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