HomeMy WebLinkAboutOrdinances (O-10-1758)-07/20/2010ORDINANCE 0-10-1758
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1 OF
THE WALGREEN PLAZA ADDITION LOCATED AT 3830 GLADE ROAD, BY
AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES 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 rezoning under Case
No. ZC10-009; 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
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.
Ordinance 0-10-1758
Page 2 of 3
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 amending the official
zoning map by authorizing a Special Use Permit for the sale of beer and
wine for off-premise consumption on Lot 1A, Block 1, of the Walgreen Plaza
Addition located at 3830 Glade Road, 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:
'I [.`FNFRAI
a. This Special Use Permit shall only apply to the use of beer and wine
sales for the purpose of off-premise. consumption as depicted in Exhibit
"B" of the existing 13,905 square foot building, on the subject property.
b. This 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.
c. 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 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 ~'
Ordinance 0-10-1758
Page 3 of 3
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 fir t reading and public hearing being conducted on the ~ day of
2010.
The se and reading and public hearing
2010.
being conducted on the c~ZO ~ day of
ATTEST• ~_ 1
07~
Cynthia Singleton, TRMC, C
City Secretary
APPROVED AS TO FORM AND LEGALITY:
~~ ~•'J~
Matthew C. G. Boyle
City Attorney
CITY OF COLLEYVILLE
-~
David Kelly ~-~"~
Mayor ~'~
Exhibit "A" -Location and Zoning Map
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