HomeMy WebLinkAboutOrdinances (O-10-1763)-08/17/2010Ordinance 0-10-1763 was denied without prejudice on August 17, 2010.
ORDINANCE 0-10-1763
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 4B, BLOCK 1, OF
THE BROWN TRAIL-WEST ADDITION LOCATED AT 4405 COLLEYVILLE
BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE
STORE; 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 rezoning under Case
No. ZC10-012; 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 and 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
to, among other things, 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
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.
Ordinance 0-10-1763
Page 2 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT atl 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 amending the official
zoning map by authorizing a Special Use Permit for a package store on Lot
4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville
Boulevard, as depicted on Exhibit "A".
Sec. 3. 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. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. This Special Use Permit shall only apply to the use of a package store
as described in Exhibit "B" and depicted in Exhibit "C".
b. The package store authorized by this Special Use Permit shall not',
exceed 2,143 square feet in size.
c. All required parking including the number, location and dimensions of
parking shall meet the minimum requirements of the Land Development
Code.
d. It is recommended that the applicant provide a shared parking
agreement with the adjacent property owner to the north located at
4409 Colleyville Boulevard.
e. All signs advertising the package store shall meet the following
conditions: (1) with the exception of number four (4) below, all signage,
including existing signage, shall, at a minimum, meet the minimum
requirements of Chapter 7-Sign Regulations in the Land Development
Code; (2) Section 108.52 of the Texas Alcoholic Beverage Code is
hereby adopted by reference of which all requirements pertaining to
signage shall apply to this Special Use Permit; (3) Upon abandonment
of the business authorized by this Special Use Permit, all signage
advertising the package store shall be removed in its entirety at the
Ordinance 0-10-1763
Page 3 of 4
expense of the business and/or property owner within thirty (30) days of
abandonment; (4) the existing monument sign shall meet the
requirements of Chapter 7 in the Land Development only upon
demolition/removal or destruction of the sign. At such time that the sign
is removed, the new sign replacing said existing sign is hereby exempt
from the setback requirements for monument signs except that the new
sign shall meet all visibility requirements of the Land Development Code
for the purpose of public safety, (5) the business name shown on the
sign(s) shall read "Mirage Fine Spirits".
f. The building design of the business shall be generally consistent with
the attached Exhibit "D". Otherwise the final design shall, at a
minimum, have a design score of 32 as described in Chapter 6 of the
Land Development Code.
g. The package store authorized by this Special Use Permit shall be
required to comply with all provisions of the attached Exhibit "E".
h. This Special Use Permit 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.
i. All requirements of the Land Development Code shall be met, except
where amended herein.
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 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. 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.
Ordinance 0-10-1763 '
Page 4 of 4
', Sec. 8. 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.
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:
CITY OF COLLEYVILLE
Ordinance 0-10-1763 was denied without prejudice on August 17, 2010.
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
1
Exhibit "A" -Location and Zoning Map
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Exhibit "E"
CRIME PREVENTION RECOMMENDATIONS FOR
CONVENIENCE STORES AND PACKAGE STORES
Purpose
The purpose of these recommendations are to protect the health, safety, and welfare of
the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the
escalation of crime, and increasing the successful prosecution of crime that may occur
in a convenience store or package store in the City. To this end, these
recommendations address best practices in crime prevention through environmental
design including height markers, visibility into and around the business, alarm systems,
physical security, drop safes, surveillance camera systems, and minimum staffing
requirements.
Definitions
Unless otherwise expressly stated, the following terms shall, for the purposes of these
recommendations, have the meanings indicated in this section:
"Convenience Store" means an establishment designed, intended, adapted or used
primarily to provide for consumer shopping of a brief duration, characterized by a limited
product mix (generally emphasizing prepared and snack foods, beverages, tobacco
products or gasoline/motor vehicle fuel), close-in parking, and limited retail space.
"Drop Safe" means a cash management device in which money can be deposited
without the depositor having access to the contents.
"Employee" means any person listed on the payroll of a convenience store or package
store as an employee, whether part-time, full-time, permanent, or temporary. The term
does not include a person providing only janitorial or security services to the store.
"Height Marker" means a measuring strip that is attached on or near the door frame of
doors used for ingress and egress to the store to aid in identifying the height of a person
suspected of committing a crime.
"Package Store" means a retail establishment that sells "liquor", as defined by the
Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise
consumption.
"Manager" means the person designated as the supervisor or person in charge of the
operations of the store.
"Manager" means the person designated as the supervisor or person in charge of the
operations of the store.
"Owner' means the person or persons who hold title to, leases or has a possessory
interest in property for the purpose of operating aconvenience/package store.
Height markers
A convenience/package store shall have height markers posted at all public exits to aid
in obtaining a physical description on any suspicious person or suspect in a criminal
offense.
Visibility
A) A convenience/package store shall maintain an unobstructed line of sight
allowing a clear view of and from the cash register and sales transaction
area through all windows and public access doors. Such windows and
doors must be clear of all items that would obstruct a clear view including,
but not limited to, tinting, signage, advertisements, shelving, and
merchandise. Such unobstructed line of sight must, at a minimum, extend
from three feet above the ground to at least six feet above the ground.
B) Landscaping shall be maintained in a manner that allows an unobstructed
view of all windows and doors in an attempt to prevent blind spots or
places of concealment.
Alarm system
A) A convenience/package store shall have a silent panic or holdup alarm
system for which a permit has been issued by the City. This system shall,
at a minimum, include a panic button located within reach of the cash
register and out of view of the customer. Such panic button will generate
an alarm signal indicating a holdup or other life-threatening emergency
requiring a police department response.
B) A convenience/package store shall have posted at all public exits and
entrances signs or decals indicating that a security alarm system is in use.
Entrances and Exits
A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within
40 inches of a breakable surface must be a double cylinder lock.
B) Service or delivery entrances shall be equipped with an exterior, high
resolution digital video camera or a "peep hole", which enables employees
to visually observe the area immediately outside the door.
Drop safe
A) A convenience/package store shall have a drop safe on the premises to
keep the amount of cash available to employees to a minimum. A drop
safe must be bolted to the floor and may have atime-delay mechanism to
allow small amounts of change to be removed.
B) A convenience/package store shall have a written cash accountability
policy mandating the maximum amounts of cash that can be kept in cash
registers.
C) A convenience/package store shall have posted, at or near the point(s) of
sale, decals or signs indicating that employees cannot open the safe and
that employees have minimum cash on hand.
Surveillance camera system
A) A convenience/package store shall have a minimum of two, color digital
high-resolution surveillance cameras. One camera must have an overall
view of the counter/register area and the other camera a view of the main
entrance/exit area and both shall display the correct date and time of the
recording.
B) The entrance/exit area camera shall be placed to provide a clear and
identifiable full frame of the filmed individual's face.
C) The cameras shall be operated at all times including hours when the store
is not open for business.
D) The owner or manager shall provide the police department, upon request,
digital color images in connection with any criminal investigation.
E) The owner or manager shall maintain a library of the recorded digital
images for not less than 30 days.
F) A convenience/package store shall have posted, at or near the point(s) of
sale, signs or decals indicating that surveillance cameras are in use.
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