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HomeMy WebLinkAboutOrdinances (O-22-2205)-06/21/2022ORDINANCE 0-22-2205 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 4.56 ACRES, BEING LOT 3, BLOCK 1, OF THE TARA VILLAGE SUBDIVSION, LOCATED AT 1101 CHEEK-SPARGER ROAD, SUITE 110, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION FOR THE BUSINESS KNOWN AS FROM ACROSS THE POND; 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 a Special Use Permit for the Sale of Alcoholic Beverages for On -Premise Consumption for the business known as From Across the Pond, Case No. ZC22-015; 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 amend the City's zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City's zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City's zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for the Sale of alcoholic Beverages for On -Premise Consumption on 4.56 acres, being Lot 3 Block 1, of the Tara Village Subdivision, located at 1110 Ordinance 0-22-2205 Page 2 of 3 Cheek-Sparger Road, Suite 110, for the business known as From Across the Pond, as depicted on the attached as Exhibit "A". Sec. 2. 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. 3. 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 by this Special Use Permit shall be called "From Across the Pond". c. The hours of operation shall be as follows: • Sunday - Thursday 11:30 a.m. - 9:00 p.m. • Friday and Saturday 11:30 a.m. - 10:30 p.m. d. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec.4. 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. 5. 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 0-22-2205 Page 3 of 3 ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. 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. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of June 2022. The second reading and public hearing being conducted on the 215t day of June 2022. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney OF COLLEYVILLE Q'94a\ I L amood Mayor Exhibit "A" - Location and Zoning Map 906 loo0 1 1002 1009 907 I 1o01 1 10 031 i005 , 1007 913 PUD-c 3808 4006 4004 4002 3900 4006 4005 4002 4003 4000 4001 3906 4000 3904 4006 4003 4004 4001 4002 1 -R 3908 C 4 3905 3406 lj) 3902 3904 3402 �fdw 3900