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Home My WebLink AboutOrdinances (Ordinance O-21-2159)-Withdrawn-06/15/2021WITHDRAWN BY APPLICANT – JUNE 28, 2021 ORDINANCE O-21-2159 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY REZONING FROM PUD-C PLANNED UNIT DEVELOPMENT - COMMERCIAL TO PUD- C PLANNED UNIT DEVELOPMENT – COMMERICAL DISTRICT ON TRACT 2C03, ABSTRACT 206, BBB & C RY SURVEY LOCATED AT 4917 COLLEYVILLE BOULEVARD; 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 to change the zoning from PUD-C Planned Unit Development - Commercial to PUD-C Planned Unit Development – Commercial Overlay District with CC-1 Village Retail base zoning, Case No. ZC21-003; 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 amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the purpose of this ordinance is to amend the base zoning for the real property described as Tract 2C03, Abstract 206, BBB & C RY Survey, commonly known as 4917 Colleyville Boulevard (the “Property”), and to further provide for an PUD-C overlay district to allow the development and construction of an 865 s.f. Ordinance O-21-2159 Page 2 Sec. 2. drive-thru restaurant and coffee shop with a covered patio seating area of 1,020 s.f. (the “Business”) on the Property. THAT the zoning for the Property is hereby amended as follows: 1. GENERAL a. The Property shall have a base zoning classification of CC-1 Village Retail upon the effective date of this ordinance. b. The Property shall further be subject to a PUD-C overly district (the “Overlay District”) upon the effective date of this ordinance. The Overlay District shall be subject to all CC-1 Village Retail base zoning district regulations, except as expressly provided otherwise in this ordinance. c. Should the Overlay District terminate in the manner provided in this ordinance, the Property shall retain the zoning classification of CC1 Village Retail. 2. DEVELOPMENT OF THE PROPERTY a. The Property shall be developed solely as a drive-thru restaurant and coffee shop in the manner set forth herein, generally consistent with the Statement of Planning Objectives and Site Plan, which are attached hereto as Exhibit “B” and Exhibit “C”, respectively. b. The buildings erected on the Property shall be consistent with the elevations, materials, and articulation as depicted in Exhibit “D”, unless expressly provided otherwise in this ordinance. c. No sign shall be erected upon the roof of any building. The owner of the Property shall be permitted to erect a monument sign within the right-of-way (ROW) along Old Glade Road; provided, the owner executes a ROW encroachment agreement with the City and the sign is erected and maintained in compliance with Chapter 7 of the City’s Land Development Code. d. The articulation requirements for the covered patio portion of the building shall be modified as follows: ________________ [TBD] 3. PUD-C OVERLAY DISTRICT REGULATIONS Ordinance O-21-2159 Page 3 The following PUD-C Overlay District regulations shall apply to the Property while the Overlay District is in effect: a. Permitted Use. The permitted uses for the Property shall be those listed for the CC-1 Village Retail base zoning district. All CC-1 Village Retail district regulations shall apply to the Overlay District except as expressly provided otherwise by this ordinance. b. Business Name. Business shall at all times be required to operate under the name “151 Coffee”; provided, the owner of the Business may request to change the name of the Business by applying for a specific use permit (SUP). c. Drive Thru. The Business shall be permitted to operate a drive thru restaurant. d. Parking. The minimum number of parking spaces is reduced to 15. e. Impervious Coverage. The maximum impervious lot coverage is 96.27%. f. Landscaping. No landscaping buffer area along Colleyville Boulevard shall be required. In addition, the required pervious area is reduced to approximately 3%. 4. TERMINATION OF THE PUD-C OVERLAY DISTRICT a. The PUD-C Overlay District is conditioned upon the development and operation of the Property in the manner provided herein. The PUD-C Overlay District Regulations provided in Section 2, subsection 3 above shall automatically expire upon any one or more of the following: i. a building permit for development of the Business is not issued within 12 months of the effective date of this ordinance; ii. following completion of construction, the Business ceases to operate for a period of 90 consecutive days; iii. the Business operates under any name other than 151 Coffee, unless otherwise permitted by this ordinance; or iv. there is a change in ownership of the Business. Ordinance O-21-2159 Page 4 Sec. 3. Sec. 4. THAT the Property 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. All requirements of the Land Development Code shall be met, except as expressly 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. 5. 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. 6. 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. 7. 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 6th day of April 2021. The second reading and public hearing being conducted on the 4th day of May 2021. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, AND _ ABSTENTIONS ON THIS THE 4th DAY OF MAY 2021. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson Ordinance O-21-2159 Page 5 ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” – Zoning Exhibit Exhibit “B” – Statement of Program Objectives Exhibit “C” – Site Plan Exhibit “D” – Building Elevations