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HomeMy WebLinkAboutOrdinances (O-13-1881)-10/02/2013 1( ORDINANCE 0-13-1881 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOTS 1R1, 4, 5A, 6A, 7A, AND 9R, BLOCK 2 OF THE VILLAGE PARK ADDITION, LOCATED AT 4701, 4709, 4717, 4725, 4801, AND 4843 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND 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 a special use permit for the sale of alcoholic beverages for on and off- premises consumption under Case No. ZC13-009; 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 in order to create a Special Use Permit for the sale of alcoholic beverages for on and off-premises consumption in accordance with the conditions of approval included in this 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 Ordinance 0-13-1881 Page 2 of 6 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 0 f Colleyville is of th e opinion th at 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 Lots 1R1, 4, 5A, 6A, 7A, and 9R, Block 2, Village Park Addition, located at 4701, 4709, 4717, 4725, 4801, and 4843 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premises consumption and off-premises consumption, as depicted on Exhibit "A" and described in Exhibit "B" ("Property"). 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 allow the sale of alcoholic beverages for on-premises consumption and off-premises consumption in accordance with the below conditions. Ordinance 0-13-1881 Page 3 of 6 b. Any restaurant located on the Property may sell alcoholic beverages (including beer, wine, and liquor) for on- premises consumption in compliance with the City's alcoholic beverage regulations. c. All conditions contained herein that do not specifically address the issuance of certificates of occupancy for businesses engaging in the sale of alcoholic beverages for on and off-premises consumption shall remain valid and enforceable regardless of whether a grocery store doing business under the trade name "Whole Foods Market" (or such other trade name used by Whole Foods in a majority of its other stores in the Dallas/Fort Worth market, hereafter referred to as "Whole Foods") exists on the Property. d. Whole Foods may sell alcoholic beverages for on-premises consumption as part of a restaurant use that is accessory or incidental to the grocery store use. e. A certificate of occupancy for a restaurant including the sale of alcoholic beverages for on-premises consumption as allowed by section 1(b) above may only be approved if Whole Foods exists on the Property. Provided, however, any restaurant use involving the sale of alcoholic beverages for on-premises consumption that validly obtains a certificate of occupancy in accordance with this section may continue to sell alcoholic beverages for on-premises consumption after Whole Foods ceases to exist on the Property. However, said certificate of occupancy for a restaurant that sells alcohol for on-premises consumption that is allowed to continue per the provisions of this section, "e", shall automatically expire upon the abandonment of the business, change in the use, or upon the expiration or termination of the certificate of occupancy. f. A variance to the 300 foot distance requirement from churches, public or private schools, or public hospitals is hereby granted by this ordinance in accordance with Section 6-3(d) of the Code of Ordinances. Ordinance 0-13-1881 Page 4 of 6 g. All requirements of the Land Development Code and the Code of Ordinances shall be met, except where amended herein. 2. LANDSCAPING AND SCREENING a. Prior to the issuance of any Certificate of Occupancy for any business authorized to sell alcoholic beverages on the Property, all landscaping on the Property shall meet the requirements of Chapter 4 of the Land Development Code. b. Prior to the issuance of any Certificate of Occupancy for any business authorized to sell alcoholic beverages on the Property, all dumpsters on the Property shall be enclosed and screened in accordance with Section 3.26 of the Land Development Code. 3. BUILDING DESIGN, SIGNAGE, AND PARKING a. The front facade of the main shopping center building shall meet the minimum requirements of Chapter 6 of the Land Development Code, except that the maximum allowance for non-masonry building accents for the front façade shall be 25 percent, as generally depicted on Exhibit "C". b. No more than two "landmark signs," as defined in Chapter 7 of the Land Development Code, shall be located on the Property. The landmark signs shall be generally consistent with the depictions in Exhibit "D". c. The minimum amount of parking required for all uses on the Property is 4.5 parking spaces per 1,000 feet of 9 ross floor area. d. No more than two electrical charging stations shall be allowed on the Property in conjunction with this Special Use Permit. ii Ordinance 0-13-1881 Page 5 of 6 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. The first reading and public hearing being conducted on the 3rd day of September 2013. The second reading and public hearing being conducted on the 17th day of September 2013. The continued reading and public hearing being conducted on the 2nd day of October 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the °Ink day of OG1Dbte. 2013. i ! I Ordinance 0-13-1881 Page 6 of 6 ATTEST: CITY OF COLLEYVILLE ■ ° I 1 l , Amy - elley, TR� David Kelly -- City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney I', Exhibit "A" - Location and Zoning Map Exhibit "B" - Statement of Planning Objectives AC VILLAGE PARK PARTNERS,LLC 8235 Douglas Avenue,Suite 655 Dallas,Texas 75225 We currently own the Village Park Shopping Center located at the Southeast corner of Hwy. 26/Colleyville Boulevard and Glade Road,containing approximately 192,865 square feet of retail space (the"Property"). The Property is within Tax Increment Reinvestment Zone Number One and is the subject of an Economic Development Grant Agreement executed on February 19,2013 between us and the City of Colleyville,Texas. As you know,we are in the process of redeveloping and rebranding the Property into Colleyville Downs,a Class A shopping center to be anchored by Whole Foods Market. The redevelopment will not only introduce a Whole Foods grocery store to Colleyville,but will also involve a renovation of the shopping center to achieve an elevated quality of appearance,which blends harmoniously with the character and history of the City of Colleyville. In addition,we are working to introduce other new retailers and multiple restaurants to the center. At this point,we have entered into a lease agreement with Whole Foods,are in various stages of pre-leasing other vacancies at the center and in the pre- development stage of our construction activity. While we have had and continue to have success in execution of the business plan,we are in need of assistance to overcome certain obstacles that we have identified and are interfering with our redevelopment plans. In furtherance of the Colleyville Downs redevelopment plan,we are writing to request that the City adopt a Special Use Permit that would provide for the following: • Restaurant Overlay District. We are working with a number of restaurant operators whose businesses involve the sale of alcoholic beverages for on-premises consumption. In addition, Whole Foods is planning to introduce a restaurant concept within its store,and expects to sell alcoholic beverages for on-premises consumption. We would like to request a Restaurant Overlay District for Lots 1R1,4,5A,6A,7A and 9R. • Sale of Alcohol by Whole Foods. Whole Foods is in the business of selling beer and wine for off- premises consumption. We would like to request permission for that activity on Lot 7A,Block 2 Village Park Addition—Colleyville. • Construction of New Landmark Sign. Retailers that are interested in Colleyville Downs have demanding criteria for site selection,which include requirements of visibility,access and signage. Considering depth and slope of the parking field together with certain other issues, visibility in portions of the shopping center is limited. As a result,we will need to have the ability to offer additional signage to attract more retailers to the center. We would like to request permission to build a multi-tenant landmark sign at 4801 Colleyville Boulevard. The new landmark sign is designed to be consistent with the materials and design of the shopping center and resemble the existing landmark sign located at 4701 Colleyville Boulevard. Exhibit "B" - Statement of Planning Objectives Cont. • Improvement of Existing Landmark Sign. As mentioned above,our success in leasing Colleyville Downs is determined in large part by available signage. In addition,considering our plan to improve the appearance of the shopping center,we think it would be appropriate to improve the appearance of existing signage so that it is consistent with the higher quality of the redeveloped shopping center. Thus,we would like to request permission to remodel the existing landmark sign that is identified on Exhibit"B". The remodeled sign would be constructed to be substantially similar to the drawing on Exhibit"C". • Establish 4.5/1000 Parking Ratio. In order to accommodate the tenant interest in Colleyville Downs and optimize the occupancy,value,shopping traffic and sales volumes at the center,we would like to request a parking ratio of 4.5/1000;which will suffice to comply with all permitted uses under the CC-2 Shopping Center district. * Allow for two electrical charging stations. These stations will allow for the charging of electrically powered automobiles. We have not yet determined a final location for these devices and are simply asking for the allowance of the land use in conjunction with this Special Use Permit request. Exhibit "C" - Front Façade Elevations ' 4 MP,t. '". Nwl 1, Ems; J w+ d gam 44t!�.�KFaz�s4.. 40,em' tea: r`...Ai, ,.F ,� alp d pc ° pN. n •1:$:, a 4 .K,,, 8 kjr ti i a kaitt.,0 1 ---,„-,---1;„,-;.., '' : 1 al Exhibit "D" - Landmark Sign Exhibits 20-1,513.. 13'?s I/'H.. t d'-1 4' AL" TED ROOF PAINTED!T KROW V D C.3RAT VF t1GHT ' ill ''' •4_M..1 ll'''I I I p"&.,__°_'__ DXTURES 8Y LIG={TAL4 ? 7 F: PAIN?EO ALUM VJ�! , � ERIM 'I _—A„JMINUt�•+.€3FiA(I(... A.UMINUN+.SIGN(A91NF1 H A '� PAINTE'D 30%:°J4EF31L M GRAY { IN IFR tiALLY ILWMINAIH Wi—F COPY/LOG)ROUTED ao r': Wri. 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