HomeMy WebLinkAboutOrdinances (ORDINANCE O-18-2052)-07/25/2018ORDINANCE 0-18-2052
AMENDING ORDINANCE 0-10-1769 CONDITIONS; 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 Council approved Ordinance 0-10-1769 on September
21, 2010, to establish the zoning to allow for a Package Store
use and secondary uses to include restaurant and catering,
wholesale warehousing and distribution of liquor, and
office/customer education and training for Lot 1RA2, Block 1, of
the Tropicana Fuels Addition located at 7101 Colleyville
Boulevard; and
WHEREAS, the City of Colleyville has received a request for an amendment
to Ordinance 0-10-1769, under Case Z-18-017; 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, and 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
Ordinance 0-18-2052
Page 2 of 4
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 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 Lot 1RA2, Block 1, of the Tropicana Fuels
Addition, located at 7101 Colleyville Boulevard, from the PUD-C
Planned Unit Development -Commercial Zoning District to the PUD-
C Planned Unit Development -Commercial Zoning District, as
depicted in the attached Exhibit "A".
THAT the above described tract of land shall be subject to the
Sec. 3. following conditions:
1. General
a. The following amendments to Ordinance 0-10-1769 are
hereby authorized:
i. Section 4.1.c of Ordinance 0-10-1769 is hereby
amended to revise the square footage maximum for the
Restaurant and Catering use from 1,500 square feet to
2,400 square feet.
ii. Ordinance 0-10-1769 herby remains valid and all
provisions of Ordinance 0-10-1769 shall remain in full
force and effect except where amended herein.
Sec. 4.
Ordinance 0-18-2052
Page 3 of 4
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. 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 2nd day of July
2018.
The second reading and public hearing being conducted on the 17th day of July
2018.
Ordinance 0-18-2052
Page 4 of 4
PASSED AND APPROVED BY A VOTE OF - AYES, A NAYS, AND
ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018.
Mayor Richard Newton Mayor Pro Tern Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney✓
Place 4, George Dodson "Co -
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED TO FORM GALITY:
Whitt L. Wyatt
City Attorney
Exhibit "A"- Zoning Map
7208 7207 7204
7204
7203 7200
7200
7001
7201
7131
7171
7004 \
7101
772208212 7000
2213 2217
PUD-C
7009
ZC18-017
COLL�EYVIL1 7101 Colleyville Boulevard
DISCLAIMER:
This map and information contained in it were
developed exclusively for use by the City of Coffeyville.
Any use or reliance on this map by anyone else Is
at that party's risk and without liability to the
City of Colleyvllle, its officials or employees for any
discrepancies, errors, or variances which may exist.
QSubject Property
2300 2302 2304
6910 PUD-
STILL POINT LANE
�-1
2303
2301
6916