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HomeMy WebLinkAboutOrdinances (O-10-1769)-10/21/2010ORDINANCE 0-10-1769 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R2, BLOCK 1, OF THE TROPICANA FUELS ADDITION LOCATED AT 7101 COLLEYVILLE BOULEVARD FROM THE ML-LIGHT MANUFACTURING ZONING DISTRICT TO A PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT AND 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. ZC10-020; 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 Ordinance 0-10-1769 Page 2 of 4 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 amending the official zoning map by changing the zoning from the ML-Light Manufacturing zoning district to aPUDC-Planned Unit Development Commercial zoning district and authorizing a Special Use Permit for a package store on Lot 1 R2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, as depicted on Exhibits "A" and "C" and described in Exhibit "B". 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. The purpose of this PUDC is for retail uses as specified below. b. A Special Use Permit is hereby granted for a package store as depicted on Exhibit "A" and described in Exhibit "B" and depicted on Exhibit "C". c. In addition to the package store use allowed by Special Use Permit, the following secondary uses shall be permitted as described below: Restaurant and catering: Wholesale warehousing and distribution of liquor: Office/Customer education and training facility: 1,500 square foot maximum 1,328 square foot maximum 1,500 square foot maximum d. The package store and secondary uses authorized by this PUD and Special Use Permit shall not exceed a combined gross floor area of 9,010 square feet. Ordinance 0-10-1769 Page 3 of 4 2. OPEN SPACE AND LANDSCAPING a. This development shall contain a minimum of 21% of open space. b. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 3. SIGNAGE a. 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 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. b. Any drive-through windows associated with this development are hereby prohibited. 4. GENERAL DEVELOPMENT REQUIREMENTS a. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibits "B", "C", and "E". b. The building design for the principle structures shall be generally consistent with elevations shown on the attached Exhibit "D". c. 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. d. 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. Ordinance 0-10-1769 Page 4 of 4 Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of I~ 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. <s~ The first readin and public hearing being conducted on the ~ day of 2010. Th econd eadin and public hearing 2010. being conducted on the ~~ "~ day of ATTEST• y~~~ • nthia 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" -Location and Zoning Map 7208 7lOS X217 207 7204 7~0` 72U3 7200 7171 7200 7151 rf EHJ 41 `~` r^ 71 { t~ $l~B ~ ~ 7 ~~ 7 -raa4 00~ S ~ ~.( ~y C`~ N ~ 7011. ~ ~ ~ PUD ~ cv CV 23t ?~ ~'3 ' ~ ~ 23 23 ~J t, A{G 231 PkJD 305 ' 30{y 3~J7 7C1U~5 7flQfl 6976 3Q3 2'~U1 G9 ~Ofl 6974 6910 8995 6907 Exhibit "B" -Statement of Planning Objectives }~ ~~ ~ Statement of Planning ClbjectYVes and Brxsiness Description The property anct main building located at 710!1 C'ollezl-ille Boulet^ard at John McCain avi}I become a wine and spirits store by I:>ecenilaer 17_ '010 pending, apglaration and pernrait apgro3,als. Bear Creek Spirits ~ Wine u711 sergrice eon.~umers tiom the i['est side of Golleys~ille anil. putl from Grage~irre; Sauttrlal-e and the surroundingarea- `Ills business wi11 gesrerate an estimated S_~ t';,500 in sales taxes and S6,O+ti2 rr Ad ti'stor~i taxes anal. $35,004 in property taffies during the foot twet4-e month:>. The intersecucm pro~ndes for safe and easy property u~gxess and egress with a turn signal from the intersection of Coliey~ille I3ltizl cSi: Jdhn i4lct aia A c~ehensti a traf~€e sn>dy uwill be ~rn~ided in order tts bet6er determine the trafl"ic impact. The hairiness plan includes an estimated 330 custanaers per day and a $3-~ .l5 a~,erage ring nap during the 310 days peer year the store is open. Tire bolo s t5f operation as mandated by the state mill be: IOam to 9pm 34ionday through Satsucia}~. The store w~il2 be closed on all 5aanda~~s, Thanksgiving. Christmas and I'3ew Years day or the following 4ionday if these }wlida r ~ fall on a Sauaday. The stare sE711 employ as many as ser~rr people ra~-ith three. on stafl'at all trxnes_ Phase. I conshlrcticm will start 47ctober ~5. `?010 pending permits and cemnpteted by I3eceuaber 1 i. 2010. This will inclaule ecmxbrning btuldine 4 and building B as shown on the #Ioor plan by adding a new 7$2sf addition bets{een the Lnutalings. hill ertteaar intpratresnents wilt tae ccmaplet~ed in phase I w3rich iarhade the er~closur-e of tlae front. car wash bay door, adding a beer and wine cc~aier to the bade of the main building, demc~htion ofthe gas axwrag, zeun~al of all. ester for car wash. ec}uipn~rsrt; ad~ng stone on the nerx addition and front of building $ to match building ~, adding as awning. o~~r t~ nexzr door and v4r~ind;xs, a new patio with a wood arbor ~ffi front c+f the new addition between floe t~uldiaagsl and new parking lot stripes with a izai:mmnn of 50 spaces prosided. "'~'lteri phase I is completed. the exterior butdir~ will be as shown irrthe r~eti iced elevation dra u~iu2. Phase I will also include the interior build out. of tlae main building with a temperance c ontrolTed wine cellar; a caastona built tA~aod wine coe=e, tasting bar and a neu~ cash regster cc~turter tcitlx a drop safe. ~ new security system with. ~?~ hour digrtal sun~eillar~e cameras strategically placed throe{ghoul the interior a~i e:cterien- btxildine v~ill be aalcied One rstaIl. sign placed an the front of building B and a mc~latw)ent sagn 1i it l be erected near the property entrance. Gt'hen complete. phase I w=ill proside ~t,32_5sf of retail space. Phase II of tine build out ~ is schedaaled to begin. mil 1.201 l p~endiaag liclaaidation of the car wash eclaaipuUerat and. comp}et ed by July 30, 2011. Interior finish out will begin. rootlet if the car wash. erluipwent is sold prior t ~ ,~1~-il `?011. Plans inchtde Uuildiuv out the intenicsr space between thae two buildings and the interior of the car wash bay wtach will incltxle 1,328sf of storage, I,557sf ofnev: retail space and 1,500sf of office and aneducataon ccmfe:rnce room The dined ware fraata~ rrrhen U~~th phase I sod II are completed wilt be 9,;010 of which. G,132sf will be retail space„ 1,323s~` of storage and 1,504sf for otJ'ice and the education cclnfetence room. N~ imrnedi,~rte plans ar-e in place for a restaurasrt. Future glans may inchxte cornerting the 1.50tOsf office space into a food concelrt that eontplins the wires & spirits s#are such as homey glazed hams„ sruokecl harks} ~ and. deli with part};platters and appetizers_ A sEarall I,D rt-holes.ate btxsiraess for ser~iring local restaurants aa~ bars wi}l be operated ant of the store. Some inventory wilt be stoned. in the 1. ;?8sf back. room w~aich wilt be tared ~ replenish the retail store and sea rice the an premise accrnants. I7!eliveres wilt be made Dart of the back of a Tahoe with a caatage penult. The bcasarrtess araapy purchase a man far futatre de}ivenies. The operation wilt not require f~'nkifis. Igo s-ta:iilet trn+cks will be allcs+ared iutltebaekoftl~ sty. Exhibit "C" -Landscape and Site Plan ~t -~--~- f rp~ J , f'~f!£ 3' Vii.. .. ~ ~ --~~ r ~ w. ~, ~i ~~ ,~ ~ ~~ i _~ , 1 ~r, / ~-t ~ ~,~r U ~ -- '\i\ ~ ~ ~ ~~h \ 3I ~, ~? ti. I \ f -^ 7 t ~ -. m ` ~+~ Y f ~ f t-•, l~ ~f .; ,ter ~ .~ ~, ~~ ,, ~ _ ~~ .r I ~s. ,' ~~ o `~~ ~ ~, . ^~~,'~ ~ \ »,~ '~' '~ .,~, .yes ~ r ~ ~ ~,, f:, '~r ~.~, ,~ "~ "~ . I» ,,.~ ~ ' ~ ''~ ~~1 - y y 4~ ~\ / ~ ~~~ F.f ,~~ la. "'444 ~~ `~`~t ~.. ~ .:~ ~u ..: --~ ~ ~ ~ '~ '~ . f " . f ~ `~~ ~, ~;~ ,~ cr ~-` ~ ~, ~ .;, `~.~ "3 r, ~ - ~ II '~,, ~ ". y b 4 9 4 {{ \ti i ~ ~ ~ " r - ~_~ t~C ~ ~ '' f r~~~ ``: y ~~; (#t\~ I ~~. .• v ~ 3 ~4 ~~ yyy~} S\ ~w Exhibit "D" -Building Elevations 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. "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. 6) 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. 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.