HomeMy WebLinkAboutOrdinances (O-23-2239)-05/16/2023ORDINANCE 0-23-2239
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 23, VILLAGE AT
COLLEYVILLE CONDOS, LOCATED AT 62 MAIN STREET, SUITE 100,
BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF
ALCOHOLIC BEVERAGES FOR ON -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 a Special
Use Permit for the Sale of Alcoholic Beverages for On -Premises
Consumption for Case No. ZC23-007; 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 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 23, Village at Colleyville Condos,
Ordinance 0-23-2239
Page 2 of 3
located at 62 Main Street, Suite 100, by authorizing a Special
Use Permit for the sale of alcoholic beverages for on -premises
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:
I.GENERAL
a. The Special Use Permit shall apply to the sale of alcoholic
beverages for on -premises consumption in conjunction with
a restaurant use only.
b. The name of the business authorized for on -premises
consumption alcohol sales by this Special Use Permit shall
be called "La Penela".
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.
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. to 9:00 p.m.
Friday and Saturday 11 a.m. to 10:30 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
Ordinance 0-23-2239
Page 3 of 3
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 May
2023.
The second reading and public hearing being conducted on the 16th day of
May 2023.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 16TH
DAY OF MAY 2023.
Mayor Bobby Lindamood Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye
Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye
(ATTEST�j:T OF CO EYVILLE
Christine Loven, TRMC
City Secretary
APPROV S TO FO
Whitt Wyatt
City Attorney
Mayor
Lindamood
Exhibit "A" - Zoning Map
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Exhibit "B" - Aerial Map
Exmbi"C" - Si Exhibit
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