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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/14/2003 clty or ~ Texas AGENDA PLANNING AND ZONING COMMISSION City Council Chambers - 5400 Bransford Road Monday, July 14, 2003 REGULAR MEETING: 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES CITIZEN COMMENTS AGENDA ITEMS Chairman Jeff Wall Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall Commissioner Kelly CALL TO ORDER ROLL CALL May 27, 2003 1. Case Z-03-013 - PUBLIC HEARING - Zoning Change from AG to CC1 Village Retail on 0.50 acres located at 5313 Pleasant Run Road 2. Case Z-03-014 - PUBLIC HEARING - Amendment to Ordinance 0-02-1370 (PUD- C) on Lot 1, Block 1 Highway 26 Industrial Addition, located at 6804 Colleyville Boulevard 3. Case Z-03-015 - PUBLIC HEARING - Zoning Change from AG to PUD-C on 4.307 acres located at 6521 Colleyville Blvd. 4. Case Z-03-016 - PUBLIC HEARING -Amendment to the Land Development Code regarding the Sign Board of Appeals 5. Discussion of the Master Plan Update 6. Staff Comments, Reports and Discussion Items The following item was received on the last case submittal deadline: · Case P-03-015 - Minor Plat of Lots 1 & 2, Kamego Addition, 3.1494 acres located in the 200 block of Glade Road on the north side of the road 7. Commissioners' Comments and Reports ADJOURNMENT I, Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Friday. July 11, 2003 at 4:30 p.m. t Planning and Zoning Commission Agenda - July 14.2003 Page 1 of 1 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - June 9, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, Bud Sellers and Jeff Wall were present. Commissioner Bob Culley was absent. Barry LeBaron, Clayton Husband, Jeff Jones and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Jones. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 27, 2003 Commissioner Jones moved to approve the minutes as written. Commissioner Sellers seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was none. AGENDA ITEMS [NOTE: The Chairman moved item #3 on the agenda to the first item for consideration.] 1. Case Z-03-011 - PUBLIC HEARING - Request for a Special Use Permit for an Accessory Building on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane Chairman Wall made an announcement that staff received a telephone call from the applicant, Jode Wilson, advising that they intend to withdraw their application for the special use permit, but staff did not receive anything in writing. There was discussion by the Commissioners about how they would proceed with consideration of the case. They discussed passing over the item and taking no action, tabling the item, or opening the public hearing on the item to allow those present wishing to speak to comment and then take action on the item. It was decided by the Commission that the chairman would open the public hearing for comments by the citizens. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Staff addressed questions by the commissioners regarding how many structures are currently on the property; subdivision covenants and restrictions and the impact they have on Planning & Zoning Commission Minutes - June 9, 2003 Page 1 of 4 Draft Copy (June 10, 2003) consideration of the case; and regulations for parking a large commercial truck on residential property. Chairman Wall opened the public hearing. Those present wishing to speak were: Karen Jarsted, 1208 Holly Lane, spoke in opposition to the case. She raised concerns over the height of the building, the size of the truck the applicants want to park in the garage, and she told the commissioners about a neighborhood meeting on June 3rd with the applicant and how the proposed location varies from the site plan exhibit. Ms. Jarsted presented a petition with additional signatures in opposition to the special use permit. John Perone, 1216 Holly Lane spoke in opposition to the request. He explained what the applicant spoke about at their meeting was very different from what the applicant portrayed in the special use permit application materials. He said the picture that the applicant submitted would not be big enough to house the Kenworth truck he plans to garage. Mr. Perone said that rather than working within the regulations, the applicant is requesting variances from the neighborhood deed restrictions and variances from City regula~ions. He said the seller's real estate agent told him that the location of the garage on the exhibit really isn't the location where the garage will be placed. Mr. Perone said the request for a special use permit for an accessory building this size does not match the feel of the neighborhood. Commissioner Swift asked Mr. Perone if the applicant mentioned a second story for the garage in any of his conversations. Mr. Perone said the applicant only mentioned a loft. Ann Hardy, 7100 Waldon Court, said she developed the Hidden Oaks subdivision 24 years ago and the intent of the covenants and restrictions were to not allow a cab of an 18 wheeler to be parked within the neighborhood, nor allow the construction of this kind of building in the neighborhood. She said she was opposed to the request. Elise Pister, 7200 Holly Lane, spoke in opposition. She said she does not want the tree line to be destroyed and a tractor trailer does not belong in the neighborhood. David Washington, 7300 Hix Court, spoke in opposition. He said the applicant did not state the size of the truck he plans on parking in the accessory building in the application and the way the application is written, someone would assume the applicant wants to park is an antique vehicle in the accessory building. He said there is an inconsistency because the property is not under contract and this is just a speculative proposal. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Commissioner Swift moved to recommend denial of the special use permit application. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Planning & Zoning Commission Minutes - June 9, 2003 Page 2 of 4 Draft Copy (June 10, 2003) 2. Case P-03-011 - PUBLIC HEARING - Replat of Lot 18, Block 3, Andy Felps Addition, located on the northeast corner of Cheek Sparger Road and Felps Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion by the commissioners and staff regarding the zoning history of property in the Andy Felps Addition. Chairman Wall opened the public hearing. Those present wishing to speak were: Virginia Garrett, 1218 Cheek Sparger, asked questions about the size of the lots. Vernell Greer, 4001 Felps, asked questions about how many lots would be created. Steve Knight, 3917 Felps Court, said he was glad to see an interest in residential growth in the area. He asked questions about deed restrictions on the property and if the City imposed a minimum house size, and about the easement. Staff responded to his questions. Mrs. Garrett, asked questions about the driveway location and commented on the dangerous US" curve on Cheek Sparger. Staff commented on driveway designs on collector streets. Jerry Brogdon, applicant, spoke about his plans for the property. He said he plans on adding a third bedroom to the existing house. He said the driveway will have an approach that is safe and addresses all safety concerns, and he plans on constructing an approximately 3,000 square foot custom home on the newly created lot. There was no one else present wishing to speak and the public hearing was closed. Commissioner Jones commented about the current Master Plan that was adopted in 1998 and how there was a vision for the area to become commercial. He safd the community has seen otherwise and there is a resurgence of residential development in this area. Commissioner Sellers moved to approve the replat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 3. Case P-03-012 - Amended Plat of Lot 31R, Block A, Brook Meadows Addition, located at 4400 Shadywood Lane Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones moved to approve the amended plat. Commissioner Byerly seconded the motion. The vote being: Planning & Zoning Commission Minutes - June 9, 2003 Page 3 of 4 Draft Copy (June 10, 2003) Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Discussion of the Master Plan Update: Barry LeBaron spoke about the workshop that is scheduled for Thursday night and he reviewed the reason for the workshops. He went over the upcoming schedule and spoke about the status of the telephone interviews. 5. Staff Comments, Reports and Discussion Items: Barry LeBaron commented on the commissioners taking action on a request when the applicant is not present to enter into the discussion. He said since the applicant of the earlier case told staff they were going to withdraw their request, it was a moot point. He explained the reason the City Council established the procedures for requiring a special use permit for accessory buildings. 6. Commissioners' Comments and Reports: There were none. ADJOURNMENT The Commission adjourned the meeting at 8:20 p.m. by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - June 9, 2003 Page 4 of 4 Draft Copy (June 10, 2003) cce~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: July 14, 2003 Z-03-013 - Public Hearing - Zoning Change from AG to CC1 Village Retail on 0.5 acres located at 5313 Pleasant Run Road STAFF REVIEW COMMENTS Bobby Joe Davis and Gregory Scott Davis are the owners of a half-acre parcel of land located on the east side of Pleasant Run Road, across from Central Drive. The owners have requested to change the zoning on the property from AG Agricultural to CC1 Village Retail. The owners are seeking a zoning change in order to market the property to potential buyers. The subject property is one-half acre in size, with frontage only on Pleasant Run Road. There is an existing residence on the property. Available records indicate the house was constructed in 1950. The property generally slopes to the rear, where a small creek is located. There are several large trees on the property. The surrounding property is generally commercial in nature. Property to the north and east is zoned CC1, and is the location of First Baptist Church. Property to the south is zoned AG, and is used as single family residences. The property to the west, across Pleasant Run Road, is zoned CN Neighborhood Commercial. One of the lots across the street is occupied by a commercial building, which was at one time the Colleyville post office; the other lot is vacant. A zoning map of the area is attached. The owners have not indicated any potential users for the property, as they are seeking the zoning change in order to market the property as commercial property. The CC1 zoning district is primarily a retail and office district, and allows a variety of retail stores, restaurants, general offices and medical offices. The property is of sufficient size to accommodate commercial development. IMPACT ISSUES 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future retail and commercial area. The Master Plan proposes that all the property between Pleasant Run Road and Colleyville Boulevard, and south of Church Street, be developed as retail and commercial uses. Most of the property in this area is already zoned CC1. The recommendation for approval is based on consistency with the Master Plan. 2. Surrounding Properties. Most of the surrounding properties are developed as non- residential uses. First Baptist Church is located north and east of the site. The property across Pleasant Run Road is zoned and used for commercial purposes. The Village at Colleyville is located just south of this property, and there are commercial buildings located along Colleyville Boulevard. Agenda Item No. 1 - Page 1 3. Development Trends. The long-term trend for this area appears to be commercial and retail development. Property in the area is generally suitable for that type of development. Construction continues in the Village at Colleyville, and most buildings along Colleyville Boulevard near this site are occupied. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights- of-way. The Water Build-Out Plan would require the construction of a new 8-inch water main along the frontage of this property at the time of development. 5. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Traffic generation for commercial uses vary greatly depending upon the use of the property. There are no available traffic counts for this area. 6. Property Taxes. According to information available from the Tarrant Appraisal District, the 0.50-acre tract is valued at $49,900. The estimated City property tax revenue for the property is $173 annually. 7. Sales Taxes. Depending upon the type of use, it is possible that sales tax revenue could be generated by development on this property. Retail stores or restaurants would provide sales tax revenue. Most office uses do not generate sales tax revenue. 8. Public Notification. Staff mailed notices to 8 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. 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J~'lQ.L~F~C-~ \ 2 Let". po.: I 5 Location Map & Area of Notification Case Z-03-013 - Zoning Change from AG to CC1 Area Zoning Map Z-03-013 First Baptist Church Colleyville 5405 Pleasant Run Road Colleyville, TX 76034 Kay Lynn Foster Hart 5301 Pleasant Run Road 'Colleyville, TX 76034 Edgar Ethridge 3324 Dustin Trail Hurst, TX 76054 Jim Stephens & Ann Roseberry 234 Grapevine Highway Hurst, TX 76054 Lloyd Brothers PO Box 45 Colleyville, TX 76034 Freida Tomlin Est 5404 Pleasant Run Road Colleyville, TX 76034 Sharon Bailey Lambert PO Box 322 Colleyville, TX 76034 Bobby Joe & Gregory Scott & Bradford Foster Davis Dba Davis Pickin' Parts & Parlor 1132 Winding Way Road Nashville, TN 37216 Case Z-03-013 (Notices dated: July 3,2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy' .~ Planning & zo&ng Assistant ORDINANCE 0-03-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 0.50 ACRES OUT OF THE J.M. LOONEY SURVEY, ABSTRACT 936, FROM THE AG AGRICULTURAL DISTRICT TO THE CC1 VILLAGE RETAIL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Bobby Joe Davis and Gregory Scott Davis on June 11,2003, under Case No. Z-03-013; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown in Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the CC1 Village Retail district. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not t"o 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. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT 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. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-03-xxxx Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Exhibit A Zoning Map Exhibit B Metes and Bounds Description All that certain tract or parcel of land out of the J.M. Looney Survey, Abstract 936, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a steel rod in the east right-of-way line of Pleasant Run Road by deed call 433.95 feet South 0 degrees 15 minutes 30 seconds East from the northwest corner of the said Looney Survey; THENCE South 87 degrees 48 minutes East 189.57 feet to a set steel rod; THENCE South 0 degrees 15 minutes 30 seconds West 115.03 feet to a set steel rod; THENCE North 87 degrees 45 minutes 30 seconds West 189.57 feet to a 1-inch iron pipe in the east right-of-way line of Pleasant Run Road; THENCE North 0 degrees 15 minutes 30 seconds East along the east right-of-way line of said Pleasant Run Road 114.89 feet to the POINT OF BEGINNING and containing 0.50 acres, more or less. cce@ l'ex.a~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: July 14, 2003 Z-03-014 - Public Hearing - Amendment to Ordinance 0-02-1370 (PUD-C) on Lot 1, Block 1, Highway 26 Industrial Addition, located at 6804 Colleyville Boulevard STAFF REVIEW COMMENTS Total Enterprise Inc. is the owner of a property and building located at 6804 Colleyville Boulevard, immediately south of Tennison Parkway. The City Council approved a Special Use Permit for automotive repair and service with outside storage forthis site on November 6,2002. However, the building was not leased. The owner has a.prospective tenant in the automotive repair business, and is requesting an amendment to the conditions associated with the approved Special Use Permit. The previous applicant originally proposed the restriction on overnight parking, and the requirement was made part of the Special Use Permit. The approved ordinance contains the following provision: No overnight parking of vehicles shall be allowed outside the building. The applicant requests that the overnight parking of vehicles be allowed, subject to the following restrictions: · All vehicles parked overnight awaiting repair would be parked at the rear of Building 8, as noted in the approved ordinance. · A cedar screen fence would be placed on existing metal swinging entrance gates. · The outside parking area will be kept neat and orderly at all times. · All work on vehicles will be completed inside the building. · No other items shall be parked or stored in the outside parking areas, such as containers, boats, recreational vehicles, or trailers. If a cedar screen were placed on the gates, the Fire Marshal has indicated that a fire sprinkler system will be required to be installed in the building. There are other conditions in the approved Special Use Permit that will still apply to this property. A copy of the approved ordinance is attached for reference. The property is zoned ML Light Manufacturing and the building has been used for similar type of businesses in the past. Given the location of the building on the site, vehicles waiting for repair that are parked at the rear of the property would not be visible from the street. The Monterra subdivision is located immediately west of this site. The closest residence to this building is 425 feet to the west. The residential property is further buffered by a creek and densely treed area. The properties north and south of this site are zoned to allow commercial activity. Agenda Item No. 2 - Page 1 Since this request is for a Special Use Permit, the Commission and Council may place conditions on the approval of the request. These conditions could include the installation of landscaping or screening, signs, limitations on specific activities on the site, and time limits or periodic renewals of the Special Use Permit, provided the conditions are designed to reduce the negative effects associated with the use on adjacent or surrounding properties. IMPACT ISSUES 1. Master Plan. The proposal is compatible with the Master Plan, which indicates commercial and retail uses for the property. 2. Surrounding Properties. The property located north of the site is zoned PUD-R, but is zoned to allow commercial uses allowed in the CC1 zoning district. The properties to the south and across Colleyville Boulevard are zoned ML Light Manufacturing and are used for commercial purposes. The property to the west is zoned PUD-R and is developed as single-family residences. The lot immediately abutting this property to the west is used as private open space. 3. Development Trends. This area is experiencing significant development. A new dental clinic has opened just north of the site. In addition, an interior design studio and a photography studio will be opening soon on the property to the north. The trend in the area is for continued development of commercial and retail businesses along Colleyville Boulevard. 4. Infrastructure. The existing utilities in this area will adequately serve the proposed development. The building is connected to public water and sanitary sewer. A 12-inch water line and fire hydrant must be installed before November 6, -2003, as required by the Special Use Permit for this property. 5. Current Zoning Suitability. The current zoning of the property is compatible with the proposed land use. Most of the surrounding properties are zoned for commercial uses. 6. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $360,000. The estimated City property tax revenue for the property is $1,250 annually. 7. Sales Taxes. Sales tax revenue is generally limited for automotive uses. In some cases, sales tax would be collected on parts that are sold separate from a packaged service. For example, if an oil change service has a fixed price that includes parts, the parts used for the oil change are not subject to sales tax. If the parts are purchased separately, the parts are subject to sales tax. 8. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Automotive repair services generate 1.6 to 5.4 trips per 1,000 square feet of building area, on average. The 4,700 square foot building may generate 8 to 25 trips per day. The following table shows the recent traffic counts for Colleyville Boulevard during a 24-hour period. Agenda Item No. 2 - Page 2 Location 24-Hour Total Date Tinker Road intersection 30,366 vehicles 2001 /2002 John McCain intersection 43,625 vehicles 2001 /2002 9. Public Notification. Staff mailed notices to 13 adjacent property owners regarding this request, including the Monterra homeowner's association. A complimentary notice was also sent to the Ross Downs Estates homeowner's association. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: July 14, 2003 City Council: August 6 and August 19, 2003 RECOMMENDATION Approval ATTACHMENTS: · Location Map · Letter from Applicant · Ordinance 0-02-1370 · List of Property Owners Notified · Draft ordinance Prepared by: elopment Manager Agenda Item No. 2 - Page 3 .. 11 6 ]7 JI TII 2A TR 21< 4,387 AC 38 3! 2.IJ At 12 .9 or- .8 " ,) ...1 3'l ). lA . 1.ln At TA 2J .'. 11 3.12 At ,. ~ .. lR 3 8.6q AC 13 12 11 II IIR '08 '8 11 ~ ., j 1 " r.'J'U~ CT 51 .. .. " .5 .6 51 5 9 52 ,. I. 17 INDUSTRIAL BI,VD 12 11 ,.. ~ 1 R-14-1 'l~~;:> \\\>. ~ t- \?- ,\~s ~ S'\!>- 1 ~ 3.~'z).~ ~ COLLEYVILLE TIF' lR 2N .648 . Tn 2L I.' At Tn G' ?~ A[ TR 20 .'l9 At R .... t 368.: .. .. -19- ,------- , TR ~ T. o 2M3 21<, o " TA IA 2:'1. 1" ;Zv .~. .41" AC TR 21" ,)5 OC .1 ~ Location Map & Area of Notification Case Z-03-014 - Amendment to PUD-C - 0-02-1370 CORPORATE REALTY ADVISORS June 10, 2003 City ofColleyville Texas Planning and Zoning Commission 5400 Bransford Road Colleyville, Texas 76034 RE: SUP Amendment Request of Ordinance 0-02-1370 Dear Planning and Zoning Staff, On behalf of the Owners of 6804 Colleyville Blvd. Total Enterprise, Inc., I respectfully submit a request to amend Ordinance 0-02-1370 Section 1 Paragraph D to allow the overnight parking of vehicles awaiting service. In order to maintain the aesthetic integrity of the Highway 26 corridor, the proposed outside parking of vehicles would be maintained under the following conditions: · All vehicles parked overnight waiting repair would be parked at the rear of Building "B" (on Exhibit B). · Cedar screen fencing would be placed on existing metal swinging entrance gates (on Exhibit B). · The outside parking area will be kept neat and orderly at all times. · All work on vehicles will be completed inside the Building. · No other items shall be parked or stored in the outside parking area (i.e containers, boats, R V s, trailers) As a long time Colleyville resident and Business owner, Total Enterprise is committed to creating a positive business atmosphere while respecting the concerns of the community. I thank you in advance for consideration of this amendment and look forward to discussing this issue at your convemence. Sincerely, Stephen D. Little Vice President Enclosure - Exhibit A - Zoning Map Exhibit B - Site Plan 300 ONE PRESTON CENTRE. 8222 DOUGLAS AVE. . DALLAS, TEXAS 75225 . (972) 386-7100 . FAX(972)386-0035 Exhibit A Zoning Map ~\37~~ ..L 'Y CC-2 LI r--~-~9~~ ~--~\.-\Y ~ . m,. I / '\T 1 r-- .AT ~,,\ / ~ ",- ~~_.~1. -IA .-'~ J::i~.JD-R ~~~ C], y-- 4 '92"-\: '-:iT-KV;zn ! I /."" 5 \TE 1_ ;f~Pl~~~'~~_1::J~'/ A~_~ r ~d u . . . Mt ---/1' . i FIT-itt:lm'tii i rl .+-- :~ I..J:I ITJ L& ;;t' 'i. i' f n I " I I .L.l' ""!' " r--"- =1".... e-- pu~c r" . .-f=-" r-\ ~,l ~ 1.-.G=.~.--=.. ~=.L-- ~. - T......." *!- ! .r-"':r11 . -n~- ' ~'r iL .._'~.~_ ..2/l ,- -- ~-1~~-- ~ . . -..4 J n . - __ f-- ~ I ~--!-- ~ _ I i _.I~ 1--- . 1.t'.,I.. I _ t- _ ' :::- ....~, >-- . ..r'Jrir I I I I , I .... ' I f ~-H -I. _ 10.;."'.-:- --1= l- -; -J ,I~ ..'t!l L OJ -. F- .. \ 1 _, '* : D~l....... ,I -.: - ..r- ~-.L- +-1 l:f~"i i B'- '- J _d'''\ 1 \-. i. i .1"- II' r j -- (-- -~ I ~4 ; ._ ~~~ L,...- : I 1 10---- -, J,__. Exhibit B Zoning Exhibit III I I I 12' Or<ll;Overnight Parking Area t-oln Link f"ooncA . ..... t) , fbt~.. .f . . . . ORDINANCE 0-02-1370 N ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF OLLEYVllLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR UTOMOTIVE REPAIR AND SERVICE WITH OUTSIDE STORAGE ON LOT 1, lOCK 1, HIGHWAY 26 INDUSTRIAL ADDITION; PROVIDING FOR THE IOlATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; UTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. HEREAS, an application for a Special Use Permit was filed by Johnny Stowe on September 3,2002, under Case No. Z-02-025; and HEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and HEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and HEREAS, the City Council has determined that the proposed zoning amendment is in the best interests 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 Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Highway 26 Industrial Addition (6804 Colleyville Boulevard), by authorizing a Special Use Permit for Automotive Repair and Service with Outside Storage, subject to the following conditions: A. The Special Use Permit shall apply only to Building B, as shown on the Zoning Exhibit attached as Exhibit "B". B. The Special Use Permit shall become null and void seven (7) years from the date of approval. C. The hours of operation shall be restricted to 7 a.m. to 7 p.m., Monday through Friday. D. No overnight parking of vehicles shall be allowed outside the building. E. All vehicles waiting for repair shall be parked to the rear of the building. F. No storage of parts or containers shall be allowed outside the building. Ordinance 0-02-1370 Page 2 of 3 G. The tiltwall portion of the building shall be repainted. The exterior surface shall be of a subtle or neutral color. Trim and accent areas may be painted and feature brighter colors, including primary colors, but not more than ten (10%) percent of the wall surface area. High intensity or fluorescent colors are prohibited. H. All repair work shall be done inside the building. \. Work shall not be performed on any vehicle larger than a 2-ton pickup truck. J. No vehicles for sale shall be parked in front of the building adjacent to Colleyville Boulevard. K. The required 12-inch water line and fire hydrant shall be installed within one year from the date of approval of the special use permit. Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined 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 Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT 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. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing. being conducted on the /5 ~ day of a-~ 2002. The second reading and public hearing being conducted on the ~ ~ day of ~~IAAJ 2002. ~~~ Cynthia Singleton. TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: f~ Ross T. Foster City Attomey Ordinance 0-02-1370 Page 3 of 3 CITY OF COLLEYVILLE: rl'7/~ Mayor Exhibit A Zoning Map ~~ ML I CC-Z /I~.. -~3~ ~~~ _, ~~-1 " ~ ~ ~ ~\~~_\ '_~ 00W-11114 ,/-- ~~:l\r- -- ()'98-1098 ~~=-r Ik 1; ':buD-R ~~'?~ ~~~~l ! II \)I '. ,~ j(~ , -~jH";;r~ ==z-i~Of A~~ 5 'TE .JL- ~( .~, ~ --. AfL '-//1 I DJr-F1!i-H" 'U 1 H' \---j ~-- I I J l I ttrcD :=1 jj 1 j=:= '==~- -= PUQ:C~'~-1::l""': ":",-:",rrr-o /IT ~::: ~ ~-2G [~_! =.i'- _ _-=-: 1~1211 n r"l lWI2'f~rfrl-- =-- - ~~ ; i -;--.-- -- ~ . r~ rl 71 I . -'-. C = ,- J r f:::', ":--AT~ ~: f;JL ,~L L I I! I-- --c- ::-. 1-j-1 - J~l :-- j;t I- l' ! I _. 'r' ...1 ~I~(,'~~~~..I -_....11 laI:r- ~L I~~, =b~ ~ ~ ILl _ _ J ~ l f: I ! ~,~ ~~l ~ -~~ ;'!'J-z:: 1"" ~ I ~(~ ~~ I I r- f---Vl I v~~. -~-1-_. r ' ~:- Exhibit B Zoning Exhibit Gate o. .q' O.....n.. 4. Ve.!:. ~ ~ -= _ _ _ -= . . . ..... Building B I! I I I I 12. Ora,n. 4 u.c.... I Ct-o,n Lin" (en.,. ... 1~. 6.~. of 0 60~ Monarch Photographic Corp. 740 E. Pipeline Road Hurst, TX 76053 Pulte Home Corp of Texas 1234 Lakeshore Drive Coppell, TX 75019 Carol Davis 3300 Spring Valley Drive Bedford, TX 76021 Monterra Home Owner's Assoc Attn: Zelda McGriff 1431 Greenway Dr, Ste 700 Irving, TX 75038 Double Rainbow Ltd PO Box 610764 Dallas, TX 76261 Colleyville Chamber of Commerce 6700 Colleyville Blvd Colleyville, TX 76034 Kenneth Green 6620 Colleyville Blvd, #A Colleyville, TX 76034 Colleyville Creme De La Creme 5922 Dtc Blvd, Ste 360 Greenwood Village CO 80111 The Wickham Family Ltd Prtnshp P.O. Box 110278 Carrollton, TX 75011 Richard & Sharon Rucker Attn: Richard Rucker 6705 Colleyville Boulevard Colleyville, TX 76034 Neil & Sherrie Hart 6703 Colleyville Blvd Colleyville, TX 76034 Neil & Sherrie Hart 1600 Glade Road Colleyville, TX 76034 Total Enterprise Inc. PO Box 610764 Dallas, TX 75261 Stephen D. Little, Applicant Corporate Realty Advisors 3000 One Preston Centre 8222 Douglas Avenue Dallas, TX 75225 Comolimentarv Copy to: Ross Downs Estates HOA Dave Dudziak 2301 Wilkes Court Colleyville, TX 76034 ComDlirnentar]! COO]! on 7/9/03 to: Monterra HOA- Terry Dorris, Pres. Rick Finlayson, Vice President 1416 Tennison Parkway Colleyville, TX 76034 Case Z-03-014 (Notices dated: July 3, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy , Y Planning & ;O~ing Assistant ORDINANCE 0-03-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-03-1370; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Total Enterprise Inc. on June 11,2003, under Case No. Z-03-014; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec 3. THAT Section 1, Paragraph D, of Ordinance 0-02-1370, is hereby amended to read as follows: . D. Overnight parking of vehicles shall be allowed outside the building, provided that the vehicles are parked to the rear of Building B, as shown on the attached Exhibit "A". Vehicles such as boats, recreational vehicles and trailers shall not be parked or stored in the outside parking area. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with any zoning regulation contained in the Land Development Code 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. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of Ordinance 0-03-1387 Page 2 of 2 competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 4. THAT 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 15 SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney I~ I I I I ----r-12" Oen.". .J U.L.. I EXHIBIT A - ZONING EXHIBIT I Chair> C.nl< (ence , 0+ 1) f!>lk. .t ' 'Cone: fbyinq 10' Ora.n, J. u.l, '*' . ',-- I I RQfnp: .Of <II 'II -80~~, 'y" : n~ ,'., ",. . Ga~. ro'. fir"~n,-: ,',<\) . . ~ 80~ f~, Building B I I: f I-' . i. (j. . 'VAIe . , 4d~.L'>!l' ~~ meter~ . --------. -t=- . .'"0 ,II' . W ,. '0 ,v. 8O~ Gate 40'2 "I, <\l caeC6 Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: July 14, 2003 Z-03-015 - Public Hearing - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Collevville Boulevard, north of Tarrant Lane STAFF REVIEW COMMENTS -7/14/03 Mr. Craig Hodges is an existing long-term tenant on property owned by Schwob Construction Corporation located at the northeast corner of Colleyville Boulevard and an abandoned road known as Ross Downs Road. Mr. Hodges has obtained permission from the property owner to submit a rezoning request for the 4.268-acre tract of land. The applicant is requesting to rezone the property from AG Agricultural to PUD-C Planned Unit Development Commercial in order to allow the continued operation of certain activities on this property. There are no plans for future development of the property at this time. During the latter part of 2002, the property was under contract for sale and the prospective owner sought rezoning to allow development of a major commercial project. The rezoning request was denied by the City Council. Mr. Hodges leases the property and currently operates an automotive repairfacility, a truck rental operation, and provides rental storage space for recreational vehicles. Mr. Hodges also sub-leases a portion of the property to a local landscaping contracting firm. The property is currently zoned AG Agricultural, which does not allow for these types of uses. However, there are virtually no records available to document when the current uses came into existence, and it appears that the automotive repair facility is "grand-fathered", which will allow the use to continue as a non-conforming use until it is discontinued for a period of six months. The legal zoning status of the additional existing uses cannot be determined with available information and records in the building inspection department. Mr. Hodges is requesting the rezoning to the PUD-C zoning district to provide the proper legal zoning for the uses that have been operating at this location for many years. Staff met with Mr. Hodges to review the attached proposed ordinance to make sure the provisions are satisfactory to his continued use of the property. Mr. Hodges primary concern is the ability to store recreational vehicles along the eastern property line abutting the Ross Downs subdivision, but not within ten feet of the rear property line. The property abuts a single-family residential area to the east, and industrial property on the other sides. The property is landlocked and does not have direct access to a public street. The attached proposed ordinance only provides for allowing the existing land uses and buildings to remain in operation. Any new buildings or new land uses that are proposed in the future will require an amendment to the Planned Unit Development ordinance and require that the property be platted. The property is not currently platted. When the Agenda Item No. 3 - Page 1 property is eventually platted in the future, there will be opportunities for addressing some of the major issues listed below. The following is an analysis of the major issues associated with this rezoning request. Land Uses. The applicant proposes that the existing land uses be allowed, which are described as follows: (1) Automotive repair and service facility (2) Truck rental (3) One single family residential unit (4) Landscaping contractor with outside storage (5) Outside storage of recreational vehicles, provided such storage is located at least ten (10) feet from any residential property line. (6) Uses in the CC1 and ML zoning districts be allowed by right. Any use requiring a Special Use Permit in either district would still require the Special Use Permit. Access. The property is accessed from Ross Downs Road, which was abandoned by the Commissioners Court in 1936. Access to the property will be one of the most significant issues related to the future development of this property, as this property does not have frontage on a public right-of-way. Road/Access Improvements. Some improvements to the abandoned roadway may be required upon the future development of the property, which may involve provisions for a fire lane or construction of a public street. IMPACT ISSUES 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future retail and commercial area. 2. Surrounding Properties. The properties to the north and west are developed as commercial uses and are zoned ML Light Manufacturing. Property to the south is also zoned ML Light Manufacturing, and one lot is developed as a self-storage facility. Property to the east is zoned PUD-R and is developed as single-family residences (Ross Downs Estates). 3. Development Trends. The area is experiencing some new development northwest of this site along Colleyville Boulevard. A new dentist office, photo studio and interior design studio have recently opened at the corner of Tennison Parkway and Colleyville Boulevard. It is possible that the area could experience redevelopment in the future when improvements to Colleyville Boulevard are complete. 4. Infrastructure. The developer will be responsible for the extension of water and sanitary sewer services to accommodate any future development of the site. Agenda Item No. 3 - Page 2 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $254,130. The estimated annual City property tax revenue generated by this property is $883. 6. Sales Taxes. Automobile parts that are placed on vehicles being repaired do generate a small amount of sales tax revenue. 7. Traffic Generation. No additional traffic will be generated by the approval of the rezoning request, since no additional land uses are authorized other than the existing land uses currently located on the property. 8. Public Notification. Staff mailed notices to 33 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: July 14, 2003 City Council: August 6, 2003 and August 19, 2003 RECOMMENDATION: Approval ATTACHMENTS: · Location Map · Information from Applicant · DRC Review Memorandum · List of Property Owners Notified · Draft Ordinance P,.""rndby b ~ Agenda Item No. 3 - Page 3 · 11 f""IL".,VII,IE m / I / .; /, 1.~1l\ ~.~ uu---m}~o:~~..,,:.:. /, u 5:.- ,11, ~". r--," :' .,::. ...:. A~"~k ~oR'1't1 .. pp.R~tP.~ _ EN'lISON PKWY ....St~\ "~. IB i 1 1__ ......... !.It(, 3..3B · :' - · ! 3 · 3.. 4 '{ all IIJ"Y , 17 "," Q:W 12 , ,. ,~, I " I " I '" I · :" "::S;:1 ~,,~~ ~ ;1I~<-"" " " ~ .1I~ YfJ~\~-- l~ '.A , I. ~" 1: ---tx.:""[.~'~:' ~- m/_ - m. _m ~./.,,, ~J<~n · '[)E," t-r;'~~ :=:;' '\ T. 20 ~l 1./ TR X2 r--- 11 3,B2 AC ,. j .dl or 7 I 0 ~ ... " " "'~ Je r---- Ie - J' 'JC A ?J To XI 5 - : T. >H P'SU\!q63 o!l""~ \ \ .m. __~ I 2.0. At P' 1 ~.;,:: .,.7 ~ 5 12 ..~~.. At ; Y.2J / QOI~ ~:.. 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Thanks, Bill -----Original Message----- From: William Lindley Sent: Tuesday, July 08, 2003 4:26 PM To: Joe Hocutt; Mark Skinner; Elaine Dolan; Rich Hendler; Jon Ayers; Ginny Tigue Subject: RE: CASE NO. Z-03-015, REQUEST FOR ZONING CHANGE FROM AG TO PUD-C I appreciate the thought and concern expressed by Mr. Hodges in requesting your attendance at the P&Z meeting scheduled for July 14. If you attend, please be attentive to the Open Meetings Act requirements since this is not an item posted as a City Council meeting. Thanks, Bill -----Original Message----- From: Jhodges1210@aol.com [mailto:Jhodges1210@aol.com] Sent: Tuesday, July 08, 2003 4:03 PM To: Joe Hocutt; Mark Skinner; Elaine Dolan; Rich Hendler; Jon Ayers; Ginny Tigue Cc: William Lindley Subject: CASE NO. Z-03-015, REQUEST FOR ZONING CHANGE FROM AG TO PUD-C Dear Mayor Hocutt & Council Members, This is to acquaint you with the above Case No., a petition for a Zoning Change from AG to PUD-C on 4.307 acres located at 6521 Colleyville Blvd. The primary purpose is to bring the uses of the property into compliance with the Land Development Code. We have been operating a U-Haul Rental for probably 70r more years, along with our Auto Repair Shop, which has been operating since 1-1-86 at this location. We did not know that operating aU-Haul Rental was in violation of the Land Development Code until we were issued a warning back in Dec. 2002. We would like to be able to continue our U-Haul Rental. We would also like to use the property directly southwest of the Auto Repair Shop for paid storage for licensed boats, autos, pickups, & RV's. These would not be parked close to the fence that divides the property from the Ross Downs Subdivision. We would consider planting some bushes along the south fence to help obscure our business from the Ross Downs Homeowners and make it more attractive. This storage area would not have any junk cars or trash. All of you except Mr. Skinner, Mr. Ayers, and Mrs. Dolan know the history of this property. We have operated this business since 1986 and employ 3 other mechanics besides myself. We are one of the few State Inspection Stations in the area. We had this business long before there were any houses built in the area. The people that bought houses knew that there was an Auto Repair Shop there when they bought it. We do not disrupt their quality of life in any way. The property was cleaned up and met all of the City's requirements. There was never any complaints until Dec. of 2002. Those of you who have not inspected our property are invited to do so before the meeting on Mon. July 14th. Since we filed this request for a Zoning Change, we have experienced one person who jumped the fence between our property and the Ross Downs Subdivision and was looking around our property. Another person had what looked like a camcorder, mounted on a tall pole, covered with a bag or cloth. They were holding it up over the fence 7/9/2003 Page 2 of2 and appeared to be recording toward our business. We have already had one homeowner cut down 4 or 5 good- sized trees on our property without permission. Another homeowner called in and said that we were making too much noise on the property. The only noise at the time was a riding lawn mower that was mowing the grass on the property. It was early in the evening and not when anyone would have been trying to sleep. It is very annoying to have people act this way. Everyone wants businesses in Colleyville and we are an established business. But they don't want the business next to them. However we were there first. We invite you all to attend the Planning & Zoning Commission Meeting on Mon., July 14th at 7:00 PM. If you have any questions, please email us or call any of the following numbers. Jan Hodges 817-656-1589 email address:jhodges1210@aol.com Jan & Craig Hodges 805 Beverly Drive Colleyville, TX 76034 7/9/2003 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 24, 2003 FAX TO FAX NO FROM Craig Hodges ~ John Schwob 817-488-1186 ~ 970-259-6510 Clayton Husband, AICP, Community Development Manager SUBJECT Z-03-015 AG to PUD-C - 6521 Colleyville Boulevard The CoUeyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. The primary purpose of this zoning change request is to bring the uses of the property into compliance with the Land Development Code. 2. If the existing buildings are expanded by more than 25% of the existing floor area, or if new buildings constructed in the future, other requirements of the Land Development Code will apply at that time. These requirements include landscaping, screening, building design, fire lanes, and utility requirements. ZONING EXHIBIT DRAWING 1. No changes are required to the drawings. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $921 per 1,000 square feet gross floor area for ALTOMOBILE CARE CENTER uses. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER P.O. Box 185-Colleyville, Texas 76034-817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-03-015 HODGES AUTOMOTIVE 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property since the property does not have frontage on an existing public street or right-of-way. Right-of-way dedication may be required if the property is platted in the future. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of a subdivision plat. The fee for non-residential uses is $800 per acre. This fee is not due at this time. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 5-feet wide. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 14, 2003, 7:00 p.m. Wednesday, August 6 and Tuesday, August 19, 2003, 7:30 p.m. RESUBMITT AL REQUIREMENTS None. Please contact me at husbandc@ci.collevville.tx.us or 817-577-7587 if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE20F2 Home Vision & Sound US Ltd Co 2508 Morning Glory Drive Richardson, TX 75082 Efren & Maria Pabon 6602 Baker Court Colleyville, TX 76034 Kenneth & Judy McEntire 6608 Baker Court Colleyville, TX 76034 Greg & Karol Flowers 6614 McMakin Court Colleyville, TX 76034 Donald & Susan Cook 6620 McMakin Court Colleyville, TX 76034 Neil & Sherrie Hart 6703 Colleyville Blvd Colleyville, TX 76034 C W Davidson PO Box 424 Burleson, TX 76097 Arroyo Norte Ltd 6600 Colleyville Blvd Colleyville, TX 76034 Sun Valley Properties 5301 Sun Valley Drive Fort Worth, TX 76119 Antionetta Mooney 404 Oak Valley Drive Colleyville, TX 76034 Mary & Michael Moan P.O. Box 801 Colleyville, TX 76034 Michael & Gayle Biggers 2004 Tarrant Lane Colleyville, TX 76034 G S & Deann Preston 6604 Baker Court Colleyville, TX 76034 Patrick & Ramona O'Hanlon 6606 Baker Court Colleyville, TX 76034 David & Clara Green 6610 Baker Court Colleyville, TX 76034 Donald & Sally Pryor 6612 McMakin Court Colleyville, TX 76034 J as W & Angela Graham, III 6616 McMakin Court Colleyville, TX 76034 Gary & Becky Anderson 6618 McMakin Court Colleyville, TX 76034 W Clyde & Lavonne Sheker 6700 Kennedy Drive Colleyville, TX 76034 Richard & Sharon Rucker Attn: Richard Rucker 6705 Colleyville Boulevard Colleyville, TX 76034 J ames Eklund 3005 Columbine Drive Grapevine, TX 76051 The Wickham Family Ltd Prtnshp P.O. Box 110278 Carrollton, TX 75011 James & Marilyn Helzer 8110 Russell Curry Road Arlington, TX 76001 America's Storage 2911 Turtle Creek Blvd, Ste 700 Dallas, TX 75219 Kenneth Green 6620 Colleyville Blvd, #A Colleyville, TX 76034 Neil & Sherrie Hart 1600 Glade Road Colleyville, TX 76034 Harold & Kathy Wilson 211 Meadowlark Lane Duncanville, TX 75137 Conbined Enterprises Inc. 6607 Colleyville Blvd Colleyville, TX 76034 Schwob & Sage Bldg Corp. 2349 Glenda Lane Dallas, TX 75229 Tres Rosas Ltd 6516 Colleyville Blvd Colleyville, TX 76034 J ames Bowden 6516 Colleyville Blvd Colleyville, TX 76034 Craig Hodges, Applicant 805 Beverly Drive . Colleyville, TX 76034 ComDlimentarv CODV to: Ross Dowms Estates BOA Dave Dudziak 2301 Wilkes Court Colleyville, TX 76034 Case Z-03-015 (Notices dated: July 3,2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed aboye. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ,t Planning & Zoning Assistant ORDINANCE 0-03-XXXX AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 4.3 ACRE TRACT OF LAND OUT OF THE A. J. LOTT SURVEY, ABSTRACT 963, FROM THE A-AGRICULTURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Mr. Craig Hodges on June 12,2003, under Case No. Z-03-015; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests 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 Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrie:tions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for automotive related uses as specifically allowed in this ordinance. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-xxxx Page 2 of 6 2. PERMITTED USES The following land uses shall be permitted within this Planned Unit Development. (1) Automotive repair (2) Truck rental (3) One single family residential unit (4) Landscaping contractor with outside storage (5) Outside storage of recreational vehicles, provided such storage is located at least ten (10) feet from any residential property line. 3. SITE PLANS AND PLATTING a. The site plan attached as Exhibit "C" shows the locations of all existing buildings, accessory buildings and land uses authorized by this ordinance. b. No development permits for any additional structures within this PUD-C shall be approved until an amendment to this ordinance has been approved by the City Council in accordance with the procedures and requirements of the Colleyville Land Development Code. c. Prior to the issuance of any development permits for any additional structures within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code and comply with the fire lane requirements of the Colleyville Fire Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and building setbacks shall be the following minimum standards: a. Minimum Lot Size: None. b. Front Buildinq Line: Forty (40) feet. c. Side Buildinq Line: None adjacent to non-residential property. Seventy (70') feet adjacent to residential property line. d. Rear Buildinq Line: None adjacent to non-residential property. Forty (40') feet adjacent to residential property line. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance Q-03-xxxx Page 3 of 6 e. Maximum BuildinQ Heiqht: Thirty-five (35) feet. Twenty-two (22') feet for any building located within 150' of a residential property line. 5. OTHER a. Hours of operation: Daytime only. b. The regulations for the CC-2 District shall be applicable to this PUD-C, except where modified by the provisions of this ordinance. c. The location and width of all fire lanes shall be approved by the Fire Marshal. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined 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. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT 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. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-03-xxxx Page 4 of 6 CITY OF COLLEYVILLE: Joe Hocutt Mayor EXHIBIT A - ZONING MAP ~ ML I CC-2 /J' AG ~~ ~~ ~- j'l <- ItlI11-J -:5; ()'99-1164~ ~ a r r I ;}fJIP<W'/ -, ~ ~/ 0 III -II ~l r-_ '/ >;\11 (" srr~~~~: ~-"~ -- ~= /" AIIJ / 'a'\\ \ ~ -- ~ / I ) T'- ~_ == .,. '" bL'~ lbi;~ -~I~~T := PUP:-C~'71 '..J""''''''I'- I I I \~ I J:{ ~r\~ j. G 0-00.1211 ~ .~~,,~ / ~ ( h;;l. I I ()..Q2.1327 _ _ "f- . . =- ~ 11"4 r /- i -- ... -- = fl---1--L Il"L I I - ~r_. I ,,~ ~ .~ /Q..9S.101211 1. L - ru... ". ~~2) .- --.r. I - ~ ~~ ~~ 1f~ F ,U; I f-- ~~ I ~r__' - - ~~ Bl:~ 1 ~ sea f--C -L - I I Ht4; V - -, I \ I -"Z1 ), - -.11 - EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land out of the A.J. Lott Survey, Abstract No. 963, Tarrant County, Texas, and being the same tract of land as described in deed recorded in Volume 10003, Page 114, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 'Y:1-inch iron pin found in the south line of Ross Downs Road for the northwest corner of tract being described, said point being the northwest corner of Lot 2, Block 1, C-D Subdivision, an Addition to the City of Colleyville, Tarrant County, Texas, and by deed being the northwest corner of a tract of land as described in deed recorded in Volume 5990, Page 188, Deed Records, Tarrant County, Texas; THENCE North 52 degrees 49 minutes 31 seconds East 784.49 feet (deed call North 52 degrees 14 minutes 20 seconds East 781.92 feet) along the easterly line of said Ross Downs Road to a capped iron pin set for the most northerly northwest corner of tract being described; THENCE South 89 degrees 34 minutes 33 seconds East 69.44 feet (deed call 76.28 feet) and continuing along the south line of said Ross Downs Road to a 'Y:1- inch iron pin found in the west line of Block 12, Ross Downs Estates II, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 799, Plat Records, Tarrant County, Texas, for the northeast corner of tract being described; THENCE South 01 degrees 32 minutes 00 seconds 478.92 feet (deed call 479.00 feet) along the west line of said Ross Downs Estates II to a'Y:1 inch iron pin found for the southeast corner of tract being described, said point being the northeast corner of Lot 1 R, Block 2, Ponce Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1642, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 34 minutes 32 seconds West 707.35 feet (deed call West 707.26 feet) along the north line of said Block 2, Ponce Addition and the north line of said Lot 2, Block 1, C-D Subdivision to the POINT OF BEGINNING and containing 4.268 acres of land, more or less. ~, ~" EXHIBIT C - SITE PLAN /' ~ ,. " ~ ", , ", YOL ".33, PC. ~O O.R.T.C.T. I"~"~"~"~ PC 1lO< T JRVBY ). 968 Single family residential .. 100UJ. pc. 114 D.R,T.C I I i WWft rbo(.( 4268 ACRES r-- NB9.3432 707.35 (0([0 c..u WEST 707.20) I:''' OM(, .. W( ,~ ~.. ) j ~ ~,,~ ~ .- ",-..", rvWI ' rvlC (1"I'P) QQ'ibib ~,~~ ........(.t,~)1Il.110 Port. bldg. ("""'j Recreational Vehicle Storage Area ;" ~ ( ! S · ~ 1 N '" cD ..... .... loJ (;, o '" r> o Vl -- ~ " s ~ ccece Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: July 14, 2003 Z-03-016 - Public Hearing - Amendment to the Land Develo ment Code re STAFF REVIEW COMMENTS Over the past several years, it has become extremely difficult to find interested citizens to apply for appointment to the Sign Board of Appeals. Recently, staff attempted to schedule a meeting of the Sign Board of Appeals to consider an application for a variance from the sign regulations. One of the two remaining members on this board advised staff of his resignation from the Board, leaving only one member. With the resignation, the Board has essentially become dissolved and it is necessary to consider an alternative solution for handling sign regulation variance requests. The City Council has been reviewing a complete revision to the sign regulations and during a recent staff presentation to the City Council regarding the proposed new sign regulations, staff recommended that the members of the Zoning Board of Adjustment also serve in the additional capacity of the Sign Board of Appeals. Since the Zoning Board of Adjustment has experience in dealing with variances and hardship situations combined with their more frequent meeting schedule, the assignment of an additional function seems to be a logical solution. Attached is a copy of Section 1.15 of the Land Development Code showing the proposed changes to proceed with implementing the re-organization of the Sign Board of Appeals. One of the concerns that elected bodies around the country typically have with Zoning Boards of Adjustment is the statutory authority, which requires an appeal of their decision to be considered by a state district court instead of by a City Council. However, the proposed ordinance retains the independent status of the Sign Board of Appeals, but its composition will have the same membership as the Zoning Board of Adjustment. In actual practice, each body will have its own agenda, separate set of minutes and independent actions. It is similarto the Planning and Zoning Commission convening periodically as the Capital Improvements Advisory Committee. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: July 14, 2003 City Council: August 19 and September 2,2003 Prepared by: ~ RECOMMENDATION Approval Agenda Item No. 4 - Page 1 Attachment ,'Section 1.15 ~\I< . dA I -SignBoardof , \:, ~p@als 11i.A C~i1t'UR uf fi'gR Bu."'" uf JI ppu/s A. Creation of SiQn Board of Appeals - There is hereby created a Sign Board of Appeals consisting of five (5) members and two (2) alternate members, ~e\'eR mem8ers. Mem8eFs Elf t!;;!e SiQR iElam Elf I\~~eals s!;;!all each to be appointed by the City Council for a two year term, or until a successor is appointed, and sRaU may be fsmsva81e removed without cause by the Council. A mem8sr ss a~~siRteEf s!;;!all !;;!slEf Elffi€le fsr a term sf tws years ~))(€lB~t iA tl=18 ease sf a~~EliAtmeAts tel fill vaeaAei8s fer ~A 8H~ifsEf tsrms. ~ Three members of the Board and one (1) alternate member shall be selected 6R in even numbered years and tRfge two members and one (1) alternate member in 6R odd numbered years. In the event of a vacancy, the Council shall appoint a member to serve for the un-expired term. Alternate Board members shall serve in the absence of reQular members. The SiQn Board of Appeals shall consist of the same members as the ZoninQ Board of A diustmen t. ~.4sm~Grs shall sSP:€1 ~fltil May 21 sf tl=1s year €If tl=1sir terms' sH~iratisR sr ~Rtil a Sl4€l€lossor is a~~sifltm?l aAEf his S!:I€l€lSSS8r sRallssrYs ~Rtil May 21, tws ysars tRefsaftelr or !:Intil their Sl:l€l€lOSS8rS afe a~~EliAteEf. ThB Qem:Ef s!;;!all ~e 8Elm~ElSB€I €If msm~Bfs €If varyiAQ 8aeltQrs~A€ls aA€l sl=1s!:Il€l iAel~EfB f8~f8s8Atatives fFElm tl=1s 8!:1siReSS esmm~Aity, ele€ltrieiaRs, SiQA €l€lm~aAY re~rss8Atatives, Br€l!;;!ite€lts, eRQiA8efs, real 8state al3l3raisGrs, l=1iQI=1'.vay €Is~artmsAt sm1318Y88S aA€l tRS QSAsral €litizSAr)'. 115.S J14,-.'sfiffet'sR sf Sign BssHi sf Appu's B. Authoritv of the SiQn Board of Appeals - The Sign Board of Appeals shall have the authority to hear and decide on €l€lAsiEfsr requests for a '/:aiv8r €lr a variance 6FtG hear aA a~~eal Elf aA a€lmiAistrativB €l8€lisiElA ElA a rs~~latiElA from the reauirements contained in Chapter 7 - Sign Regulations of this Land Development Code. The SiQn Board of Appeals shall also have the authority to hear and decide an appeal of an administrative decision on a reaulation contained in Chapter 7 - Sian ReQulations of this Land Development Code. The authority established under this paraQraph shall be applicable to a definition contained in Chapter 2 - Definitions of this Land Development Code reauired for the administration and enforcement of the provisions of Chapter 7 - SiQn ReQulations. e8Asi€ler aA€l re€lSmmsAEf tel tl=1s CEl~A€lil tl=18 ~raAtiA~ sf \'ariaA€l8S frem tRe ~r€lvisiElAS sf tl=18 siQA €l8€l€l wl=1srs it al3~ears tl=1at tl=1s J3rElvisisAS \\'El!:ll€l wsrlt a maAifsst iAj!:lsti€ls. IA maltiA~ S!:I€lR EfetermiAatisAs, tR8 isarEf sl=1all €lElAsi€lsr s~eh f.a€lt8fS as tl=1s t)'~o €If si~A, tl=1o loeati8A, tl=1s s}{istsA€ls Elf si~As iA tR8 ~sAsral arsa, aA€l S~€lR Eltl=1er fa€ltElrs as tR8Y €188m ~ertiA8At, l=1aviA~ €l~8 r8~aF€l fsr tl=1e ~~r~8se aA€l iAteAt sf tl=18 SiQA Cs€le t€l ~mvi€l8 ~~8Ii€l safsty, a€ls~~at8 liQl=1tiAQ, S~SA s~aes aR€l air, t8 eSRSSFVe laR€l, ~reteet I3m~srty val~ss afl€l SReEl~FaQe tl=1s l=1iQl=1sst aREf 8sSt ~ss sf ~rs~srty. 115C P~-su8fifl...S sf Burfi Agenda Item No. 5 - Page 2 C. Quorum and Oraanization - At the first meetina after appointments have been made by the City Council. ~1he Board shall elect a Chairman and a Vice-Chairman, who shall preside in the chairman's absence. Tt;;,e C@mmHFlity D9vElI@~mElFlt DElf3aFl:memt sf tt;;,s City sRall f3revi€ls staff slsIf3f3eFl: te tRs Qeaf€J. TRg miFllslt9S gf tAG msstiFl~s SR811 BS rS€i€H~Gs€l, sRe'.\'iR~ tRS vets sf SGl€iR msmBsr lsIf3eR tt;;,s ~lsIsstieR, Gm€l st;;,GlII BS ma€ls u mGlttsr sf f3ls1Bli€i rS€ier€l. Four members of the Sign Board of Appeals shall constitute a quorum. In the event of the absence of the Chairman and Vice- Chairman, the four members constituting the quorum shall elect for that meeting a member to preside as Acting Chairman and to assume all duties of the Chairman. +Ae B8RBlsIffiRl!) '/StS sf fSlslr memBsrs sf tRe Qsam SRGlII BS RS€iSSsary ts fsm:lsr a €lsBisieFl SR aRY mattsr Bsfer's tt;;,s Qear€l. Tt;;,s Sil!)R Qsar€l €If .'\f3f3e81& st;;,GlII meet meFltRly wo'/i€l9€l tR9r9 AuS 139<311 ul1 u~~eal sr rS~lsIe&t fsr varii3Fl€is file€l'.vitR th9 BlsIil€lin€J offi€iial fSlslrtssn €lays ~ri€lr to tR€l meetiFl€J €lats. 1 15./J V~.,,:liRe8 D. Meetinas. Hearinas and Rules of Procedures - The Board shall adopt rules of procedure for the conduct of its meetinas. Meetinas shall be held at the call of the Chairman or at such times as the Board may determine. All meetinas and hearinas shall be open to the public and shall be conducted in accordance with the procedure set forth in these reaulations and the rules of procedure adopted by the Sian Board of Appeals. Such rules of procedure may be amended by the Sian Board of Appeals membership. The minutes of the meetinas shall be recorded. showina the vote of each member upon the auestion. and shall be made a matter of public record. The concurrina vote of four members of the Board shall be necessary to render a decision on any matter before the Board. The Sian Board of Appeals shall meet monthly. provided there has been an appeal or reauest for variance filed with the Buildina Official on or before the last date to receive applications prior to the scheduled meetina date. The Buildina Official shall publish a calendar establishina such final application dates. E. Variance - A person may request a variance from a reauirement contained in Chapter 7 - Sian Reaulations tRS sil!)n rSl!)lsIlatisns by filing said request with the building official. Aft!; A request for a variance shall be accompanied by a non- refundable filing fee. The filing fee wiU shall be established by separate ordinance bv the City Council. A request for variance shall be referred for consideration to the Sign Board of Appeals. I n considering a request for a varianceL ts tRS wsvisim7ls sf tt;;,s Si~n GOOe the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City. 1.15.E Re/iGFt's CSIJRS.'.' ami .~/iprsl'a.' sf RepsFt Ths ~i~A B€lur€l sf .^.~~€lals will slsIBmit a fe~sFl: V:itR tRB ~FaFltiA~ sf aRY varian€is te tRS Sil!)A C€l€l8 to tR8 City CObJl1eil at its R8){t fS~lsIlarly SSnV€lA€l€l m€l8tin~. TRs vGlriGlAS8 SRGlII B8 €l8€lms€l ~rGlRt8€llslf3SR rGltifisati€lR sf tR8 €l8€iisi€lR sf tRS Si~R QSGlr€l sf f.~f3sals BY tRs City CSlsIFl€lil. Agenda Item No. 5 - Page 3 F. Fees - No action shall be taken on any application submitted to the Sian Board of Appeals until all applicable fees have been paid in full. No refund of any application fee shall be made after the reQuest has been advertised and scheduled for consideration bv the Board. G. Public Hearina and Written Notification - No action to approve or deny any application shall be taken until the Board has held a public hearina and received comment. and on Iv after written notice of the public hearina of the date. time and place where the variance reQuest is to be considered has been sent to the owners of real property Ivina within two hundred (200) feet of the property where the application is beina considered. Such notice shall be aiven to each property owner as listed on the last approved tax roll not less than fifteen (15) days before the date set for hearina bv depositinQ letters proper Iv addressed and postaae paid in the United States Post Office. H. Appeal to City Council- The decision bv the Sian Board of Appeals shall be final. unless the applicant submits a written notice of appeal within ten (10) days from the date of the action bv the Board. The enforcement official shall re-notify all property owners Ivina within two hundred (200) feet of the area beina considered and place the applicant's appeal reQuest on the next available aaenda for consideration bv the City Council. Agenda Item No. 5 - Page 4 ORDINANCE 0-03-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 1 - GENERAL PROVISIONS, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING THE SIGN BOARD OF APPEALS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 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, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT Chapter 1, Section 1.15-Waivers and Appeals - Sign Board of Appeals, of the Land Development Code, as amended, is hereby amended to read as follows: Section 1.15 Variances and Appeals - Sign Board of Appeals A. Creation of Sian Board of Appeals - There is hereby created a Sign Board of Appeals consisting of five (5) members and two (2) alternate members, each to be appointed by the Council for a two year term, or until a successor is appointed, and may be removed without cause by the Council. Three members of the Board and one (1) alternate member shall be selected in even numbered years and two members and one (1) alternate member in odd numbered years. In the event of a vacancy, the Council shall appoint a member to serve for the un-expired term. Alternate Board members shall serve in the absence of regular members. The Sign Board of Appeals shail consist of the same members as the Zoning Board of Adjustment. Ordinance 0-03-1399 Page 2 of 4 B. Authority of the Siqn Board of Appeals - The Sign Board of Appeals shall have the authority to hear and decide on requests for a variance from the requirements contained in Chapter 7 - Sign Regulations of this Land Development Code. The Sign Board of Appeals shall also have the authority to hear and decide an appeal of an administrative decision on a regulation contained in Chapter 7 - Sign Regulations of this Land Development Code. The authority established under this paragraph shall be applicable to a definition contained in Chapter 2 - Definitions of this Land Development Code required for the administration and enforcement of the provisions of Chapter 7 - Sign Regulations. C. Quorum and OrQanization - At the first meeting after appointments have been made by the City Council, the Board shall elect a Chairman and a Vice-Chairman, who shall preside in the chairman's absence. Four members of the Sign Board of Appeals shall constitute a quorum. In the event of the absence of the Chairman and Vice-Chairman, the four members constituting the quorum shall elect for that meeting a member to preside as Acting Chairman and to assume all duties of the Chairman. D. Meetinqs, Hearinqs and Rules of Procedures - The Board shall adopt rules of procedure for the conduct of its meetings. Meetings shall be held at the call of the Chairman or at such times as the Board may determine. All meetings and hearings shall be open to the public and shall be conducted in accordance with the procedure set forth in these regulations and the rules of procedure adopted by the Sign Board of Appeals. Such rules of procedure may be amended by the Sign Board of Appeals membership. The minutes of the meetings shall be recorded, showing the vote of each member upon the question, and shall be made a matter of public record. The concurring vote of four members of the Board shall be necessary to render a decision on any matter before the Board. The Sign Board of Appeals shall meet monthly, provided there has been an appeal or request for variance filed with the Building Official on or before the last date to receive applications prior to the scheduled meeting date. The Building Official shall publish a calendar establishing such final application dates. E. Variance - A person may request a variance from a requirement contained in Chapter 7 - Sign Regulations by filing said request with the building official. A request for a variance shall be accompanied by a non-refundable filing fee. The filing fee shall be established by separate ordinance by the City Council. A request for variance shall be referred for consideration to the Sign Sec 2. Sec 3. Ordinance 0-03-1399 Page 3 of 4 Board of Appeals. In considering a request for a variance, the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City. F. Fees - No action shall be taken on any application submitted to the Sign Board of Appeals until all applicable fees have been paid in full. No refund of any application fee shall be made after the request has been advertised and scheduled for consideration by the Board. G. Public Hearinq and Written Notification - No action to approve or deny any application shall be taken until the Board has held a public hearing and received comment, and only after written notice of the public hearing of the date, time and place where the variance request is to be considered has been sent to the owners of real property lying within two hundred (200) feet of the property where the application is being considered. Such notice shall be given to each property owner as listed on the last approved tax roll not less than fifteen (15) days before the date set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. H. Appeal to City Council - The decision by the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next available agenda for consideration by the City Council. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections Ordinance 0-03-1399 Page 4 of 4 of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec4. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined 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 5. THAT 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 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney