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Home My WebLink AboutOrdinances (O-11-1812)-11/02/2011ORDINANCE 0-11-1812 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 3 OF THE HERITAGE HIGH SCHOOL ADDITION LOCATED AT 5100 STATE HIGHWAY 121, SUITE A, 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. ZC11-016; 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 I streets; to secure safety from fire, panic, and other dangers; to promote I 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 i 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 Ordinance 0-11-1812 Page 2 of 3 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 amending the official I, zoning map by authorizing a Special Use Permit for the sale of beer and I wine for off-premise consumption on Lot 1, Block 3, of the Heritage High II School Addition located at 5100 State Highway 121, Suite A, 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: 'I C:FNFR01 a. This Special Use Permit shall only apply to the use of beer and wine sales for the purpose of off-premise consumption as described in Exhibit "B" and depicted in Exhibit "C" of the existing 11,850 square foot area, Suite A, on the subject property. b. The hours of operation for this business shall be as follows: 9:00 a.m. to 9:00 p.m. - Monday through Saturday c. 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. d. All requirements of the Land Development Code shall be met, except ' where amended herein. r~ Ordinance 0-11-1812 Page 3 of 3 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. ~""' day of ~ Tfya-~#jrst ad'ng and public hearing being conducted on the ~ ~~ 2011. The sec d reading and ublic hearing 2011. ~` , TTF_.gT: / i . . ~ /1 , Cynthia Singleton, TRMC, City Secretary APPROVED AS TO FORM AND LEGALITY: •.~~~~ `~ ~ ' ~ Matthew C. G. Boyle City Attorney being conducted on the ~ day of CITY OF COLLEYVILLE ~--~ ~-- David Kelly Mayor Exhibit "A" - Location and Zoning Map Exhibit "B" - Statement of Planning Objectives 510D Stat,c }iwy 12i. Suite A~Gallc}villc,'I'caaa'6434 817399-91 QO I~'ax Bi?.Ei95-~19 Webcitt: wntlawecsho~e.cotn Statement ofPurpose Sunflc~wer Shop~e, loCally owned and o~erat~d t~y the third ~enerati~n of the Bradf~rd faamil}~, is Tarrant Courny's premier natural faods andvitamin stores since its inceptic~n in 197Q. r~s a fixture in the 7'arranl Gounty area, Suzz:flawer Shoppe has twa lcscatic~rts, ane in Fort ~~Iorth arid anather in Colle}~ille. It has u•on countless accolades in th~ highly cornp~titiv~ natural foods industrv as a leading inde~ndent retailer. We are passianate about our family legacy and s~ually passionate about helping our patrons lead a healthier lif~, as weil as fulfilling their in- c~ividual requests. r'~s more ~f aur customers use 5unf7ower Shc~ppe as their primary ~troeery store, many ha~c asl.ed thai vUe sell canventional ciines as ~telt as loc~al> organic, andlor sulfite -free wines. It is our intentian ta rneet this need b~~ providing a variet_y~ af wines in appro;~i- r~tately 3_St~ square fe~t c~ffloor space within our 11,8~0 square foot store. tJ~e estimate sales of packaged wine at our facility to be abc~uk ~0>~30~. L~-~-` ..~'~' ~ $1~~1~~ ~. t ---____~~ ~ c~~,~..~ _ ~ ~~. ~ ~~ ~~ ~ ~ x , ~ . »~ . ~ ~^°'~ - ~~: ~~ _ ~ ~ ~ , ~ `' ~ ~y rett' #4f „Y t~t,! !., Y.:t.mt 816`:_. Hl)s .'Y~ +~ , _.~__ , ~, .a., r... ~'~"~...1 . `M ~ ~ ~^ ~ . ' ' ~ ~~ {r~ 1 ~ _ _ ,. _ . 3 _._._. i.~, _ ~~ ~QZ f f^~ ~ ~ i~ t ; ~ ~4:3 ~ _, ~. £Ye']. . ~ { ----- ... ,,. ~ _ .u.... ~ .~~-.-...,..om 4d .... "~ i - - tJ."S`F kl~la . , ,~ _ _~, _ , i . '~ ~ ~- = . . _. ~ ~ ~ ~ ~ ~ a : ~ , ~ ~ . ~ a; ._ ; : ; ~~a, ~ ~ ` ~ ;'. - ` ~~ ~ = ;r ¢- ~ ~,~ ,, w ~~ r; ~ ~...:.~ ~ "° ;: ,n~. ~,~,; ~~.. ~' ~~ ~ u _.._ ; ~ ~ ~~ ~ N , ~ ~ ; , ` ' _ # y .~~, :~~ 3 „ ~ ' . ~ ~ ~ 4;~ ~ r > ~ ~.~..~w ~.~,, .~. ~ . ._ , ~ ~ 6 ~ z . ,. ~ - ~ .: - , . 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