HomeMy WebLinkAboutOrdinances (O-99-1146)-03/02/1999
ORDINANCE 0-99-1146
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING
MAP AND AMENDING ORDINANCE 0-96-1053 SITE PLAN AND
CONDITIONS, AND AUTHORIZING A SPECIAL USE PERMIT TO
ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE
CONSUMPTION AND AUTHORIZING A SPECIAL USE PERMIT TO
ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE
CONSUMPTION; PROVIDING FOR A PENALTY FOR VIOLATIONS
AND AUTHORIZING PUBLICATION:
WHEREAS, an application to amend Ordinance No. 0-96-1053 site plans
& conditions, and for a special use permit for alcohol sales
for on-premise and off-premise consumption, was filed by
Kipp Whitman, Whitco Consulting, on December 31, 1998,
under Case Number Z-99-007; and
WHEREAS, notice of a hearing before the Planning and Zoning
Commission was sent to real property owners within 200 feet
of the property herein described at least 10 days before such
hearing; and
WHEREAS, notice of a public hearing before the City Council was
published in a newspaper of general circulation in Colleyville
at least 15 days before such hearing; and
WHEREAS, notices were posted on the subject land as provided by the
zoning ordinance; and
WHEREAS, public hearings to change the zoning and the Master Plan on
the property herein described were held before the Planning
and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation; and,
WHEREAS, the City Council is of the opinion that the zoning change
herein effectuated furthers the purpose of zoning as set forth
in the Zoning Ordinance and is in the best interest of the
citizens of the City of Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT, the Master Plan, the Zoning Ordinance of the City of
Colleyville, Texas, and the accompanying Zoning Map (as indicated
in Exhibit A) are hereby amended insofar as they relate to certain
,Ordinance 0-99-1146
Page 2 of 8
land located in Colleyville, Texas, described by metes and bounds
(Exhibit B), by amending the site plan and conditions for Ordinance
No. 0-96-1053; authorizing a special use permit to allow the sale of
alcoholic beverages for on-premise consumption within a restaurant
setting on the proposed Lot 2R of McNary Acres; and authorizing a
special use permit to allow the sale of alcoholic beverages for off-
premise consumption within a 3,600 square foot convenience store
with gasoline sales on the proposed Lot 1 R of McNary Acres;
together with all site plans which are conceptual in nature, supporting
documents, and other conditions and restrictions imposed and
approved by the Council which are incorporated herein by reference
including, but not limited to the conceptual site plan (Exhibit C) and
the statement of planning objectives (Exhibit D); and subject to the
following conditions:
a. The site plan (Exhibit C) shall be conceptual only. The
Development Review Committee, during normal site plan review,
shall determine the final location of all buildings, Except as
modified by the conditions below, all development within this
PUD-C district shall be subject to the zoning and subdivision
regulations of the CC-1 Village Retail district in effect at the time a
final site plan is submitted.
b. The land uses permitted in this PUD-C shall be all CC-1 Village
Retail uses, and a convenience store with gasoline sales.
c. Not more than three (3) drive entrances shall be allowed on
Precinct Line Road, as shown on Exhibit C. Two (2) drive
entrances may be allowed on L.D. Lockett Road.
d. The hours for the sale of alcoholic beverages for on-premise
consumption within the restaurant shall not extend past 11 :00
p.m. on any night of the week.
e. In addition to any other landscaping requirements for the site, a
forty (40)-foot landscaped setback shall be required along
Precinct Line Road and L.D, Lockett Road from the front property
line to the nearest building or paved parking surface,
f, The total number of caliper inches of trees maintained on the site
in multiples of three (3) inch trunks or greater shall be equal to
one (1) caliper inch for every seven (7) feet of street frontage plus
one caliper inch for every four (4) parking spaces.
Ordinance 0-99-1146
Page 3 of 8
g. The curb return radius for driveways shall be a minimum of
twenty (20) feet and a maximum of thirty (30) feet.
h. Cross access easements shall be granted to all properties within
and adjacent to the PUD-C, and such easements shall be shown
on the final plat.
Sec. 2.
THAT, any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
Sec. 3.
THAT, the the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption and penalty clause
hereof as an alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the I~ 'tb day of
@rlAfl.ry , 1999.
The se.M;~rzading and public hearing being conducted on the 2 rJ1
day of , 1999,
ATTEST: I \ .
Cl. .tM-- jdlWv->-'
;t, Harris, CMC
City Secretary
CITY OF COLLEYVILLE:
~(WI
Richard Newton
Mayor
VED AS TO FORM AND LEGALITY:
'r.~ -------..-------- ----- -----.. - -------... --- ------
- -
..
,.., ..
..
.M_
111114 ..U .. ..
..... . Lt. ... C
., I I
,.... -
I ... I
~q. \-
\)
t. irotl
~;; JI&SrJ8 --
.at...
~
L,,#
Ill" ,.--") , ... .IM .l.U
1&__ ,_# .... Lt. ....
I I
I .lC
'.JI ..
- --
. -.-lAf - - - - - - - - -,...,.- - - .,.,.... -.,...-:;.'
ce .. a..
."1
IUIC
.. .,.
I.... a.
IJ
I
...
-.
Aft . I -,
...,.
... ..., .
I
,
7'- .
~... '!> ~E I
.
I -. .. c:S:~~
1-... ,.- C...... (I.-.t
.
-------.
_..a ,,6 ..
,,1~S ca.....
"'. .. ll~
'.n' .. --- ----'21------;;';-;;;
- .....,..
aac ,
-. CIMHt
,
cu.tt
- ... lMIll
a... -... _a (
..
.MIIar.
Exhibit A
Ordinance 0-99~146
PUD-C
LOCATION MAP CASE Z-99-007
DESCRlPnON
ALL of that certain tract ar m:" of 1a'1Cf .JtuatecI In the I. CMODI SURVEY.
AbCac:t No. 351, Tarrant eo-.ntr, T_ and Im~rig portIan. '" I'RACT 1 and
1"RAC1' 2. MaNAR't ACRES. an Addltlan to the CItJ of CoI~.., TGmlllt Caunty,
Ta. a. rwcardMl In Velum. J81-140, Pal. 78 Gf the Plat Recora. Tarrant
Coun". Taa. and being men parUeularIJ d..crfbed bJ rrMIt.- and bound. a.
fallan:
BEGINNING at a 1/2 Inch capped..... fad Item"" 8MQA1( SURV INC8 .. In the
RUth.., boundary "n. r;I IICIld Tract 2 and ..... In the eaatwt, rfght-of-way
IIn. of PJ.:Jnct lJM Road (a vartable width rfght-of-wQ):
ntENCE Narth 00 deg,.. 23 min.. 41 -=0" Eat with ICIId rfght-of-way 1In..
at 50.01 feet .....ng the ........ aarnw Gf laid Tract 1. In an 377.42 fMt
to a 1/2 Inch CGpp.d ... racI .tam'" -wcwc SURY INC" Mt;
ntENCE Harth 00 .....,.. OS mln... 21.... Ea8t continuing with ~ rtght-
of-way 1M. 105.71 fNt to a 1/2 Inch ea..... Mal racI .tamped -Ucwc SUAV INC'"
Mt:
ntENCE North 48 deg,... 12 rnInutM 31 ..cana [at contInu'"l with .... "'ht-
of-way .... 14.33 feet to a 1/2 Inch capped ... racI .tam'" -..ewe SURV 1NC8
.
THENCE Narth 00 cIeg,.. 01 mlnum 21 eecande Eaet continuing with IlClIeI rlght-
of-way line. 2.14 feet to a 1/2 Inch capped ... ,. narnped '"WCWC SURV rc-
.. In the nartherf)' boundary 1M of IICIId Tract 1 and the eautt.ty rIght-of
way ON! r;I L. Il LacUtt Road (a !IY rlght-af-wGJ 1M);
THENCE South 81 d",.. 21 mfnut. 00 MCG" Eat wtth IlClIet north.., boundary
nne and aald eoutherty right-at-way I.. at 281.11 ,. paafng the north..
c:orner at aald Tract 1. being the nCll'thwllt earn.. Gf .alel Tracl 2. In aI
388.81 feet to a , /2 Inch capped .... racI .tamped ...CWC SURlt INC. found far the
north.. comer af the tract deecrlbed In the ... to Marte D. Hwnan and wlf..
BII_ A. Herron ae Ncardecl In 'VoIume 11255. Page 1211 of the Deed Recorde.
Tarrant County. Te_:
THENCE South DO deg,... 23 mlnut.. 00 I18CGnd. W.. with the weetefty boundary
On. af Rid Herron tract. 415.00 feet to a 1/2 Inch capped .... rod .tamped
-UCWC SURV IHe'" found for the lICIuth..et comer th-.af, alea being In the
eoutherty boundary UN! r;I Rid Tract 2;
THENCE Narth 88 degre. 27 mlnutee DO _candtI Welt. 378.04 feet with Mid
boundary line to the place at t.glnnlng and cantalnln, 4.3057 acree af land.
man ar 1-. n IUrveyecl bJ DcNId C. "aak Surwycn. Inc. during the month at
June, HilI.
Exhibit 8
Ordinance 0-99~146
PUD-C
.
~
III
~
fj
15
u
&'.
Do
LD. LDCID!:n' ~
I,
I:
.:
I
I
I
I
,
I
I
--
t..
I
I
,
,
I
,
I
9,
ID
I
LOT-a PtlD-C VACAII'1'
IfaIU.RY ~
aa.aDD lIP'
-l
<>1
I
=-1
-'
~
,
---t
I
----J
I
-wi
!I
I
---t
I
----J
,
~
I
~
I
--;
,
---t
,
------'
LOT-SR PUD-C V.ACAM'l'
IIcRAKY' ACDS
84.ooD lIP'
I,
II
.1
I
,
,
,
I
BS'UlJlWft' smc
.,DDO sr BUIIJ)JNG
~il
1'0
..'..
II
III:
,
,
I
,
,
,
I
I
I
I
I
I
I
I
I,
II
.1
I
I
I
I
I
I
I
I
<==
===> r-
I
I
,
I
,
I
I
I
I
I
I
II
I
,
,
,
I
,
I
I
,
I
880.00'
1D'l'-l!R PUD-C VACDT
IIcIWIY .ACHa
1K.D06 lIP'
I,
II
,
,
I
I
,
I
~
371JM'
8-40 VACDT
nmnm 9CBBIII'
~
. . .
CONCEPTUAL PIAN WHITCO CONSULTING, LTD. - 4.3057 GROSS ACRES I!ICALB; 1- _ eo' - O.
A1T~ PUR RIlQtJaT 'l'O .ua:ND PDD-C DRDDWfCl 0-1I-1015S UIIRT .. IWmBN ~,,-s. INC.
Exhibit C
Ordinance 0-99-146
PUD-C
Supporting Documentation for Request to Amend PUD-C Ordinance 0-96-1053
(111-15) Statement of Planning Obiectives
Ordinance 0-96-1053 governing the development of the southeast comer of
Precinct Line Road and l. D. Lockett Road was adopted prior to the undertaking
of two significant local projects; (1) the re-construction of Precinct Line Road, and
(2) the 1998 Master Plan process. The former brought about major changes in the
physical environment, impacting McNary Acres and the entire Precinct Line
Corridor. The latter included a total review of the Precinct Line Corridor, also
known as the Western Gateway, and the resulting document reflects a significant
shift in community attitudes regarding the intensity of development desired in this
corridor.
The current PUD-C for McNary Acres is actually a planned CC-1 district with
several architectural and engineering design restrictions added and a special
requirement that at least 65 % of the floor space be dedicated to retail uses. By
extension, it can be assumed that those uses allowed by SUP in the CC-1 district
are also allowed in the PUD-C by SUP. However, no SUP's were addressed at the
time the PUD-C was adopted.
This request seeks approval of:
1.
2.
an amended PUD-C site plan;
an SUP for alcohol sales for off premise consumption within a
3,600 square foot convenience store with gasoline sales on the
proposed Lot 1 R of McNary Acres; and
an SUP for alcohol sales for on premise consumption within a
restaurant setting on the proposed Lot 2R of McNary Acres.
an adopting ordinance to include the following conditions:
A. The site plan is conceptual only. The tinallocation of all
buildings will be determined during review by the staff
level Development Review Committee.
40 foot landscaping setbacks shan be maintained along
Precinct Line and L.o. Lockett.
The total number of caliper inches of trees maintained on
the site in multiples of three inch trunks or greater shall be
equal to one caliper inch for every seven feet of street
frontage plus one caliper inch for every 4 parking spaces.
The curb return radius for driveways shall be a minimum
of 20 feet and a maximum of 30 feet.
Cross access easements shall be granted to all properties
within and adjacent to the PUD-C.
All uses pennitted within the CC-1 district shall be
permitted.
3.
4.
c.
Exhibit 0
Ordinance 0-99~146
PUD-C
B.
D.
E.
F.
(111-16) Development Schedule
The owner is negotiating with several prospective purchasers in the hope that
development can begin as soon as Spring 1999. The highly restrictive nature of the
current PUD-C has proven to be a barrier to potential retailers.
(111-17) Statement of PrQPOsed Ownership
It is the desire of the current owner to sell this site. A future owner has not been
identified.
(111-18) Statement of UtIlities to be Provided
Water is available to the site. Sewer will be extended to the site by the owner in
cooperation with the property owner immediately south of McNary Acres. The final
agreement for this cooperative effort should be completed within the next 30 days.
Construction of this sewer line will coincide with general development of the site.
This work will also help open the north side of L. D. Lockett for development.