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HomeMy WebLinkAboutOrdinances (O-12-1825)-02/21/2012 ORDINANCE 0-12-1825 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1 OF THE APPLEBEE'S ADDITION, LOCATED AT 5150 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-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 a rezoning under Case No. ZC12-004; 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, 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 Ordinance 0-12-1825 ; 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 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 Lot 1A, Block 1 of the Applebee's Addition, located at 5150 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit "A" and described in Exhibit "B". 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. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called "The Londoner". c. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the Certificate of Occupancy for the restaurant and shall be generally consistent with Exhibit "C". d. The 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. Ordinance 0-12-1825 Page 3 of 4 2. HOURS OF OPERATION a. The hours of operation shall be as follows: Monday - Sunday: 11:00 a.m. - 2:00 a.m. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. b. 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. AND IT IS SO ORDERED. T e first reading and public hearing being conducted on the '~ day of 2012. T e econd reading and public hearing being conducted on the p~/ ~ da of Y 2012. Ordinance 0-12-1825 Page 4 of 4 ~ CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ..~~ ~1 ~ ~' ~. Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map NORTH Exhibit "B" - Statement of Planning Objectives The Londoner Application Business Plan Com~anv History- The Londoner Pubs have been operable in the DFW Area for over fifteen years. Barry Tate has operated restaurants and bars in the DFW Area for over 20 years, with his first bar, The New London Tavern, opening on Greenville Avenue in the early 1990s. The company has grown rapidly in the past three years and The Londoner Pub has a trademark application in the process of review with the U.S. Patent Office, anticipating more expansion in the next few years, with a goal of eventually franchising to neighboring cities and states. Each Londoner location will operate under its awn Limited Liability Company. While this model has worked in the past, with rapid growth The Londoner is currently undergoing changes to form a more corporate organization. Within the next year, each Limited Liability Company for the individual businesses will be managed under an umbrella corporation. This larger corporation will employee several officers which will work to oversee all of the restaurants. Currently, each Londoner restaurant has: a general manager, responsible for handling day to day operations and keeping basic finances; a bar manager, responsible for assisting in day to day operations; a kitchen manager. Current coiporate employees include an executive Chef and Tate-family members. It is the goal of Barry Tate that within the next year, the corporate positions will be more clearly defined and corporate employees will be employees of the management company. While in transition to a more corporate set-up, there are still many aspects of how The Londoner runs which have been honed over years of experience in the restaurant business in Dallas. Attached you will find an employee handbook. Each Londoner is designed and hand-built by the owner and this care and family-feel comes across in each of our locations- this will not change with a more structured corporate set-up. Each of the Tates and each General Manager are expected to keep a constant presence at The Londoner- greeting customers old and new. The Londoner in the Marketplace- The Londoner Pub offers something that most neighborhoods, especially the suburbs, seem to be missing. Every city in the DFW Metroplex has its handful or more of chain restaurants, where you eat and leave immediately, has its handful of sports bars- where you can relax and catch a game with a cold bud light, these places aren't somewhere you go for the food or somewhere to take the family. The Londoner offers the best of both worlds; it's a reasonably-priced restaurant with good food- not fancy, but always good. The Londoner is a place where you can take your family for dinner, where you can meet with friends for happy hour or where you can watch a game with a cold beer on hand. The Londoner pubs offer all of this, in addition to a beer selection which cannot be found in many restaurants outside of downtown Dallas. The Londoner is the fun, laid-back hang out for anyone- from your group of single friends to a mai-ried couple looking for a night out close to home, to your family looking for something affordable but a little more fun for mum and dad than McDonalds. This is why The Londoner can thrive in both the single 20s and 30s markets of Addison and Uptown Dallas and can also thrive pn the family-oriented markets of Frisco and Alleni Marketing Approach The Londoner is a well-known establishment, especially the longstanding Addison location. The Londoner's marketing strategy is to have a consistent advertising scheme to keep The Londoner name as a whole in the public consciousness and to continue to build "our brand". Over the past year we have realized that the way to do this is largely through social media and internet advertising. The Londoner has a Facebook page for each location- through which fans can keep up-to-date on events and parties, soccer and specials. The Londoner also has a monthly ad-campaign with Facebook fanbase solutions. These ads target people who list "restaurants" or "nightlife" as interests that are in the surrounding area. Each Londoner location also has its own listserve- the eventual goal is to compile all of these listserves into one big "Londoner" listserve which will send out a once-monthly newsletter to further cross-promote and brand "The Londoner". The Londoner also advertises with Yelp for each of its locations. Each Londoner Yelp page has advertisements targeted to "Yelp" users and each page also contains a short video with footage of the location and of the managers explaining that "The Londoner" is all about. I would encourage you to look at these videos. As a company, we know this importance of keeping a constant presence, of continuing to draw in new customers and in building the brand. Financin~ The Addison and Uptown Londoners were financed through investors, whom have been or are in the process of being paid-out. The Frisco Londoner was financed entirely by outside investment- for which the investors received a 50% share of that location. The Allen Londoner was self-financed with loans from the Addison and Uptown Londoners. With the addition of the last two Londoners, the business is now in a favorable position in the market place. Each new location will be financed largely by either loans from a City ar through generous tenant improvement allowances from landlords or development companies. Once the Coiporate management company is formed and has control of all of the LLCs under which the individual Londoner Pubs operate, shares will be available in the management company to allow for investment to open new locations. The profit from each LLC will also be put into the management company whose members will vote on the appropriate amount to invest in future projects. For at least the first 2 years, the main corporation will re-invest all profits into financing for current locations and future projects. Exhibit "C" - Building Elevations