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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.