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Home My WebLink AboutOrdinances (Ordinance O-19-2102)-12/03/2019ORDINANCE 0-19-2102 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.378 ACRES ON LOT 1, BLOCK 1, IN THE APPLEBEE'S ADDITION, LOCATED AT 5150 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. ZC19-014; 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 requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners Ordinance 0-19-2102 Page 2 of 5 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 1.378 acres on Lot 1, Block 1, in the Applebee's Addition, located at 5150 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 a restaurant with drive-thru totaling approximately 5,064 square feet. b. This development shall be generally consistent with the Statement of Planning Objectives, 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. Ordinance 0-19-2102 Page 3 of 5 Z. DEVELOPMENT PLAN a. The development shall be generally consistent with the Site Plan, Building Elevations and Landscape Plan attached in Exhibit "C" and Exhibit "D". 3. PERMITTED USES a. Uses shall be those allowed in the CC-1 Village Retail zoning district. b. The restaurant with drive -through use, as depicted in the attached exhibits, shall be a permitted use. 4. BUILDING DESIGN a. The restaurant shall be generally consistent with the building elevations and specified material depicted in Exhibit "C". 5. LANDSCAPING a. The 20 foot landscape buffer required along Colleyville Boulevard shall be allowed to be reduced to 10.5 feet adjacent to the 6 spaces near Pleasant Run Road. b. The landscape area shall be provided as generally depicted in Exhibit "D". 6. OTHER a. In lieu of a solid 30 inch wall along Pleasant Run Road, a live screening of shrubby shall be installed and maintained in conformance with and as shown in Exhibit "D". 7. PARKING a. A total of forty-nine (49) parking spaces shall be required for the restaurant. 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. Ordinance 0-19-2102 Page 4of5 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. 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. JAND 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 A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF DECEMBER 2019. Mayor Richard Newton Ave Mayor Pro Tem Bobby Lindamood Ave Place 1, Tammy Nakamura Ave Place 5, Chuck Kelley AYe Place 3, Kathy Wheat Ave Place 6, Callie Rigney Ave Place 4, George Dodson Aye Ordinance 0-19-2102 Page 5 of 5 Christine Loven, TRMC City Secretary APPROVE S O F RA Whitt Wyatt City Attorney CITY OF COLLEYVILLE C71L/Vv� Richard Newton Mayor 84 Exhibit "A" - Location and Zoning Map SA LANE VERANDA LANE w 9204 81 79 � 97 53 4 35 35 a Q �.. 16 PU D- z3 i- 76 6 7fi dso 50 34 34 -... 134 26 6 28 �y 58 0 42 34 2fi 26 14 is MAIN STREET 7 55. 75 55 55 55 55 33 33 33 p 23 23 75 33 33 33 I 17 68 ._ 85 88 85 a;O3MSj[3�43]0 13 Pu as PIAZZA LANE 13 4 S5 85 S5 61 59 �455 3 91 I37 35 Cb� Y 1 5113 5108 AG 60 a P D-C 5113 sa 5101 2 51 R-20 Sa ...si r 5109 I44 s1 m 5025 37 s '"" 5O16 5017 32 32 24 Exhibit "B" - Statement of Planning Objectives Statement of Planning Objectives The property located at 5150 Colleyville Boulevard and platted as Lot 1, Block 1 — Applebee's Addition is currently developed as a dine -in restaurant that has been abandoned for quite some time. Chick-fil-A is proposing to demolish the existing abandoned dine -in restaurant and develop a new dine -in and drive -through restaurant. The development of the Chick-fil-A restaurant will require the property to be rezoned from Community Commercial — 1 to Planned Unit Development. The Chick-fil-A development will provide an approximately 5,064 s.f. building a with drive -through window, multi -lane order point stations with canopy, an outside meal delivery canopy at the drive through window, 49 parking spaces, and associated access drives. The Chick-fil-A will utilize the existing access points from Colleyville Boulevard and Pleasant Run Road as currently constructed. 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