HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2038)-04/17/2018 ORDINANCE 0-18-2038
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 3A, BLOCK 2 OF THE
VILAGE PARK ADDITION-COLLEYVILLE, LOCATED AT 4609
COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE
PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE
CONSUMPTION; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND
' PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for on-
premise consumption of alcohol under Case No. ZC18-003; 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 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
Ordinance 0-18-2038
Page 2 of 4
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 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
1 CITY OF COLLEYVILLE, TEXAS:
1
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 Lot 3A, Block 2, of the Village Park
Addition-Colleyville, located at 4609 Colleyville Boulevard, by
authorizing a Special Use Permit for the sale of alcoholic
beverages for on-premise consumption, as depicted on Exhibit
"A" and Exhibit "B".
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. GENERAL
a. The Special Use Permit shall apply to the sale of alcoholic
beverages for on-premise consumption in conjunction with a
restaurant use only.
b. The sale of alcoholic beverages for on-premise consumption
shall be between the hours of 10:45 A.M. and 11 P.M.
Sunday through Saturday.
Ordinance 0-18-2038
Page 3 of 4
c. The name of the business authorized for on-premise
consumption alcohol sales by this Special Use Permit shall be
called '�Chipotle Mexican Grill".
d. The Special Use Permit shall automatically expire upon the
abandonment of the business, change in the use, a change in
ownership or upon the expiration or termination of the
Certificate of Occupancy.
e. All requirements of the Land Development Code shall be met,
except where amended herein.
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 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 3rd day of April
2018.
The second reading and public hearing being conducted on the 17th day of
April 2018.
Ordinance 0-18-2038
Page 4 of 4
PASSED AND APPROVED BY A VOTE OF I AYES, Q NAYS, AND D
ABSTENTIONS ON THIS THE 17TH DAY OF APRIL 2018.
Mayor Richard Newton /951E Mayor Pro Tern Bobby Lindamood fi yE
Place 1, Tammy Nakamura / YE Place 5, Nancy Coplen
Place 2, Kathy Wheat ,95/6 Place 6, Mike Taylor ASE
Place 4, George Dodson I Y�
ATTEST: OF COLLEYVILLE
aAdtrChristine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
GIJ��ttGIJG�
Whitt L. Wyatt
City Attorney
Exhibit "A" - Zoning Map
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at that party's risk and without liability to the Subject Property
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DISCLAIMER: I � �s
This map and information contained in it were L , ,i ,iilir4
developed exclusively for use by the City of Colleyville � " -117 (
Any use or reliance on this map by anyone else is / I
at that party's risk and without liability to the ® Subject Property i p
City of Colleyville,its officials or employees for any
discrepancies,errors,or variances which may exist