HomeMy WebLinkAboutOrdinances (O-14-1922)-08/19/2014 WITHDRAWN BY APPLICANT AUGUST 19, 2014
ORDINANCE 0-14-1922
AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE,
TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING
THE ZONING ON 2.54 ACRES ON LOTS 1OR AND 11R, BLOCK 1, ANDY
FELPS ADDITION, FROM THE CN - NEIGHBORHOOD COMMERCIAL
ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT
COMMERCIAL ZONING DISTRICT; BY AUTHORIZING A SPECIAL USE
PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE
CONSUMPTION; PROVIDING A SAVINGS 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 a rezoning
under Case No. ZC14-010; and
WHEREAS, has received an application for on-premise consumption of
alcohol under Case No. ZC14-011; 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
HEREAS, 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
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Ordinance 0-14-1922
Page 2 of 5
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
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 2.54 acres on Lots 1OR and 11R, Block 1,
Andy Felps Addition, from the CN-Neighborhood Commercial
zoning district to the PUD-C-Planned Unit Development
Commercial zoning district, and authorizing a Special Use Permit
for the sale of alcoholic beverages for on-premise consumption,
as depicted in the attached Exhibits "A" and "B".
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 uses shall be permitted: weddings, business,
conference, birthday, graduation, anniversary, or other
special receptions, or party events.
b. The development shall be permitted to provide 38% of the
total landscape area within the street yard.
Ordinance 0-14-1922
Page 3 of 5
c. A portion of the pavement surrounding the proposed
fountain extends approximately 10-feet beyond the
property line and encroaches into City right-of-way. Prior to
issuance of a building permit, approval by the Director of
Public Works of a Right-of-way Permit is required for any
building encroachments. All maintenance and ownership of
the improvements shall be the responsibility of the
property owner.
d. All new buildings must comply with the provisions of
Chapter 6-Commercial Building Design in the Land
Development Code.
e. Hours of operation shall be: Sunday through Thursday,
9:00 a.m. to 9:00 p.m.; and Friday through Saturday 9:00
a.m. to 11:30 p.m.
f. All outdoor operations shall cease no later than 9:00 p.m.
g. Mutual access easements shall be shown on future site
plans and plats to permit shared access to the adjacent
properties to the east and west.
h. The Special Use Permit shall apply to the sale of alcoholic
beverages for on-premise consumption in conjunction with
the special events venue only.
i. Whenever any alcoholic beverages are served and/or are
present on the premises in conjunction with any event
authorized by this ordinance, an off-duty police officer shall
be present on the subject property during the duration of
said event.
j. The 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.
k. The proposed development is subject to all the regulations
contained in the Land Development Code, except as
amended by this ordinance.
Ordinance 0-14-1922
Page 4 of 5
I. This development shall be generally consistent with the
Statement of Planning Objectives, attached as Exhibit "C".
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 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. 8. 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. 9. 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.
ND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 15th day of
July 2014.
The second reading and public hearing being conducted on the 19th day of
August 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the day of 2014.
i
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777
Ordinance O- 4-1922
age 5of5
ATTEST: CITY OF COLLEYVILLE
Amy - elley, TRMC /David Kelly
Ci Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
n //
ik\+, (71
Matthew C. G. Boyle
City Attorney
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Exhibit "A" - Location and Zoning Map
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Exhibit C - Statement of Planning Objectives
Statement of Planning Objectives
Enchanted Venue
125 Acuff
Block 1 LotslOR and 11R Felps,Andy Addition
Enchanted Real Estate Management LW is in process of acquiring lots 1OR&11R of Block 1 of the
Andy Felps Survey.The approximately 25 acres is located in a transitional commercial area.
The land uses proposed includes a new events venue for 200 guests approximately 7,000 sqft with
an approximately 2600 sqft covered area, a second events venue for 60 guest approximately 1,400
sqft,an open green space and amphitheater for an outdoor event,and a 75 foot long bridge over the
enhanced existing pond. Parking is calculated at 1 per 3 occupants and is provided on site The site
is screened from adjacent residential neighbors with an 8 foot high masonry fence and 25 foot wide
landscape buffer.
The intended land uses will allow for an assembly usage with both indoor and outdoor settings_
Events to be provided for include weddings,business retreats and meetings,and general social
function&
Impact to neighboring communities has been carefully reviewed. ft is important to the owners to
maintain an emphasis as a good neighbor_The existing residential community surrounding the
property will have an eight foot masonry fence barrier as well as a twenty five foot minimum deep
landscape buffer planted in a free form or natural style. Existing trees will be maintained where
possible_
The owner intends to sell alcoholic beverages for(mite consumption.There will be music played
during some events and is the owners intent to follow all city noise standards and ordinances_
General landscaping and landscaping accents will be provided throughout the site for enhancement
and beautification of the land.The site will be irrigated throughout.All lighting on site wilt be around
buildings,bridge,low walkway lights,and 8'decorative pole lighting in keeping with the park like
setting.