HomeMy WebLinkAboutOrdinances (Ordinance O-19-2098)-09/23/2019ORDINANCE 0-19-2098
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOTS 13 AND 14, BLOCK 2 OF
THE THOMPSON TERRACES ADDITION, LOCATED AT 5201
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. ZC19-010;
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
Ordinance 0-19-2098
Page 2 of 4
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.
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 Lots 13 and 14, Block 2, of the
Thompson Terraces Addition, located at 5201 Colleyville
Boulevard, by authorizing a Special Use Permit for the sale of
alcoholic beverages for on -premise consumption, as depicted on
Exhibit "A" Exhibit "B" and Exhibit "C".
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:
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 name of the business authorized for on -premise
consumption alcohol sales by this Special Use Permit shall be
called "Stone House Restaurant".
Ordinance 0-19-2098
Page 3 of 4
c. The Special Use Permit shall be issued solely to the entity
910 Proverbs, LLC, and 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. For this purposes of this Special
Use Permit, a change in ownership shall include any change
where more than twenty-five percent (25%) in the direct or
indirect capital ownership of the entity occurs (whether
through one or multiple transactions).
d. Live music shall be limited to acoustic instruments only and
shall remain subject to all state and local noise regulations.
No amplification or loud speakers shall be used in connection
with any live music within the interior or exterior of the
premises.
e. All requirements of the Land Development Code shall be met,
except where amended herein.
a. The hours of operation shall not exceed the following
schedule:
Monday & Tuesday: 4:00 p.m. - 9:00 p.m.
Wednesday - Saturday: 4:00 p.m. - 10:00 p.m.
Closed on Sundays
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.
Ordinance 0-19-2098
Page 4 of 4
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 17ch day of
September 2019.
The second reading and public hearing being conducted on the 23rci day of
September 2019.
PASSED AND APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0
ABSTENTIONS ON THIS THE 23RD DAY OF SEPTEMBER 2019.
Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye
Place 3, Kathy Wheat Aye Place 6, Callie Rigney Arent
Place 4, George Dodson Aye
ATTEST:
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt L. Wyatt
City Attorney
CITY OF COLLEYVILLE
Richard Newton
Mayor
Exhibit "A" - Zoning Map
Exhibit "C" - Site Exhibit
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