HomeMy WebLinkAboutOrdinances (O-14-1917)-05/13/2014 ORDINANCE 0-14-1917
AMENDING ORDINANCE 0-10-1782 CONDITIONS; 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 Council approved Ordinance 0-10-1782 on November
16, 2010,. authorizing a package store on Lot 1, Block 1, of the
Atlantic Oil and Gas Addition located at 7990 Precinct Line Road
under zoning case ZC10-026; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-10-
1782 by allowing a change to the Certificate of Occupancy
allowing a new operator; 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 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, among other things, to 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 0-14-1917
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
amending Ordinance 0-10-1782.
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The following amendments to Ordinance 0-10-1782 are
hereby authorized:
(1) Per the requirements of Section 4.1.h of Ordinance 0-
10-1782, a change to the Certificate of Occupancy is
hereby approved such that the operator is changed to
"Charanjit Singh" from "Amer Fakri".
(2) Ordinance 0-10-1782 hereby remains valid and has not
expired, and all provisions of Ordinance 0-10-1782 shall
remain in full force and effect except where amended
herein.
(3) The package store authorized by this SUP and Ordinance
Ordinance 0-14-1917
Page 3 of 4
0-10-1782 shall comply with the provisions of Exhibit
A .
(4) This 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.
Sec. 5. 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. 6. 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. 7. 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 , in order to protect the
public interest, comfort, and eneral 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 6th day of May
2014.
The second reading and public hearing being conducted on the 13th day of
May 2014.
PASSED AND A PPROVED by the ity Council of the City of Colleyville, Texas,
on this the ( day of 2014.
Ordinance 0-14-1917
Page 4 of 4
__ ATTEST: CITY OF COLLEYVILLE
1 ,
/�. /t
I . /
Am .helley, ' MC David Kelly
Y
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
iNt\ C3).
Matthew C. G. Boyle
City Attorney
Exhibit "A"
CRIME PREVENTION RECOMMENDATIONS FOR
CONVENIENCE STORES AND PACKAGE STORES
Purpose
The purpose of these recommendations are to protect the health, safety, and welfare of
the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the
escalation of crime, and increasing the successful prosecution of crime that may occur
in a convenience store or package store in the City. To this end, these
recommendations address best practices in crime prevention through environmental
design including height markers, visibility into and around the business, alarm systems,
physical security, drop safes, surveillance camera systems, and minimum staffing
requirements.
Definitions
Unless otherwise expressly stated, the following terms shall, for the purposes of these
recommendations, have the meanings indicated in this section:
"Convenience Store" means an establishment designed, intended, adapted or used
primarily to provide for consumer shopping of a brief duration, characterized by a limited
product mix (generally emphasizing prepared and snack foods, beverages, tobacco
products or gasoline/motor vehicle fuel), close-in parking, and limited retail space.
"Drop Safe" means a cash management device in which money can be deposited
without the depositor having access to the contents.
"Employee" means any person listed on the payroll of a convenience store or package
store as an employee, whether part-time, full-time, permanent, or temporary. The term
does not include a person providing only janitorial or security services to the store.
"Height Marker" means a measuring strip that is attached on or near the door frame of
doors used for ingress and egress to the store to aid in identifying the height of a person
suspected of committing a crime.
"Package Store"means a retail establishment that sells "liquor", as defined by the
Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise
consumption.
"Manager" means the person designated as the supervisor or person in charge of the
operations of the store.
"Owner"means the person or persons who hold title to, leases or has a possessory
interest in property for the purpose of operating a convenience/package store.
Height strips
A convenience/package store shall have height strips posted at all public exits to aid in
9 P P P
obtaining a physical description on any suspicious person or suspect in a criminal
offense.
Visibility
A) A convenience/package store shall maintain an unobstructed line of sight
allowing a clear view of and from the cash register and sales transaction area
through all windows and public access doors. Such windows and doors must be
clear of all items that would obstruct a clear view including, but not limited to,
tinting, signage, advertisements, shelving, and merchandise. Such unobstructed
line of sight must, at a minimum, extend from three feet above the ground to at
least six feet above the ground.
B) Landscaping shall be maintained in a manner that allows an unobstructed view of
all windows and doors in an attempt to prevent blind spots or places of
concealment.
Alarm system
A)A convenience/package store shall have a silent panic or holdup alarm system
for which a permit has been issued by the City. This system shall, at a
minimum, include a panic button located within reach of the cash register and
out of view of the customer. Such panic button will generate an alarm signal
indicating a holdup or other life-threatening emergency requiring a police
department response.
B)A convenience/package store shall have posted at all public exits and entrances
signs or decals indicating that a security alarm system is in use.
Entrances and Exits
A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40
inches of a breakable surface must be a double cylinder lock.
B) Service or delivery entrances shall be equipped with an exterior, high resolution
digital video camera or a "peep hole", which enables employees to visually
observe the area immediately outside the door.
Drop safe
A) A convenience/package store shall have a drop safe on the premises to keep the
amount of cash available to employees to a minimum. A drop safe must be
bolted to the floor and may have a time-delay mechanism to allow small amounts
of change to be removed.
B) A convenience/package store shall have a written cash accountability policy
mandating the maximum amounts of cash that can be kept in cash registers.
C) A convenience/package store shall have posted, at or near the point(s) of sale,
decals or signs indicating that employees cannot open the safe and that
employees have minimum cash on hand.
Surveillance camera system
A) A convenience/package store shall have a minimum of two, color digital high-
resolution surveillance cameras. One camera must have an overall view of the
counter/register area and the other camera a view of the main entrance/exit area
and both shall display the correct date and time of the recording.
B) The entrance/exit area camera shall be placed to provide a clear and identifiable
full frame of the filmed individual's face.
C) The cameras shall be operated at all times including hours when the store is not
open for business.
D) The owner or manager shall provide the police department, upon request, digital
color images in connection with any criminal investigation.
E) The owner or manager shall maintain a library of the recorded digital images for
not less than 30 days.
F) A convenience/package store shall have posted, at or near the point(s) of sale,
signs or decals indicating that surveillance cameras are in use.
Minimum Staffing
(A)A convenience/package store will maintain a minimum staffing of at least two (2)
employees on-site at all times when the business is open.