control of
more than 50% of tenant); or
(iv) upon the expiration or termination of the current
Certificate of Occupancy for the business.
c. Except as expressly provided otherwise in this SUP, the
Property shall comply with all requirements of the Land
Development Code, as previously amended.
Sec. 3. 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. 4. 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.
Ordinance 0-22-2226
Page 4 of 4
Sec. 5. 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. 6. 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.
The first reading and public hearing being conducted on the 1st day of
November 2022.
The second reading and public hearing being conducted on the 15th day of
November 2022.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH
DAY OF NOVEMBER 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tern Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
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