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
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