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HomeMy WebLinkAboutOrdinances (O-08-1681)-06/03/2008ORDINANCE 0-08-1681 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A PORTION OF LOT 3, BLOCK 1, TARA III ADDITION, LOCATED AT 1101 CHEEK SPARGER ROAD, SUITE 107A, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF- 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-08-013; 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 to, 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 0-08-1681 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. 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 a portion of Lot 3, Block 1 of the Tara III Addition, located at 1101 Cheek Sparger Road, Suite 107A, by authorizing a Special Use Permit for the sale of alcoholic beverages for off-premise consumption, as depicted on the attached Exhibit "A" labeled Location and Zoning Map and the attached Exhibit "B" labeled Lease Area Map. 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 -Sunday: 7:00 a.m. - 10:00 p.m. 2. General a. The uses allowed by this Special Use Permit shall be for the sale of alcoholic beverages for off-premise consumption. b. This Special Use Permit shall only allow the sale of beer and wine. c. The sales area for alcoholic beverages allowed under this ordinance shall not exceed 1,245 square feet and shall be limited to the lease area depicted in the attached Exhibit "B" labeled Lease Area Map. d. 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 general store. Ordinance 0-08-1681 Page 3 of 3 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 o. ~ day of 2008. The second reading and public hearing being conducted on the g~'~ day of 2008. ATTEST: ~~~ ynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: 1^V~ "'' Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map NORTH 1 ~_ __ 1 1on1 1003 , ` loos 803 901 903 905 907 1001 1003 1007 ~ 3000 f x001 1002 ~` _ 1003 1005 1002 1 001 ! ~ 1001 , 1400 3906 ~ 8908 :1001 ~ 4002 r ~ ~ k,S 3904 3 905 90G r+ 39 r! S~F"" ' Q ' ' 3902 ` 3908 1 t 3916 ': ` 2Qtt f ~ 3901 + j 3905 909 ~ ' ~ "' ~ '' t` ~ : F " ~ 1 ~~ ~ ' Site ~ 3906 1 .3. ~ € ~' 3 39az 1 .. ~ , 3900 903 3901 `~~ 3948 ,, , 3906 ~ ~°~`` 3902 ' ~ ~ 105 ~ ' 3900 3815 3900 ~ti 109; . ~` ~~-z~" 1 ~ PU~C 381G , _- R40 3900 3809 3808 901 3806 38U AG 3805 3716 3716 3711 l/ 3709 3708 i 3708 Exhibit "B" -Lease Area Map F`"°`t Xa`Jb i 17.1 ks E,~ I~ ~ ia? ?# i { ~ ~ ~j ~~ a ~ ~ ~ ~ t ~ >r ~w I -~ ~~ F~e~s ~ ~ '~ r ~~ ..~ ~1 ,~ ~~~~~;~~ ~a~~ ,~ ,~~~ ~- Gin;A~+irl.pn +ax3~ gab arm ,~` 1 4~itltlr ;Mlto 'IarNvvcr±~a o e _ /' ~'v 4: JA a ~~ Tire Na:J 3 Taman "f ,,~ Ica 'G2 ' IA MfMk ;Mce [gItl1~1 ~ •. t ~ J'f ~. n .rs ,e~ J