HomeMy WebLinkAboutOrdinances (O-07-1642)-10/02/2007ORDINANCE 0-07-1642
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF LOT 40R1 OF THE VILLAGE AT COLLEYVILLE
ADDITION, LOCATED AT 85 PIAZZA LANE, BY AUTHORIZING A SPECIAL USE
PERMIT FOR A WEDDING CHAPEL AND 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
REAS, the City of Colleyville has received an application for a rezoning under
Case No. Z-07-031; and
EREAS, 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
EREAS, 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
HEREAS, 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
EREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to 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
REAS, 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 0-07-1642
Page 2 of 4
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.
1, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LEYVILLE, TEXAS:
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.
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 40R1 of The Village at Colleyville Addition, located at 85 Piazza Lane,
by authorizing a Special Use Permit for a wedding chapel and the sale of
alcoholic beverages for on-premise consumption, as depicted on Exhibit
"A", labeled as Location and Zoning Map.
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.
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:
Sunday -Thursday:
Friday -Saturday:
2. General
7:00 a.m. - 12:00 a.m.
7:00 a.m. - 2:00 a.m.
a. The uses allowed by this Special Use Permit shall be for a wedding
chapel and the sale of alcoholic beverages for on-premise
consumption.
b. The following shall be acceptable accessory uses: wedding reception
facility, conference center, catering facility, horse drawn carriage rides.
c. The Special Use Permit shall automatically expire upon the
abandonment of the business, change in use or upon the expiration or
termination of the Certificate of Occupancy for the wedding chapel.
Ordinance 0-07-1642 ',
Page 3 of 4 ''
d. The site and building layout of the wedding chapel shall generally
conform to the attached, Exhibit "B" labeled as Building Layout.
e. The building design and style shall generally conform to the attached,
Exhibit "C" labeled as Building Design.
f. The sounds created by the bell tower shall conform to the City of
Colleyville Code of Ordinances, Article II -Nuisances.
g. The actual bell shall be either an authentic bell or a digital recording of
a bell. The bell tower shall be operable only between 9:00 a.m. and
8:30 p.m., Monday through Sunday. The duration of any sound
created by the bell shall be no longer than two minutes prior to a
wedding service and four minutes after a wedding service. The
maximum noise decibel reading of any sound created by the bell shall
not exceed 75 dB as measured from the property line of the wedding
chapel.
h. A minimum of 150 parking spaces shall be provided within the Village
at Colleyville development for the wedding chapel during scheduled
events.
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.
Ordinance 0-07-1642
Page 4 of 4
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ,« day of
l.~ i 2007.
second reading and public hearing being conducted on the o1'''-°~day of
.1o~re/~iJ 2007.
ATTEST: J~ %~~J
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Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
,,
David Kelly
Mayor
(APPROVED AS TO FORM AND LEGALITY:
I~ ~ ~3,
Matthew C. G. Boyle
City Attorney
Exhibit A -Location and Zoning Map
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Exhibit B -Building Layout
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Exhibit C -Building Design