HomeMy WebLinkAboutOrdinances (Ordinance O-19-2099)-10/15/2019ORDINANCE 0-19-2099
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 1 OF THE TOWNE
SQUARE ADDITION, LOCATED AT 5604 COLLEYVILLE BOULEVARD,
SUITES A & B, 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. ZC19-011; 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 0-19-2099
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
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 1, Block 1, of the Towne Square
Addition, located at 5604 Colleyville Boulevard, Suites A & B, 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 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 name of the business authorized for on -premise
consumption alcohol sales by this Special Use Permit shall be
called "Ruggeri's Pescatore Italiano".
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 0-19-2099
Page 3 of 4
d. All requirements of the Land Development Code shall be met,
except where amended herein.
2. HOURS OF OPERATION
a. The hours of operation shall not exceed the following schedule:
Sunday - Thursday: 11:00 a.m. - 9:00 p.m.
Friday- Saturday: 11:00 a.m. - 9:30 p.m.
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 2"d day of October
2019.
The second reading and public hearing being conducted on the 15th day of
October 2019.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS
ON THIS THE 15TH DAY OF OCTOBER 2019.
Mayor Richard Newton Aye Mayor Pro TernBobby Undamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
Ordinance 0-19-2099
Page 4 of 4
A/TTST:
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Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
W it Wyatt
City Attorney
Cl Y OF COLLEYVILLE
Richardd Newton
Mayor
Exhibit "A" - Zoning Map
Exhibit "B" - Aerial Map
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Exhibit ETC" — Site Exhibit
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Colleyville Town Square
5600 & 5604 Colleyville Blvd.
'Colleyville, Texas 76034
Property Features
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TFE ffO TON COWD ! REM I-M BEEN C N TO US BY flE O R OF THE
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TO PURCHASE OR LEASE.
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1200 Summit Ave.
Fort Worth, T% 76102
817 885 8333
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