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HomeMy WebLinkAboutOrdinances (O-13-1877)-06/18/2013 ORDINANCE 0-13-1877 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R1, BLOCK, 1 OF THE MARKET ADDITION, LOCATED AT 5005 COLLEYVILLE BOULEVARD, SUITE 240 BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-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 on- premise consumption of alcohol under Case No. ZC13-005; 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 Ordinance 0-13-1877 Page 2 of 4 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 Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville Boulevard, Suite 240 by authorizing a Special Use Permit for the sale of alcoholic beverages for on- premise consumption, as depicted on Exhibit "A" and described in Exhibit "B". 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 alcohol sales by this Special Use Permit shall be called "Citrus Bistro" and shall not exceed 4,540 square feet. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in 7 � Ordinance 0-13-1877 Page 3 of 4 ownership or upon the expiration or termination of the Certificate of Occupancy. d. The establishment shall be required to meet the 60 percent food versus 40 percent maximum on-premises alcohol sales requirement in the City of Colleyville Code of Ordinances. e. All requirements of the Land Development Code shall be met, except where amended herein. 2. HOURS OF OPERATION a. The hours of operation shall be as follows: Monday - Thursday: 11:00 a.m. - 10:00 p.m. Friday - Saturday: 11:00 a.m. - 12:00 a.m. (Midnight) Sunday: 11:00 a.m. - 3:00 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-13-1877 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of June 2013. The second reading and public hearing being conducted on the 18th day of June 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ($ -- day of JUM(29 2013. ATTEST: CITY OF COLLEYVILLE 11 11, Am t.helly , David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: ad,7 do-frid:frtrid/k. r Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map .775t- '-'-'"`--7==' „ WU -, IVITIL• __ rj p, _7 ---___-- rf _ - Zr :1; Mrk 71- t plAZA 111 -I _ — - - :1-- re 5113 , — W Iii !itai- -17A WAY 6* In 5113 ;:i 5106 1-17 - k. - "- _ -E- Z L51:1 ,..„ 51" 0 ,---,,, _!„\,.., U71 7 ',Al -....,'" - IT. L71 )-■I _ . l 5021 240 le 5S0u0b5jecctoPileroyypeiurt 5025 e Blvd. Suite Property imo. ."-.../7 0 .7' so10 5017 501G 11... - ,4- 501ft .•01...*:: rt„,,,'- ..•.. - 1 Ini gT% rfr.iWi!?1:1E Mil, 011-5) 4;',,,. . _ ....,.. , , _H- _.... - - gr ------- 41 4 4,a00 Exhibit "B" - Statement of Planning Objectives Chef Didier Viriot,a native of Paris, France grew up in a family that has been in the restaurant business since he was born. He received his first training at the age of 14 in his father Chef Bernard Viriot's restaurant in Ibiza,Spain.Chef Dider Viriot worked in the most popular restaurants in Europe including Atonium, Mocador,and Mon Manege a toi in Belgium. In 1981,Chef Didier decided to follow his dad in the USA where he worked in several French restaurants in Dallas,Texas before opening his own wholesale bakery called "CD Bakery." Dider sold his bakery and relocated to Illinois where his brother Chef Jean-Marie Viriot was working as an executive chef at the Crystal Lake Country Club.Dider worked there as a pastry chef for a few years before he signed a contract to open a bakery in San Jose, Costa Rica. Didier went back to Dallas and started working for Pompano Seafood in Dallas,Texas. In 2009,Chef Dider took over Pompano and started Citrus Bistro Seafood. The same year,Citrus Bistro was recognized as one of the ten best new restaurants in DFW by the Dallas Morning News. In 2010,Texas Monthly named Citrus Bistro one of their favorite new restaurants. Citrus Bistro features fresh seafood from all over the world expertly prepared per Chef Didier. In addition to the unique seafood menu,Citrus Bistro also offers beef,veal, lamb and poultry.Bread and specialty desserts are all made in house. The creativity and originality of the cuisine by Chef Didier make Citrus Bistro imitable. Citrus Bistro wants to offer a new experience of seafood to the people of Colleyville. Our friends and guests are our family.Citrus Bistro has been known as a family restaurant. From Chef Didier to the waiters to our guests,we are one family.We wish to extend the Citrus Bistro family concept to the beautiful City of Colleyville.