HomeMy WebLinkAboutOrdinances (O-98-1137)-01/05/1998
ORDINANGE 0-98-1137
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING
THE ZONING OF AN APPROXIMATE 59,291 SQUARE FEET PORTION OF LOT 1,
BLOCK 1, TROPICANA FUELS ADDITION, IN THE CITY OF COLLEYVILLE, TEXAS
FROM THE ML (LIGHT MANUFACTURING) DISTRICT TO THE ML (LIGHT
MANUFACTURING) DISTRICT WITH A SUP (SPECIAL USE PERMIT) TO ALLOW THE
SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION;
PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
WHEREAS, an application for zoning change was filed by Philip B. Morrissey, Triple A
Beverage, Inc., on October 30, 1998 under Case No. S-98-002; 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 both 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 land located in Colleyville,
Texas, described by metes and bounds (Exhibit B) by changing the zoning
of said property from the ML district to the ML district with a SUP for the sale
of alcoholic beverages for off-premise consumption together with all site
Ordinance 0-98-1137
Page 2 of 10
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 which is Attachment 1 to this ordinance; the statement of planning
objectives which is Attachment 2 to this ordinance; the conceptual front
elevation which is Attachment 3 to this ordinance; the conceptual rear
elevation which is Attachment 4 to this ordinance; and subject to the
following conditions:
1. The design score of the building must be 35 points or more;
2. An eight foot (8') masonry screening wall be constructed between this
lot and the residential property to the east;
3. Alcoholic beverage sales are limited to only one side of the store; and
4. The hours of operation shall be 6:00 a.m. to 12:00 midnight.
Sec. 2,
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 and accompanying official Zoning Map thereto 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.
The City Secretary is hereby authorized and directed to cause publication of
the descriptive caption and penalty clause hereof as an alternative method
of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
])t(!~t.r ,1998,
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day of
JT.he second reading and public hearing being conducted on the S't!:,
_QtUIlA-Y'( , 1999,
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ATTEST:
Richard Newton
Mayor
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ORDINANCE 0-98-1137
EXHIBIT "A"
ML TO ML WIm SUP
Part of Lot 1 in Block 1 of TROPIC ANA FUELS ADDITION, an addition to the City of
Colleyville, as said Lot 1 appears upon the map thereof recorded in volume 388-159, page 89 of
the Deed Records of Tarrant County, Texas; and a portion of the 0-701100 acres tract described
in the deed to Robert Allen Brawner recorded in volume 6435, page 91 of the Deed Records of
Tarrant County, Texas and being more particularly described by metes and bounds as follows:
Commencing at a~" iron found for the northwest comer 'of said Lot 1 in the easterly line
Colleyville Boulevard and then run southwesterly along the westerly line of said Lot 1 an the
said easterly line of Colleyville Boulevard and a curve to the left having a radius of 2814-79/1 00
feett an arc length of 143-46/100 feet to the northerly and beginning comer of tract being
described, the long chord of said 143-46/100 feet arc is south 49 degrees-41 minutes-13 seconds
west, 143-44/100 feel
Thence south 53 degrees-53 minutes-22 seconds east, 249-161100 feet to the easterly line of said
Lot 1.
Thence south 00 degrees-56 minutes-36 seconds east, along the easterly line of said Lot 1, a
distance of95-51/100 feet to the southeast comer of said Lot 1.
Thence south 89 degrees-59 minutes-45 seconds west, along the said southerly line of Lot 1, a
distance of230-13/100 feet to a curve to the left having a radius of 100 feet.
Thence westerly along said curve to the left an arc length of 29-3911 00 feet, the long chord of
said 29-39/100 feet arc is north 81 degrees-35 minutes-07 seconds west, 29-28/100 feet.
Thence north 73 degrees-09 minutes-59 seconds west, 59-68/100 feet to the beginning of a curve
to the left baving a radius of 270 feet.
Thence westerly along said curve to the left an arc length of 83-46/1 00 feet to the said easterly
lineofColleyville Boulevard and a curve to the right having a radius of2814-79/100 feet, the
long chord of said 83-46/100 feet arc is north 64 degrees-18 minutes-40 seconds west, 83-13/100
feet.
Thence northeasterly along the westerly line of said Lot 1 and the said easterly line of Colleyville
Boulevard an arc length of 263-8711 00/1 00 feet to the place of beginning and containing 1-
361/1000 acres, the long chord of said 263-87/100/100 feet arc is north 45 degrees-32 minutes-
29 seconds east, 263-78/100 feel
ORDINANCE 0-98-1137
EXHIBIT "B"
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ORDINANCE 0-98-1137
ATTACHMENT 1-CONCEPTl!AL SITE PLAN
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Triple A Beverage, Inc.
DBA Phast Phil's
STATEMENT OF PLANNING OBJECTIVES
TRIPLE A BEVERAGE, INC., a privately held convenience store chain, is planning
to develop a convenience store with gasoline and imported wine in the City of CoUeyville.
The architecture and design of the building wiJl be MeditelTanean, consisting of
"aged" stucco and tiled roof. The gasoline canopy area will have graceful archways and
tiled roof. The interior design will be consistent with the Mediterranean style. The
convenience store inventory will cater to the needs of the neighborhood, but wiJl also
include a coffee bar, gommet cheese, crackers, dips and chips. A MeditelT3nean "wine
ceDar" "ill accommodate our neighbors. A landscape engineer will be hired to assist in
planning a development consistent with the neighborhood including trees, plants, bushes
and landscape berms. The station will be branded Mobile, Texaco, Exxon, or Chevron.
Triple A Beverage, Inc. would like the opportunity to bring to the City of CoUeY"ilIe
an upscale convenience store, in the fashion of Highland Park, that caters to its neighbors.
ORDINANCE 0-98-1137
ATTACHMENT 2 - STATEMENT OF PLANNING OBJECTIVES
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Triple A Beverage, Inc.
DBA Phast Phil's
DEVELOPMENT SCHEDULE
Approximate dates of construction for Phast Phil's CoDeyville:
Ground breaking
Febl11alj' 15, 1999
Construction
February 15 - April 30, 1999.
Store opening
May 1, 1999.
Grand opening
June 1, 1999.
STATEMENT OF PROPOSED OWNERSHIP
TRlPLE A BEVERAGE, INC. is under contract to purchase from
WHITeo CONSULTING, LTD. the tract of land contained in the attached
survey.
STATEMENT OF UTll.lTIES PROVIDED
As per contract, wmTCO CONSULTING, LTD. will engineel' and
develop aD of the necessary sewer, water and drainage facilities.
1010 W. EULESS BLVD., STE. 160' EULESS, TX 76040. METRO (817) 540-6823' (817) 545-0198' FAX (817) 540-0919
DESIGN PARAMETERS and EXHIBIT "A"
ALL PLANS SHALL BE SHOWN TO WHITCO SEVEN DAYS PRIOR TO
SUBMISSION TO THE CITY OF COLLEYVILLE FOR COMMENTS.
The overall station design should be of an aged Spanish style (see Colleyville
Gateway Plaza color rendering dated 8/1/98 and prepared by Prelim of Dallas)
and similar to Spanish buildings in Beverly Hills California or Highland Park
of Dallas.
Stucco exterior either trowel or hand smoothed, stone cornices are ok.
Building and Canopy roof and columns of Spanish design with Spanish,
curved tiles placed unevenly with concrete fill.
Building color to match the Plaza design, except for the name brand logo and
color needs for signage.
Under canopy lighting to be recessed as to avoid glaring lights onto
surrounding areas. Rear and side of building lighting be positioned in
locations and focused so that they do not pose a glare factor into the
surrounding residential and or commercial areas.
Landscaping design to look and conform in style and plants similar with the
plaza landscaping design of the plaza. Mature plants and trees.
The rear design and car wash to conform to the front building in color and
appeal so that the any view from the residentiai/ commercial areas lends to the
appearance of a contiguous look.
Parking islands should contain landscaping, be it lawn or plants/ flowers.
A sidewalk to follow the Gateway design of curving walks through the
landscaped berms.
Landscape berms to be of greater height than roadway or driveway elevations
with the intersection berm no less than three feet in height.
No removal of existing trees from the property parameters. Building
contractor to be responsible for damage to the trees and will replace them with
trees of equal height and type, immediately upon notification by Whitco
thereof.
Any walls to blend and be of type or color of the plaza concept.
Dumpster area to hidden from Hwy 26 and John McCain view.