HomeMy WebLinkAboutOrdinances (Ordinance O-19-2100)-12/03/2019ORDINANCE 0-19-2100
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.46 ACRES BEING TRACT 2CO3, ABSTRACT 206, IN THE
BBB & C RY SURVEY, LOCATED AT 4917 COLLEYVILLE BOULEVARD
FROM THE CC-1 VILLAGE RETAIL DISTRICT TO THE PUD-C PLANNED
UNIT DEVELOPMENT — COMMERCIAL ZONING DISTRICT;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC19-012; 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 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, among other things, to 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
Ordinance 0-19-2100
Page 2 of 5
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.
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
changing the zoning on 0.46 acres being Tract 2CO3, Abstract
206, in the BBB & C RY Survey, located at 4917 Colleyville
Boulevard from the CC-1 Village Retail zoning district to the
PUD-C Planned Unit Development — Commercial zoning
district, as depicted in the attached Exhibit "A" and Exhibit "C",
and as described in Exhibit "B".
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The purpose of this PUD-C is to allow for an auto and truck
rental totaling approximately 1,602 square feet.
b. This development shall be generally consistent with the
Statement of Planning Objectives included as Exhibit "B".
c. The proposed development is subject to CC-1 Shopping
Center zoning district and all the associated regulations
contained in the Land Development Code, except as amended
by this Ordinance.
d. This PUD-C is expressly conditioned upon the applicant's
development and use of the foregoing property for the
Ordinance 0-19-2100
Page 3 of 5
operation of the applicant's auto and truck rental business.
This PUD-C will become null and void in the event a valid
Certificate of Occupancy (CO) for the business is not issued
within twenty-four (24) months from the date of passage of
this Ordinance.
e. The development rights granted under this PUD-C are
granted exclusively to the applicant and may not be
transferred to another person, entity or location without prior
approval of the City Council.
2. DEVELOPMENT PLAN
a. The development shall be generally consistent with the Site
Plan, Building Elevations Exhibit "C", and Landscape Plan
included as Exhibit "D".
3. PERMITTED USES
a. Uses shall be those allowed in the CC-1 Village Retail zoning
district.
b. The auto and truck rental use as depicted in the attached
exhibits shall be a permitted use.
4. BUILDING DESIGN
a. The auto and truck rental use shall be generally consistent
with the building elevations and specified material depicted
in Exhibit "C".
S.LANDSCAPING
a. The landscape area shall be provided as generally depicted
in Exhibit "D".
b. In addition, the applicant shall provide additional landscaping
(i.e. shrubs and flowers) adjacent to the building on the west
and north sides.
Ordinance 0-19-2100
Page 4of5
6. OTHER
a. The front building setback shall be reduced to 20.71 foot
along Colleyville Boulevard and 15 feet along Old Glade Road
per this PUD-C.
b. The inventory shall be limited to passenger cars, SUV's and
light -duty trucks only. There shall be no box trucks, trailers,
boats, or commercial vehicles rented at this location.
c. A common access easement shall be provided to the property
to the south being the first three (western) spaces closest to
Colleyville Boulevard along the south row of parking to allow
for future connection when the adjacent property redevelops.
d. No monument sign(s) shall be permitted to be erected upon
the above described tract of land.
7. PARKING
a. A total of 28 parking spaces shall be required for the auto and
truck rental business until the time that the common access
is provided reducing the parking down to 25 spaces.
Sec. 5. 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. 6. 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. 7. 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.
Ordinance 0-19-2100
Page 5 of 5
Sec. 8. 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. 9. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 5th day of
November 2019.
The second reading and public hearing being conducted on the 19th day of
November 2019.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, ON THIS THE 3RD DAY OF DECEMBER 2019.
Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 5, Chuck Kelley Aye
Place 3, Kathy Wheat Aye Place 6, Callie Rigney Aye
Place 4, George Dodson Aye
ATTEST:
�L � L
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
OF COLLEYVILLE
Richard Newton
Mayor
Exhibit "A" - Location and Zoning Map
Exhibit "B" - Statement of Planning Objectives
PALIO PARTNERS
A Spertllst In P10WO 0evel6Pmepl WOWS OF Rertaulana anA Retail Companlei
Statement of Planning Objectives for Zoning Application — 4917 Colleyville Blvd.
Paco Partners is a commleccial real estate development company that was formed in 2008 by Brendon Holher, Clark Knippers,
and Doug Alcott, with the goal of providing retail and restaurant clients with the necessary capital and development expertise for
new store growth. Paho Partners has worked with some best -inn -class concepts and makes a point to deliver only the highest
quality product to the communities it develops in and its clients, whether their needs are land redevelopment, redevelopment of
existing structures, or turnkey, new construction spaces. Patio's track record includes tenants such as: illaum Event Entertaitmment,
Chuy's Tex -Alex, Stubucks, Urban Air Tranpohne Park, Genghis Grill, Alattress Firm, and many more.
In January of 2019, Paho was presented with the opportunity to purchase the property at 4917 Colleyville Blvd. ("Property") from
Leon Capital Group. The Property is roughly 0.46 acres and remains as a demolished Sonic site with am existing, severely damaged
parking lot. With a positive forecast of the Colleyville trade area, due to the Hug'. 26 redevelopment and strong demographics,
Paco decided to pursue this opportunity. Foremark Real Estate Services, Patio's leasing team, immediately began marketing the
Pcopert}, trying to find the right end user for the site. Initially, Palio and Foremark thought a restaurant with drive thru was the
highest and best use for the Property. After over 6 months of intense leasing efforts, it was determined that restaurant use is far
less feasible than anticipated, due to tine size of the lot and economics of the deal. Eventually, Enterprise Rent -a -Car connected
uidm Foremark, expressing their interest in relocating from their current location at the Colleyville Doaus Shopping Center.
Enterprise's newest prototypical storefront is a freestanding budding with a detached car wash, a layout that fits eueptionally well
rum the Property. The prototype calls for heavy use of brick and other masonry materials, which results in an extremely high -
quality building in terms of aesthetics and durability.
The Property is currently zoned CCI, which does not allow for Enterprise's use, categorized as "Auto, Truck or Trailer Rental"
by the City-'s Land Development Code. Although this use is prohibited in CCI, Palio and Foremark believe that Enterprise
functions more as a retailer, rattier than an automotive use. Over the past several months, the principals at Paho have met with
the City of Colleyville several tunes to discuss the possibility of rezoning the Property. Per the CiWs recommnendation, Palio is
pursuing a zoning ch+mge from CCI to PUD. Paho believes that Enterprise is the highest and best use for the Property for several
reasons. As mentioned above, the Enterprise building and car .wash lay out very efficiently on this site. Foremark has contacted
the owner of the adjacent Red Barn BBQ site multiple tunes inquiring about a purchase. The owner has mentioned that they have
absolutely no interest in selling. Without the ability to combine these parcels, we are extremely lutited on size. The difficult access
when heading southbound on Huy. 26 make this more of a destinational site, which is far more suitable for a car rental service
compared to a restaurant user. This site's location on a heavily traveled thoroughfare used to get to and from an airport also plays
very well for a car rental service. These factors combined make the Property a very ideal location for Enterprise, and a less ideal
location for a restaurant. The Paco and Foremark team believe that all of Ilus makes Enterprise not only a highly compatible end
user, but also the right tenant for the Property. Enterprise is a proven, highly successful concept that has shown it can and will
operate for decades to come.
Enterprise Holdings, Enterprise Rent -a -Cats parent company, is a privately held company with over $24 billion in annual
revenue. Enterprise Rent -a -Car has long been regarded as the premiere car rental service throughout the United States, being
called the number one car rental company in terns of customer satisfaction from 2003 through 2011 by J.D. Power and
Associates.
Pallo Parinees I Campl,ell Centre 1 1 8350 North eenlul E.pretswo, svlN 1313 1 041943. Te,4aa 75206 1 214,561.6500 1 w—palloparIner1,<om
PAHO PARTNERS
P Spt(Wisu In Preferred Development Solutions for aestaurorn and Retail Cami,mlet
Palio Partners' plan for the Property is to redevelop and improve the site for a freestanding Enterprise Rent-A-Car. Our current
site plan shows a 1,602sf building with 28 parking stalls. The building will be comprised of nnainty brick, with numerous
articulations; to create an enhanced aesthetic and break up any continuity. The structure will have a high proportion of storefront
and a metal awning system, both of which greatly increase the curb appeal of the building. The building will include stone
wainscot and abundant new landscaping to match the reinnagined Hwy. 26 corridor. Pabo acknowledges the higher standards of
land and building development imposed by the City of Colleyville and intends to not only meet, but exceed these requirements. It
is our intention to own the Property for the term of the lease (20 years, plus options), showing om commitment to not only this
Property and Enterprise as a tenant, but also to the Colleyville trade area as a whole.
At this site, Enterprise will rent cars, mini -vans, SU Vs, pick-up trucks mid 15-passenger vans. They will not rent box trucks or
other commercial vehicles. Enterprise's hours of operation would be Monday duct Friday from 7:30mm — 6:OOpm and Saturday
from 10:OOam — 2:OOpm. Enterprise will be closed on Sundays. Enterprise intends to have 3 — 7 employees at any given time.
Enterprise has mentioned that they run their business based on utilization mid the flow of their business is typically during the
week. For example, Tuesday thruThursday there may be only 3 — 7 cars on the lot, and then on a non -holiday weekend they
could have as many as 20 cars on die lot. Based off utilization, they use teams of drivers and personnel to move vehicles where
they are needed. To sum rep, their business model is to keep cars on rent and they will move vehicles around locations to
maximize that.
In conclusion, we believe that Enterprise is the best possible temmit for the Property. Enterprise has been very successful in
Colleyville, and this site provides an opportunity to better their presence mid better serve the Coffeyville community. Enterprise
has served the Colleyville community for many years and this relocation effort shows further commitment to provide Colley ville
with the best service and presence possible.
Sincerely,
8� �&
GJ1111Y11. \r —%7fLG Pldll CIIIU OUIIUIFIU CICVdCIVI75
93T'JNIi133N1'3N3 oa a
XL'H7v 'f'io3
��. RQV7\J UJ NVid 3115'IVl1dd3JN0] in
_ 3SladaalNa 03SOdOad 3f
d 1
13
�
I
I
I
�
�
I
'
n
I
=ii-
1 _ eM.
E
Exhibit "D" - Landscape Plan
(D a) & 3k.I
w
! It IIIp If Es tie13( `= tyq 9 °°
( $
tt a e( 9 I t y
i 9 191- t Ifat °aQ 4aa� °l tad ° `'.� tt t i t �t °! �t '1 i
tl , ! 9'
!S all 6g ,al1's 1§ �i ;I9 lira :lta
� p!a ll j'ea°tC i:'I i°! �p3°° l ij Ia i� I asi1� �l ,�ti , , �ii (u
FIli °
° tlill�'t ! �e
loll
6 �! 9°ttl �t i;0y °11 'a°R :� iI �gIlI it
5p� REll�p@°l I
§ 0!HE $it99�p{6°�]�� 11111111
[i IapBti g}E�yl�g` I`g��3ja t@
IN 9i 1t°1t iftlt Et 4 :l°Sle4 �s
9B
d
2M
,z
�5