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HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-1975)-03/08/2016 • ORDINANCE 0-16-1975 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING ON LOT 23, OF THE VILLAGE AT COLLEYVILLE ADDITION, LOCATED AT 62 MAIN STREET, BY AUTHORIZING A,SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION; 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 on- premises consumption of alcohol under Case No. ZC16-001; 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 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 • Ordinance 0-16-1975 • Page 2 of 4 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 changing the zoning on Lot 23, of the Village at Colleyville Addition, located at 62 Main Street, as depicted on Exhibit "A," by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premises consumption. 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. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premises consumption in conjunction with a restaurant use. b. The name of the business authorized for the sale of alcoholic beverages for on-premises consumption by this Special Use Permit shall be called "Sonsie House Kitchen." c. 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. d. All requirements of the Land Development Code shall be met, Ordinance 0-16-1975 Page 3 of 4 except where amended herein. 2. HOURS OF OPERATION a. The hours of operation shall not exceed the following 9 schedule: Tuesday - Saturday: .11:00 a.m. - 3:00 p.m. 5:00 p.m. - 9:00 p.m. Sunday: 10:00 a.m. - 3:00 p.m. 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 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 16th day of February 2016. The second reading and public hearing being conducted on the 8th day of March 2016. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the day of 2016. Ordinance 0-16-1975 Page 4 of 4 ATTEST: CITY OF COLLEYVILLE - Amy - helley, •J MC David Kelly _ ----city Secretary Mayor APPROVED AS TO FORM AND LEGALITY: U—)' Matthew C. G. Boyle City Attorney Exhibit "A" - Location Map .. -,77.-:7-,-,7.-::-.717-:-..' 7ii e ys p 3 p Y 5 - ,: w o?, 3 {j {( -.---3`;'. . - ` Y '1.' p. • ^ f • ' --'—,:-,i ,-,.:-.74-,.,, i�', ' •g( r-97 -53 47 -lJ '35 'VF,..: _ - . . _- .F " , r n t F `"a ;',,I ; #" > 17,.'""7147.---7', . „ka •t ..-..7 _ -c , t.: -,,i, j7 ;y x y�am'�}]'� .� - d �J:h" 33.. ., :34 34-' , �„� li 1.,''I:' - ' -, j' ;: ; , w dd 1 I :fit { ,.,.�.i.,� "",�3 - _-. •-;.i,-_,:..,. �.5 . yI�am�.._ _ .. i �G gC r� - :,..,.: .,,,,.7, . ,.:20,-. :d -a' i H;2 .2:11:1:--,L.1„..,,,-,-- e=. _ r .., Y 'c :.-: ....:, .:........_3:_ r...�"....,,._,.�_�..,, �