HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2017)-08/01/2017 (3)DENIED — AUGUST 1, 2017
ORDINANCE 0-17-2017
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 1R, BLOCK 1, OF THE
GARDENS ADDITION, LOCATED AT 7015 COLLEYVILLE BOULEVARD,
BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF BEER AND
WINE FOR OFF -PREMISES 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 beer and
wine sales for off -premises consumption of alcohol under Case
No. ZC17-010; 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
Ordinance 0-17-2017
Page 2 of 4
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 1R, Block 1, of the Gardens Addition,
located at 7015 Colleyville Boulevard, by authorizing a Special
Use Permit for the sale of beer and wine for off -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 Land Development
Code 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 beer and
wine for off -premises consumption in conjunction with a
convenience store use only.
b. The name of the business authorized for off -premise
consumption alcohol sales by this Special Use Permit shall be
called "RaceTrac".
c. 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.
Ordinance 0-17-2017
Page 3 of 4
d. 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 18th day of July
2017.
The second reading and public hearing being conducted on the 1st day of
August 2017.
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND
ABSTENTIONS ON THIS THE 1ST DAY OF AUGUST 2017.
Mayor Richard Newton Mayor Pro Tern Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Nancy Coplen
Place 3, Kathy Wheat Place 6, Mike Taylor
Place 4, George Dodson
ATTEST:
Amy Shelley, TRMC
City Secretary
CITY OF COLLEYVILLE
Richard Newton
Mayor
Ordinance 0-17-2017
Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
Whitt L. Wyatt
City Attorney
Exhibit "A" - Zoning Map
7201 7200
Do 0
7001
7001
D-C
/PUD-C "`
01 2204
` V2200
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ZC16-007
COLLEYVILLE
7015 COLLEYVILLE BOULEVARD
Subject Property
T a r n s
AG Agricultural
CC-1 Village Retail
CC-2 Shopping Center
1PUD-R
1 Inch = 167 feet
®
ML Lighted Unit Development,
PUD-C Planned Unit Development, Commercial
Planned Unit Development, Residential
DISCLAIMER: This map and information contained In it were developed exclusively for use by the City of Colle
else Is at Mat partys risk and without liability to the City of Colleyville, its officials or employees for any discrepat
2206
2201
2300
6918
6916
7009
PUD-R
6914
6912
6910
6908
Vicinity Map
Any use or reliance on Ins map by anyone
errors, or Variances which may exist.
Exhibit "B" - Aerial Map