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HomeMy WebLinkAboutOrdinances (O-98-1136)-01/05/1998 ORDINANCE 0-98-1136 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 3.19 ACRES, OUT OF THE A. J. LOTT SURVEY, ABSTRACT 963, TRACTS 3D, 3E, 3D3, 3E3, 3D2, AND 3E2, AND A PORTION LOT 1, BLOCK 1, TROPICANA FUELS ADDITION, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE AG (AGRICULTURAL) AND ML (LIGHT MANUFACTURING) DISTRICT TO CC-1 (VILLAGE RETAIL) DISTRICT WITH A SUP (SPECIAL USE PERMIT) TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by K. A. Whitman, President, Whitco Consulting Ltd., on October 30, 1998 under Case No. Z-98-045; 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 AG and ML district to the CC-1 district with a SUP Ordinance 0-98-1136 Page 2 of 9 for the sale of alcoholic beverages for on-premise consumption 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 which is Attachment 1 to this ordinance; the statement of planning objectives which is Attachment 2 to this ordinance; the conceptual building elevation which is Attachment 3 to this ordinance; and subject to the following conditions: 1. There will be no connection to Danielle Drive; 2. There shall be an eight (8) foot masonry screening wall erected along the east property line with an opening to allow access to the property to the east; and 3. The hours of operation of the restaurants shall be 6 a.m. to Midnight on Fridays and Saturdays, and 6 a.m. to 10 p.m. on all other days. 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 ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the De.t.t.~t.r ,1998, The second reading and public hearing being conducted on the ,---Ja)'l.~r1 ,1999. (~~ day of s'l:b day of ATTEST: ~,fl~' City Secretary CITY OF COLLEYVILLE 9L^~. Richard Newton Mayor Ordinance 0-98-1136 Page 3 of 9 VED AS TO FORM AND LEGALITY: DR ::III" 1f.H! i fi I: i ! ~'I .Itill". i II Ii i IH nuu I GI~ - I ,I... i!1 I. L i "' 1-' B I . fn!L'If! II!I* I! ~ it i ~i II fthl. S Ii Ii mli'lii ,;k:iJl ill ' I ~ It UI;IIt: IIIIIII I I Ii III. u: 01$ c't I'''' m I l;g I I · s; . I' i, C I. l~dl m.i I U.t 1111 ~II ;~l o ~ II. 111II111~ llllk Inllllll~ Cl I') ~ U N 0:: ~ ~ .1 < II .., I') ~ III III Iz tll 'I lei . ;1 1111 J.j A !nll ;Ii ilMIIIII.. ,II! -"- .... --... e lI~i ~ I .llu9 ~ L, .. ORDINANCE 0-98-1136 EXHIBIT "A" 01 z ,0 i= a.z ~o =>i= Ula. z~ O=> UUl --'z 00 ::eU 0--, Uo --'::e <(0 ~~ in<( z~G OinU 0::10 ot::~ u..oCl a.o::<( =>0 Ulu.. ::ea. ~=> ~Ul GiE U~ g--, ~ --' ~g Cl.J ~~ Cl I <( AG AND ML TO CCI .Part of Lot 1 in Block 1 ofTROPlCANA FUELS ADDmON, an addition to the City of Colleyvillc, as said Lot 1 appears upon the map tbereof~orded in volwne 388-159, page 89 of the Deed Records of Tarrant County, Texas and a part of the A.I. LOTT SURVEY, Abstract No. 693 in the City ofColleyvillc, situated about 13-5/10 miles north 45 degrees east of the courthouse in Fort.Worth, the county seat for Tmant County, Texas; embracing 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 ofTmant County, Texas; a portion of the 0-962/1000 acres tract described in the deed to Robert Allen Brawner recorded in volume 6435, page 89 of the said Deed Records; and a portion of the 1-798/1000 acres tract descnDed in the deed WHITeO CONSULTING LID., recorded in volume 13331, page 66 of the said Deed Records and being more particularly described by metes and bounds as follows: Begjnni~g at the southeast COJ'IlCI' of said 0-701100 acres tract .'I11~ south.89 degrees-59 minutes-4S seconds west, to and along the southerly line of said 0- 692/1000 acn:s tract, 210 feet to the southeast comer of said 0-692/1000 acres tract Theoce south 8'9 degreeS-59 miDutes-4S seeoDcIs west, alODg the south IiDe of said 1-798/1000 acres tract, 375-67/100 feet. TheDce northeasterly along a curve to the right an are leDgth of384-70/100 feet, in a curve to the left haviDg a radius of2814-79/100 feet, the long chord of said 384-701100 feet an: is Dol1ll37 degrees42 miDut~36 seconds east, 384-401100 feet. Thence northeasterly along said C1D'Ve to the right, the westerly line of said Lot I and the easterly line of CoUeyville Boulevard an an: length of 60-45/100 feet, to a curve to'the left having a radius of270 feet, the long chord of said 60-45/100 feet arc is north 42 ciegrees-14 minutes-26 seconds ., 60-45/100 feet. Thence southeasterly along said C1D'Ve to the left an arc length of 83-461100 feet, the long chord of said 83-461100 feet arc is south 64 degrees-18 minutes-40 seconds east, 83-13/100 feet. Thence south 73 degrees-09 minutes-59 seconds east, 59-681100 feet to the beginning of a curve to the left having a radius of 100 Ceet: ,.' Thence easterly along said curve to the left an 8IC length of29-391l00 feet, to the southerly line of said Lot 1, the long chord of said 29-39/100 feet arc is south 81 degrees-35 minutes-07 seconds east, 29-28/100 feet Thence north 89 degrees-59 minutes-45 seconds east, along the southerly line of said Lot 1, a distance of 230-13/1 00 feet to the northeast comer of said 0-70/100 acres tract. Thence south 00 degrees-03 minutes-45 seconds west, 310 feet to the place of beginning containing 3-19/1000 acres, 'more or less. ORDINANCE 0-98-1136 EXHIBIT "B" - OVERALL CC-1 DESCRIPTION AG AND ML TO CCI WITH SUP FOR ON SITE ALCOHOL CONSUMPTION Portion of Lot 1 in Block 1 of TROPIC ANA FUELS ADDmON, an addition to the City of eolleyville, 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 part of the A.J. LOTI SURVEY, Abstract No. 693 in the City ofColleyville, situated about 13-5/10 miles north 45 degrees east of the courthouse in Fort Worth, the county seat for-Tarrant County, Texas; and a portion of the 1- 798/1000 acres tract described in the deed WInTCO CONSULTING LTD., recorded in volume 13331, page 66 of the said Deed Records and being more particularly described by metes and bounds as follows: Beginning at the southwest comer of said 1-798/1000 acres tract in a curve to the right having a . radius of2814-79/100 feet. Thence northeasterly along said curve to the right an arc length of 384-70/100 feet, in a curve to the left having a radius of2814-79/100 feet, the long chord ofsaid 384-70/100 feet arc is north 37 degrees-42 minutes-36 seconds east, 384-40/100 feet. ~ence southeasterly along said curve to the left an arc length of 153-91/100 feet, to the beginning of a curve to the left having a radius of to the east line of said 1-798/1 000 acres tract, the long chord of said 153-91/100 feet arc is south 67 degrees-24 minutes-39 seconds east, 152- 51/100 feet. Thence south 00 degrees-03 minutes-45 seconds west, along the east line of said 1-798/1000 acres tract, 245-49/100 feet to the southeast comer of said 1-798/1000 acres tract. Thence south 89 degrees-59 minutes-45 seconds west, along the south line of said 1-798/1000 acres tract, 375-67/100 feet to the place of beginning and containing 1-725/1000 acres. ORDINANCE 0-98-1136 EXHIBIT uB" - SUP DESCRIPTION 0088 11..!} 1..18 'P'I7 J1Ufllnsuo:J OO'llru1. I ""'"1 ~ .' 101 . - I ~ '!"1 r . I · I .rti I I I I I I iO J I I pnAernoll e1l1JiAe1fO:J pn ( perz1luvQH ) PIlOfl ~::P1f UflOr YZr7d APAf3JY9 377.fAA3770:J l:J <[ l:J <[ ~ ~ ~ t;3 ~ ~ ~ ~ ~ ..............- B H if) i 81 ~ ~ ~ ~ti~~1 ~ii ii ~::i::i::i I- III !lJ!i~ lllllllll llllll ii ~~ <( I !:lil~ii lIlRI!~ ~t:..:cl :5 !l (D 1lI~ ! e{ ~ ;= J i ~ II:: Iii'" tJ tB !Ii i~ I ; i! 3 II 191~ III! II II II g: II :91~lli I illll Ii So) ~ ~ I I ~ ~ ORDINANCE 0-98-1136 ATTACHMENT 1 - CONCEPTUAL SITE PLAN Supporting Narrative - Colleyville Gateway Plaza Re-zoning Application (15) Statement of Planning Objectives In keeping with the goals and objectives of Issue 9 of the Colleyville Master Plan, Colleyville Gateway Plaza will be developed in a partnership effort with the City of Colleyville to create a distinctive, elegant and formidable northern gateway entrance to the City. This development will set a high standard for future development in the corridor at a level which is prevalent in Highland Park of Dallas. It is our intent to develop restaurants, retail stores, medical and professional offices that are top of the scale for elegance and which compliment one another. The plaza courtyard is designed to serve as a social meeting place, friendly and interesting to children as well as adults. The plaza is also designed so there is no alley behind, but rather lawns, fountains and sitting areas; an environment of beautiful gardens and walkways. The rationale behind the development of Colleyville Gateway Plaza is the desire to build something that is not commonly done anymore. We believe that less is more; that old will never get old; that new will get old. Old only gets older and better looking. The classical style of Spanish architecture, when done properly, has been homey, warm and embracing in its appeal. The open areas are intended to be used. In accordance with the goals of Issue 16 of the Colleyville Master Plan, significant stands of native trees will be preserved and they will be maintained as part of the common area. (16) Development Schedule It is our desire to begin construction in January or February of 1999 and to be completed by July or August of that same year. Attention to detail could cause the final finish-out to run a month or so longer. (17) Statement of Proposed Ownership Permanent ownership of the site has not yet been determined. The applicant will manage the project until that decision is made. (18) Statement of Utilities to be Provided Sewer will be extended 1200+ feet to Longwood Drive. Engineering plans will be submitted during November 1998 as part of the preliminary plan for the site. Water is available at the front of the site. ORDINANCE 0-98-1136 ATTACHMENT 2 - STATEMENT OF PLANNING OBJECTIVES NOI.lV^313 ~Nlalln8 lVn.ld3:>NO:> - & .lN3WH:>V.l.lV 9& ~ ~-86-0 3:>NVNla~0 r--, ~ 4 ~ ,~ ~) -... ~ ""-' I --., '--- ~ ::-~ ~ ; ) ~~