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HomeMy WebLinkAboutOrdinances (O-11-1815)-02/06/2011ORDINANCE 0-11-1815 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1, OF THE DAVIDSON ADDITION LOCATED AT 3900 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A CONVENIENCE STORE WITH GASOLINE SALES AND BY; AUTHORIZING A SPECIAL USE PERMIT FOR ALCOHOLIC BEVERACaE SALES FOR OFF-PREMISES 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. ZC11-022; 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 'i to, among other things, the character of the districts and their peculiar j suitability for particular uses, with a view to conserving the value of I, 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 ~y 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'~ Ordinance 0-11-1815 Page 2 of 4 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 i 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 i zoning map by authorizing a Special Use Permit for a convenience store i with gasoline sales and a Special Use Permit for alcoholic beverage sales ~ for off-premises consumption on Lot 1, Block 1, of the Davidson Addition '; located at 3900 Colleyville Boulevard, as depicted on Exhibit "A". ! 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. I 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 uses in combination of a'. convenience store with gasoline sales and alcoholic beverage sales for off-premises consumption described in Exhibit "B" and depicted in Exhibit "C". b. The convenience store authorized by this Special Use Permit shall not exceed 2,940 square feet in size. 2. PARKING a. All required parking including the number, location and dimensions of parking shall meet the minimum requirements of the Land Development Code. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. Ordinance 0-11-1815 Page 3 of 4 Sec. 5 4. SIGNAGE a. All required masonry portions of any monument sign constructed on the , subject property shall be composed of natural stone. Otherwise, all '~ signs advertising the convenience store shall meet the minimum I requirements of Chapter 7-Sign Regulations in the Land Development i Code ' 5. DEVELOPMENT REQUIREMENTS a. The building design of the business shall be generally consistent with the attached Exhibit "E". Otherwise the final design shall, at a minimum, have a design score of 30 as described in Chapter 6 of the Land Development Code. All exterior wafls shall be composed of 100 percent masonry materials. The masonry material shown at the base of the support columns for the gas station canopy and the base of the front and side elevations of the primary building, as depicted on exhibits "D" and "E", shall be composed of natural stone. b. All dumpsters shall, at a minimum, be screened with a minimum eight foot high masonry wall and shall, otherwise, meet the requirements for dumpster screening in the Land Development Code and as shown in Exhibit "F". c. The convenience store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "G". d. This Special Use Permit shall automatically expire upon the abandonment of the business as a 7-Eleven, a change in the use from a 7-Eleven as described in Exhibit "B", or upon the expiration or tPrmination of the Certificate of Occupancy. e. All requirements of the Land Development Code shall be met, exr,ept where amended herein. 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 Ordinance 0-11-1815 Page 4 of 4 Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall I have the right to seek injunctive relief for any and all violations of this I 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 ' st readin and ublic hearin bein conducted on the ~ day of ~, 9 p 9 9 ~- , 2011. j The s cond readin and ublic hearin being conducted on the ~ day of ~''~, 9 p 9 2011. '~ ATT T• CITY OF COLLEYVILLE ' . ~ , ~~ ~ /~\~ ~~ nthia Singleton, TRMC, C David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: ~~~~~ ~' ~.r Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map =~~~~~~ 4~c3 4~~ ~7g ~ ~~3 ~F i~"f~ Site ~~~~~~E~ ' ~~ ~il _.-~ ,~ -~ ~~ ._ Chee -ypar;er ~,d, . _.----- .._.._-- ~ : ~ ~ ~ PUdC t ~ ~~v3 CC3 ~ t ciry af Hu~st ~ y~ ~,,, ~ J1.11 ~_t.1 ;~ii ~n.r .r,d i1u ,ii.~ vio ~ -~._~ .. ~ . ~ ~ C G 1 ~j ,- --, _ I ~ ' ~ I ~ :3E~1~ ~i I ~ ~ 11 ti^. ::"]i ?03 115 51t ~~' .y~~ ~ ~ ~ FUDR _ j ?,7tn ~ 3!'ye ~~~'1 I ~ ~ , ~ ~.7 i~. ' ~ ~ ~ :~y 'C~i ~in~ I ~~ , ,T,a 7~~ -,~• i ~ ~ ~~ ``,. !" ,: t ~ ?,71d ?;71 s ~ ~j • ~ r'~ i ~ 4 3T1 ~ ' 4 J : ~r.~q "s?~H ;;,~-~; . ~~C3 =r~r? ~ ~~j,3 ~ ~,n~s I -~-1 ._... - ::7U5 7 "(7f1J ~?~:; 1-~70 ~ ~ r„+~, - s7Cd I j [j.~ Exhibit "B" - Statement of Planning Objectives This stare will generate jo~s for 10-1 S people_ 7-Eleven pro~eds total store and fuel sales in excess of $1.5MM, which equates to ~n estimated $100,040+ in sales tc~x revenue in the first yectr alone. This doesn't inc~ude property tax rewenue. • This store will sell diesel_ Currently tl7e C:olleyville Fire De~artn~ent vehicles are ^II fveled by cliesel and must trc~vei ta onother jurisdiction for their cJas_ • Co]leyville has nat h~d a new e~as siation dsvelo~ed in 15 years_ • This 7-Eleven will not only meet Colleyvifle's archite~ctuo~al requirements, f~ut will exceed them improvintJ the averalf loak of the intersedion_ • The sale af beer and wine will be restricted and limited to the available hours per TABC requia~ements. • This location will be con~enient for bath the citizens of Colleyville oncl Hurst. • 7-Eleven builds a very "Green" builcling with many LEFQ certified design ~lements_ This greatly increases eneagy efficiency and decreases power consumption tfirouc~h the use of SIPS panels (R- value of 32), LED lighting, increased irtsulation, and skylight~ • All of the (ighiing for the interior and exterio-- of the store will be LED lighting_ This, dean, white (ight significantly ~educes ene~~gy consurnption and light pollution, and aids in security ]~y allowing the~ site to bs batter lit_ • This 7-Eleven store will be open 24-haurs a clay. Due to few lote night options in the city, this stor-e will pravide Colleyville citizens a convenient late nie~ht option f~r gas and fc~ocl_ * 24-hour se+curity monitoring keeps neighborhoods safer_ • Clue to the TXD~T Riqlit-of-Way taking, there will be limited developable area for any other use, making it ideol for a canvenience stare and fuel_ - The tvwa access points on Calleyville Bnuleyard will be consoliclated into ane and moved away from the irrtersection, improving safety and optirnizing ~ccess for this type of use_ • 7-Eleven's purchasing power al9ows them to sell high c~uality gctsoline at a lower price than its carnpetitors, offering the peaple of Calleyville another fueiing option. + Corr~rnunity outreach is an impoiiant pa~t of 7-Eleven's business motlel_ • Faod made fresh daily, selling higher quality ~raclucts thnn their eam~etitors_ •~onvenience, food, grc~cery services for the neic~hborhood - the neighborhnad store_ Exhibit "C" -Site Plan MiIU-GIIIES BCiJLEVAND_. _ _ _ _ _ _. _ __ U=I6'S8'S2' . . oo~eez3_ uFUmm. ` . ' . .. .. f ~ Exhibit "D" - Sign Exhibits `~ ..~ ~ ~ 4'Y~4lM[4~[l'•:tIY~ .li> ~:u.tNiO'.~.vf;IVP,. ~W4 e: ~ F~,Na-•.+t»an0u~•y~N; r ..r ~ ~~ uk :~c'iqc,~. ~ "a . C ` ~ ...i II c \\ ~ F ~ . . . "J'_'_ ' ____ . . ~ ~ ._ . . ___ ~`J t EL~11 ~ ~_. \ ~. . . . . - . ........ ~ CM:GN~Oyi41C01~1N-R1~ • ~'. ~ : } _ ' t .5: .. . r . . . . . . . . . . . . . . . . . . ~ 0 2 ELEVATIQN - RQGHT SIDE . / . uRCK~+. ~a~nEn e pteu)n .~ pv~s n~D~cL t~i~r~r. PYFafN[0 l ns-.~ ,, ~, u[r..a ~i.,~.re• ct. c~-inu _ .. r,~.yi=v~ ~)r} m!tNLJ~!G ' . lWl~ ai6a`G ~i~l raUni -en '.C~6N~0..S'UYP._ [cT~ :.I ~_rv..~.i_f:Myf~.[t(rf_ ~ I Nryi C :C:ti~ ~ .~ ~ "d.MUiF:?:r~ i:5 / . . . . ,_a / ~~ ; ,~'r f sr ~ / INC~~ ~ ~ia~„ - .~ lW4W tG - ~ 1 .,cw.uuµw_sr~.iw ~K` ~5 'u~r nw°~•'wnt+~cn OM~:1n.42 1' `! - ~ ~ l . .i ~ w ~~ ~ - ~ S ~ ' ~ . ! l L 1Y o'vl '., .. . ~•~ r,. ~ ~re ^~' J r~' ___ _ . I . _-_ _ " a 4:=TRih. ~ - ___ _ _ - _ ~ ~ Fsc \ ~-___--____~-___ ~ pr:w~TP~ ~ I 4 ~IkC1i "'G A.~- . ... , . ~ ' _ l IlYY~7 1 1. 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[.z~.ur~4er.ct rr ,r { { x '~''~ / ~V_' 3 GiR+ldl P.IIC~ V'10 C'~'ra11 1 ELEV~TIC3N - FRONT Exhibit "D" - Sign Exhibits continued 13• , ]" 127'• PHOPOSED MOGELD25 MONUMENT S~GN WITX LEO PR~CE P~NEL SIDE ELEVATIC}N ~ ~ ~~ ~; ~~ ~~ j k ro i v ~ i FR4NT ELEVATION Exhibit "E" - Building Elevations coos~ruECK uc~m~ Fl~ur~ CORNlCE : WGH-IMPACT EIFS -~ PA1M:vW~v NMRE DECORA'f1VE HORIZONfAL DEfAIL HfCtfI~ACT EIFS-~ ACME BRICK - BI.RGUNDY SliADING CJWOPY - MECHANIChL - - ENCLOSVRE LIME'TONEB/SE s' -ac I-~ ~;•d•I, I^_'-V~3'-8~12'-:~~3~~' 12'-2 4'-11. ,~,- T LEFf ELEVATION FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION '~~~~~ ~ • . , ~' ... P ~ ~-- nF ~/ \_~ ~ ~I. g d 14'-5', 2d'-4' 14'-5 4'-6'~ ~1~'S, a~ ~, ~-' f-~ ~ .~, ~-:_`-' ' _. _. _. IR ~°t ez-v t'-3' . _. . ~ . ~~ .. ~- '~ 4•-5' 2'-B' 4'-5' 14'-Z" 3'-4' tO-8' 4'-8' STEEL TUBE 3ET °<' OEPTH INT~ C~JNC. FfG. - PAIM. P3 SIDE ELEVATION G O ~ b 14'-0' ~ n TRA5H ENCLOSURE PLAN Exhibit "F" - Trash Enclosure Elevations REAR ELEVATION MEfAL DUMPSTER GATE CORRUGATED METAL OVER 2 1/?' z?' x 14i° STEEl ANGLE FRAME GATE ELEVATION - B'zd" STEEL ~:°_' SEf54'DEPTH:NT~~ CONC. Ff.P- ~ PAINT: BR04~ HEAW DUTY HINGES 1-1f2 PR'GA7E Exhibit "G" 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. Definifions Unless otherwise expressly stated, the following terms shall, 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. "Manager" 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.