HomeMy WebLinkAboutOrdinances (O-96-1044)-09/03/1996
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ORDINANCE 0-96-1044
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF 7.24 ACRES OUT OF THE THOMAS J. POLSON
SURVEY, ABSTRACT 1248, TRACTS 1A3, 1A2, 1A4A, 1E2A3, 1E2B, 1E2, 1E2A,
1E2C, 1E1, 1A1, 1A6A, 1A7B, 1A7, AND THE T.J. CHRISTIAN SURVEY,
ABSTRACT 275, TRACT 1A, AND LOT 2, BLOCK 1, BRANSFORD ROAD
ELEMENTARY SCHOOL ADDITION, IN THE CITY OF COLLEYVILLE, TEXAS
FROM THE CC-1 (VILLAGE RETAIL) DISTRICT TO THE CC-2 (SHOPPING
CENTER) DISTRICT WITH A SPECIAL USE PERMIT FOR A RESTAURANT
I OVERLAY DISTRICT TO ALLOW ALCOHOLIC BEVERAGE SALES FOR ON- ,
I PREMISE CONSUMPTION ON A 5.578 ACRE PORTION OF SAID CC-2 DISTRICT; II
: I PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
I' WHEREAS, an application for zoning change was filed by Sam Brous for Bud Sellers I
I on July 16, 1996 under Case No. Z-96-087; and,
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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 I
such hearing; and,
WHEREAS,
notices were posted on the subject land as provided by the zoning .
ordinance; and, I
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public hearings to change the zoning and the Master Plan on the property I
herein described were held before both the Planning and Zoning I
Commission and the City Council, and the Planning and Zoning I
Commission has heretofore made a recommendation; and,
WHEREAS,
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 I
Ordinance and is in the best interest of the citizens of the City of I
Colleyville; I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
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Ordinance 0-96-1044
Page 2 of9
Sec. 1.
Sec. 2.
THAT the Master Plan, the Zoning Ordinance of the City of Colleyville,
Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, by changing the zoning of the property described by
metes and bounds in Exhibit B as Parcel A-1, Parcel A-2 and Parcel B
from the CC-1 district to the CC-2 district; and by adopting a Special Use
Permit for a Restaurant Overlay District to allow alcoholic beverage sales
for on-premise consumption on Parcel A-1 and Parcel B, together with all
site plans, 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, which is
Attachment 1 to this ordinance and the Statement of Planning Objectives
which is Attachment 2 to this ordinance, and subject to the following
conditions:
A. All zoning exhibits are conceptual only and future permits are
subject to all applicable zoning and building codes.
B. All uses allowed in the CC-2 district shall continue to be allowed.
C. The maximum percentage ratio of alcohol to food sales shall be 40 II
to 60.
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D. Cross access easements shall be mandatory on all plats in the
district.
E. The minimum design score for any building in the district shall be
30 points, and the exterior wall surface area of each building,
exclusive of windows and doors shall be 75 percent brick or
natural stone veneer with a material thickness of not less than 3
inches. An applicant for a permit to construct a building which
does not meet the minimum design score and/or the veneer
composition, area or thickness may present an appeal to the
Planning and Zoning Commission in accordance with the process
outlined in Section 24.17(H) {0-95-1013} of the Colleyville Zoning
Ordinance.
F. The Special Use Permit is granted for restaurant use only.
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 and accompanying official Zoning Map thereto 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.
Ordinance 0-96-1044
Page 3 of9
Sec. 3.
The City Secretary is hereby authorized and directed to cause publication
of the descriptive caption and penalty clause hereof as an alternative
method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
fJ'{fIl.51 , 1996.
The second reading and public hearing being conducted on the
lS'fJfeAJiJpf ,1996.
2ot!-
day of
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ATTEST:
J n Harris, CMC
City Secretary
Ed Baker
Mayor
~VED AS TO FO. RM AND LEGALITY:
f- -~
Ross T.toster
City Attorney
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PARCEL A-l
PROPERTY DESCRIPTION
BEING A 4.782 ACRE TRACT OF LAND SITUATED IN THE THOMAS J. POLSON SURVEY, ABSTRACT NO. 1248,
AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO BUD SELLERS, AS RECORDED IN VOLUME 10483,
PAGE 1612, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID 4.782 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY RIGHT -OF - WA Y LINE OF CENTER PARK DRIVE AND THE SOUTHEAST
CORNER OF LOT 1, BLOCK 1, BRANSFORD ROAD ELEMENTARY SCHOOL ADDITION, AN ADDITION TO THE CITY OF
COLLEYVlLLE ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 1164, PLAT RECORDS, TARRANT COUNTY,
TEXAS;
THENCE NORTH 45'28'00" EAST, LEAVING SAID RIGHT-OF-WAY LINE AND ALONG THE EASTERLY LINE OF SAID
LOT 1, BLOCK 1, BRANSFORD ROAD ELEMENTARY SCHOOL ADDITION, A DISTANCE OF 632.31 FEET TO A POINT;
THENCE CONTINUING NORTH 45'28'00" EAST, 321.66 FEET TO A POINT;
THENCE SOUTH 11'05'17" WEST, CONTINUING ALONG SAID WEST LINE OF LOT 1, BLOCK 1, KAYBIRD ADDITION,
A DISTANCE OF 7.74 FEET TO A "X" CUT IN CONCRETE AND SAID POINT BEING THE NORTHWEST CORNER
OF LOT 2, BLOCK 1, KAYBIRD ADDITION, RECORDED IN CABINET B, SLIDE NO. 1306, PLAT RECORDS, TARRANT
COUNTY TEXAS;
THENCE SOUTH 12'54'09" WEST, ALONG THE WEST LINE OF SAID LOT 2, BLOCK 1, KA YBIRD ADDITION,
A DISTANCE OF 101.17 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT WHOSE RADIUS IS
128.00 FEET AND LONG CHORD BEARS SOUTH 15'48'35" EAST, 122.99 FEET;
THENCE CONTINUING ALONG SAID WEST LINE OF LOT 2, BLOCK 1, KA YBIRD ADDITION AND ALONG SAID CURVE
IN A SOUTHEAST DIRECTION THROUGH A CENTRAL ANGLE OF 51'25'29", AN ARC LENGTH OF 128.29 FEET TO
A 5/8" IRON PIN FOUND;
THENCE SOUTH 44'31'20" EAST, CONTINUING ALONG THE WESTERLY LINE OF SAID LOT 2, BLOCK 1, KA YBIRD
ADDITION, A DISTANCE OF 92.68 FEET TO A 5/8" IRON PIN FOUND IN THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF COLLEYVlLLE BLVD. (S.H. NO. 26 /100 FOOT RIGHT-OF-WAY);
THENCE SOUTH 45.28.00" WEST. ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 737.87
FEET TO A POINT;
THENCE NORTH 89'54'20" WEST, CONTINUING ALONG SAID RIGHT--OF-WAY LINE, A DISTANCE OF 32.32 FEET TO
A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE OF CENTER PARK DRI\lE;
THENCE NORTH 44'33'03" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 31.77 FEET TO
A POINT AT THE BEGINNING OF A CURVE TO THE LEFT WHOSE RADIUS IS 532.00 FEET AND LONG CHORD BEARS
NORTH 53'39'00" WEST, 137.44 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT -OF -WA Y LINE AND ALONG SAID CURVE IN A NORTHWESTERLY
DIRECTION THROUGH A CENTRAL ANGLE OF 14.50'37", AN ARC LENGTH OF 137.83 FEET TO A POINT;
THENCE NORTH 61.04'19" WEST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 72,17
FEET TO THE POINT OF BEGINNING AND CONTAINING 208,343 SQUARE FEET OR 4,782 ACRES OF LAND.
ORDINANCE 0-96-1044
EXHIBIT "B"
PARCEL A-2
PROPERTY DESCRIPTION
BEING A 1.662 ACRE TRACT OF LAND SITUATED IN THE THOMAS J. POLSON SURVEY. ABSTRACT NO. 1248,
AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO BUD SELLERS, AS RECORDED IN VOLUME 10483,
PAGE 1612. DEED RECORDS, TARRANT COUNTY, TEXAS, SAID 1.662 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH CORNER OF LOT 2, BLOCK 1 BRANSFORD ROAD ELEMENTARY SCHOOL
ADDITION, AN ADDITION TO THE CITY OF COLLEYVlLLE ACCORDING TO THE PLAT RECORDED IN CABINET A,
SLIDE 1164. PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 22'47'45" WEST, CONTINUING ALONG SAID EASTERLY LINE OF LOT 1, BLOCK 1, BRANSFORD
ROAD ELEMENTARY SCHOOL ADDITION, A DISTANCE OF 355.30 FEET TO A POINT;
THENCE SOUTH 89'50'05" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 314.23 FEET
TO A 1/2" IRON PIN AT THE BEGINNING OF A CURVE TO THE LEFT WHOSE RADIUS IS 390.00 FEET AND
LONG CHORD BEARS NORTH 85'33'52" EAST, 62.56 FEET;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE AND SAID CURVE IN A NORTHEAST DIRECTION
THROUGH A CENTRAL ANGLE OF 09.12'05", AN ARC LENGTH OF 62.63 FEET TO A POINT AT THE NORTH-
WEST CORNER OF LOT 1, BLOCK 1, KAYBIRD ADDITION, RECORDED IN CABINET A, SLIDE NO. 1988, PLAT
RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 00'30'35" WEST, LEAVING SAID SOUTH RIGHT-OF-WAY LINE AND ALONG THE WEST LINE
OF SAID LOT 1, BLOCK 1, KA YBIRD ADDITION, A DISTANCE OF 59.34 FEET TO A POINT;
THENCE SOUTH 11"05'17" WEST, CONTINUING ALONG SAID WEST LINE OF LOT 1, BLOCK 1, KA YBIRD ADDITION,
A DISTANCE OF 47.44 FEET TO A POINT;
THENCE SOUTH 45.28'00" WEST, 321.66 FEET TO THE POINT OF BEGINNING AND CONTAINING 72,418 SQUARE
FEET OR 1.662 ACRES OF LAND.
ORDINANCE 0-96-1044
EXHIBIT "B"
PARCEL B
PROPERTY DESCRIPTION
BEING 0.796 ACRES OF LAND SITUATED IN THE T.J. POLSON SURVEY, A-1248 AND THE T.J. CHRISTIAN SURVEY,
A-275, TARRANT COUNTY, TEXAS. SAID ACREAGE BEING A PORTION OF A TRACT OF LAND CONVEYED TO
BUD SELLERS ACCORDING TO THE DEED RECORDED IN VOL. 10483, PG. 1612 DEED RECORDS, TARRANT COUNTY,
TEXAS. SAID ACREAGE BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON PIN FOUND AT THE NORTHEAST CORNER OF LOT 1, BLOCK 2, KAYBIRD ADDITION
CABINET B, SLIDE 1292, ALSO BEING THE SOUTH LINE OF LOT 1, BLOCK 2 BRANSFORD ROAD ADDITION TO THE
CITY OF COLLEYVILLE CABINET A, SLIDE 1298, PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE N 45'30'11" E ALONG THE SOUTHEAST LINE OF SAID LOT 1, A DISTANCE OF 158.60 FEET TO A 5/8'
IRON PIN SET IN THE SOUTH ROW LINE OF CENTER PARK DRIVE ( 64' ROW)
THENCE ALONG THE SOUTH ROW LINE OF CENTER PARK DRIVE THE FOLLOWING COURSES AND DISTANCES;
S 51'42'55' E, 26.82 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT WHOSE RADIUS IS
468.00 FEET AND WHOSE DELTA IS 14'50'57"; AND WHOSE LENGTH IS 121.29 FEET;
S 44'32'23" E, 31.77 FEET;
S 00'51'27" W. 32.30 FEET TO THE AFOREMENTIONED ROW LINE OF COLLEYVILLE BLVD.;
THENCE S 45'28'40" W ALONG SAID R-O-W LINE ,157.08 FEET TO A POINT;
THENCE N 44'31'20" W ALONG EAST LINE OF LOT 1, BLOCK 1, KAYBIRD ADDITION 200.18 FEET TO THE POINT
OF BEGINNING AND CONTAINING 34,693 SQUARE FEET OR 0.796 ACRES OF LAND.
ORDINANCE 0-96-1044
EXHIBIT "B"
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ORDINANCE 0-96-1044
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ORDINANCE 0-96-1044
ATTACHMENT "1" - CONCEPTUAL SITE PLAN
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DUNAWAY ASSOCIATES, INC.
ENGINEERS. PLAKKERS . SrRVEYORS
Job #9602901
August 8, 1996
STATEMENT OF PLANNING OBJECTIVES
The purpose of the following Zoning Request is due to the recent change of"CC"
to "CC-1" which eliminated the likely prospective uses of the property of
restaurants with drive-thrus and sale of on-site consumption of alcohol. It is
necessary to request the zoning change from "CC-1" to "CC-2" with a Special Use
Permit (SUP).
DEVELOPMENT SCHEDULE
Development of the Dickey's site is expected to commence upon closing of the sale
in September. The balance of the property is expected within the next 24 months,
subject to sales to prospective users.
PROPERTY OWNERSHIP
Current ownership of the property is by Bud Sellers with the pending sale of one
parcel to Dickey's BBQ. The proposed balance of the propertyis unknown at this
time of the application.
UTILITIES
There is existing water and sanitary sewer facilities on and near the site along
Colleyville Boulevard (Hwy. 26) and along the rear or north side of the property.
The new users will each install separate service lines from these existing mains.
Sam Brous
(Agent for owner)
~~~ D:!3.9b
1501MERRIMACCIRCLE. SUITE 100 . FORT WORTH, TEXAS 76107.6572 . (817)335-1121. METRO (817) 429-2135 . FAX (817) 335-7437