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HomeMy WebLinkAboutOrdinances (O-10-1768)-09/21/2010DENIED SEPTEMBER 21, 2010 ORDINANCE 0-10-1768 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 5R, OF THE WOODBRIAR ESTATES WEST ADDITION LOCATED AT 3809 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. ZC10-018; 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 0-10-1768 Page 2 of 4 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 amending the official zoning map by authorizing a Special Use Permit for a package store on Lot 1, Block 5R, of the Woodbriar Estates West Addition located at 3809 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: ~ f:FNIFRAI 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 3,300 square feet in size and shall be located completely within the existing building. c. Prior to the issuance of the Certificate of Occupancy, all dumpsters shall be screened with a minimum six foot wood or masonry fence as required by the Land Development Code and a minimum eight (8) foot high masonry wall shall be constructed along the entire property line adjacent to Woodbriar Park. d. Prior to the issuance of the Certificate of Occupancy, landscaping shall be installed and maintained meeting the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. e. Prior to the issuance of the Certificate of Occupancy, the building design score shall meet the minimum requirements of Chapter 6- Building Design in the Land Development Code. f. All signs advertising the package store shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Ordinance 0-10-1768 Page 3 of 4 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 expense of the business and/or property owner within thirty days of abandonment. g. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "D". 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. 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 7th day of September 2010. The second reading and public hearing being conducted on the 21st day of September 2010. Ordinance 0-10-1768 Page 4 of 4 ATTEST: CITY OF COLLEYVILLE DENIED SEPTEMBER 21, 2010 Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map City of Hurst 214 `216 208 262 ,tt8 `114 1110 ~ 30t ~ ~ 211 207 203 178 115 119 ~ 3728 ~~~ 3722 3721 377 0 ~` r ~1g 3717 3718 3717 ~ 204 200 ~ ~~~ 3712 3713 3714 3713 272 3708 3709 3703 3?~ 3708 3709 3708 37yt 370f, 3..04 3705 3704 3785 3704 370 3701 3700 374E 3700 3?01 3700 3818 3815 39SB 3475 387® 3855 3818 3$12 3811 3412 3517 3812 ti 3812 36p~ 3908 3805 380'8 3808 Exhibit "B" -Statement of Planning Objectives ?~ l~ev{era~ge City trill be. a unic~u~: 3everag+~ ~"1"C_tf2L selling t~raducts and services to meet tf~~ eve~i-vday neeel.~ cif tl~e. local people of Colleyt~°ille, rteigh~ran.g c:itles and the tra~~eling tourists ~,isiting L)allas tluaugh HghtFay Hv~ry 26 or 121.11 is ideally located and will 6e, tl~r. li;~st stork anyat~e ~s when entering ~'alley~vlle. 2~, Beverage ~'ity v~~i11 tie setting a bencha~tark standard tci any either crtrrertt business t~}~ L~irtuc of its architectural (lc:sigr3 quality of service, variet;~ of products and strict ~+~11ere11Ce tti uet•y strong; cu5tarner servicee policies.. 2b Beverage +~it w°11 adhere to all Ctyx State and ;!~ederal laws and codes cif ethics. 26 Beverage C ity artd its ~r~~mt~ters have a track rer~rd cif s~uceessfill}r developing atyd n~anagin~; similar businesses in the ~1etr©pex. In short, 2~ F3cr~cra,~c City is ~lcstin~;.d to l~+~ame a suc+ecssful venture and is bc-und t+a ii~cre~~se the reG~ertue for tl~e cit}x, erthnc~ the vJtte c~fih~e city ~rtd will. tie a rple ma+cle~ .for ether potential cntreprcnet~rs. Z6 Bevs.ragcs City is a r~:tail~ stare ltx.ated strategically at an entry paint to Calleyville. ~'(~ beverage City will sell. quality prEaducts and beverages to meet the everyday needs of tl~e heal pecaple.. 2t; Beverage City will be fair priced and maintain fair and ethical business standards. It ~ati11 enlphasi!e an its. { utitc,n~er Ser~•ie:e Policy. Tn sl~art, 2fi Beverage Cit} ~~~ill (~uencl~ the 1`eirhborho~ad need. far their eti°ery•day requirements c~fprciducts and s` rviees. - t~ien~rate potential employment tti S ar more people living in the ccirnrnuttity. - Fnhar~ce the image of the City by creating ar€ ar•chitet~turat landmark. - '1A'ill inerea~se xevenue tc~ the city by canve~tiast~ an abandcined place to a commercially pratable business. ~Vil1 he a one-siup choice for tine local residents, saving thet~~ time and money by not h~~,'ing tai c;c~mmute longer distances to buy the gads and services ciffere~d at ZC Hey erage City°" Exhibit "C" -Site Plan ER.9?.MS a1M'Jl~~Hl" s Y~ ~: ~, ~ ~ c ca 4 z ~N m .~ Ti} +~ cc~-~ ~ v i F.. .. .... ~ ,. _. _ _ (E$ ~ E G E {I] ,~ ~ 111 ~ /`~' !~ ! _~ _ [} f 13 ~ # ~ ~ f ~~ ~^~ .q ~__. 1 j'G~~~, _........ V~ C '' 1 '~ i _.... `~' .,yam ~ f~ 4w _= '~ 3 H f.~y"+ fi$a~i t=M`°y '. ~ \. :~ ~' '^S._ r-,~K~ ~ '_ `.... ~ u! n.~0'9vC 6FMCa3 ~~ _..... ~ _ T`.^ ,>: 1 e ~~ ~ [ -- - ..~.=tee '` -...._ ,~ i ,.. e_.r .mac. ~ ® 1~ ~ j or T q ~ ,' 4 ~ ~ -'~ } s _~-~~ ~ _, w' i ~. _. _~, _ 5 .-vc 6 ~ \ rim. ?p„e V _ ~ a _ ._ f • • ~ 1rdLEd [[[!!!~~~ j ~~. ~~ Ek,~G.~=m ~ ~ ._~...~ __.~~..._ m ~~s-~„~..a~.~. ai ~ ~~ ~, x ~ -,~.._~, .~', .~~ r n - a~x , ~ ex~s-.xo aerc: <.rm ti e ~,f . `~' _.-f ~,.e e o n._.r~,-•- .. -eras ~. ur>~: +~ w~.es ~ -. ~ -._... ~. ti Urti ~ '''~ tYC,g c.m.wi ire.. rests +~em. ~~~ Y tL t ~ ~' S ., li ..r F.~ a , .,~ _. ~'-~ '~, !' rte, _ ft ~ -r.. z...,» t ~x - ~ - _ '}~_ 3I~~ ~ 0.~ -° -- ... _ ~ FOR SUP APPROVAL !'~ Exhibit "D" 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. "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. 3 Minimum Staffing A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open.