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HomeMy WebLinkAboutOrdinances (O-99-1144)-03/02/1999 ORDINANCE 0-99-1144 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND AUTHORIZING A SPECIAL USE PERMIT ON LOT 2-R, BLOCK 3, VILLAGE PARK ADDITION TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a special use permit was filed by Behjat McErroy, Centurion American Custom Homes, on December 31, 1998, under Case No. 8-99-005; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption together with all site plans which are Grdinance 0-99-1144 Page 2 of 6 Sec. 2. Sec. 3. conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives (Exhibit D), and subject to the following conditions: 1. The sale of alcoholic beverages for on-premise consumption shall be restricted to the restaurant space only. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the -'toi-h day of i=ebruo..ri_' 1999. 2"d The se~<1nd reading and public hearing being conducted on the - day of MMCh , 1999, ;j~' ~ ~F COLLEYVILLE. : 'm~. Richard Newton Mayor J n Harris, CMC City Secretary VED AS TO FORM AND LEGALITY: ....- 1.0 ~ TR2t UN TRJC 1.261 . 1R J81A 1.24. .23 N; .75 . :Ill lR3 (\ N; 54J N; AG:, \ ~ , ~ (' a 111 2A2 , I," N; I ! 1 L/ .-/ eC-l 1 a~ - 8).N ).fIOftt ).OON 11140\ lRJC 1.3 N; 3.11 lie '/ N6f'JI ~ 111.....'''''- I o . .1.3 Ie . CO~ @f? ftlJ[JN C~.I , .. 1ll Pfl~ .tAW J( f, ~ .n lie 1ft 31 .. . . 1~' I 111 ID.ll2S _ .tAlA Cc.-d.- I 111 <A, .-'8 .1 lie lie oftIJ Jft",- ~ ~ CIlOU~'a Ie :~~l' S -I IJll ..-., rJ ~ ~V\"" ~~\) \ So~ ,-, pOI.: "t ." 1)' SU~"i48 ~. ,._1 #; TR lD 1.....442 . .. \!l I. 5' .~ !:! o. .1- 0 3 . Iii 'i! a · 11 III Exhibit A Ordinance 0-99-1144 Special Use Permit LOCATION MAP - CASE 5-99-005 SPECIAL USE PERMIT DESCRIPTION OF PROPERTY TO BE REZONED SITUATED in the City of Colleyville, Tarrant County, Texas and being a tract of land out of the T. J. Polson Survey, Abstract No. 1248 and being the same tract of land conveyed to Centurion American Custom Homes, Inc. by deed as recorded in Volume 12486, Page 2106 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said tract also being Lot 2-R, Block 3 of Village Park, being an addition to the City of Colleyville according to the plat os recorded in Cabinet a, Slide 3715 of the Plot Records of Tarrant County, Texas (P.R.T.C.T.). said tract being herein more particularly described os follows: BEGINNING at a 1/2" iron rod set at the northwest property corner of the said Centurion American Custom tract and at the northeast property corner of 0 tract of land conveyed to Barbara Eudaly Redding by deed os recorded in Volume 10426, Page 529 of the D.R. T.C. T., said point also being on the existing southerly right-of-way line of Glade Road; · THENCE, South 89 degrees 53 minutes 05 seconds East, along the northerly property line of the said Centurion American Custom Homes tract and along the said existing southerly right-of-way line, 189.87 fee to a 1/2" iron rod set at the proposed southerly right-of-way line of Glade Road, said point being at the beginning of a curve to the right whose center bears South 0 degrees 06 minutes 55 seconds West 265.00 feet; THENCE, in easterly direction along said curve and along the proposed southerly right-of-way line of Glade Rood, through a central angle of 33 degrees 58 minutes 20 seconds and on arc length of 157.13 feet to a "+" set on the proposed northwesterly right-of-way line of Village Pork Drive; THENCE, South 48 degrees 02 minutes 33 seconds West, along the said proposed right-of-way line, 100.00 feet to 0 1/2" iron rod found on the southeasterly property line of the said Centurion American Custom Homes tract, said point also being on the existing northwesterly right-of-way line of Village Pork Drive; THENCE, South 48 degrees 02 minutes 33 seconds West, along the said southeasterly property line and the said existing northwesterly right-of-way line, 252.14 feet to the beginning of 0 curve to the right whose center bears North 41 degrees 57 minutes 27 seconds West 365.00 feet; THENCE, in 0 southwesterly direction along said curve and along the said southeasterly property line and along said northwesterly right-of-way line, through a central angle of 9 degrees 40 minutes 16 seconds on an arc length of 61.61 feet to 0 1/2" iron rod set at the southwest property corner of the said Centurion American Custom Homes tract and the most easterly southeast corner of Lot 1, Block 3 of the said Village Park Addition; THENCE, North 01 degree 55 minutes 58 seconds West, in total along the westerly property line of the said Centurion American Custom Homes tract and in part along the easterly property line of the said Lot 1 and in part along the easterly property line of the said Redding tract, a total distance of 247.39 to a 1/2" in rod set for corner; THENCE, North 14 degrees 37 minutes 17 seconds West. continuing along the said property lines, 73.,2 Jeel to the POINT OF BEGINNING. The tract of land herein described contains 1.3233 acres (57,643 square feet) of land, more or less. Exhibit B Ordinance 0-99-1144 Special Use Permit i 'il ~. ., :. ~: \: ~Jri' I~ J~I fa III h liU I~ ; ilr'l! II, i"~ I m'll tt nl! ~; I I r,lIll~ 'I.D , I!j h~ t ~ ~~plf ! I~e I; ~~ fd ~ i ~ iPiI[i mli 'Iii II ,1mB ~ ~:1I I~I I I 111 ~ -. III ,.~ "'I L'1II' I J~ IHJj II" p-j!~ ~I'I 'I~~ ~I ~!I!!!l5!l1~ I ! 61f,1 !t!J fJB ~II"III~' ili i t ;11111: :1j! ~I~ ,Ib il h! Iii u' _I ~ ~.I I J; !~ '~1 ~I .IP. 'Pd 5 ] II J 011 iftL 5! rn ~I RBI 1m P. i . III : I J~II 1p..1'. I ~ 11'1 I~;~ I~!' I r. I ~~ II I I I I .1 I I I I J~ i I'NII I I I 1 I I 1 ! : I'. Q I }Ie ~I I ~I I ~ ~ I I I I I r I I : I I I I I I -=~ 1- ;! Exhibit C Ordinance 0-99-1144 Special Use Permit I IIII !' III iill~~ II : !lliI · · !ill~ I~ · i IS II 1111=..1 I :;~ilt il II!!! ;.rlli .111 !!5il! m I I ISI II!i I I ' \ II \ SPOONER AND ASSOCIATES, INC. REGISTERED PROFESSIONAL LAND SURVEYORS 352 ~ HURST BLVD. HURST, TEXAS 76053 Tel: (817) 282-6981 Fax: (817) 282-7184 December 26, 1998 City of Colleyville 5400 Bransford Road Colleyville, Tx 76034 Re: Village Park Addition zoning change request from CC to SUP Case # . S-Cf't-OO$ Statement of Planning Objectives: The planning objectives for this project is to provide a restaurant, beauty salon and titnes: center for public use in the new building as shown on the zoning exhibit provided and the tract of land shown has been platted for these purposes. One of the objectives of this request for a Special Use Permit is to provide a nice eating establishment that is not necessarily a fast food restaurant with the ability to provide wine along with the served meals. Development Schedule: The majority of the project has already been completed including the new building and parking areas as shown on the exhibit except for the proposed parking area in the temporary drainage easement on the north side of the property. This parking area will be constructed after TXDOT builds their planned box culvert under Glade Road. I believe that the construction of this has been started and should be completed soon. Statement of Proposed Ownership: The current and future owner of the site is Centurion American Custom Homes at 1905 Industrial Blvd. in Colleyville, Texas. Ph. No. 481-2126 Fax No. 421-2385. Statement of Utilities to be Provided: The site is serviced by water and sewer as shown on the exhibit at the southwest comer of the new building. Thank. you and if you have any further questions please call me. Exhibit 0 Ordinance 0-99-1144 Special Use Permit