HomeMy WebLinkAboutOrdinances (O-07-1614)-04/03/2007
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DENIED APRIL 3,2007
ORDINANCE 0-07-1614
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, AUTHORIZING A
SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR ON-
PREMISES CONSUMPTION; 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, the City of Colleyville has received an application for a Special Use Permit
under Case No. Z-07-003; 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, 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 and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
Ordinance 0-07-1614
Page 2 of 3
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.
Sec. 7.
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 Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by authorizing a Special Use
Permit for the sales of alcoholic beverages for on-premise consumption on
Lot AR, E.M. Thompson Subdivision, as depicted on the Zoning and
Location Map, attached as Exhibit "A", and subject to the following
condition:
a. Alcohol may be served from 11 a.m. to 10 p.m., Sunday through
Thursday;
b. Alcohol may be served from 11 a.m. to midnight, Friday and
Saturday;
c. A fire sprinkler system and alarm will be installed in accordance with
the City Local Amendments to the International Fire Code prior to
the issuance of a Certificate of Occupancy.
THAT the above described tract of land shown on Exhibit "A" 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, as 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 of this
ordinance.
THAT it has been found that there has been a change in conditions in the
Ordinance 0-07-1614
Page 3 of 3
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 c:/U) <J'.! day of
~a.-U~ 2007.
The second reading and public hearing being conducted on the ..jltfl day of
AdU.-I 2007.
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DENIED APRIL 3, 2007
ATTEST:
CITY OF COLLEYVILLE
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Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
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Matthew C. G. Boyle
City Attorney
Exhibit A - Zoning and Location Map
11
NORTH