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HomeMy WebLinkAboutOrdinances (O-06-1588)-09/19/2006 ORDINANCE 0-06-1588 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE, PROVIDING FOR THE ZONING CHANGE OF THE PROPERTY ON LOT AR, E. M. THOMPSON SUBDIVISION, BY REPEALING THE SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WHICH WAS AUTHORIZED BY ORDINANCE 0-01- 1293; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 0-01-1293, approved on September 11, 2001, authorized a Special Use Permit for the sales of alcoholic beverages for on-premises consumption for lot AR, E. M. Thompson Subdivision, located at 5224 Colleyville Boulevard; and WHEREAS, the City Council approved Resolution R-06-2743 on August 15, 2006, to initiate a change of zoning to repeal the Special Use Permit for the sales of alcoholic beverages for this property; 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, on August 28, 2006, the Planning and Zoning Commission held public hearings regarding the proposed zoning change; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, 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 Ordinance 0-06-1588 Page 2 of 3 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 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. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. 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. THAT the Land Development Code of the City of Colleyville, Texas, be, and the same is hereby amended by repealing the Special Use Permit for the sales of alcoholic beverages for on-premises consumption on Lot AR, E. M. Thompson Subdivision, located at 5224 Colleyville Boulevard, as shown on the Zoning Map attached as Exhibit "A". 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. 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. 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. 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 Ordinance 0-06-1588 Page 3 of 3 of this ordinance. Sec. 7. THAT 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. 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 upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~~ 2006. ~ reading and public hearrng being conducted on the ~~ 2006. S'~ /9Jzf day of day of A TIEST: 11 Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~ lY). ~ Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP ::.II , I IA ,. tAl ,. MIA "'Ill . . .. W" . 5 . ".~: ~ff i:N1'RAl. I ' . I 5 . I I . ~~~1tl~ ,.- .... 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