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Home My WebLink AboutOrdinances (O-95-0994)-08/01/1995 ORDINANCE 0-95-994 N ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING HE ZONING OF A 3,000 SQUARE FOOT CONVENIENCE STORE TO BE ONSTRUCTED ON 0.8063 ACRES AT THE NORTHEAST CORNER OF BROWN TRAIL ND COLLEYVILLE BOULEVARD KNOWN AS LOT 4B, BLOCK 1, BROWN TRAIL I EST ADDITION TO THE CITY OF CO LLEYVILLE, TEXAS FROM THE CC I COMMUNITY COMMERCIAL) DISTRICT TO THE CC (COMMUNITY COMMERCIAL) I ISTRICT WITH A SPECIAL USE PERMIT TO ALLOW BEER AND WINE SALES FOR FF PREMISE CONSUMPTION; PROVIDING A PENALTY AND AUTHORIZING I UBLlCATION. rHEREAS. I an application for zoning change was filed by Sammy Eskander, on May 24,1995 under Case No. 5-95-004; and, 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, 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, notices were posted on the subject land as provided by the zoning ordinance; and, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council; and, 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 (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as a 3,000 square foot convenience store to be constructed on 0.8063 acres at the northeast corner of Brown Trail and Colleyville Boulevard known as Lot 4b, Block 1, Brown Trail West addition to the City of Colleyville, Texas by changing the zoning of said property from rdinance 0-95-994 age 2 of 6 the CC (Community Commercial) district to the CC (Community Commercial) district with a Special Use Permit to allow beer and wine sales for off- premise consumption 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: those statements and restrictions set forth in Section 3 below, and in the Statement of Planning Objectives from the applicant, Sammy Eskander, which is Attachment 1 to this ordinance; the site plan which is Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes; and ec. 3. THAT in addition to all requirements set forth in this ordinance and its exhibits and attachments, the following conditions shall apply: 1. That the drive approach on SH 26 be constructed in accordance with the access restrictions on the Final Plat of Brown Trail West Addition. 2. That the total horizontal retail display space allotted to the sale of beer and wine not exceed 600 square feet, including coolers and floor. Beer and wine storage space in areas not accessible to the general public is not restricted. 3. That if the Specific Use Permit is not executed within one year of City Council approval, the status of the SUP will be reviewed by The Planning and Zoning Commission and the City Council for the purpose of allowing the applicant to show cause why the SUP should continue. 4. That following execution of the original SUP, if the use is vacated for a period of 6 months, the status of the SUP will be reviewed by The Planning and Zoning Commission and the City Council for the purpose of allowing the applicant to show cause why the SUP should continue. 5. That all lighting on the site be directed away from residential developments. Sec. 4. 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. II I rdinance 0-95-994 age 3 of 6 ec. 5. 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. NO IT IS SO ORDERED. he first reading and public hearing being conducted on the5 * day of <...) 11/ y 995. second reading and public hearing being conducted on the ~ day of u. , 1995. third reading and public hearing being conducted on the I sj day of f , 1995. )J~ CITY OF COLLEYVILLE ?IU e n Harris, CMC ity Secretary Ed Baker Mayor OVED AS TO FORM AND LEGALITY: y=Jh- l IIIROSS T. Foster I City Attorney I 'I <- ',,- ,~ / " " UD- R 3 i ~-4OC 2A 2K ~~/, 7 CC "y4"y 1 Cl1TCRPAR> ~~' C / ~'4,% CC / 3 1\1'10 /...". · / , /I,i lL.r /~v'''--'' BPpeCr7)' /6~@AS No. S-95-004 '" 'I x /~/ 2J1 3 , " ORDINANCE No. 0-95-994 EXHIBIT A "_"'_'_"__~'-I"~__.._~__.H__'_""_._'__'_'____~"____-.------...-..-.,~-~---.-..---...'- PROPERTY USE NARRATIVE FOR LOT 4B BLOCK 1 BROWN TRAIL WEST The applicant/prospective buyer ""ishes to develop the subject property as a site for a convenience store, carwash and gasoline sales. This will consist of a 3,000 square foot convenience store building to face Colleyville Boulevard (State Highway 26), a seperate 18' x 36' automated car wash building and a seperate detached canopy with six gasoline dispensers located on three parallel pump islands. The access to the property will be from one approach along Colleyville Boulevard and two approaches from Brown Trail. There will also be access to the site from adjacent propery via mutual access easements. The owner also wishes to obtain a Beer and W me Liscense through the Zoning Request process for a Special Use Pennit in order to sell those items in the convenience store. Subject to approval of the site plan and subsequent building plans approved by the City ofColleyville, the approximate date for construction of the proposed development is July 1995 and to be completed within 60 days of the construction start. The present owner of the subject property is HI-LO AUTO SUPPLY, LP. The proposed owner of the subject property is Sammy Eskander. The applicant proposes to provide water and sewer to the development at the time of construction of the proposed convenience store, carwash and canopy. The following signatures certify that the infonnation presented in all of the plans and supporting documents reflect a reasonably accurate portrayal of the general nature, character and feasibility of the applicant's proposals. Sammy Eskander ,\ ~ ~ ~~ Date: 5 - '- , -"'\ :: Title: APPlicantlPr..!dpect1ve Owner Carlos Salinas ~4 ~~_ Date: 5" - Z 3 - ., 5" Title: Preparer ORDINANCE No. 0-95-994 ATTACHMENT 1 I ,I F. J .si i I ~'l .~ ' } · U. I J~ 3 . rlI ~ i J b t~ ~ 1 ~ j ,~t i I :m \ J;j J! ~I l!ii ! ,} 1l,I ~ " d I ~l Ji( U' ill mt j ~ ft.l 1 , r I,: ~lt nl\ ~ ,t! Ik ~_ ,,~l 'If n nil ~ ~ ~; h f ~ lilt {:J: ..~ 1ft"' F.' . ~ P.it ' I 11'-' ,~I. ill I jtJJ ~ ~ J ~I ~~ ~f! n J; ~~i 11 ~., Ii I ~ III ~ ~ .~ I;J 111 11;1 C,lf ,I _ ~w; I ~!! r ~ ! ,~ ~1t J~ .,~ IJ. I~!rri II:j ~: ~ Ilrra f ! ~. i Is I ~~"I"rnl'l 'PJ ~, m flit ~oo~J ~ 'I LW~l ~ I ,f II; ,I , , ';f!il' tt...!1l1'il .... .!' I J ,.,1 .' P. ~jI[.~ t jI lj~ ~ 1 ili;',il . IS , ,.:J,!,., at .,' I .s,',. ~ r:J i mJ ~ Ipl! ~ ll~ P-I UI ;tHJ t. ~I HI! j f I ii!U om Ub f! ~ ~I ~ '!liB rli l1ill II I!!' III $ - - - -.......--....~ - - - - - - - 1 n"ti ~ I' 15u;~i~ I!- A ~r",! I U8ii I ~lI!~!~ -;1 I !!!3 ~~\:J=~ !i~ I ...!~alJj I-t I ~ i I ~i~~~ 91~ ! .~-'1I= "'~~a:'" .. I .....crOI.l. I .J .aew .....l5 I aUflSW ! 1111"'b I 41c. i r..n i IIIII~!~ I I I . , hiSS! ...... ..~..~ b I I 10:1 '~ I~ ,Z I~ 0: 'ttl ! I 1 I 5l ....~I... !l"'~SJ ~t;I^3>rOE 3rIAA3T1(]J ~ i I I . ~:I~ * ORDINANCE No. 0-95-994 ATTACHMENT 2 I I , -- I IliI I ~f I ~ hit ~ d f~li ~ I~I' II aM ~ "I i 1 I I I ~ I ! - I : gill ~ 1'111 ~ Ij~ ;) I~ ~ ~j x. : I ~ g ~ i ~ I \L- ~ ~ i r