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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. 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