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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/12/2010city of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colleyville. com Ci~~; ~~~ t- :, _.. - t ~r' ~ r rr~~<«~ Meeting Agenda Monday, April 12, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ~. ,., __ City of Colleyville 100 Mlain Street .~ _ ~, ~~~,~ Colleyville, Texas 76034 ~`'`~ Meeting Agenda 817.503.1000 „~;.~ vdww.colleyville.com Planning and Zoning Commission Monday, April 12, 2010 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Phelps 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES March 22, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a sidewalk waiver request on Lot 6, Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case GC10-001 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of amendments to Chapters 1, 2 and 3 -Land Development Code regarding alcohol regulations, Case GC10-002 9. ~#DJNMENT I Fier certify the(a~pove agenda was posted on the bulletin boards at City Hall on Fr y, April 9, 2 0 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 4/9/2010 City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com r~ ~, ~ r f I '' ~`' `r r,~, Minutes -Draft Monday, March 22, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ' " City of Colleyville City Hall ,~ ""°' 100 Main Street ~y ~ Try Colleyville, Texas 76034 Minutes -Draft 817.503.1000 "'~~" www.colleyville.com Planning and Zoning Commission Monday, March 22, 2010 6:15 PM City Council Chambers 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 22, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE DISCUSSION OF PREVIOUS MEETING MINUTES AND REVIEW OF REGULAR AGENDA ITEMS Staff Present: Ron Ruthven, Rob McKeown and Jeremy Hutt 3. INVOCATION Commissioner Clardy The invocation was given by Commissioner Clardy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES March 8, 2010 Commissioner Dudziak moved to approve the March 8, 2010 meeting minutes with the grammar corrections made to page two. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat for the Winding Creek Addition located City of Colleyville Page 1 Printed on 3/26/2010 Planning and Zoning Commission Minutes -Draft March 22, 2010 in the 6400 and 6500 blocks of Colleyville Boulevard, Case PC10-003 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:05 p.m. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Redfearn moved to approve case PC10-003. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 7b Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 3, Block 2 of the Fairway Addition located at 8300 Precinct Line Road, Suite 114, Case ZC10-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:09 p.m. Fred Arnoldt, the applicant, 6904 David Lane, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Arnoldt if home items, such as furniture, will be sold. Mr. Arnoldt replied yes, there will be some items. Commissioner Dudziak questioned Mr. Arnoldt regarding what percentage of floor space will be dedicated to selling home items? Mr. Arnold replied about 1/3 or less; 2/3 will be clothing. Commissioner Byerly questioned Mr. Arnoldt regarding if men's clothing will be sold. Mr. Arnoldt replied no; the store will specialize in women's clothing. Mrs. Arnoldt came forward and stated she would like to be able to sell men's clothing, if possible for the future. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Byerly questioned staff regarding whether or not the furniture aspect of the request is new. Ron Ruthven replied no, furniture can be sold. Commissioner Phelps stated that the letter from the applicant states specifically what she plans to sell; furniture is not mentioned. City of Colleyville Page 2 Printed on 3/26/2010 Planning and Zoning Commission Minutes -Draft March 22, 2010 Commissioner Byerly stated lamps and tables do not come to mind when he thinks of high end accessories; he stated he thinks of shoes and purses. He therefore stated that furniture, lamps and pictures would need to be drafted in the ordinance. Discussion occurred between the Commissioners and staff regarding how the language in the ordinance should be written to include the furniture as accessories. Commissioner Dudziak stated that he has concerns that fitness equipment could be included in these sales, therefore stating he would like for the accessories to be limited. Commissioner Byerly stated not interpreting fitness equipment as furniture. City Attorney Kailas stated fitness equipment, under reasonable interpretation, would not be included in furniture. Commissioner Byerly moved to approve case ZC10-004 with the change to the draft ordinance that section 4 1a. to allow the use of a second hands goods shop to sell men's and women's fashions and fashion accessories; also include household furniture and household accessories, with the household furniture and furniture accessories to be limited to 1/3 of the total floor space of the premises; and including the language from the briefing that the SUP 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 for the approved use. Commissioner Phelps seconded. Commissioner Phelps stated the hours of operation are not listed in the ordinance therefore they will default to the hours of operation with the location of the business. Ron Ruthven concurred. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 7c Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC 10-005 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:28 p.m. Curtis Young, the applicant, came forward to present the case and brief City of Colleyville Page 3 Printed on 3/26/2010 Planning and Zoning Commission Minutes -Draft March 22, 2010 the Commissioners. Commissioner Dudziak questioned Mr. Young regarding the placement of the new parking spaces; can those new parking spaces be located closer to the new home? Mr. Young replied the parking spaces are located in places in which there can actually be additional spaces. He stated that since the infrastructure has already been built, the placement of the new spaces have to be considered very carefully. Commissioner Dudziak questioned Mr. Young regarding if those parking spaces could be located near the detention ponds which would be more south of the lots. Mr. Young replied they could possibly be placed outside the alley; he stated not being sure at this time. He stated they do not want to put any paving near the trees. Commissioner Redfearn questioned Mr. Young regarding if this is a gated community. Mr. Young replied, yes. There being no one wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Clardy stated there is an inconsistency with some parking spaces being placed in a buffer area, when it had already been stated that parking spaces could not be placed in the buffer area. Mr. Young stated one buffer area is not the same as the other buffer area; one is open space area and one is actually a buffer area on the far west side, which was a requirement of the original zoning. Commissioner Dudziak questioned staff if Mr. Young decides to change the location of the parking spaces, would the request have to come back before the Planning and Zoning Commission? Ron Ruthven replied the on street parking, as presented, is not located as part of a code requirement. He stated the developer has been free to locate these parking spaces anywhere within the development; therefore, if the parking spaces are to be located in a specific area, then the ordinance would have to reflect those specifics per the exhibits. Commissioner Phelps moved to approve case ZC10-005. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 8 ADJOURNMENT The meeting adjourned at 7:40 p.m. City of Colleyville Page 4 Printed on 3/26/2010 Planning and Zoning Commission Minutes -Draft March 22, 2010 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 19, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 5 Printed on 3/26/2010 t ~`7 ~ ~ v ~~~ r.c:, City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 04/12/2010 Agenda No.: 7a Status: Commision Action Items Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a sidewalk waiver request on Lot 6, Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case GC10-001 Attachments: Location and Zoning Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Supplemental Sidewalk System Map History of Legislative File Version: Date: Acting Body: Action Text: 1 04/12/2010 Planning and Zoning Commission Title Approval of a sidewalk waiver request on Lot 6, Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case GC10-001 Explanation Mark Cameron is requesting a waiver to the construction of a sidewalk and trail for a proposed new home located at 6600 Pleasant Run Road. Summary. The proposal for a newly constructed single family home triggered the sidewalk and trail requirements. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Pleasant Run Road and McDonwell School Road - on which the subject property is located -construction of a 5 foot wide sidewalk along Pleasant Run Road and a 10 foot trail along McDonwell School Road is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waivers to the new Supplemental Sidewalk System Map and Land Development Code regulations. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver -This action would waive sidewalk and trail construction, which is required by the Supplemental Sidewalk System Map. City of Colleyville Page 1 Printed on 4/9/2010 Agenda Briefing Continued (2) Deny the waiver -The applicant would be required to build a sidewalk and trail on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow -The Planning and Zoning Commission may require payment into escrow in an amount not to exceed $22,723.60. District Neighborhood. If the Planning and Zoning Commission gives the applicant the option for paying into escrow versus constructing the sidewalk and/or trail, the monies received will be available for any future sidewalks and/or trails located within District Neighborhood #6. Recommendation Staff recommends that construction of a 5 foot wide sidewalk along Pleasant Run Road and a 10 foot trail along McDonwell School Road is required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on M9/2010 Location and Zoning Map `r~o . _, 316 &816 -- 15 ~~~ 6811 ~ ,_ b704 317 ssa7 sass ~.. P D~~' 6803 COQ ,~- ,~, - ~,,; sx -~ - - _ 41tI 50.E ~(}g RE ~:. _; ,~,~ ~ ~~ ~ s50a Site s5 s5taa 67i,W 6501 ~;~~ ~0 AG £705 s ~u~ ~' I s~0a Applicant's Request ose h , `~` Cameron homes J p - Joseph Cameron Ilc. p.o. box 1671 Colleyville, Texas 76034 Tel (214) 534.4558 Fax (817} 428.4330 Community Development City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: 6600 Pleasant Run Road New Single Family Construction To Whom It May Concern: Recently I submitted a permit application for the approval to build a new home at 6600 Pleasant Run Road. The property is aesthetically beautiful, zoned residential estate (RE) and the new residential home will be appealing. I am aware of the proposed sidewalk and trail systems ordinance for the site and would request a variance for the trail system on the southern boundary line of the property. The boundary runs along E. McDonwell School Rd., which is used as a private drive with limited access. The city proposed walkway trail would be within the city owned drainage/utility easement right of way which, is unimproved property. The walkway trail would have various negative consequences for the property and the City of Colleyville, including the required removal of several large mature trees, relocation of utilities, disruption of water drainage system, and no foreseeable use of the trail. Also, several species of wildlife including ducks, rabbits, birds, turtles, squirrels and coyotes would. lose their natural habitat. Please consider my request for a variance from the ordinance. If you should need further information or have any questions please do not hesitate to contact me. Respectfully yours, ~ ~c ~~~~ Mark J. Cameron Managing Director REGEfVED Confidential MAR ~ 7_ Q10 Per ............. 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Z N O ~ ~ U o, W `n ~ `~ ~ o ~ o o ~ ~ o ~ ~ i p ~_ .~ -~ Z ._ ~ ~ ~ .~ ~ (U Z z .. ~+ O V Supplemental Sidewalk System Map t k r` t ~. a _A.,.._...~.n._.-, __., ~ ~~ a ~ ~ ...~,,.m...,. ~~ ,~, BC ~~E~~T.~...~. ~..._~_~~.._~ „ - ~_ _.~~ ~._~ ,_~~- "~ ~ - - ~ 6600 Pleasant _ , . __ ` ~ ~ Run Road ~ ~~1w~ .... , w.. ~ _m _~ ._.,. -; C"~tCGc~yC~-~w{E LL~~I;~~C~ia~~ E - .I ~ ! ~ ~ - ~ 4 ... ;.< ~ ~ ~ ; _~ - fi L ` AMr..~ : "^'~ i~t I ~ ~~ "rte f ,¥ 3 ~ 1 i f `Y 1 5 i` ,fY~ 4 1 ~ I I s ~~~l+C~ i Required sidewalks (Between ~` 6' in tl~lidth Existing and Pr€~p+osed Trails Between 8' & 12' in Wi --=- CottonbeCt TraiC (1~l' ~Ik c~nne~t Grapevine arYd Hurst Private Walking Paths ~nn~y be any size ~- Sidewalks Nt~T Required Escrow Gpton fc~r Sidewalk yk Municipal Locations 1 aS P`arlCs ,~'~ ~ Schools ti~ ~ _ meter Features --~-~-- City Limit ---- Railroad ~+ /+ City Hall ~~~' ~ City Of Co~~eyvi~~e 100 Main Street ~,c~;, ' Colleyville, Texas 76034 `.~~, ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 04/12/2010 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of amendments to Chapters 1, 2 and 3 -Land Development Code regarding alcohol regulations, Case GC10-002 Attachments: Proposed Land Development Code Amendments Current SUPs for Off-Premise Consumption of Alcohol Regional City Package Store Regulations Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 04/12/2010 Planning and Zoning Commission Title Approval of amendments to Chapters 1, 2 and 3 -Land Development Code regarding alcohol regulations, Case GC10-002 Explanation Staff proposes amendments to the alcoholic beverage regulations contained in the Land Development Code that would allow the City to regulate package (liquor) stores consistent with the City's current alcoholic beverage regulations. The proposed amendments were presented to the City Council at the March 23, 2010 Pre Council meeting. Upon completion of the presentation by staff, the City Council directed staff to bring the amendments forward for City Council consideration at a future meeting. Local Option Election. A citizen driven petition was filed with the Tarrant County Elections Administrator in December 2009 in order to call a local option election, administered by the Tarrant County Elections Administration, to allow package store sales of liquor for off-premise consumption in Colleyville. This petition was certified with the required number of qualified signatures to call an election. The election will be held on May 8, 2010. This petition was not initiated or sponsored by the City of Colleyville. In anticipation of the election, staff reviewed the City's alcohol regulations. The City currently requires a Special Use Permit (SUP) for the sale of alcoholic beverages, whether for on or off-premise consumption. Of the nine existing SUP's for the sale of alcoholic beverages for off-premise consumption, only two of nine specify an allowance for beer and City of Colleyville Page 1 Printed on 4/9/2010 Agenda Briefing Continued wine sales only. The remaining seven SUPs simply allow the sale of alcoholic beverages with no specification for beer and/or wine. Proposed Amendments. On advice from the City Attorney, staff proposes amendments to the Land Development Code that would require a separate SUP for a package store and adds language that forbids all current SUPs from obtaining a package store permit without obtaining a separate SUP. These amendments would also be intended to allow the community to regulate the location as well as the development standards, of any proposed package store, consistent with the City's existing alcoholic beverage regulations. There would be no changes to the alcoholic beverage regulations located in Chapter 6 of the Code of Ordinances. The proposed amendments are attached to this briefing and involve the following changes: Adding a separate SUP requirement for package stores to Chapter 1, General Provisions in the Land Development Code; - Adding a definition for a package store to Chapter 2, Definitions in the Land Development Code; Adding a separate use for a package store to the Table of Permitted Uses found in Chapter 3 of the Land Development Code. In keeping consistent with existing SUP for alcoholic beverage requirements, staff proposes allowing package store sales in only the CC1-Village Retail, CC2 Shopping Center and CC3-Highway Commercial zoning districts, contingent upon the approval of an SUP. Adding a provision to Chapter 3, Land Use in the Land Development Code in the Special Land Use standards section that prohibits existing SUP for off-premise alcoholic beverage sales locations from converting to package store sales without first obtaining a separate SUP for Package Stores. To be effective, the amendments must be approved prior to the May 8, 2010 local option election. Therefore, adherence to the following timeline is required in order to adopt the amendments prior to the election: Planning and Zoning Commission consideration: April 12, 2010 City Council First Reading: April 20, 2010 City Council Second Reading and adoption: May 4, 2010 Financial Impact. There is no financial impact associated with this proposal. Recommendation. Approval City of Colleyvil/e Page 2 Printed on 4/9/2010 Proposed Land Development Code Amendments related to Package Stores Additions are underlined, and deletions have strips. Chapter 1 -General Provisions: Section 1.18B(41(b)(i) "Alcohol and Packaqe Store SUP Requests - When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages or a Packaqe store, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. The land area within 200 feet of the proposed Special Use Permit shall be used to calculate whether a protest against the request would require asuper- majority vote of the City Council to approve the Special Use Permit. (Ord. 0-03-1399 / 04-15-2003)." Chapter 2 -Definitions: "Packaqe Store - A retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption." Chapter 3 -Land Use: Section 3.24(B1(G) Table of Permitted Uses -Retail and Service Uses Non-Residential Districts Residential District Land Use Classification Special Parking Land Use Group C9 W a ~ N _ ~ ~ " ~ = d 2 U U U J Standards Q D: G' 0' d' R D: D: ~ V V U U U ~ G. RETAIL AND SERVICE USES Alcoholic Beverage Sales Beer S S S 13 n.a. and Wine Only) -Off-premises Consumption Alcoholic Beverage Sales - On- S S S 13 n.a. premises Consumption Packaqe Store Sales - Off- S S S 13 n.a. premises Consumption Chapter 3 -Land Use: Section 3.24(C)(12) 12. Alcoholic Beverage and Packaqe Store Sales - A Special Use Permit is required for the sales of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit. Anv existina Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of Ordinances for additional regulations regarding alcoholic beverage sales. Active Special Use Permits for the Sale of Alcohol for Off-Premise Consumption Ordinance Location Business Restrictions Off-premise consumption; alcoholic 0-81-430 4200 Glade Rd. Hall's Grocer bevera es Retail sale; Storage, display, & sale area 0-92-861 4000 Glade Rd. Albertsons restrictions; alcoholic bevera es 0-93-909 4612 Cone wine Blvd. Colletiwi le "Texaco Off- ic:mise c~nsum ~tiop; beer/~~ne CaIIcyvilIe Fine Wines Of:f-premise consumption; Display space 0-95-994 4405 Collevville Blvd. Mobil) for sale not to exceed. 600 feet; beer/wine Off-premise consumption; alcoholic 0-99-1146 7990 Precinct Line Rd Texaco Mart bevera es Off-premise consumption - grocery/specialty/ gourmet store; After 5 yrs. void for undev. Sites; alcoholic 0-02-1337.4 Villa eat Colle vine Tivoli Wines bevera es Off-premise consumption - 0-03-1389 grocery/specialty/ gourmet store; amended by Colleyville Town Distance provisions -schools; After 5 yrs. 0-03-1433 Town Center Center void for undev. Sites; alcoholic bevera es Via Colleyville (None Off-premise consumption - currently in this specialty/gourmet store; Distance 0-03-1432 8300 Precinct Line Rd. sho in center rovisions -schools; alcoholic bevera es 1101 Cheek Sparger Rd, The Village General Sale area restrictions; off-premise 0-08-1681 Suite 107 Store consum tion; alcoholic bevera es Package (Liquor) Store Zoning Requirements in D/FW Cities over 10,000 in Population Zoning Specifications Action Required for Total Liquor Stores Approval ADDISON Limited to specific area by Charter Administrative Permit 6 Allowed by right in retail commercial zoning DALLAS Administrative Permit 194 districts in wet precincts only FOREST HILL As allowed by the international zoning code Administrative Permit 3 Allowed by right in retail commercial zoning FORT WORTH Administrative Permit 93 districts in wet precincts only HIGHLAND VILLAGE Allowed by right in Retail "R" Zoning Districts Administrative Permit 4 Allowed with a Special Use Permit in RICHARDSON Special Use Permit 3 annexed area known as Buckingham Allowed with a Special Use Permit in all THE COLONY Special Use Permit 10 Retail Zoning Classifications Allowed by right in certain retail zoning WEATHERFORD Administrative Permit 5 districts Allowed with a Special Use Permit in a Town WESTLAKE Special Use Permit 1 Commercial Zoning or PUD District ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 1, GENERAL PROVISIONS, SECTION 1.18, CHAPTER 2, DEFINITIONS AND CHAPTER 3, LAND USE, SECTION 3.24, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding alcoholic beverage sales by adding provisions for package stores; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 1, General Provisions, Section 1.18(B)(4)(b)(i), of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT Chapter 2, Definitions of the Land Development Code, is hereby amended by adding the definition shown in the attached Exhibit "B". Sec. 3. THAT Chapter 3, Land Use, Section 3.24(B)(G) Table of Permitted Uses, Retail and Service Uses is hereby amended by adding and amending the uses shown in the attached Exhibit "C". Sec. 4. THAT Chapter 3, Land Use, Section 3.24(C)12, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "D". Sec. 5. 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. 6. THAT 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 Ordinance 0-10-xxxx Page 2 of 2 than that portion so decided to be invalid or unconstitutional. Sec. 7. 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. 8. THAT this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Chapter 1 -General Provisions: Section 1.18B(4)(b)(i), Land Development Code: "Alcohol and Package Store SUP Requests - When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages or a package store, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. The land area within 200 feet of the proposed Special Use Permit shall be used to calculate whether a protest against the request would require asuper- majority vote of the City Council to approve the Special Use Permit. (Ord. 0-03-1399 / 04-15-2003)." Exhibit "B" Chapter 2 -Definitions. The following definition is hereby added to this section: "Package Store - A retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption." Exhibit "C" Chapter 3 -Land Use: Section 3.24(B)(G): Table of Permitted Uses -Retail and Service Uses Residential District Non-Residential Districts Land Use Classification Special Parking Land Use Group C7 w °v r°, ~°, ~ o ~ s a z ~j v v ~ Standards a ~ ~ ~ ~ ~ ~ o: ~ v v v v v ~ G. RETAIL AND SERVICE USES Alcoholic Beverage Sales (Beer S S S 13 n.a. and Wine Only) -Off-premises Consumption Alcoholic Beverage Sales - On- S S S 13 n.a. premises Consumption Package Store Sales - Off- S S S 13 n.a. premises Consumption Exhibit "D" Chapter 3 -Land Use: Section 3.24(C)(12): "Alcoholic Beverage and Package Store Sales - A Special Use Permit is required for the sales of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit. Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of Ordinances for additional regulations regarding alcoholic beverage sales."