HomeMy WebLinkAboutOrdinances (O-23-2245)-07/18/2023ORDINANCE 0-23-2245
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 0.609 ACRES, BEING LOT 1, BLOCK 1,
OF THE CORLEY SUBDIVISION, LOCATED AT 5409 COLLEYVILLE
BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
REDUCTION IN PARKING; 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 Special
Use Permit for a reduction in parking for the business known
as Cajun Bistro Cafe & Market, Case No. ZC23-012; 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 Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit for a reduction in parking on
0.609 acres, being Lot 1, Block 1, of the Corley Subdivision,
located at 5409 Colleyville Boulevard, for the business known
as Cajun Bistro Cafe & Market as depicted on the attached as
Exhibit "A".
Ordinance 0-23-2245
Page 2 of 3
Sec. 2. 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. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall apply to a reduction in
parking.
b. The name of the business authorized for a reduction in
parking by this Special Use Permit shall be called "Cajun
Bistro Cafe & Market".
c. Exhibit C - "Shared Parking Agreements" shall apply. The
Special Use Permit shall automatically expire if an
agreement is terminated.
d. The Special Use Permit shall automatically expire upon
the abandonment of the business, change in use, a
change in ownership or upon the expiration or
termination of the Certificate of Occupancy.
e. All requirements of the Land Development Code shall be
met, except where amended herein.
Sec. 4. 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.
Ordinance 0-23-2245
Page 3 of 3
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 July
2023.
The second reading and public hearing being conducted on the 18th day of
July 2023.
PASSED AND APPROVED BY A VOTE OF 5 AYES, 0 NAYS, ON THIS THE 18TH
DAY OF JULY 2023.
Mayor Bobby Lindamood Absent
Brandi Elder, Place 1 Aye
Scotty Richardson, Place 3 Aye
Chuck Kelley, Place 5 Aye
ATTEST:
Ch,� �.el
Christine Loven, TRMC
City Secretary
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Mayor Pro Tern Callie Rigney Aye
George Bond, Place 2 Absent
Ben Graves, Place 4 Aye
CITY F COLLEYVILLE
Callie Rigney
Mayor Pro Tern
Exhibit "A" - Location and Zoning Map
Exhibit B' - Site Pan
Exhibit "C" - Shared Parking Agreements
Address: 1201 Church Street
Colleyville, TX 76034
Property ID k: 100838
PARKING LICENSE
THIS PARKING LICENSE (ibis "License'). dated as of the Effective Date (as hereinafter
defined) benveen TRUIST BANK, a North Carolina banking corporation (the "Licensor"), and CAJUN
BISTRO CAFI' & MARKET, a Texas limited liability corporation (Ihc "Licensee"), provides:
RECITALS
WHEREAS, Licensor is the owner of certain property located at 1201 Church Street, Colleyville
Texas (the "Property"), as shown in Exhibit A attached hereto and incorporated herein by reference;
WHEREAS, Licensee is the owner of certain property located at 5409 Colleyville Boulevard,
Colleyville, Texas ("Licensee's Property"), as shown in Exhibit A; and
WHEREAS, Licensee desires to use a portion of Licensee's parking spaces located on the Property
and a certain portion of the Property for access to and from the parking spaces for the benefit of Licensee's
Property, and Licensor has agreed to license a portion of the parking spaces and the access area, all as more
particularly described below.
THAT for and in consideration of the mutual promises and conditions set forth herein and other
good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, Licensee
and Licensor hereby agree as follows:
Recitals. The Recitals to this License are hereby incorporated by reference.
2. License. Licensor hereby grants to Licensee the revocable, non-exclusive right and license
to use up to nine (9) unreserved parking spaces located in the parking lot of the Property, which parking
spaces are depicted on Exhibit B, attached hereto and incorporated herein by reference ((he "Parking
Spaces'), subject to the terms and conditions herein provided. In addition, Licensor hereby grants to
Licensee the revocable, non-exclusive right and license to use the area located between the Property and
Licensee's Property, where Licensee previously installed steps (the "Steps" for the purpose of ingress and
ogress to the Parking Spaces, which area is depicted on Exhibit C attached hereto and incorporated herein by
reference ((he "Steps Improvement Area'), subject to the terms and conditions herein provided. The
Parking Spaces and Steps Improvement Area are collectively herein referred to as the "License Area." The
License Area is for use by Licensee and its employees, customers and invitees seven (7) days a week, from
6:00 pin to 12 am. (local lime), for the purposes set forth in this License.
3. Temm. The term (the "Term') of this License shall be for one (1) year commencing on
March 20, 2023 (the "Commencement Date') and terminating on March 31, 2024 (the "Expiration Date"),
unless earlier terminated or extended as provided herein. The Term shall automatically renew for consecutive
one (1) year terms (each a "Renewal Term') unless Licensor or Licensee elects not to renew with written
notice to the other party at least sixty (60) days prior the expiration of the then current Term. This License
may be terminated by Licensor or Licensee, with or without cause, at any time upon sixty (60) days' prior
written notice to the other party and in accordance with the terms and conditions of this License. Upon the
termination of this License, and the refunding by Licensor to Licensee of the portion of the License Fee
prorated through the date of termination, neither party shall have any further rights or obligations hereunder
(except as specifically provided herein) after the termination of this License.
4. Pa nrents.
(a) License Fee. Licensee shall pay to Licensor an annual license fee of $1,200.00 (the
"License Fee") for use of the License Area. The License Fee shall be due and payable in all events, in
advance, without notice, deduction, abatement or offset of any amount or for any reason whatsoever, delivered to
Licensor simultaneously with Licensee's execution of this License, and thereafter delivered no later than ten (10)
days prior to the commencement of any Renewal Term. Payments shall be delivered to Licensor at the address
provided in Section 24 below or such other address as Licensor may direct in writing. In the event the License is
terminated as provided herein and Licensee is not in default, the License Fee shall be prorated through the date
of termination. In the event for any reason whatsoever, any payment of the License Fee is not received by
Licensor within five (5) calendar days after the due date thereof, a late fee of five (5%) percent of such
payment shall be assessed and payable to Licensor. Licensee's obligation to pay the License Fee for the
period prior to tite effective date of any termination of this License shall survive the termination of this
License. Upon the execution of this License and as an express condition of the effectiveness hereof,
Licensor shall provide to Licensee a duly executed Fon» W-9, in customary form.
(b) Sales and Use Tax. In the event any federal, state or local law requires the payment
of a tax or assessment based on the amount of the License Fee to be paid by the Licensee hereunder, or in
any other manner subjecting the License Foe to any other fomr of tax by whatever name it may be
designated, such tax shall be the obligation of and shall be paid by the Licensee to the licensor upon receipt
of notice from the Licensor that such obligation is due.
5. Use and Occupancy. Licensee shall huve the revocable, non-exclusive right and license to
use the Parking Spaces for the purpose of parking passenger vehicles such as an automobiles, vans, and light
pick -tip trucks, and for no other purpose. Licensee shall have the revocable, non-exclusive right and license
to use the Steps Improvement Area for the purpose of ingress and egress to the Parking Spaces. Licensee
shall not; (i) be periAtted to park any automobiles overnight in the Parking Spaces; (ii) use the License Area
for any illegal or improper purposes; (iii) use the License Area in violation of any policies of insurance now
or hereafter written on the Property in which the License Area is located or which will increase the rate of
premium thereof, or (iv) pennit any noise, disturbance or nuisance whatsoever in the License Area
detrimental to same or annoying to Licensor or the adjoining property owners. If (x) Licensee uses the
License Area in contravention of the terms and provisions of this License, (y) Licensee parks in any area on
the Property outside of the Parking Spaces at any titre, or (z) Licensee breaches the terms of this License,
Licensor shall have the right, in its sole discretion, to have any and all vehicles or other personal property
located in the License Area or on the Property removed, including without limitation by way of towing, at
Licensee's sole cost, risk and expense.
6. Acceptance. Licensee accepts the License Area in its "as is, where is" condition and
acknowledges that Licensor has not made and does not make any representations or warranties regarding the
condition of the License Area, the parking tot, or their suitability for cite permitted purpose hereunder.
Further, Licensee acknowledges that (i) no obligation as to the repairing, adding to, or improving said
License Area or parking lot lies been assumed by Licensor; and (ii) no alteration, improvement or renovation
shall be made by Licensee to the License Area.
PermittipM,_Maintenance and Removal.
i, Parkbig Spaces. Licensor, at its expense, shall maintain and keep in good, sound
and clean condition the Parking Spaces and the parking lot during the Tenn, and will not suffer or permit any
strip or waste of the Parking Spaces and the parking lot. Maintenance shall include the pick-up and
disposition of all hash and debris of any nature from the parking lot area, Any damages committed by
Licensee or Licensee's employees, or invitees shall be reported immediately to Licensor, and Licensor shall
provide its own vendor to correct the darnage(s) at Licensee's expense
ii. Steps Impropement Area. Licensee, at its expense, shall: (i) cause the Steps to be
properly permitted no later than sixty (60) days from the Effective Date of this License; (ii) maintain and
keep in good, sound and clean condition the Steps Improvement Area including the Steps during the Term;
and (iii) promptly remove the Steps upon termination of this License for any reason, as set forth in section
14 below.
8. IM. Licensee shall not attach, letter or paint any signs to or upon the License Area
without the written consent of Licensor. Licensor, however, reserves the right to attach, letter or paint any
sign to or upon the License Area as Licensor sees fit.
9. Insurance. Licensee shall obtain and maintain during the term of this License, at its sole cost
and expense, a policy of commercial general liability insurance on an "occurrence basis" against claims for
personal injury including bodily injury and death and broad form properly damage, operations hazards, and
contractual liability in limits not less than Two Million and 00/100 Dollars (S2,000,000.00) inclusive. The
policy shall name Licensor as an additional insured and shall provide that it can only be amended or
terminated upon thirty (30) days prior written notice to Licensor. Licensee shall deliver to Licensor an
original certificate of insurance evidencing such coverage within two (2) business days following execution
of this Agreement. All required insurance policies shall contain language that the insurance policy may not
be canceled without thirty (30) days prior written notice to Licensor. Licensee shall deliver to Licensor
evidence of such insurance upon the execution of this License and provide Licensor with copies of all
renewals thereof at least thirty (30) days prior to the termination of the existing policies. All insurance
policies shall be issued by companies licensed to do business and in good standing in the State in which the
Property is located.
10. Default. In the event Licensee shalt fail to comply with any term, provision or condition of
this License and Licensee does not cure such failure to Licensor's satisfaction within twenty-four (24) hours
after notice thereof from Licensor, Licensor shall have the right to immediately terminate this License by
providing written notice thereof to Licensee. Upon revocation or termination of this License, Licensee, at its
sole cost and expense, shall surrender the License Area to Licensor in good and clean condition and order.
11. Indemnification. Licensee shall indemnify, defend and hold Licensor, and its affiliated
companies, officers, directors, employees, tenants and agents (tire "Indemnified Parties'), harmless from and
against any and all claims for liability, costs, claims, losses, injury, death, damages, judgments or expenses
(including reasonable attorneys' fees) incurred or suffered by the Indemnified Parties as a result of or in
connection with (i) any death, personal injury or property or business damage in, on or about the License
Area and the Properly, including the building and any improvements located thereon, caused in whole or in
part by Licensee, its employees or invitees, (ii) the use of the License Area by Licensee, its employees or
invitees, (iii) any default by Licensee under the terms and conditions of this License and (iv) any act or
omission of Licensee, its employees or its invitees. This provision shall survive any expiration or
termination of this License.
12. Licensee's Liabilit1. Licensor shall not be responsible for any defect or change in the
condition of the License Area or the Property, or the failure to snake any repairs to the License Area or the
Property, or for any resulting damage to person or property occurring in the License Area or on the Property,
or the acts or omissions of tenants or licensees on the Property. All personal property of Licensee and its
invitees in, on or about the License Area and the Property shall be and rernain at Licensee's sole risk and
Licensor shall not be liable for damage to any such property as a result of Ihett or misplacement nor for any
death, injury, loss or damage to persons or property occurring in the License Area or in, on or near the
Property, the building and improvements thereon.
13. Relocation. Licensor reserves the right to relocate all or any portion of the License Area, if
necessary, at any time, in connection with Licenser's operations on the Property.
14. Surren_dec Upon revocation or termination of this License, Licensee, at its expense, shall
surrender possession of the License Area to Licensor in good and clean condition and order. License shall
remove the Steps upon revocation or termination of this License, no later than the last day of the Tenn or
within five (5) days of notice of revocation or termination occurring prior to the expiration of the Tenn. Any
personal property remaining in the License Area after any such revocation or termination shall become the
personal property of Licensor, who shall be entitled to remove, tow, sell or otherwise dispose of such
personal property.
15. Assignment And Sublicense. Licensee shall not assign, sublicense or otherwise transfer its
interests in this License.
16. Attomev's Pees and Costs. If either party is in default under this License necessitating the
other party to incur attorney's fees to enforce the terms of this License, the party deemed to be at fault in any
court action pertaining to a default under this License shall be liable for and pay the prevailing party in such
litigation, all reasonable attorneys' fees and costs incurred by the prevailing parry including not only those at
the trial court level, but all appellate and post judgment proceedings.
17. Assumption of Risk by Licensee, Licensee assumes all risks of any damage to Licensee's
property in connection with this License.
18. Entire Agreement. This License and any exhibits attached hereto set forth the entire
agreement between the parties hereto with respect to Licensee's right to use the License Area. There are no
promises, agreements or understandings, whether oral or written, between the parties regarding such matters
other than as set forth in this License. Any amendment or modification to this License shall not be binding
upon either parry unless such amendment or modification is reduced to writing and signed by both parties.
This License does not create a partnership, agency or joint venture relationship between Licensor and
Licensee for any purpose.
19, Caption - The captions of the sections of this License are not part of the context of this
License and shall be ignored in construing this License. They are intended only as aids in locating various
provisions of this License.
20. Severability. Each provision contained in this License shall be independent and severable
front all other provisions hereof and the invalidity of any such provision shell in no way affect the
enforceability of the other provisions hereof.
21. Governing. Luw; Venue. This License shall be governed by and construed in accordance
with the laws of the jurisdiction in which the Property is located without regard to conflict of laws principles.
The venue for any proceeding pertaining to this License shall lie in the County in which the Property is
located.
22. Binding Effect. This License shall be binding upon and shall inure to the benefit of Licensor
and Licensee, and their respective legal representatives, successors and assigns, if permitted.
23. Notices. All notices and communications under this License required to be in writing shall
be signed by a duly authorized representative of the patty sending the same and shall be deemed effective
when delivered by electronic mail or personally or on the next business day after being seat by a guaranteed
overnight delivery service (such as Federal Express or UPS) or on the third (3") day after being sent by
certified mail, return receipt requested, postage prepaid, and addressed as follows:
If to Licensor: Tnmist Bank
Attn: Lease Administration
101 N. Cherry Street, Suite 710
Winston-Salem, NC 27101
Re: Property ID #100838
Email: RealFstateScrvices•LeaseAdnumshation!auui�t,cum
If to Licensee: CAJUN BISTRO CAFt. & MARKET
Anti: Sptin Miftari
5409 Colleyville Blvd,
Colleyville, TX 76034
Email: robetinmartin0528,Nenmail.conm
Either party may change its address by giving written notice of such change to the other party in the manner
provided herein. Until any such written notice is actually received, the most recent address of record shall be
deemed to continue in effect for all purposes.
24. No Brokers. Licensor and Licensee represent and warrant to each other that there are no
claims for brokerage commissions or finder's fees in connection with the execution of this License. Licensor
and Licensee agree to indemnify, defend and hold the other party harmless from and against all liabilities,
expenses, fees, commissions and/or costs (including reasonable attorneys' fees) arising from any such claims
asserted by anyone claiming by, through or against the indemnifying party.
25. No._,Partrtership. Nothing contained in this License shall be construed as creating a
partnership or -joint venture between Licensor and Licensee.
26. Authorization. Each party to this License hereby represents that this License has been duly
authorized, executed and delivered by all necessary action on behalf of such party, constitutes the valid and
binding agreement of such party and is enforceable in accordance with its terms.
27. Waiver of Jury Trial. Licensor and Licensee hereby waive, to the extent permitted by law,
the right to trial by jury in any action or proceeding or counterclaim between the parties hereto, or their
successors or permitted assigns, arising out of or in any way connected with this License or any of its
provisions, Licensee's use or occupancy of the Parking Spaces and/or any claim of injury or damage.
28. OFAC Disclosure. Licensee represents and warrants to Licensor (i) that neither Licensee
nor any person or entity that directly or indirectly owns any interest in Licensee nor any of its officers,
directors or managing members is a person or entity with whom U.S. persons or entities are restricted from
doing business under regulations of the Office of Foreign Asset Control ("OFAC") of the U.S. Department
of the Treasury (including those narned on OFAC's Specially Designated and Blocked Persons List) or under
any statute, executive order (including Executive Order 13224 (the "Executive Order") signed on
September 24, 2001 and entitled "Blocking Property and Prohibiting Transactions with Persons Who
Commit, 'threaten to Commit, or Support Terrorism"), or other governmental action, (ii) that Licensee's
activities do not violate the International Money Laundering Abatement and Financial Anti•Terrodsm Act of
2001 or the regulations or orders promulgated thereunder (as amended from time to time, the "Money
Laundering Act"), and (iii) that throughout the Term of this License, Licensee shall comply with the
Executive Order and with the Money Laundering Act.
29. Countemarts. This License may be executed in any number of separate counterparts by the
parties hereto, each of which, when so executed and delivered, shall be deemed to be an original, and all of
which counterparts, taken together, shall constitute one and the same instrument. Any signature page from
any such counterpart may be attached to any other counterpart to complete a fully executed counterpart of
this License. Signatures to this License (or to any assignment or amendment to this License) transmitted in a
commonly accepted electronic format that reproduces an image of the actual executed signature page shall be
deemed a binding original and shall have the some legal effect, validity, and enforceability as a manually
executed counterpart of the document to the extent and as provided for in the Federal Electronic Signatures
in Global and National Commerce Act and the applicable state law based on the Uniform Electronic
Transactions Act. In no event shall any party be obligated hereunder unless and until this License has been
fully executed and delivered by all parties hereto.
30. Effective Date. "Effective Date" shall mean the last day that this License is executed by
both Licensor and Licensee as set forth on the signature page hereof.
31. Time of the Essence. Time shall be of the essence as to all periods and time referred to in
this License and all special provisions pertaining thereto, if any.
32. Non -Recording: of License. This License shall not be recorded, and any recordation thereof
by Licensee shall automatically terminate the License without notice.
33. Automatic Rescission, This Amendment shall be automatically rescinded and shall be null
and void in the event this Amendment has not been fully -executed and delivered by all parties hereto within
thirty (30) days after the date this Amendment is executed by the first of the parties to execute on the
signature page hereof, TIME BEING OF TILE ESSENCE.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, Licensee and Licensor have executed or caused this License to be
executed on their behalf by their duly authorized representatives as of the Effective Date.
LICENSOR:
TRUIST RANK,
a North Carolina braking corporation
Name: a r 5 4,V V_t_
Title: _��_ Pfe Ae,� i- _
Date: J- i
LICENSEE:
CAJUN B%II'rRiE CAFkj'&MARKET
Title:
Date: It/tl'i •�; c' L.
i
ACKNOWLEDGEMENTS
Stale of
County of-LA\er'Aee ^_
This instrument was acknowledged before me on \ a , UV,.(date) by
(name of officer), (title of officer) ofTRUIST BANK, a North Carolina banking
corporation, on behalf of said corporation.
Exhibit A
Depiction of Licensor's Property and Licensee's Property
Call ills, 7txJ; - 'tk'•�'1� �, '�
., �1q 'P�\ t 4�4 .. 1`lh��� •,,I 1 I ��'�fi,/t,1 ,. r
�f' ..'1• ` - ;. .gyp Y ��{'ohm,
fI ha
0
. ,.k- �r
a t ..afiw"?'
Exhibit C
Depiction of the Steps
Michael
Brady:
R�E A•L•T•Y
December 13", 2022
RE: Overflow parking for The Cajun Bistro Caf6 & Market
This is to confirm that 1 am allowing overflow parking in our parking lot for the Cajun Bistro Caf6 &
Market located next door at 5409 Colleyville Blvd.
We are willing to work with them to help them be successful in their new business.
Seline and Tim are the type of Business owners that Colleyville needs more of.
Please feel free to contact me if you have any questions or concerns.
Thanks,
59
Michael Brady, Broker