HomeMy WebLinkAboutOrdinances (O-11-1804)-09/08/2011Denied September 6, 2011
ORDINANCE 0-11-1804
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. ZC11-013; 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 0-11-1804
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 shatl 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".
3. SIGNAGE
a. All signs advertising the package store shall meet the following
conditions: (1) the new monument sign and wall sign shall be generally'~
~r
Ordinance 0-11-1804
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".
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 viotating 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,l
affect the validity of this ordinance as a whole or any portion thereof other i
Ordinance 0-11-1804
Page 4 of 4j
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
2011.
The second eading and public hearinc
2011.
AT EST:
being conducted on the ~ day
bein conducted on the ~ da of
J ~ Y
CITY OF COLLEYVILLE
/
Cynthia Singleton, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
David Kelly
Mayor
Exhibit "A" - Location and Zoning Map
Exhibit "B" - Statement of Planning Objectives
S ~' !C!~-+ck ,s~
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[ornpany avefrvlerw
5 t~' ~~ck 8e~r, Wine and S~irit~ ~s a retail Stare that pc~vide~ win~e, spir:is, t~e~r ~nd ~ncillary it~ems fqr
sa~e t~ its custvme~s. The retail stvre w(il ~e apen firorn 1[~arn t+~ ~pm ~4fanda~y through 5~turd.ay. V~+e
{~~an ta err?pica~+~e 5 pec~ple outs':de ~f ~anagem~nt. F~rt~~rm~r~, we ~lan to uti€iz~ tethr~alogy tc~ bc~Rh
enh~nee thc ~u~tflmer experie*tce and g~rvvi~l~ v~icae added senrice tq mur cUScorr~ers, The expected
econt~mit impact v# ihe #~ckity is as folincas.
Curr~nt F+rapcasee~ Future
~uiidirr~ square tQt~tag~ 37~2 +~4Ufa T1,~6
Prc~perty Ta~es $i~D,377 $3~.i~fi ~ST. $5C?,~U[~ E~T.
5a1e5 Tax ~9.C319 5123,750 51Z3 750
Ot#aer economi~ issues r~~ated ta the pec-Fe""rtY are ~s f~ltow~:°
1. The p~ot~~t4r is curr~~tl~ zon~d a~Eomotiv~ ancl ~urrc~urtd~c3 ~Y industrial t~p~ us~. This
~eojeck wauld e~irnin~te an aucarracti+re ~cente~. FuTEhee-nQr~, the property would rernain rekail
and ~r ~f~ce ev~n if ii the {iqtror law was reD~ate~i.
2. 7he currer~t use a~ the prflperty is nut th~e i~igh~st and hest use of th~ property. `fhis praposal
~ou9~4 maxirnize t~e prapr riy and irnpeave the site, and irnpfave th~ sc~uth entrance t~ our
t~ty.
~. M~rst p~ tFw~ traff~c wi11 cc~rne frt~rr~ r~uts~de of Calleyuil{+e, i~us bringan~ n+~~r sai~~ t~x dollars intc+
the city+ t3~at ar~ e~rren#ly gc~in~ ko Ft. Worth.
The ~~+CS~mcatiwe use turrently pn th~ s~~~ is ~c~t an ee~namicallyr viable be~sines~ and thus the f2ci~ity has
~ecom~ an eye sQre. 7t~is pru~e~t will dr~matica(ly ch~r~ga b~th the outsi~e and a~sid~ ~f the #aci9ity.
5 C~' Cic~ck ~e~r, Wine anti ~pir9t~ ree~gnizes th~ ne~d fc~r a hi~#~ le~~l of security P~ pac[ca~~e stcares. ~V~
wrilt be a~aptin~ ~If caf tt~ Crime ~r~uentian Rec~rr~rt7ent~acioras fc~r Ccanveniente Stares and P~cka~~
5tares as rete~mrree~d~ed ~ry th~ City af Colleyville ~s~e att~ch~d~, ~~s w~li ~as the ~c~lft~wii~g:
s tvtonitc~r~d s~cur~ty atarrri with cc~ntact ~[arms on o~enies~.
• Visuat 6ine af siCe tr~ a€I entran~es and ~xics frcam t~e pc~s-
* V~suaE line of site ic~ atl vehi~~~s enterEng ~an~ exiting khe fatil~cy
• C~rrserds rn~onit~~in~ a~l v~hicles entering an~i exitirag the praperty.
• Ga~eras rnc-nito~ing ai{ retail space and st~rage areas,
• Cam~ras rr-cr~ritcsrin~ atf ~a~'k~arog arad et~v~~'~d [~rard~~g, areas.
• ~arra~r~s tria~it4~'ing th~ front and Sir~eS t~f factli€ies
. AIl c~m~ras wil9 h~v~ +~~mote wi~wing-
S O' Git~ck B~c~r, W~r~e and Spirits ~stirraates it5 ans~~al sales tta b~e ~pRrQxirn~t~ely $1.5~!,C~tIC}. The
estima~ed ~tverage tick~t is ~3~. Wit~- tkuu~ traffic being ap~r~ximatePy 1~0 pevpi+e per day Mrtonday -
1"hursd~y ~nd 2~tG~ p~pl~ p~r day ~fiida~+~nd Saaturd~y,
5[!' ~k~~k Eieer, WVine and ~~irixs ~s la~ated in the rrrost sr~uthe~°rt part ~~ Ch~ city, has r~a residen4i~t
r~ighl~ar~ and has #~e gr~at+est t~~5ta:tt~ ~a~ ~nY ex(sting packag~ stcrr~s tc~ sc~ac~a~s, parks ~nc~ cnun#~epai
bui~d6ng~ r~aking it an id~a7 ks~~~i~rr ~or a p~ska~~ stare ~~ee attactc~d map~.
Vide i~ve ~xtensiv~ly tried tt3 c~me ~p w~ti~ a~ na~ne ti~at Is both rrt~rketabl+~ a~c~d r~~res~entaLiwe ott~e
b~siness and m:ar~et snre s~rwe. ~e~r~ral p~ople witM exters~'ve rn,arketing B~~c4c~r!aur~d h~ve be€t~
cansuEA~d and th+~ foll~awir~ is a list of rkara~es #h~t fiarre b~n Rro~~se~i and are {ist~€t in c~r~r bY ~nes.
r~tin,~ b~etter.
~ ~' ~~~~{~ ~ Be~r, Wlne and Spirits
~i1~~5~ Beer, 'UVin~e ar-d Spirits
~U51~1~'5 ~~er, tNir~e ~nd ~p~ri~s
Chill-N ~e~er, vuin~ ~d Spir'~ts
~.~cL ~e~r,1~t~'it~~e ~w~d S~Sirit~
The screcned ar~a adja~ent ac~ Eh~ sign ~as been remaved. ~#~ purpvse was pure~y tasme'~c. It is~
taawever, impc~rtant t~a n~aCe th~E I~n~ts~ape is b~in$ ~d~1~d to tE~ tront c~# the bui~d"ang an,d fau~ parkirag
spats ~re ~~ira~ r~mav~+~ tcr f~cflitat~ th~s_
Th~e bas~m~rrt area ~ild initiall~/ b~ ~+se~1 as~ ~tor~ge. Sh~trtd th~ t~usirr~s5 ~row a~ttJ we res~uir~ aa~ditie~r~~l
ci3spCay space, we c~ruld expand the base~ent ~r~ttc~ a fuEf ruin~e ce~~ac va i~ targe tasting t~b',es or clas~ it
off ca~mpletely frvm the ~,pstairs an~ have a whole r~~€fPrent use..
V+1~ redesigned this t~vil~ing ~nd prca~erty with t1~ #al3cawing gvaks in rnind:
* Elirninat~ the current autamc~tlv~ use fc~r bath n~w anti ~n the futu~~e.
s Pr~avide a F~~gh 9ev~l a# seru`ste and tr~ravenie~rce tv ou~ ~atk~ge customers,
. Alfo+x for ft~xible us~/grear+rtlnf in the fu#ure, as ~ p~ckage stare or r~etai~fr~ffice.
+ P'rovid~ thc hA.gheSt aCtd best us~* ~f the prra~erty•
+ Start r~d~'v~(~prt~~r~t ~rt an oitier fnclustria~ secfi~n of txigh~vay Zb.
it ~s ~mp~r~~nt t~ n~ste tY~at th~ r~ew bui~din~ w~uid r~+bt ~ihly r~~~t tk~ r~~~cis r~f ~ package st~re, but
etauld e~sily be conarerted tra sor~te c~tt~er f~rt~rt ~f retail ar ~iflc~ shr~ufd that b~ ~Ieern~ti tf~~e highest ~~+d
b~~i tese in the future.
L'+le wuutd +r~staal th~ ~leu~t~r w~~~ e~tttier th~ do~+nstiai~s becam~ ~~r~ne c~il~~ ar the ba~ilda"rr~ w~~
~~nvertE~d t~ a~fice}reta-f_
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Exhibit "D" - Sign Exhibits
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Galumr~~ are 18"' wid~
Ba~~+e is ~4"" ta#t
V~rtiC~k p1an~ C-f si+~n i~
~"' ~~f s~t ~rc,m E~as~ ~ co~ur~ns
Exhibit "E" - Building Elevations
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 shatl, 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.
"Manage~" 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.
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