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Home My WebLink AboutOrdinances (O-94-972)-11/15/1994 ORDINANCE 0-94-972 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIALZONING MAP AND CHANGING THE ZONING OF A 2526 SQUARE FOOT AREA OF THE SOUTHWESTERN CORNER OF THE EXISTING MASONRY BUILDING LOCATED ON LOT 1, BLOCK 1, MARKET ADDITION, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE CC (COMMUNITY COMMERCIAL) DISTRICT TO CC (COMMUNITY COMMERCIAL) WITH A SPECIAL USE PERMIT FOR THE PURPOSE OF ALLOWING ALCOHOL SALES IN A RESTAURANT SETTING; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Peter Incaviglia for Inky's Sports Cafe on October 7, 1994 under Case No. S-94-005; and. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as a 2526 square foot lease tract at the southwest corner of an existing one story masonry building located on Lot 1. Block 1, Market Addition in the City Of Colleyville, Tarrant County, Texas, according to a plat recorded in Volue 388-191, Page 40, Tarrant County Deed Records, by changing the zoning of said property from the CC district to the CC Ordinance 0-94-972 page 2 of 8 district with a Special Use Permit for the sale of alcoholic beverages in a restaurant setting, together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council, which are incorporated herein by reference including, but not limited to: those statements set forth in the statement of planning objectives from the applicants dated September 26, 1994 which is Attachment 1 to this ordinance; and the site plan for development of the above designated property which is Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the I gt}. day of .DttD b-e ( , 1994. The second reading and public hearing being conducted on the ~ day of Nov~ VV\.b{( ,1994. T~e third reading and public hearing being conducted on the JS~ day of ~\Itw.1l( , 1994. ATTEST: liL.. .j)~ ~,CMC City Secretary CITY OF COLLEYVILLE APPROVED AS TO FORM AND LEGALITY: 7 .'\1 1;- 7 7ks Ross T. Foster City Attorney Ordinance 0-94-972 page 3 of 8 "~' . ' .'. "1 ! , ..'! I . - .' ,- ) IN ,. 31' (,ai' ;', . , -, , . 12 'J GL Q; .. . . . R~ . "1 , ~ 't ~ '" " '~ ~ <-4.,..,... ," I-~~ Iv. f ) '\/ , '4 .. ... ~ 'J ," ~. .';"~:.J,-&J f V1Li.:.A~. \.I . - '-- 4 . .0 -. SU PARK , , Co 'If ~~~ ~i~i ~i ;~ t:- I :J--- L _ J..... . " , cc ". '.- ~. EXHIBIT A ORDINANCE 0-94-972 Ordinance 0-94-972 page 4 of 8 / LAND USEIDEVELOPMENT PROPOSAL In the Lot 1 Block 1 Market Addition one-story Masonry Building a 2, 526 sq. ft. space will be given for lease by Colleyville Monticello Partners, Ltd., to Nicnea, L.L.C. by Peter Incaviglia, Manager. The purpose of this space shall be for the exclusive use as a sports cafe, namely "Inkys". The sports decor of the sports cafe shall encompass sports memorabilia, big screen televisions, and a fun-filled sports arcade for kids. Inkys will have comfortable seating and fun colors, character's drawings throughout the cafe, and a variety of televised sport events, and celebrity charity events. The menu shall be limited with numerous pasta, brick oven pizza, deli, hamburgers, chicken, and various appetizers as well as daily specials to include homemade soups and rolls. Original house specialties include authentic brick oven pizza, pastas, and meatballs. Having full alcoholic beverages is of utmost importance to the overall aesthetic atmosphere of the sports cafe. The cafe will be managed onsite by Peter Incaviglia and will add family opportunities in Colleyville. INKYS Inkys is an upscale sports cafe featuring Italian American Deli cuisine. Inkys ambience will be that of family sports, comfort and class. Inkys will offer outdoor dining on its private patio overlooking the luscious landscape or comfortable dining inside. Inkys will feature a bar for adult entertainment and video arcade made just for kids. Inkys would like to offer mixed drinks, beer and wine. Our objective is to educate our clientele as to the pleasure of proper pairing of food and spirits. Inkys would like to become the community's meeting place for their sports and dining pleasures. WATER AND SEWAGE PROPOSAL Colleyville Monticello Partners, Ltd., owners, have water and sewage presently available to the building via a 10' water line. Present to lease executed January 15, 1994 between said owners and tenants Nicnea L.L.C., Peter Incaviglia, Manager, water will be available at the earliest possible date, at the sole expense and responsibility of the owners. Attachment 1 Ordinance 0-94-972 Ordinance 0-94-972 page 5 of 8 DEVELOPMENT SCHEDULE On September 15, 1994, Inkys Sports Cafe's owner Nicnea L.L.C. signed a lease for 2,526 sq. ft. of Colleyville Plaza. Inkys construction start date will be October 1, 1994. The construction of the inside space will take approximately five weeks. The contractor Margee King suggests the time frame as adequate. Inkys commencement date will be December 1, 1994. - PRESENT AND PROPOSED OWNERSHIP Lot 1 Block 1 Market Addition to the City of Colleyville, Tarrant County, Texas, is presently owned by Colleyville Monticello Partners, Ltd. Parcels of the site to be leased with one such section 2,526 sq. ft., retained and leased by owners Nicnea L.L.C. by Peter Incaviglia, Manager, of Inkys Sports cafe. Attachment 1 (cont) Ordinance 0-94-972 Ordinance 0-94-972 page 6 of 8 LEGAL DESCRIPTION 2,526 square feet at the Southeastern comer of the masonry building located on Lot 1, Block 1 Market Addition in the City ofColleyville, Tarrant County, Texas, according to plat and dedication recorded in Volume 388-191, Page 40 in the Records, Tarrant County, Texas. Attachment 1 (cont) Ordinance 0-94-972 ---~-------.------_...._.,-- ...._.._--._---,-,--,.---,-- Ordinance 0-94-972 page 7 of 8 PREP ARER'S CERTIFICATION I certify the information present in all of the plans and supporting documents reflect a reasonably accurate portrayal of the general nature, character, and feasibility of the applicant's proposal. Cf-2C,-1(j. . - Manager, Peter Inc viglia 1"2'.'(4- artners, Ltd.-Partner and Co-Owner Attachment 1 (cont) Ordinance 0-94-972 \" Ordinance 0-94-972 page 8 of 8 EXHIBIT "A" jo i:u ..;. =>iii ~H :: ....- 1. - 0! ~ ::J 0; 3J ~ ~I 11r :J . 0 U , IlJ -- , () r~ ~ ui I I I I I - I I , .. ,~ ,.... I~ I:;; , . '0 ,..- , I , , I fl' ", tl <, .1 ",I 1/)1 ., 0, ...... I ...... , "'J I I I I ~~ ta:I e- wi ~ ~ ~ ta:I :j o u - OJ a:l o ~c.. rn ~cn lj ci~ :: ~ ~ rn "'-N.:CIl ti~~~ ~: a .. .: . W < "": ~ : Q ~ ...: !!; .;,: ~ ! g: ww: M~A:..t:I - ...lI Z a Q~=S2 a:~l;~~ c. ...lI ~ '"' a. g. ='.c fi e,:,:z: ... -.. G. ....... 0 .. -_.. 0 >0 g.. .. III lOa. :':' ... t.) -: ~: i5 () ~_ to. ~ := ~~~ S I: III'" ,N w ..!!,...!~ > ~ 0.--.. l:: <:::';:~I I :~~""-':.,... . .. .. - ~:'. ..: -: s:: ~ - P-. Attachment 2 Ordinance 0-94-972 Q) +oJ .- UJ SPECIAL USE PERMIT, 2,526 S.F. AREA IN THE S.W. CORNER OF THE PRIMARY BLDG. LOCATED ON LOT 1, BLOCK 1, MARKET ADDITION FOR THE PURPOSE OF SEWNG ALCOHOUC BEVERAGES IN A RESTAURANT CASE S-94-005 ., f '\ '\:l ~ o ~ (1) "0 etl - c;l ~ b on ci .: .!i ~s (J "-no "w....na __ .'01 :a .;~~~ CI C, Ill'JO .. ~o.... < z~~-; c.:t ....,ft z~..:- ~ 2~~;: