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HomeMy WebLinkAboutOrdinances (O-11-1794)-06/09/2011Denied without Prejudice June 7, 2011 ORDINANCE 0-11-1794 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 5A, BLOCK 1, OF THE ANDY FELPS ADDITION LOCATED AT 4205 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. ZC11-004; 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 0-11-1794 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 5A, Block 1, of the Andy Felps Addition located at 4205 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 depicted on Exhibit "A" and described and shown in Exhibit "B" and Exhibit "C". The addition of any building or structure not shown on Exhibit C shall require an amendment to this Ordinance and the Special Use Permit, subject to the final approval of the City Council. b. The package store authorized by this Special Use Permit shall not exceed 4,406 square feet in size. c. The business name for this package store shall be "5 O'Clock Somewhere Beer, Wine and Spirits." 2. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. The Landscaping plan is shown on the attached Exhibit "G". ~ ci~Ner:F a. All signs advertising the package store shall meet the following conditions: (1) the new monument sign and wall sign shall be generally Ordinance 0-11-1794 Page 3 of 4 consistent with Exhibit "D"; (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. 4. GENERAL DEVELOPMENT REQUIREMENTS a. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 35 prior to the issuance of the certificate of occupancy for the package store. The design of the package store shall be generally consistent with Exhibit "E". b. The basement area and elevator installation shall be required to comply with all building code regulations. c. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. d. Any drive-through windows associated with this development are hereby prohibited. e. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "F". 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. g. 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 Ordinance 0-11-1794 Page 4 of 4 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 readin and ublic hearin bein conducted on the ~ da of 9 P 9 9 ~^~ Y 2011. The sec nd readin and ublic hearin bein conducted on the ~ da of s 9 p 9 9 ~ Y ~I,v ~ ~ 2011. ATTEST: CITY OF COLLEYVILLE ,~ Denied without prejudice June 7, 2011 / 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 Exhibit "B" - Statement of Planning Objectives s o~ clock ~~ Beer, Wine and Spiri#s Company overview 5 O' Clock Beer, Wine anci Spirits is a retail Store that provides wine, spirits, beer and ancillary items for sake to its customers. The retail store w~~l be apen from l0am to 9pm Monday through Saturday. We plar~ to employee 5 people outside of management. Furthermare, we plan to utilize tethnology to both enhanee the customer experience and provide value added servfce to our custarners. The expected economic impact of khe fiaLiSity is as fallows: Current Praposed Future Bu+lding square ffloCag~ 37Z2 A406 7156 ProperkyTaxes $10,377 $30,156 EST. $50,000 EST. 5aies Tax $9,015 $]23,750 5123,750 Other economic issues related to the property are as fallows: 1. The property is ~urrent~y zoned automative and surrounded by industrial type uses. '(his projeck would ~liminate an automotive center. Furthermore, the property would remain retail and or oNice evQn if it the liquar Iaw was repealed, 2. The current use of the property is not the highest and best use af the prope~ty. 7his proposa! would maximiz~ the property and imprave the site, and improve the south entranCe to our city. 3. Most of the traffic wil! come from outside of Colleyville, thus bringi~g new sales tax dallars into the city that are currently gaing to Ft. Worth. The autamative use currently on the slte is ~aot an ecanr~mically viable business a~d thus the facility has become an eye sore. This project will dramatically change both the outside and inside of the fac+lity. 5 0' Clock Beer, Wine and Spirits recognizes the need far a high level of security in package stores. We will be adopting all of the Crime Preuention Recommendati+ons for Convendertce Stores and Package Stores as r+~commended by the City of eolleyviUe {see attached~. As well as the following: • Monitored security alarm with contact alarms on openir~g. + Visu~l line of site to all entrances and exits frnm the pos. • Visual line of site to ail vehicles entering and exiting the facillty • Carneras monitoring all vehicles entering and exiting the property. • Cameras monitoring all retail space and storage areas. • Cameras monitnring a11 parking and covered loading areas, • Cameras monitoring the frnnt and sides of facilities • A{I cameras will have remote viewing. S O' CMock Beer, Wine and Spirits estimates its annual sales to be approximately $1,500,000. Th~ estimated average titket is $30. 1Ni#t~ tMe traffit being approximately 120 people per day Monday - Thursday and 2~0 people per day Friday and Saturday, S O' Clock Beer, Winc and 5pirits is located ir~ the most southern part of the city, has no residential neighbQrs and has the greatest distance of any existing package stores to sthools, parks and munECipal buildings m~king it an ideal locetion f~rr a package store (see attached mapj. We have extensively tried to carne up with e name that is both marketable and represen#a#ive of the bu$ir~ess and market we serve. Severa) p2aple with ex#ensive marketing background have been cansulted and the foliawing is a list df names that have been prapose~ and are fisted in order by ones rating betier. 5 CI' ~~OC1( .S..~ws Beer, Wine and Spirits It1~13S~ Beer, Wtne and Spirits ~U5i411'5 Beer, Wine anc{ Spirits Chill-N Beer, Wine and spirits L&~. Beer, Wine and Spirits The buiiding an the back of the property will be built when the demand for storage and/or afflce space is needed. 1Nhile it will have no direc[ irsrpaet on sales tax it will directly irnpact the property tax value. The proposed future building will only be built if needed to e»sure futur~ grov,rth. This building cau~d be used should we detide to apen a elass b distributorship. While the likely hoad of this is vcry low due tc~ the overall econom~cs of ctass b distributorships we are considering it as a potential future expansian. Therefore one could say, i# it is needed ta continue to grow sales and then sales taxes will in~rease. The covered loading area Js ~ota drlve ihrvugh~ There will be no drive thraugh windaw and none is planned ar wanted in the future. The purpose af the tovered loading area is to have a covered area to rapidly laad and serve customers that have preordered their purct~ases. Alsa, we wifl use this ~re~ to load and unload presorted orders far our delivery customers. Our intention is to provide a level pf service and cor~venience to our customers rarely offered 1n #his industry. The screened area adjacent tfl the sign has been removed. Its purpase was purely cosmetic. It is, however, important to nate tha# landscape is being added to the front of the building and four parking spots are being remaved to facilitate th~s, The basement area will initial{y be used as storage. Should the business grow and we require additional display space, we Could expand the ba5ernent into a ful! wine cellar with (drge tasting tables or close it off completely from the upstairs and have a whole different use. We redesigned this building and property with the following goals in mind: + Eliminate the cu~rent autom4kive use for both now and in the futur~, • Provide a high I~vel af service and co~veniente to our package cu5tomers. • Allow for flexlble use/growth, in the future, as a package store or retailJoffice. • Provide the highest and best use of the property. • Start redeuelopment in an older industriat sectian of h+ghway 26. It is impartant to note that the new buiiding wauld not only meet the needs of a patkage store, but coufd easily be conve~ted to some other form of r~tail or office should that be deemed the highest and best use in the future. We would install the elevatar when eith~r the downstairs became a wine cellar or the building was converted to office/retail. Exhibit "C" -Site Plan Exhibit "D" - Sign Exhibits ~~lumn~ ~r~ '1 ~" wi~e ~~se 1~ ~4'" ~~II ~'~r~ti~~l plar~e c~f sign i~ 2.' cs~f s~t frarn ~wase t~ co~urr~r~s Exhibit "E" - Building Elevations 8,,.,_y ~ F}.':!~ i~ ~ ~.,+: ~.ry,r~i,y ~ ~~~ ~l 6 x.+ ~!',;;? i i Y, q `" s k ~ r M ° ~ ~''' i ;~ ~~~ ~; ~. i ~ ~~~~~ ~~ ~ ~ 3 Exhibit "F" 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 a convenience/package store. Height strips A convenience/package store shall have height strips 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 a time-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.