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HomeMy WebLinkAboutOrdinances (O-24-2278)-05/21/2024ORDINANCE 0-24-2278 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 2.57 ACRES, BEING LOT 2, BLOCK A, 170 PLAYERS ADDITION, LOCATED AT 3855 GLADE ROAD, SUITE 165, BY AUTHORIZING A SPECIAL USE PERMIT FOR ALCOHOLIC BEVERAGE SALES — (BEER AND WINE ONLY) — OFF -PREMISE CONSUMPTION FOR THE BUSINESS KNOWN AS NEW YORK BUTCHER SHOPPE; 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 Alcoholic Beverage Sales - (Beer and Wine Only) - Off -Premise Consumption Case No. ZC24-004; 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 Alcoholic Beverage Sales - (Beer and Wine Only) - Off -Premise Consumption on 2.57 acres, being Lot 2, Block A, of the 170 Players Addition, located Ordinance 0-24-2278 Page 2 of 3 at 3855 Glade Road, Suite 165, for the business known as New York Butcher Shoppe, 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: I.GENERAL a. The Special Use Permit shall apply to the New York Butcher Shoppe business only. b. The name of the business authorized for Alcoholic Beverage Sales - (Beer and Wine Only) - Off -Premise Consumption by this Special Use Permit shall be called 'New York Butcher Shoppe". c. Alcohol sales shall not exceed 15% of overall sales. d. The hours of operation are Monday - Saturday 9 a.m. - 8:00 p.m. and Sunday 12:00 p.m. - 6:00 p.m. e. 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. f. 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 as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-24-2278 Page 3 of 3 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 May 2024. The second reading and public hearing being conducted on the 215t day of May 2024. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST DAY OF MAY 2024. Mayor Bobby Lindamood Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Kimberly Holt Gunderson, Place 5 Aye Tim Raine, Place 6 Aye ATTEST: 6 WZL�� Christine Loven, TRMC City Secretary APPROVED AS TO FORM: /Y Whitt Wyatt City Attorney ITY OF COLLEYVI 1 iL 2 Bo by Li mood Mayor Exhibit "A" - Location and Zoning Map - $064 50595053 5044 5060 5049 5056 BLACKJACK OAK OR COLsos3 s052 Ill Gt�N soae PU R Qp�it 5057 � 5017 5052 5044 � C - 5013 5056 5061 5036 Q 5060 5065 5032 C I 5009 t7 5028 5005 5064 5069 5001 __ - _ - 3825 Q 17 70 (a 3732 3855 Z ROTHSCHILD BLVp 4820 370 4616 �W 4828 d T P -R 4813 aat2 (� 4824 4800 1 4809 4808 Ov 4821 z 3 � 4809 4820 i 4805 4804 4816 j 4817 4812 4813 S g 4809 � 4808 4805 4804 4741 4724 4729 4737 4732 4720 4733