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HomeMy WebLinkAboutOrdinances (O-11-1817)-12/15/2011ORDINANCE 0-11-1817 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1 OF KROGER ADDITION LOCATED AT 4904 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF- PREMISE CONSUMPTION; 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. ZC11-025; 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 0-11-1817 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 the sale of beer and wine for off-premises consumption on Lot 1, Block 1, of the Kroger Addition located at 4904 Colleyville Boulevard, as depicted on Exhibit "A", Exhibit "B" and Exhibit "C". 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 beer and wine sales for the purpose of off-premise consumption as described in Exhibit "B" and depicted in Exhibit "C" of the existing 57,000 square foot area on the subject property. b. The front fa~ade of the building containing the alcoholic beverage sales shall contain a minimum design score of 30 as described in Chapter 6- Building Design in the Land Development Code prior to the issuance of the Certificate of Occupancy. c. Prior to the issuance of the certificate of occupancy, a 24 foot wide access lane shall be installed linking Glade Road to the existing access easement that connects to Village Lane. The access lane alignment shall be generally consistent with Exhibit "D". The lane shall be depicted on a site plan that meets the requirements of Section 1.18(B)12 of the Land Development Code and said access lane shall provide for the safety of pedestrians and the calming of traffic. Final approval of the access lane alignment, safety and traffic calming features on the site plan shall be required by the City Engineer prior to installation of said lane. Ordinance 0-11-1817 Page 3 of 4 d. A variance to the 300 foot distance requirement to churches, public or private schools or public hospitals is hereby granted by this ordinance. e. Upon issuance of the certificate of occupancy, all existing parking spaces provided on the subject property are hereby deemed to be in compliance with Section 3.29(J) Parking Group Schedule of the Land Development Code. This statement shall only apply in conjunction with the specific provisions and allowances of this Special Use Permit. 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 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. Ordinance 0-11-1817 Page 4 of 4 AND IT IS SO ORDERED. f d' d bl' h b' d t d th ~ day of The ' t rea ing an pu ic earing eing con uc e on e 2011. The cond readi and ublic hearing being conducted on the _r!y~~ day of .~9 p .~ r~ ,~ifr~ 2011. ATTESY ~ynthia Singleton, TRMC, City Secretary , D.'~.~ C CITY OF COLLEYVILLE ~'~~ r--, ,< _ _..~ ~~, ~~~ ; David Kelly ~~ ,i 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 t~unaway Na. 201t~097.009 C?~t~ber ~1, 2t?11 C~ty c~fi G~14eyvilCe Gornrnunity Qeve(c~pment Qeparkment ~ t70 Main Street Colleyuil(e, T~ 7~034 Refer~nc~: Special tJse Permi# Request 4904 Colleyville Blvd. ~7ear Madam a€ ~ir: C}unaway Assaciates, L. P. is pEeased tQ provide th4s letter alt~ng with #he r~quired infc~emation pertaining ta the Speciai Use F~ermit Paekage ta alCaw pr€~pased Beer and Wine SaEes ~t the aE~ovs ref~r~nced 6ocati~n, Cu~ntly this iocation, previously a Krr~ger Grocery s#ore, is being evaluated for use as a proposed 1Nalmart t~e+ghborhood Market Grocery Stc+re. As part of this ~ro~c~sed use, sale of b~er and ~vine for offsite consumptian is propased, ther~fore a request #or ~n SUP to sale pack~ged Beer and Wine is being submitted. ~'he pr~rpe~sed Walrnart Neighborhood M~rket would off~r a quick and convenient shopping experience fcsr eustomers who nead grt~ceries, pharmaceutica(s, and same general mercnandise. It is estimated the store would emplay apprtaxirnately 95 ~ss~ciates, The ~xisting building which th~ s#or~ wiE( o~c~py i~ approximaiely 57,000 SF The prop~sed Waimart Market is antciaip#ed t~ t~pen in the Spring pf ~013, bu# may be accelerated. It is anti~ipated tha# the store wr~u(d be ~~~rr 24 hour~ a day, 7 days a vueek. PEease do not hesitate tc~ contact us w~th any questie~ns or concsrns. I car~ be reached by phc~ne at 817-335-1121 Sincerely, pUNAWAY ASSCICIATES, l..P. a T'exas limitetl partn~rship hristtip e .W ' iggers, P.E. 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