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HomeMy WebLinkAboutOrdinances (O-24-2303)-Denied-11/19/2024DENIED WITHOUT PREJUDICE - NOVEMBER 19, 2024 ORDINANCE 0-24-2303 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 3.18 ACRES, BEING LOT 1, BLOCK 1, TOWNE SQUARE ADDITION, LOCATED AT 5600 COLLEYVILLE BOULEVARD, SUITE G, BY AUTHORIZING A SPECIAL USE PERMIT FOR PACKAGE STORE SALES - OFF -PREMISES CONSUMPTION FOR THE BUSINESS KNOWN AS LIQUOR MART; 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 Package Store Sales - Off -premises Consumption Case No. ZC24-016; 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 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 Package Store Sales - Off - premise Consumption on 3.18 acres, being Lot 1, Block 1, of the Towne Square Addition, located at 5600 Colleyville Ordinance 0-24-2303 Page 2 of 3 Boulevard, Suite G, for the business known as Liquor Mart, 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 Liquor Mart business only. b. The name of the business authorized for Package Store Sales — Off -premises Consumption by this Special Use Permit shall be called "Liquor Mart". c. The hours of operation shall be Monday through Saturday from 10 a.m. to 9 p.m. d. No tobacco, CBD, and associated paraphernalia sales shall be allowed. e. No window signs shall be allowed. No neon signs or other interior signs shall be visible from outside the use. f. The building sign must be approved by the City. g. 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. h. 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 0-24-2303 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 6"' day of November 2024. The second reading and public hearing being conducted on the 19"' day of November 2024. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 19TH DAY OF NOVEMBER 2024. Mayor Bobby Lindamood Mayor Pro Tern Brandi Elder Deputy Mayor Pro Tern Scotty Richardson Kimberly Holt Gunderson, Place 5 ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney Mark Alphonso, Place 2 Ben Graves, Place 4 Tim Raine, Place 6 CITY OF COLLEYVILLE Bobby Lindamood Mayor Exhibit "A" - Location and Zoning Map Exhibit "B" - Store Exhibit Sample floor Plan Store sign