HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/14/2003
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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
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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)
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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.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: July 14, 2003
City Council: August 6 and August 19, 2003
RECOMMENDATION
Approval
ATTACHMENTS:
· Location Map
· Area Zoning Map
· List of Property Owners Notified
· Draft ordinance
Prepared by:
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Agenda Item No. 1 - Page 2
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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.
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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
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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
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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
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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
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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
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Location Map & Area of Notification
Case Z-03-015 - Zoning Change from AG to PUD-C
7 I ~
~~
551~ \ 5:
Page 10f2
Barry LeBaron
From: William Lindley
Sent: Wednesday, July 09,20031:27 PM
To: Barry LeBaron
Subject: FW: CASE NO. Z-03-015, REQUEST FOR ZONING CHANGE FROM AG TO PUD-C
Barry ,
I forgot to send this to you yesterday as an FYI.
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
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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.
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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