HomeMy WebLinkAboutOrdinances (O-95-1008)-12/05/1995
II
II
ORDINANCE 0-95-1008
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING
, THE ZONING OF A 9,504 SQUARE FOOT BUILDING ON LOT 1 BLOCK 1, KAYBIRD
ADDITION, AN ADDITION TO THE CITY OF COLLEYVILLE, TEXAS FROM THE CC
(COMMUNITY COMMERCIAL) DISTRICT TO THE CC (COMMUNITY COMMERCIAL)
DISTRICT WITH A SUP (SPECIAL USE PERMIT) TO ALLOW BEER AND WINE SALES
FOR OFF PREMISE CONSUMPTION; PROVIDING A PENALTY; AND AUTHORIZING
PUBLICATION.
WHEREAS, an application for zoning change was filed by Commercial Net Lease Realty
Inc.lEckerd Drug, on September 20,1995 under Case No. S-95-006; 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,
I 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 both the Planning and Zoning
Commission and the City Council; 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 (as indicated in Exhibit A) are
hereby amended insofar as they relate to certain land located in Colleyville,
Texas, described as a 9,504 square foot building located on Lot 1, Block 1,
Kaybird Addition, an addition to the City of Colleyville, Texas by changing
the zoning of said property from 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,
Ordinance 0-95-1008
Page 2 of 6
Sec. 2.
II
Sec. 3.
Sec. 4.
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 2 below, and in the Statement of Planning Objectives from the
applicant, Commercial Net Lease Realty, Inc.lEckerd Drug, 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
THAT in addition to all requirements set forth in this ordinance and its
exhibits and attachments, the following conditions shall apply:
1. That no drive through sales of alcohol will be permitted.
2. That the total horizontal retail display space allotted to the sale of
beer and wine will not exceed 75 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.
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 ($2,000.00). Each and every day such
violation continues shall constitute a separate offense and shall be
punishable as such.
The City Secretary is hereby authorized and directed to cause publication
of the descriptive caption and penalty clause hereof as an alternative
method of publication provided by law.
AND IT IS SO ORDERED.
I!
Ordinance 0-95-1008
Page 3 of6
The first reading and public hearing being conducted on the
Nnvemhe( ,1995.
T?V; second reading and public hearing being conducted on the
oY'tmbel ,1995.
The third reading and public hearing being conducted on the
Dtturt hlJ , 1995.
ATTEST:
nAJ~_tJ~
. ~;s~ CMC
City Secretary
CITY OF COLLEYVILLE:
!)dL
Ed Baker
Mayor
'4E*RM AND LEGALITY:
Ross T. Foster
City Attorney
'it! day of
o;/$,I- day of
5/j. day of
I WOOD
~~~\l..
SH
GI \ I . E,iV'....- V
GO~L:
o G EJ::(
f<fb 5
SUP 1
&
R r
-L,
R-MF
SUP
EXHIBIT A
0-95-1008
PROPOSED CHANGE FROM CC
TO CC-SUP FOR BEER AND WINE - OFF PREMISE CONSUMPTION
STEVE BREWER, MANAGER ECKERD DRUG #3335
SPECIAL USE PERMIT APPLICATION
4814 COLLEYVILLE BOULEVARD
COLLEYVILLE, TX
LEGAL DESCRIPTION
See "Zoning Application".
PLANNING OBJECTIVE
We are requesting a Special Use Permit for the purpose of selling beer and wine
for off-premise consumption. The total maximum amount of space for display will
be 75 square feet (0.9% of the retail floor space). There will be no drive-thru sales
of beer and wine.
LAND USE/DEVELOPMENT
In Lot 1, Block 1 of the Kaybird Addition, a 9504 square foot building at 4814
Colleyville Boulevard was given for lease by Commercial Net Lease Realty,lnc.
for Eckerd to operate a retail drug store.
DEVELOPMENT SCHEDULE
Upon completion of construction of the building at 4814 Colleyville Boulevard
owned by Commercial Net Lease Realty, Inc., Eckerd occupied the building and
began operating the drug store in June of 1995.
PRESENT/PROPOSED OWNERSHIP
Eckerd has signed a long-term lease on the building at 4814 Colleyville Boulevard
owned by Commercial Net Lease Realty, Inc. No future owners have been
proposed for this building.
CERTIFICATION
I, Ann Napper, Eckerd Financial Coordinator, certify the information 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.
tl~~~Izc<../fk L Date: / ';/J/9J-
Ann Ni!2P~:"':::~
Eckerd F~l!~ ~rdinator
,~ -a-?r"Y~ Date: /~4'L.j_l~-
Steve~ Bre'N.~r, -Appncant
Manager. Eckerd Drug ~
- - --- ~- ORDINANCE 0-95-1008
ATTACHMENT 1
~
~
i Q,
i
lo.,
...
~
s:
~.
i ,.,.
,.
Ii
Ui! i
a i!UI ; i
Ihn I i
:Ill
I .~ f:S 1111111
d!l!I I I 2
= I !
.
.
..
~.
i
19
i~
ai
~l
"""
............
.........
All
lie
,
I
,
I
I
,
J
,
I
,
,
I
I
I
J
.
,
,
,
J
,
,
I
,
,
,
I
I
I
,
.,
,
,
~ !
,
I
\
\
,
I
\
,
\
\
\
,
\
-- -_..-'.\...--~--
..- -----~------
\
\
,
,
\
\
\
,
\
\
\
\
\
\
\
\
,
\
'! \ I)"
~ \ . JI .
i .!\ < ~ ~
: : j I 0 !\ ;;
! I a: !I~~!-
I 1 ':1-
__ ,2,11.;1':
-- ____.:_______J. . j l' ~ ~I-
_ ____::::=:::.:.c--- C i';
_ I ---. 1 I. j
Q : :,J < j',
. ' . I. ..J ,:;
i : : ~II ~ ::i
" Ii
~
. I
.1
',..
,~
;.'
ORDINANCE 0-95-1008
ATTACHMENT 2