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Home My WebLink AboutOrdinances (O-07-1635)-09/18/2007DENIED SEPTEMBER 18, 2007 ORDINANCE 0-07-1635 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACTS 3D, 3D2, 3D3, 3E, 3E2 AND 3E3, ABSTRACT 963 OF THE A. J. LOTT SURVEY, LOCATED AT 7013, 7015 AND 7017 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-030; 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 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, to the character of the districts and their peculiar suitability for particular value of buildings and encouraging throughout the City; and uses, with a view to conserving the the most appropriate use of land 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 Ordinance 0-07-1635 Page 2 of 3 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 tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey, located at 7013, 7015 and 7017 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on- premise consumption, as depicted on Exhibit "A", labeled as Location and Zoning Map and as described on Exhibit "B", labeled Legal Description. 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. Hours of Operation a. The hours of operation shall be as follows: Monday -Saturday: Sunday: 11:00 a.m. - 2:00 a.m. 11:00 a.m. - 12:00 a.m. 2. General a. There will be no connection to Danielle Drive; b. Any landscaped screening buffer located along the east property line shall be no less than 10-feet wide and, otherwise, shall meet the requirements of the Land Development Code. c. The Specific Use Permit granted herein is authorized for a term consistent with the Certificate of Occupancy for the first restaurant use in a suite, office or lease space. The Specific Use Permit shall automatically expire upon the expiration or termination of the Certificate Ordinance 0-07-1635 Page 3 of 3 of Occupancy for the restaurant use. 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 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. Sec. 7. 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. 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 from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the i~~ day of ~ 2007. The second reading and public hearing being conducted on the /~~ day of 2007. DENIED SEPTEMBER 18, 2007 ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE David Kelly Mayor Exhibit A -Location and Zoning Map Exhibit B -Legal Description Legal description for A963, Tracts 3D, 3E BEING 3.2054 ACRES OF LAND, MORE OR LESS, OUT OF THE AJ LOTT SURVEY, ABSTRACT 693, LOCATED IN THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS AND BEING THOSE SAME TRACTS OF LAND AS DESCRIBED IN THE DEED TO WHITCO CONSULTING LTD, TRACTS 2 AND 3, IN DOCUMENT NUMBER 202180741, VOLUME 15788, PAGE 41, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.}, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE TRACT OF LAND DESCRIBED TO CHARLES FRANKLIN WEST SR. AND WIFE ESTHER EUDENE WEST RECORDED IN VOLUME 4843, PAGE 595 D.R.T.C.T, AND IN THE EAST RIGHT OF WAY LINE STATE HIGHWAY 26, 13.33 FEET NORTH 89'33'06" WEST FROM THE SOUTHWESTERN MOST CORNER OF LOT 1R3, BLOCK 1, TROPICANA FUELS ADDITION, CABINET A, SLIDE 5398, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T}, THENCE SOUTH 89°59'45" EAST A DISTANCE OF 362.44 FEET TO A %:" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "DUNAWAY ASSOC., LP" SET, HEREIN AFTER REFERED TO AS AN IRON ROD SET, FOR CORNER FOR THE NORTHEASTERN MOST CORNER OF SAID TRACT 3 AND THE NORTHWESTERN MOST CORNER OF THAT TRACT OF LAND DESCRIBED TO CYNTHIA D. HUDSON IN DOCUMENT NUMBER D193258464, D.R.T.C.T., THENCE SOUTH 00°03'45" WEST A DISTANCE OF 291.22 FEET, WITH THE WEST LINE OF SAID HUDSON TRACT, TO A 5/8" IRON ROAD FOUND FOR THE SOUTHEASTERN MOST CORNER OF SAID TRACT 3 AND SOUTHWESTERN MOST CORNER OF SAID HUDSON TRACT, THENCE NORTH 89°59'45" WEST A DISTANCE OF 586.35 FEET WITH THE NORTH LINES OF THOSE TRACTS OF LAND DESCRIBED TO CHARLES F. WEST AND CHARLOTTE WEST DIETRICH IN VOLUME 5368, PAGE 782, D.R.T.C.T. TO A IRON ROD SET FOR THE SOUTHWESTERN MOST CORNER OF SAID TRACT Z, IN THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY 26, BEGINNING A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 37°35'33" EAST AND A CHORD DISTANCE OF 367.55 FEET, THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 2814.79 FEET, A CENTRAL ANGLE OF 07°29'13" AND A LENGTH OF 367.81 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 3.2054 ACRES (139,625 SQUARE FEET) OF LAND, MORE OR LESS Exhibit C- Conceptual Site Plan ..~ ~ 11 ~rJ, 8 k~ ~ R~ i I l i $ d A i i 'S S 3 f~ gg: '~;~~ ~s ~ g Aa: m ~ ~ a .3 ~ a Y ~ ~~ ;~ ~ ~ ~~ r ~., , ~. E ~ ~ ~~ ~.. ~ - i C ~ l.." LYE ~ Q ~ /a,K. '- ~, ~' f I j 17A. T. iir~ ~ l ~ ~' S ~ ~~ ~ ~ Rt ~'~ s °~'` ~~a~b _^ - ~' ~ " _ ~ _._~ ~ ~a ~ s~ ~- r' ~ ~' ---~ ~ ~ ~ , ~-- i ~' 1 s s ~ - ---- -- ~...~- ~` ~:° ~ - -, ,., .F ~ ~ -~ ; - ~, ,~ ~ .~ a c~ a ::~ ' ~ ~ ~ ~, ,~ ; t' - ' ''} «g ~~ x.~ - llp a~ a xF. ~ 'i S; z ~ }r. .~P. ~ Y ~g S S t }~~ t , - 1~~, a~ - 0. 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