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Home My WebLink AboutOrdinances (O-10-1780)-12/06/2010ORDINANCE 0-10-1780 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE' OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R1, BLOCK 2, OF THE VILLAGE PARK ADDITION LOCATED AT 4701 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. ZC10-024; 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 i 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 Colteyville 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 0-10-1780 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 Co~feyville, 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 R, Block 2, of the Village Park Addition located at 4701 Colleyville Bouelvard, 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 depicted on Exhibit "A" and described in Exhibit "B". b. The package store authorized by this Special Use Permit shall not! exceed 28,560 square feet in size. ', c. The parking lot shall be landscaped per the requirements for parking lot landscaping in the Land Development Code except that no landscaping shall be required for the parking lot islands directly in front of the entrances for the proposed package store and Vineyard Antique Mall lease spaces. This exemption shall only apply to a maximum of three (3) parking lot islands on the subject property. d. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. e. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 25, per the requirements of Chapter 6- Building Design in the Land Development Code prior to the issuance of the certificate of occupancy for the package store. However, the front fa~ade of the package store shall be generally consistent with Exhibit "E" and shall meet a minimum design score of 28. Ordinance 0-10-1780 Page 3 of 4 All signs advertising the package store shall meet the following conditions: (1) the existing multi-tenant pylon sign on the subject property shall be replaced with the landmark sign shown in Exhibit "D" prior to the issuance of the certificate of occupancy; (2) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (3) 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; (4) 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 (30) 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 "F". 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. 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 0-10-1780 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 ublic hearing being conducted on the 0~ day of 2010. The seco d re din nd public hearing ~/~G! ~~ 2010. being conducted on the /~ day of'', ~ ATTEST• ~ ~ Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~~ ~ ~1 ~~,~ ~ Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE ~~ David Kelly Mayor Exhibit "A" - Location and Zoning Map Exhibit "B" - Statement of Planning Objectives t ic-c~c~y ~'r~a~~° L.'sq~~r, ine, ~'1"!~~ ~`~~p~y~ has b~e~ ~ f~mil~ c~~~~ec~ ~r~ c~p~r~€~d bu~~i~~ ~i~~+~ I'~~+4 ~rcc~ is nc~~v t~a~ ~e±ct~r~~ Iar~;est p~~~~~~ stcare c~~a~ a~t t~~ ~t~t~ c~f "I'~x~s. T~e 1~u~~~n~s~ ~c~d~l i~ l~,r~~, ~t~~ stores ~rit~ h~~~~ s~lectic~r~~ ~r~~i th~ ~est ~ricin~ in t~e marl~et. ~-. ~taz~e ttais siz~ ~~il~ c:~rry ~,f~Ut~ ~iff~r~r~t ~r~duct5 ~`rc~r~ ~rc~ur~d the ~+~orld. T~~ p~~s~~c~ 1c~~~tic~t~ is ai 47(~t (:`t~1~~y~~i1~ I~lvd, ~hi~~~ i~ curr~nt~~ ~in~ ~rc~upi~d by t~e ~Tin~}~~c~ ~:n~ic~u~ t~~ll. TE~e ~~~c~ ~rilt ~e s~iit s~~ t~~ "~a~ ~c~n~p~~~ ~riit c~cu}~y 2~.56fl sq~ ~'~t. ~~ fir~ish ~u~ ~°i}1 bc si~i~ar €c~ tt~e~ C'arnp~an~~s' tc~~;atiar~ c~r~ Ca~n~ ~33c~~i~ ~l~d. In F~rrt ~'~rth, TX. P~att~s c~f that Icrc~tic~n ~re ~att~ch~~. ~~~licatiar~ ft~r T~~3C~ lac~nses ~~ill ~~ ~r~~~~ ~t th~ c~~rli~~t ~c~ssiE~le dat~ ~a~d Lvi~l ~e nc~ ~~c~ce tl~aa~ 90 d~ys, ~ h~ c~nstru~ti~r~ ~~~ ~itl ~ke 1~tw~~~~ ~`~ur and ~'i~+~~ tn~r~ths ~ft~r buil~ing ~~rrn~it~ ~rr~ i~~ue~. +~i~v~r~ ~#~is ~~~rn~t~~a~~, t~e ~~rli~st ts"~~ t~~ s~c~z~~ ~~~~ld ~ ~a~n~~i w~~u~d b~ ~~t+~ ~~z~u~r~ ~r e~r~~ ~~~r-u~r~ ~c}11. "~"~~ st~rr~ wil~ ~p~r~t~ ~~c~rr~ 1C~ x~~ in th~ m~mir~~ ~~til ~ P~i ~t ~~ight, ~d~~s ~cr ~~~k. 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