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Home My WebLink AboutOrdinances (O-07-1631)-09/04/2007DENIED SEPTEMBER 4, 2007. ORDINANCE 0-07-1631 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOTS 1-4, BLOCK 1, C-D SUBDIVISION, FROM THE CN-NEIGHBORHOOD COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT AND SPECIAL USE PERMIT FOR ALCOHOL SALES FOR OFF-PREMISES CONSUMPTION ONLY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY 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. Z-07-027; 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 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 Ordinance 0-07-1631 Page 2 of 5 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 Lots 1, 2, 3 and 4, Block 1, C-D Subdivision, from the CN-Neighborhood Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district and a Special Use Permit for Alcohol Sales for Off-Premises Consumption, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". The Specific Use Permit granted herein is authorized for a term consistent with the Certificate of Occupancy issued for the car wash. The Specific Use Permit shall automatically expire upon the expiration or termination of the Certificate of Occupancy for the car wash: 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 purpose of this PUDC is for a car wash, paintless dent repair, automobile detailing and windshield repair. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B"; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Ordinance 0-07-1631 Page3of5 Colleyville a Replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 3. OPEN SPACE a. This development shall provide a minimum of 31 % common open space, as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. b. The fountain shown on Exhibit "B" shall consist of a working decorative aeration component that shall be in operation, at a minimum, during business hours. c. The distribution of landscaping on the property shall be in accordance with Chapter 4 Landscaping and Buffering in the Land Development Code, unless required otherwise by this ordinance. 4. SIDEWALKS AND PATHWAYS a. The sidewalk along Colleyville Boulevard must be at least 5-feet wide. A 4-foot wide sidewalk is required along the frontage of Tarrant Lane. The sidewalks must be installed when any new structures are built on the property. 5. OTHER a. The exterior building design shall be in accordance with the Artist's Rendering of Building, labeled as Exhibit "C". b. The parking lot lighting shall be of aboxed-canned design. c. A cross-access easement, constructed to the specifications described in the Land Development Code, shall be maintained between this property and the adjacent property on the north side of this property situated along State Highway 26. d. The vacuum/drying area shall operate with a single central vacuum system that is enclosed. The vacuum lines to the finish area shall be to underground insulating sound levels. e. Vacuum lines shall be removed from the vacuum connector at the end of each business day. 6. SPECIAL USE PERMIT FOR SALES OF ALCOHOL FOR OFF-PREMESIS a. The hours of operation shall be limited to the following schedule: Monday -Friday: 8:00 a.m. - 7:00 p.m. Saturday: 8:00 a.m. - 7:00 p.m. Sunday: 9:00 a.m. - 7:00 p.m. b. The sale of alcohol shall be for off-premises consumption only. c. The Specific Use Permit shall automatically expire upon the abandonment of the business, change in use or upon the expiration Ordinance 0-07-1631 Page 4 of 5 or termination of the Certificate of Occupancy for the car wash 7. PARKING a. This development shall be required to have a minimum of 32 parking spaces. 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. e first reading and public hearing being conducted on the a/ '~'~ day of Qi~.~-A7` 2007. v second reading and public hearing being conducted on the '~ day of ~~vwy~-, G~~ 2007. Ordinance 0-07-1631 Page5of5 DENIED SEPTEMBER 4, 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: ./ Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE David Kelly Mayor Exhibit A -Zoning and Location Map NORTH Exhibit B -Conceptual Site Plan N O Z Z X S ~ ~ =1 o g N O z z n x a z m m A c y -1 0 3 n z -i O C'> n N r V d ~. r 3 ~D -- r I--~ - --~ _~ e'`"a sy .~ ?s / /. - ~ ~, / \ ~: ~ ,-- ~'. ~ /~ / ,.~ ~~, ~~ -- - ~ -. i F v ~~° ~ 1 ~~~~ ~~ ° ~~ ~ ~`g~ ~~ a II~ i~l :. as ~~ ~ a ~ ~ E ~ ~ ~i ~~ ~ .~ ~ I~ ~' D _ S.P.A. Car Wash ®Architects, Inc. 1 , tl r ~ ~ j CoIMY'~w. Tins mm~im~ mn ~:ron`:: rm.im.~ Exhibit C -Artist's Rendering of Building