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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/12/2015 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 12, 2015 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Tornes PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES December 8, 2014 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a replat on Lots 1 and 2, Block 2, of the Sunrise Terrace Addition located at 1105 Glade Road, PC14-027 3b Consideration of a zoning change from PUD-C-Planned Unit City of Colleyville Page 1 Planning and Zoning Commission Agenda January 12, 2015 Development Commercial zoning district to the PUD-R-Planned Unit Development Residential zoning district on 1.82 acres on Lot 1, Block 1 of the San Bar Square Addition located at 105 Cheek-Sparger Road, Case ZC14-026 3c Consideration for a Special Use Permit for a telecommunications tower on Lot 5R-1, Block 1, of the Andy Felps Addition, located at 4003 Colleyville Blvd, Case ZC14-027 3d Consideration for a Special Use Permit for a Second Hand Goods Shop on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117 Colleyville Blvd, Suite A, Case ZC14-028 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards January 9, 2015 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 2 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 01/12/2015 Number Type Approval of Minutes Department Community Development Title December 8, 2014 Explanation Recommendation Attachments 1.Planning and Zoning Commission Meeting Minutes - December 8, 2014 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, December 8, 2014 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 8, 2015 at 7:05 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Ron Ruthven, Taci Wrisley, Rob McKeown, Marty Wieder, Adam Marsh, Brian Riley, and Matt Butler (City Attorney) 1. SWEARING IN OF NEWLY APPOINTED MEMBER Taci Wrisley swore in Jim Gotcher to Place 1. 2. APPROVAL OF MINUTES Commissioner Knox made a motion to approve the minutes as corrected. Commissioner Davis seconded. The motion to approve the minutes as corrected carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 4. REGULAR AGENDA ITEMS 4a Approval of a replat on Lot 2, Block 1 of the K. I. S. D. Addition, located at 8170 Precinct Line Road, Case PC14-026 Ron Ruthven presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding whether there was cross access between the subject property to the north and if City of Colleyville Page 1 Planning and Zoning Commission Minutes December 8, 2014 not does this create a potential fire safety issue. Ron Ruthven replied there currently is not a cross access easement to the property to the north. He further explained provided all of the fire code requirements were met on the subject property, the lack of a cross access easement would not be an issue. Mike Stansberry, the applicant, came forward and briefed the Commission. Commissioner Davis questioned Mr. Stansberry regarding whether there would be a single restaurant for this proposed location or would it be a dual restaurant. Mr. Stansberry replied it would be a single restaurant. Discussion continued regarding the potential business. Commissioner Phelps questioned Mr. Stansberry regarding whether their proposed site plan provided for a cross access easement. Mr. Stansberry replied yes. Commissioner Davis questioned Mr. Stansberry regarding what various size stores they currently have. Mr. Stansberry replied they have three different model sizes. Commissioner Tornes questioned Mr. Stansberry regarding whether the traffic flow would go around the building and then around the front to exit. Mr. Stansberry replied yes. Commissioner Tornes questioned Mr. Stansberry regarding the location of the sidewalk. Mr. Stansberry replied the sidewalk would run parallel to Precinct Line Road and to the cross access easement. Commissioner Phelps questioned staff regarding the sidewalk requirement for this property. Ron Ruthven replied there would be a ten foot (10’) trail required for this property that would be placed in the right-of-way. Discussion continued regarding the required trail. Commissioner Davis questioned staff regarding why there is a minimum requirement for lot width for commercial. Ron Ruthven he believed it was to ensure adequate access. City of Colleyville Page 2 Planning and Zoning Commission Minutes December 8, 2014 Discussion continued regarding commercial lot sizes. Commissioner Davis questioned staff regarding whether he anticipated any internal circulation issues with the proposed development. Ron Ruthven replied no. Commissioner Gotcher questioned Mr. Stansberry regarding why the decision was made to go with the reduced lot width. Mr. Stansberry replied they had no use for the additional 30 feet of width. Commissioner Davis questioned Mr. Stansberry regarding whether they had restaurants smaller than the proposed and were there traffic flow problems with any of them. Commissioner Tornes questioned Mr. Stansberry regarding if traffic problems did occur on the site, could they contact the Texas Department of Transportation (TxDOT) to modify their entrance and exit. Mr. Stansberry replied they would need to apply with TxDOT to have that modification made. Commissioner Knox questioned Mr. Stansberry regarding the width of the parking lot. Mr. Stansberry replied the parking spaces were 18 feet in length and 32 feet between the two (2) rows of parking spaces. Commissioner Phelps made a motion to approve Case PC14-026. Commissioner Davis seconded. The motion to approve Case PC14-026 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4b Approval of a final plat on Lot 1, Block 1, of the Lavaca Trail Addition, Lot 1, Block 1, of the Miller Addition, Lot 1, Block 1, of the Lancaster Hill Addition, Lot A, of the Giacomini Addition, and Tract A and Tract B, of the McEwing Subdivision, located at 711, 715, 805, 809, 813, and 901 Lavaca Trail, Case PC14-025 Ron Ruthven presented the case and briefed the Commission. Kosse Maykus, the developer, came forward and briefed the Commission. City of Colleyville Page 3 Planning and Zoning Commission Minutes December 8, 2014 Commissioner Tornes questioned Mr. Maykus regarding whether they planned to connect the trails to the Remington Park Addition trails. Mr. Maykus replied yes. Commissioner Tornes made a motion to approve Case PC14-025. Commission Wheelwright seconded the motion. The motion to approve Case PC14-025 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 7:33 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on January 12, 2015 by a vote of ________. City of Colleyville Page 4 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 01/12/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a replat on Lots 1 and 2, Block 2, of the Sunrise Terrace Addition located at 1105 Glade Road, PC14-027 Explanation Matt Moore proposes to replat two lots on 1.36 acres located at 1105 Glade Road in order to revise the lot configurations. Existing Conditions. The property is currently platted as the Sunrise Terrace Addition, Block 1, Lots 1 and 2 and is currently vacant. The property was rezoned from the R-20-Single Family Residential district to the PUD-C-Planned Unit Commercial zoning district on October 21, 2014 under Ordinance O-14-1927 (attached). Zoning. Ordinance O-14-1927 authorizes the construction of two office buildings on the property with all permitted uses in the CPO-Professional Office Commercial District authorized on the subject property. Lot Dimensions and Setbacks. The PUD-C zoning district establishes a 40-foot front yard setback, a 10-foot side yard setback, and a 25-foot rear yard setback. However, Ordinance O-14-1927 authorizes a reduction from 40 feet to ten feet for the front setback and from 25 feet to 20 feet for the rear setback. The lot size and dimensions meet the minimum PUDC-Planned Unit Development Commercial requirements prescribed by the Land Development Code. Sidewalks. A minimum five foot wide sidewalk is required along Glade Road and Bedford Road whenever any new structures are built. Surrounding Properties. The properties to the north are zoned PUD-C, R-20 Single Family, and PUD-R. The property zoned PUD-C is developed as a professional office; the property zoned R-20 is an existing single family home; the property zoned PUD-R is developed as commercial uses along the frontage of Glade Road. The property to the east and west are zoned PUD-C and developed as professional offices. The properties to the south are zoned R-20 and developed as single family residential homes. Public Notification. Staff mailed notices to all property owners within 200 feet of the subject property in the Sunrise Terrace subdivision. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 has received no correspondence to date. Summary. The replat satisfies the requirements of PUD Ordinance O-14-1927 and the Land Development Code as amended by said ordinance. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Replat Exhibit 6.Ordinance O-14-1927 Lo c a t i o n a n d Z o n i n g M a p Ae r i a l THOM P S O N T E R JO CAROL LN OA K T I M B E R S C T SABINE CT GARRY LYNNE DR BE D F O R D R D EDGEWATER CT LAKEWOOD DR 1105 4800 1201 1108 1201 1132 1213 1104 1113 1112 1109 5005 1101 1205 1100 1105 1117 1117 1100 1009 5004 5000 1116 1200 1201 1108 1112 1117 1104 1104 1205 1100 1209 5009 11281112 1113 1116 1109 11241120 11051101 1001 1100 4905 1209 5001 5005 1005 1105 4909 4901 1117 4821 4913 1113 4910 11211109 5001 4817 5004 4914 5017 1120 5000 500511081104 5008 5010 1105 Glade Road Case PC14-027/ Legend Properties within 200 feet Subject Property Parcels Text GLADE RDSubject Property Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Premier Office Equities 1117 Glade Rd Ste 140 Colleyville Texas 76034 001117 Glade Rd Rika, Sennear Etvir Tony 1201 Glade Rd Colleyville Texas 76034 001201 Glade Rd Freeman, Becky A 1112 Jo Carol St Colleyville Texas 76034 001112 Jo Carol Ln Trachier, Steve Etux Connie M 1108 Jo Carol St Colleyville Texas 76034 001108 Jo Carol Ln Peterson, Barbara Lisa 1104 Jo Carol St Colleyville Texas 76034 001104 Jo Carol Ln Holland, Axel Etux Ursula 1100 Jo Carol St Colleyville Texas 76034 001100 Jo Carol Ln RIVERWALK HOA 1108 NUECES COURT COLLEYVILLE Texas 76034 COURTESY NOTICE LAKEWOOD ESTATES HOA 4908 LAKESHORE COURT COLLEYVILLE Texas 76034 COURTESY NOTICE GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE Texas 76051 COURTESY NOTICE Claymoore Engineering 1903 Central Drive Bedford Texas 76021 Applicant Public hearing notices were mailed Tues. Dec. 23, 2014 by Taci Wrisley Notification List Re p l a t E x h i b i t ORDINANCE 0-14-1927 AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.36 ACRES ON LOTS 1 AND 2, BLOCK 1, SUNRISE TERRACE ADDITION, FROM THE R-20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC14-009; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners Ordinance 0-14-1927 Page 2 of 4 generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.36 acres on Lots 1 and 2, Block 2, Sunrise Terrace Addition, from the R-20-Single Family Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit AAA,/ Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. Permitted uses shall be limited to Professional and General Office as permitted by the CPO-Professional Office Commercial District. b. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this ordinance. c. Prior to the issuance of any building permit, a replat of the subject properties shall be submitted, approved and filed with the Tarrant County Clerk. 2. BUILDING AND SITE COMPLIANCE PROVISIONS a. All new buildings must comply with the provisions of Ordinance 0-14-1927 Page 3 of 4 Chapter 6-Commercial Building Design in the Land Development Code. b. All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. c. The 40-foot front yard setback shall be reduced to 10 feet. d. The rear yard setback shall be reduced to 20 feet. e. This development, including the use of land and the layout of the buildings on the property shall be generally consistent with Exhibit "B" and "D". f. The building elevations shall be generally consistent with Exhibit "C". g. The driveway approach connecting to Glade Road may be located no closer than 145 feet, measured from centerline to centerline, from the potential realigned intersection of Bedford Road and Glade Road as shown on Exhibit "B". The final approval of said driveway location and determination of approved turning movements within said driveway approach shall be made by the City Engineer prior to the final approval and construction of said driveway. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that Ordinance 0-14-1927 Page 4 of 4 portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 19th day of August 2014. The second reading and public hearing being conducted on the 21st day of October 2014. PASSED AND APPR ED by the City Council of the City of Colleyville, Texas, on this the &/ day of ()abbe,- 2014. ATTEST:CITY OF COLLEYVILLE A, 4Scr_t_140 / i Amy elley, • MC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: T\N.. kn. Matthew C. G. 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I,unlnn•. Inns•I,Immn1 a` t ! 7: I' 1 Frs. Exhibit D - Statement of Planning Objectives BAYLEY YANDELL D E V E L O P M E N T LTD . October 7.2014 Revised Statement of Planning Objectives 1105 Glade Road Southeast corner of Glade Rd and Bedford Rd The proposed tract is approximately 1.36 acres at the corner of Bedford Road and Glade Road.We propose to rezone the property from the current R-20 classification to a PUD-C district with the use for the site being commercial office.The development objective is to provide two premier garden office buildings as a cohesive complex and relevant to the adjoining uses on Glade Rd.These buildings are to be oftop quality finishes inside and out.The exteriors are to be constructed of masonry materials including stone, brick,stucco and wood.Both buildings will be a mirror of each other and will be just less than 6,000 Sq.ft.each. At the rear,a masonry screen wall and landscape buffer will be provided per the unified development code and city ordinances.We will insure that our landscape plan meets all requirements and codes as outlined by the city. Bayley Yandell Development and Graham Hart Home Builder will occupy one building with all remaining space being leased out. Sincerely, Peter Slover 1203 S.White Chapel Blvd.,Suite 250,Southlake,TX 76092*Office 214.626.8590*Fax 817.545.1455 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 01/12/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning changefrom PUD-C-Planned Unit Development Commercial zoning district to the PUD-R-PlannedUnit Development Residential zoning district on 1.82 acres on Lot 1, Block 1 ofthe San Bar Square Addition located at 105 Cheek- Sparger Road, Case ZC14-026 Explanation Steve Isbell, applicant, has submitted a request to change the zoning on 1.82 acres of land located at 105 Cheek-Sparger Road. The applicant is requesting to rezone the property from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for seven new residential lots and three open space lots. Previous Zoning Request. A request to rezone the subject property from the PUD- C-Planned Unit Development Commercial zoning district to the PUD-R-Planned Unit Development Residential zoning district (Ordinance O-13-1887) was denied without prejudice by the City Council on December 3, 2013 by a vote of 6-1. The primary differences from the current request to the previous request are that the current proposal contains seven (7) lots instead of eight (8) lots per the original proposal, and that the proposed open space now complies with the minimum requirement of 20 percent, all of which is described in more detail later in the briefing. Existing Conditions and Zoning. The subject property is currently vacant and is platted. The property is currently zoned PUD-C-Planned Unit Development Commercial under Ordinance O-85-600 (attached). The uses allowed under Ordinance O-85-600 are "shopping centers, commercial or service centers, office parks, major recreation and entertainment facilities, and other similar business and commercial centers or facilities, when such uses are in conformance with the various commercial zoning district regulations" of the zoning ordinance as it existed in 1985. It should be noted that these uses are not listed in Ordinance O-85-600. In 1985, the PUD-C uses listed above were allowed by right, as part of the PUD-C ordinance approval, unless a particular use was specifically prohibited by the PUD-C ordinance. In the case of Ordinance O-85-600, no uses were prohibited. Approval of a combination preliminary/final plat will be required upon approval of the rezoning request. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 Statement of Planning Objectives. The applicant has submitted a Statement of Planning Objectives (attached), which contains a detailed description of the proposed development. Lot Dimensions and Setbacks. PUD-R regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet, and lot depth of 120 feet. Per the details of the Statement of Planning Objectives and the Conceptual Site Plan, the applicant proposes the following development standards: Minimum lot width: 55 feet Minimum Lot Depth: 120 feet (Except for lots fronting on the cul-de-sac) Lot area is proposed as follows: The minimum lot size proposed is 6,066 square feet Setbacks are proposed as follows: FrontYard Setbacks: a. For lots with a J-Swing garage: 10 feet b. For lots with a front entry garage: 20 feet Rear Yard Setback: 10 feet Side Yard Setbacks: Five (5) feet for center placed structure and one (1) foot and nine (9) feet for other placements; Minimum of 10 feet between structures Maximum Lot coverage: 65 percent Maximum Height: 35 feet Residential Design Requirements. Homes will be both single and two story construction. Screening. A wood screening fence, not to exceed six feet in height will be constructed at the property lines adjacent to other residential properties to the east and south, as shown on the Conceptual Site Plan. At a minimum, the pole side of the screen fence will face into the new development along the south and east property lines. A variable height masonry iron and brick fence will be installed along the west boundary of the development and portions of the north boundary of the development by the developer. Where open space is adjacent to Cheek-Sparger Road, a six (6) foot Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 wrought iron fence will be installed by the developer. Open Space. PUD-R regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. Based on the information contained in the conceptual site plan, 20.6 percent open space will be provided, which complies with the Land Development Code. All open space shall be landscaped and maintained by the Homeowners Association. Preliminary Drainage Analysis. The developer has submitted a Preliminary Drainage Analysis of the site, which has been reviewed by the Engineering Division of the Public Works Department. Conditions associated with drainage and stormwater runoff shall be set and enforced at the time of platting. Sidewalks and Trails. Sidewalks are required to be installed along any new internal streets at the time of new home construction. According to the Colleyville Pathways Plan, sidewalks are required to be constructed along the frontage of Cheek-Sparger Road and San Bar Lane. The sidewalk along Cheek-Sparger Road is required to be five feet in width, and the sidewalk along San Bar Lane is required to be four feet in width. The sidewalks along the property frontages must be installed prior to the acceptance of final public improvements. The developer has the ability to request escrowing the sidewalk along Cheek-Sparger Road which would be considered during the review of public improvement plans. Development Schedule. The applicant provided the following preliminary schedule of key development dates: • Zoning Approval: February 2015 • Development Construction Commencing: March 2015 • Development Construction Completed: June 2015 Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. 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. Single family residences are expected to generate 9.57 trips per day, on average. Based on this average, a seven lot development would add approximately 67 vehicle trips per day to the surrounding roadways. Only one means of ingress and egress is required for subdivisions with 12 lots or less. Access and Streets. The proposed lots in the development will be served by a 115 foot long cul-de-sac street. The proposed street will be public and will not be gated. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 4 The proposed street meets the minimum requirements of the Land Development Code. According to the existing San Bar Square Addition plat for the subject property, there is 60 feet of right-of-way from the centerline of Cheek-Sparger Road south, to the north property line of the subject property. - The paved portion of Cheek-Sparger Road, south of the centerline, includes 14 feet, leaving 46 feet of unpaved right-of-way south of the centerline. - The Master Thoroughfare Plan designates Cheek-Sparger Road as a Major Collector (Two Lane), which requires 75 feet of right-of-way. Therefore, a minimum of 37.5 feet of right-of-way is required on each side of the centerline. Given the existing 60 feet of right-of-way available along the subject property, there remains 22.5 feet of right-of- way available above and beyond the 37.5 foot requirement. - In terms of City utilities, there is an existing eight (8) inch sewer main and a variable width open bar ditch storm sewer located within the subject right-of-way area. Development Fees. Park land dedication fees are due in the amount of $1,802 per residential lot, prior to the plat being filed with the Tarrant County Clerk. Roadway impact fees are due in the amount of $4,941 per residential lot, at the time of the building permit application. Water and Wastewater impact fees are due at the time of the building permit application. Fees for a typical 5/8 inch meter are $2,491 for the water impact fee and $643 for the wastewater impact fee. Perimeter street improvement fees are due for Cheek-Sparger Road Road at the time of approval of the final plat. Perimeter street improvements are required for the newly created lots since Cheek-Sparger Road Road is considered unimproved adjacent to the subject property. The developer’s portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree preservation plan will be required upon approval of the final plat for the property and drawn according to the requirements of Chapter 5-Tree Preservation of the Land Development Code. Master Plan. The Future Land Use Plan designates the entire subject property for Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 5 single family residential, and is consistent with the proposed use of this development. Residential Density. The Colleyville Master Plan suggests a maximum residential density of 1.8 dwelling units per acre, in most situations. The 2004 Colleyville Master Plan states densities higher that 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles. The proposed development of seven residential units on the 1.82 acre property will produce a residential density of 3.8 dwelling units per acre based upon the density calculation method prescribed by the Colleyville Master Plan and 5.9 dwelling units per acre based upon the density calculation method prescribed by the Land Development Code. The Small Lot Development Comparison, attached to this briefing, provides a comprehensive listing of approved developments since 1996 with residential densities which exceed 1.8 dwelling units per acre. Surrounding Development Trends. Properties to the north and east are zoned R20- Single Family Residential and developed as single family homes. Properties to the south are zoned R15-Single Family Residential and developed as single family homes. The property to the west is zoned PUD-C-Planned Unit Development Commercial and is developed as an office-showroom, multi-tenant retail, and self-storage business. Public Notification. Staff mailed notices to 22 adjacent property owners within 200 feet of the subject property as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date no correspondence has been received. Summary. The proposed zoning change is consistent with the Future Land Use Plan, which designates the subject property as single family residential uses. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, the proposed density is generally consistent with other small lot subdivisions approved throughout the City, as referenced in the attached “Small Lot Subdivision Comparison” chart. The location of the proposed development will provide a viable transitional element between the commercial uses along Colleyville Boulevard to the west, and the collection of single family residential properties to the east and south. Recommendation Approval with the following conditions: 1. GENERAL a. The purpose of this PUD-R is for a single-family residential development of seven (7) detached single family dwelling units, constructed at a gross maximum density of 3.8 Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 6 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, Exhibit “B”. c. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with the conceptual site plan, Exhibit “C”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage, or other conditions. b. The developer shall submit and receive approval from the City, a combination preliminary/final plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: 1. All lots shall be a minimum of 55 feet in width as measured at the building setback line. 2. The minimum lot size shall be 6,066 square feet. 3. The minimum lot depth shall be 120 feet, except for lots which front the cul-de-sac. 4. Front Yard Setbacks: a. For lots that have a J-Swing garage: 10 feet b. For lots that have a front entry garage: 20 feet 5. Minimum Rear Yard Setback: 10 feet 6. Minimum Side Yard Setbacks: 10 feet between structures; One (1) foot and nine (9) feet, or five (5) feet each side Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 7 property line. 7. Maximum Lot coverage: 65 percent 5. OPEN SPACE a. This development shall provide a minimum of 20 percent common open space, which shall be configured as shown on Exhibit “C”. All open space areas shall be landscaped and maintained by the HOA. b. No more than 25 percent of the open space area may be utilized for detention. 6. SCREENING AND TREES a. A wood screening fence, not to exceed six (6) feet in height, shall be constructed at the property lines adjacent to other residential properties to the east and south. A six foot wrought iron fence shall be constructed adjacent to the open space Lot 2A next to Cheek-Sparger Road. b. A variable height screening fence, constructed of a combination of brick, stone, and wrought iron will be constructed along the north and west portion of the property adjacent to Cheek-Sparger Road and San Bar Lane. The screening shall be continuous along the boundary with the exception of entry road right-of-way. c. The wrought iron and masonry fences noted above shall be constructed by the developer prior to the acceptance of public improvements. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Statement of Planning Objectives 6.Conceptual Site Plan 7.Preliminary Drainage Analysis 8.Ordinance O-85-600 9.Small Lot Development Comparison Chart - 1996 to 2013 10.Proposed Ordinance C I T I E S BLV D WO O D C R E S T D R F WO O D D R W GREENBRIAR LN ACUFF LN B R E N T WO O D C T G R APE VIN E H W Y G R E E N B R I A R C T FE LPS CT SW E E T B R I A R L N WOODBINE DR S A N B A R L N BRIAR R BRO O KRI DG E DR FE L P S D R GREENBRIAR LN ST C T 3725 3616 3705 3716 111 104 121 123 3612 4012 3615 3717 3616 119 3700 200 129 4003 132 134 3616 4100 124 3717 3811 2 3919 36043609 3612 115 3907 3605 3716 205 108 4211 3708 212 118 3607 3713 133 3608 3717 3713 3700 3708 100 3901 3713 203 108 114 3609 114 3612 3605 3726 3714 112 110 3900 214 3805 3709 211 3709 3700 4207 3608 3701 204 120 210 208 204 3708 3712200 3612 206 3704 116 3704 3608 3704 127 3712 213 3611 3716 3700 301 3612 3709 3906 209 3616 107 3701 3604 3704 3700 127 201 3701 3713 3720 3708 3701 4000 3701 3917 3604 36093611 3613 125 3605 121 3709 300 4209 4001 128 3912 3722 200 105 3604 3709 3708 4004 3616 207 112 3613 3609 100 3705 3608 3705 3611 3809 4104 4121 3616 208 3617 116 3712 4201 4008 3700 125 3716 3701 3721 3717 3721 128 3704 3801 212 119 3705 3704 3600 3617 4125 104 3716 3700 3705 120 4007 124 3809 3708 3704 4105 128 3705 3708 202 205 3901 3615 3914 4117 112 208 133 37133712 3615 108 3801 3910 3709 3717 3718 106 3601 123 210 4205 R-15 R-20 CC-3 PUD-R CN PUD-C PUD-C R-20 AGR-30 PUD-C R-40 PUD-R CN CC-1 PUD-C Subject Property Cheek-Sparger Rd. Location and Zoning Map S A N B A R L N FELPS CT W G R E E N B R I A R L N CHEEK SPARGER RD COL L E Y V I L L E B L V D 3901 105 3907 123 112 100 119 116 3901 120108 121 4007 124 123 104 100 104 124 106 200 125 3919 110114118 111 202206 125 108 210 115 3725119 4001 203207 3720211 128 112 0 116 4003 129 3721 128 / - Aerial GR E E N B R I A R C T S A N B A R L N GREENBRIAR L N D R FELPS CT W G R E E N B R I A R L N CHEEK SPARGER RD COL L E Y V I L L E B L V D ACUF Subject Property 0 4007 125 3901 0 105 3907 128 0 3901 123 112 100 129 133 119 116 119 120108 121 203 124 208 123 104 111211 100 104 127 124 133 115 134 106 204 207 127 128 200 1083720 125 200 3912 3716 112 204 3721 116 200 3919 4001 110114118 3717 4003 202206 3712 210 3716 3717 3716 3713 3713 3712 3725 3717 4105 121 3721 3717 3713 212 4012 4000 4004 4008 3914 3910 107 3906 0 37083709 3809 214 370937083709 208 105 Cheek-Sparger Road Case ZC14-026/ Legend Properties within 200 Feet Subject Property Parcels City Limit - Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Wallace, David A Etux Cynthia 104 Greenbriar Ln Colleyville Texas 76034 000104 Greenbriar Ln Brand, Donald R 121 Cheek Sparger Rd Colleyville Texas 76034 000121 Cheek Sparger Rd Bevill, James H Etux Claudia M 119 Cheek Sparger Rd Colleyville Texas 76034 000119 Cheek Sparger Rd Ulery, Richard G Etux Kristie 123 Cheek Sparger Rd Colleyville Texas 76034 000123 Cheek Sparger Rd Callaway, Curtis L & Trisha 124 Felps Ct Colleyville Texas 76034 000124 Felps Ct Morrison, Pamela M 710 Whispering Wood Cir Southlake Texas 76092 000123 Felps Ct Guest, Elizabeth V 106 Greenbriar Ln Colleyville Texas 76034 000106 Greenbriar Ln Uhlenhaker, Ronnie R PO Box 1705 Colleyville Texas 76034 000000 Cheek Sparger Rd Davila, Michael Etux Jennifer 100 Greenbriar Ln Colleyville Texas 76034 000100 Greenbriar Ln Dobson, James Etux Ruby C 3725 San Bar Ln Colleyville Texas 76034 003725 San Bar Ln Skinner, Edna Etvir Floyd D 110 W Greenbriar Ln Colleyville Texas 76034 000110 W Greenbriar Ln Rhodes, Gregory Etux Frances 114 W Greenbriar Ln Colleyville Texas 76034 000114 W Greenbriar Ln Star Self Stor Of Colleyville 5605 Tyler St Pearland Texas 77581 003901 Colleyville Blvd Howell, Dean G 104 Cheek Sparger Rd Colleyville Texas 76034 000104 Cheek Sparger Rd Chatsworth Enterprises Llc 4413 Bowman Dr Colleyville Texas 76034 000112 Cheek Sparger Rd Harris, D Keith 108 Cheek Sparger Rd Colleyville Texas 76034 000108 Cheek Sparger Rd Hahn, Edward & Doris Est 7500 Windswept Trl Colleyville Texas 76034 000100 Cheek Sparger Rd Burns, Edward H 7713 Lexus Dr Fort Worth Texas 76137 000120 Cheek Sparger Rd Chatsworth Enterprises Llc 4413 Bowman Dr Colleyville Texas 76034 000116 Cheek Sparger Rd Woodbriar Estates HOA 412 Woodbriar Court Colleyville Texas 76034 Courtesy Notice Grapevine-Colleyville ISD 3051 Ira E. Woods Avenue Grapevine Texas 76051 Courtesy Notice Hurst Euless Bedford ISD 1501 Central Drive Bedford Texas 76022 Courtesy Notice Steve Isbell PO BOX 516 Colleyville Texas 76034 Applicant Public hearing notices were mailed Tues, Dec. 23, 2014 by Taci Wrisley Notification List Briar Grove Statement of Planning Objectives, Development Schedule and Proposed Ownership PUD Single Family - 7 lots Statement of Planning Objectives 1. GENERAL a. The purpose of PUD-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.608 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan. b. The developer shall submit and receive approval from the City for a Preliminary and Final Plat in accordance with the requirements of the Land Development code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4.RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, shall control where such building line setback is different from the following requirements. Minimum Lot Size 6,066 square feet Minimum Lot Width 55 feet Minimum Lot Depth 120 feet (exception for lot lines on cul-de-sac) Front Building Line 10 feet for J-Swing Garage/ 20 feet for Front Entry Side Building Line 5 feet for center placed structure and 1’ and 9’ for zero Rear Building Line 10 feet Maximum Lot Coverage 65 percent Maximum Height 35 feet 5. OPEN SPACE a. This development shall provide not less than 20% common open space, which will generally be configured as shown on the Conceptual Site Plan. All open space areas shall be landscaped and maintained by the Homeowners Association. b. No more than 25 percent of the open space area shall be utilized for storm water detention or retention. Statement of Planning Objectives 6. SCREENING a. A wood screening fence, not to exceed six feet in height will be constructed at the property lines adjacent to other residential properties to the south and along a portion of the eastern property line, as shown on the Conceptual Site Plan. The pole side of the screen fence will face into the new development along the south and east property lines. b. A variable height screening fence, constructed of a combination of brick, stone and wrought iron will be constructed along the north and west portion of the property adjacent to Cheek Sparger Road and San Bar, as well as along the remaining portion of the eastern property line adjacent to the development's major open space. The screening will be continuous along the boundary with the exception of entry road right-of-way. 7. SIDEWALKS Sidewalks will be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. OTHER a. Homes will be both single and two story construction. b. Maintenance of the wood fence, masonry fence, open space and landscaping will be the responsibility of the HOA governing the new sub-division. c. Construction times would be limited to City of Colleyville rules and regulations (Monday - Saturday 7:00am - 6:00pm) Development Schedule October, 2014: Begin city approval process February, 2015: Complete city approval process March, 2015: Begin development construction June, 2015: Complete development construction July, 2015: Begin home construction Proposed Ownership The developed lots will be owned by individuals while the common areas will be owned by the Homeowner's Association. Statement of Planning Objectives .. . \ 2 9 3 - 0 0 1 C O N C E P T P L A N . d g n 1 0 / 1 6 / 2 0 1 4 1 1 : 2 8 : 2 0 A M Co n c e p t u a l S i t e P l a n .. . \ 2 9 3 - 0 0 1 D A M A P . dg n 1 0 / 1 6 / 2 0 1 4 1 1 : 2 9 : 0 3 A M Pr e l i m i n a r y D r a i n a g e A n a l y s i s Subdivision Name Total Lots Minimum Lot Width (feet) Minimum Lot Depth (feet) Minimum Lot Size (square feet) Average Lot Size (square feet) Maximum Lot Coverage Master Plan Density - Dwelling Units Per Acre * Land Development Code Density - Dwelling Units Per Acre ** Total Acres Open Space Approval Date Ordinance Spring Garden 45 36 70 2,520 2,700 90%8 16.1 5.4 31.3%12.17.96 O-96-1052 Villas of Caldwell Creek 43 59 115 6,594 7,408 50%3.7 5.9 11.6 18.3%4.1.97 O-97-1062 Bridges at Riverwalk 32 56 106 6,001 6,479 50%3 6.7 10.0 24.0%12.21.99 O-99-1192 Riverwalk at Colleyville 53 60 115 6,331 7,666 50%3.2 5.7 20.0 20.0%4.4.00 O-00-1210 Rosewood Villas 53 59 110 6,482 6,899 60%3.6 6.3 14.8 21.4%8.8.01 O-01-1286 Emerald Park 72 60 120 7,200 7,508 50%3.5 5.8 20.2 19.6%10.1.02 O-02-1366 Tiffany Park 25 60 100 7,200 7,580 50%3.5 5.7 7.2 20.0%10.21.03 O-04-1487 Tuscany 35 60 110 6,600 7,878 50%3.9 5.5 8.8 6.6%2.17.04 O-04-1442 Cambridge Place 38 50 58 4,500 5,300 60%4.2 8.2 9.0 22.0%7.6.04 O-04-1467 Heritage Oaks 103 30/40 90 2,700/3,600 3,600 90% and 75%4.6 12.1 22.9 25.0%03.21.06 O-09-1715 Villas at Oak Pointe 74 30/56 90/95/115 2,700/6,440 5,000 90% and 58%3.7 8.7 13.6 22.0%08.02.06 O-06-1584 Copperglen 22 55 105 5,924 6,650 65%3.9 6.6 5.6 20.0%10.17.06 O-06-1595 Villas of Colleyville 67 59 115 6,655 8,936 60%3.4 4.9 19.8 21.0%08.21.07 O-07-1627 Enclave at Arbor Estates 16 65 120 8,700 9,350 50%2.9 4.7 5.6 19.3%09.18.07 O-07-1634 Creekside at Colleyville 269 50 105 5,000 7,257 65%2.4 6.0 108.5 20.0%11.27.07 O-07-1645 Somerset Manor 77 50/60 100/110 5,000/6,600 6,000 50%4 7.3 18.2 20.3%05.05.08 O-08-1672 Ivy Glen 10 55 110 5,890 8,200 65%3.4 5.3 3.0 20.0%03.05.13 O-13-1864 The Preservation 36 60 140 8,500 9,170 50%3 4.7 12.0 23.0%05.14.13 O-13-1867 Heron Pond 49 47 120 7,000 7,800 65%3.2 5.6 15.4 22.0%11.19.13 O-13-1894 Average 59 56 106 6,260 6,915 58%3.7 6.9 17.4 20.8% Zoning Case ZC14-026 7 55 120 6,066 7,399 65%3.8 5.9 1.8 20.6% Small Lot Development Comparison Chart - 1996 to 2013 * Master Plan Density is calculated by dividing the total units in the development by the total acreage of the development ** Land Development Code Density is calculated by dividing the total units in the development by the total development acreage minus open space and right-of-way acreage ORDINANCE O-15-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.82 ACRES ON LOT 1, BLOCK 1, OF THE SAN BAR SQUARE ADDITION, LOCATED AT 105 CHEEK-SPARGER ROAD FROM THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC14-026; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-15-xxxx Page 2 of 6 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.82 acres on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road from the PUD-C-Planned Unit Development Commercial zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit “A” and “C”, and as described in Exhibit “B”. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for a single-family residential development of seven (7) detached single family dwelling units, constructed at a gross maximum density of 3.8 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, Exhibit “B”. c. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. Ordinance O-15-xxxx Page 3 of 6 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with the conceptual site plan, Exhibit “C”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage, or other conditions. b. The developer shall submit and receive approval from the City, a combination preliminary/final plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: 1. All lots shall be a minimum of 55 feet in width as measured at the building setback line. 2. The minimum lot size shall be 6,066 square feet. 3. The minimum lot depth shall be 120 feet, except for lots which front the cul-de-sac. 4. Front Yard Setbacks: a. For lots that have a J-Swing garage: 10 feet b. For lots that have a front entry garage: 20 feet 5. Minimum Rear Yard Setback: 10 feet Ordinance O-15-xxxx Page 4 of 6 6. Minimum Side Yard Setbacks: 10 feet between structures; One (1) foot and nine (9) feet, or five (5) feet each side property line. 7. Maximum Lot coverage: 65 percent 5. OPEN SPACE a. This development shall provide a minimum of 20 percent common open space, which shall be configured as shown on Exhibit “C”. All open space areas shall be landscaped and maintained by the HOA. b. No more than 25 percent of the open space area may be utilized for detention. 6. SCREENING AND TREES a. A wood screening fence, not to exceed six (6) feet in height, shall be constructed at the property lines adjacent to other residential properties to the east and south. A six foot wrought iron fence shall be constructed adjacent to the open space Lot 2A next to Cheek-Sparger Road. b. A variable height screening fence, constructed of a combination of brick, stone, and wrought iron will be constructed along the north and west portion of the property adjacent to Cheek-Sparger Road and San Bar Lane. The screening shall be continuous along the boundary with the exception of entry road right-of-way. c. The wrought iron and masonry fences noted above shall be constructed by the developer prior to the acceptance of public improvements. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same Ordinance O-15-xxxx Page 5 of 6 penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of February 2015. The second reading and public hearing being conducted on the 17th day of February 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor Ordinance O-15-xxxx Page 6 of 6 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Exhibit B – Statement of Planning Objectives Exhibit B – Statement of Planning Objectives (Cont.) Exhibit C – Conceptual Site Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 01/12/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for a Special Use Permit for a telecommunications tower on Lot 5R-1, Block 1, of the AndyFelps Addition, located at 4003 Colleyville Blvd, Case ZC14-027 Explanation The applicant, Verizon Wireless, has submitted a request for a Special Use Permit (SUP) to allow a telecommunications tower at 4003 Colleyville Boulevard. The subject property is zoned CC-3-Highway Commercial district. A telecommunications tower is allowed in the CC-3-Highway Commercial zoning district with the approval of an SUP. Existing Conditions. The subject property is platted and is currently developed with a 2,368 square foot commercial building on 0.43 acres, constructed in 1986. The building is currently occupied by “Michael’s Keys”. Per the attached exhibits, the proposed tower would be located on the southeast corner of the subject property within a 20 foot x 35 foot lease area. The proposed lease area does not front on State Highway 26. Applicant’s Request. The applicant is requesting a new tower due to there being no other towers available within a one mile radius to meet the coverage needs of this area. They state that there is a significant gap in reliable coverage in this area now, and that optimal coverage will be provided by a tower at this site. They also state that the proposed site will provide optimal coverage for the residential and commercial areas within 1 mile around the proposed site and will serve both coverage and capacity needs by filling existing significant gaps in the ability of remote users of Verizon Wireless' wireless network to access the national telephone network. These statements are included in the Affidavit Exhibits in the attachments. It is also stated in the Affidavit Exhibits that the site will be secured with a six foot chain link fence, however, per the ordinance, staff is requiring an eight (8) foot masonry wall. Tower Details. Per the attached exhibits provided by the applicant, the tower will be of monopole design and constructed to a height of 100 feet (108 feet including the lighting rod). The proposed tower will be available for use by up to two wireless communications providers, subject only to the negotiation of a mutually acceptable site leases with the providers. Ground equipment will be housed in outdoor equipment cabinets and will be screened with an eight (8) foot high masonry wall, a provision which is included in the ordinance. The tower and equipment will be accessible via the main paved drive that services the back of the building and will serviced by a vehicle Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 that will park outside the gate of the equipment area. Land Development Code Requirements. Regulations for telecommunication towers are contained in Chapter 3, Section 3.24, Paragraph C.3 of the Land Development Code which states: 3. Telecommunication Towers – Construction shall be of monopole design only; and a. the distance between the base of the tower and any Agricultural (Ag) or residential district shall be not less than two (2) times the height of the tower; and b. the site plan shall meet all other commercial development requirements of the City such as site plan review, landscaping, setbacks; and c. a minimum of one paved parking space shall be provided at the site of the structure. The proposed height of the tower will be 100 feet. According to the distance requirements of the Land Development Code, the tower would have to be 200 feet from a residential or agricultural zoning district. The nearest residential zoning district is 215 feet from the proposed tower and the nearest residential dwelling is approximately 180 feet from the tower. The only existing structure within the fall zone of the proposed tower is the main building on the subject property. One new parking stall is provided in the 15 foot wide Access and Utility Easement to the lease area. No parking will be taken from the existing site. Height. Telecommunications towers are exempt from the City’s height restrictions. Per the Federal Aviation Administration lighting requirements, the proposed telecommunications tower will not require safety lighting. Federal Aviation Administration guidelines state that towers under 200 feet in height do not have to meet obstruction lighting requirements, unless located within a designated aviation glide slope area, which is not applicable to the subject property. Site Code Compliance. Staff recommends that any existing code compliance on the subject property that are not considered legal non-conforming be brought into compliance as a condition of approval of this item. This provision is contained in the proposed ordinance. Surrounding Properties. The surrounding properties are zoned and developed as follows: The property to the north is zoned PUD-C-Planned Unit Development Commercial zoning district and is vacant. The properties to the east are zoned CC-3- Highway Commercial zoning district and PUD-C-Planned Unit Development Commercial zoning district and contain a single family home and are vacant. Properties to the south are zoned CC-3-Highway Commercial zoning district and are developed as retail. Properties to the west are located in the City of Hurst and developed as retail. Public Notification. Staff notified nine property owners within 200 feet of the subject Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 3 property and homeowner’s associations within 500 feet of the subject property regarding this request. Notice was sent to the Grapevine-Colleyville Independent School District as required by state law. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. To date no correspondence has been received. Summary. The proposed tower meets the minimum requirements for telecommunications towers in the Land Development Code. Recommendation Approval with the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a telecommunications tower as described in Exhibit “B” and depicted on Exhibit “C” and “D”. b. The tower shall be of a monopole design and shall not exceed a height of 108 feet from the ground to the highest point of the structure as depicted in Exhibit “D”. c. The tower and all related ground appurtenances shall be located within a lease area not to exceed 700 square feet. Said lease area shall be located on the subject property per Exhibit “C” d. A minimum eight (8) foot tall decorative masonry wall shall be constructed around the entire perimeter of the tower lease area prior to the final inspection of the tower structure. e. At the time of building permit application for said tower, all non-compliant City code issues identified on the site that are not considered legal non-conforming as determined by the city manager or his/her designee shall be brought into compliance prior to the final inspection for the tower. f. The telecommunications tower and related construction authorized by this ordinance shall meet all requirements of the Land Development Code and the Code of Ordinances, except where amended herein. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Statement of Planning Objectives 6.Affidavit Exhibits 7.Site Plan and Tower Elevations Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 4 8.Proposed Ordinance Lo c a t i o n a n d Z o n i n g M a p - Ae r i a l - S A N B A R L N CHEEK SPARGER RD COL L E Y V I L L E B L V D COL L E Y V I L L E B L V D City of Hurst Subject Property 0 0 0 0 0 4007 3901 0 3901 0 105 0 0 0 3907 0 125 0 0 0 112 0 0 0 119 00 0 0 0 0 108 00 0 0 0 0 0 00 00 0 0 0 0 0 0 0 0 00 0 0 0 0 0 00 0 104 0 0 0 0 0 100 116 0 200 4121 3900 0 3919 4001 0 3811 4003 0 121 0 4125 300 104 4105 107 0 100110 0 0 114 0 118 4201 202206210214 0 4003 Colleyville Blvd Case ZC14-027/ Legend Properties within 200 Feet Subject Property Parcels City Limit Buffer Map - Owner Name Owner Address Owner City Owner State Owner Zip Situs Address 3919 Colleyville Blvd Ltd PO Box 802736 Dallas Texas 75380 003919 Colleyville Blvd Velasquez, Florentino & Daisy 1830 Silverside Dr Grapevine Texas 76051 004001 Colleyville Blvd Hayworth, Ward 2757 Mesquite Ln Grapevine Texas 76051 004007 Colleyville Blvd Lemmon, William M Etux Carol A 133 E Rio Rdg Azle Texas 76020 004003 Colleyville Blvd Hibernia National Bank 275 Broadhollow Rd Melville New York 11747 003907 Colleyville Blvd Dennie, Paul D Etux Peggy M 200 Cheek Sparger Rd Colleyville Texas 76034 000200 Cheek Sparger Rd City of Hurst, Planning and Zoning 1505 Precinct Line Road Hurst Texas 76054 Courtesy Notice Grapevine-Colleyville ISD 3051 Ira E. Woods Avenue Grapevine Texas 76051 Courtesy Notice Hurst Euless Bedford ISD 1501 Central Drive Bedford Texas 76022 Courtesy Notice Verizon Wireless 7 Village Circle, Suite 400 Westlake Texas 76262 Applicant Public hearing notices were mailed Tues. Dec 23, 2014 by Taci Wrisley Notification List SUP for Telecommunication Tower at 4003 Colleyyille Blvd. Statement of Planning Objectives Verizon Wireless requests a Specific Use Permit for a telecommunication tower at 4003 Colleyville Blvd, Colleyville Texas, 76034. The property is zoned CC-3, highway commercial and it is fully developed and currently in use by Michaels Keys. It is surrounded by property zoned CC-3 to the west which is currently occupied by a fast food restaurant, and by vacant property zoned PUD-C Planned Unit Development-Commercial to the east and south. The property to the north is outside the city limit. The proposed location for the tower is at the southeastern comer of the lot. . There is heavy vegetation between the lot and adjacent properties to the south. The distance between the base of the tower and any agricultural or residential district is more than two times the height of the tower, as shown on the site plan C-1. The tower structure is 100 feet high, and the closest residential district, an R-20 district to the south, is 223 feet from the closest edge of the tower base. The tower at the Proposed Site will be available for use by up to two wireless communications providers, subject only to the negotiation of a mutually acceptable site leases with the providers. The design of the tower for the Proposed Site will be a monopole, which makes the tower (including its antennae, shelter and ground layout) the best design available to serve Verizon Wireless' customers' coverage needs. The tower will only be one-hundred and eight feet (108') tall to its highest point (the lightning rod) in a 20' x 35' lease area, and the equipment on the ground will be housed in outdoor equipment cabinets will be screened with an eight-foot-high masonry wall. The tower and equipment will be serviced by a vehicle that will park outside the gate of the equipment area. As indicated by Mr. Siddiqui's affidavit, attached, there are no other towers available within a. one mile radius to meet the coverage needs of this area. The coverage maps attached to his affidavit indicate the significant gap in reliable coverage in this area now, and the optimal coverage that will be provided by a tower at this site. The proposed site will provide optimal coverage for the residential and commercial areas within 1 mile around the Proposed Site and will serve both coverage and capacity needs by filling existing significant gaps in the ability of remote users of Verizon Wireless' wireless network to access the national telephone network As indicated in Mr. Pyles' affidavit, this site was the only site available because the other candidates were either not interested, or their property did not meet the zoning setback requirements, or the sites were rejected by RF due to coverage issues. This shows that the proposed site and type of tower are the least intrusive means to provide the needed coverage. Statement of Planning Objectives Development Schedule The development schedule cannot be provided with any certainty at this time. The start and completion dates will be determined once the site is released to construction. Once a site is awarded then we can provide the City with an estimated start date and completion date. The engineer for the project estimates that construction will take approximately 6-8 weeks from start to finish. Economic Development Information The proposed cell tower will not add any square feet of building area. There will be no associated sales per year at this site. Traffic Impact Analysis The proposed cell tower will not generate any vehicle trips per day. Statement of Planning Objectives SARAF:FIDAVIT STATE OF TEXAS § § COUNTY OF TARRA.NT § Greenbriar SAR Affidavit BEFORE ME, the 11ndersigncd authority, this day person al ly appeared Stephen P yles, who being by me first duly sworn, on oath says as follows: 1. "My irnme is Stephen Pyles. lam over the age of 18 and have never been convicted of a felony or crime involving moral turpitude. I am the Site Acquisition Representative for Verizon Wireless responsible for the Search Ring encompassing the site located al 4003 Colleyville Blvd, Colleyville Texas, 76034. I have worked as an independent contractor for Ve ri1.o n Wireless, or its predecessor, as a Site Acquisition R epresentative since 2013 . l have personal know ledge or the facts and statements contained herein and they arc aJJ tr ue and correct." 2. "Verizon Wireless issued a "Search Ring" for the site in December 10th 2013 (a true and correct copy of which is attached hereto as Exhibit A). The radius of the Search Ring i~· 11pproxi1m1tcly .25 miles. This Search Ring was primarily issued to address covcrc1ge problems <11 I fv .. y 26 and Cheek-Sparger Rel, in Co.lleyville, Texas." "I have been pers,Hrnlly involved in the identification of vi.able candida1·es and in lhc negotiations with potential lessors for this site. I contacted the candidates listed in Exhibit B. All were either not interested or did not meet the zoning setback requirements or were rejected by RP due to coverage issue." -l. "Due to the a lack of existing structures lo cated in the Search Ring, \leriznn Wireless has been severely limited on possible tower locations ." 5. "Verizon Wireless could not take advantage of a shared use/co-location opportunity because no other towers exist in the area that meet Verizon Wireless' coverage needs. There is an ex isting Crown Castle monopole 0 .87 miles northwest. After inspection by Verizon Wireless ' RF Specialists·, 'it has been determined that this towei· is · t'oo far outside of the Search Ri11 g Lo ;:idcqu;itely address Verizon Wireless' coverage needs." 6 . "William M Lemmon and Carol A. Lemmon are interested in leasing a portion or llll·:ir property lo cated at 4003 Colleyville Blvd. near Cheek-Sparger Rd. in Colleyville Texas , '/6034 (the "Proposed Site") for a te leconununications tower." 7. "Verizon Wireless certifies that the tower at the Proposed Site will be available fo:· 11sc by up to two wireless communications providers, subject only to the negotiation or n mutually acccptG1ble site lcasc(s) with s1 1ch proviclcr(s)." Affidavit Exhibits Exhibit A See attached Search Ring Greenbriar S1\R Aifala1i: Affidavit Exhibits SITE NAME-LOCATION CODE: Greenbriar Lane 287141 RF ENGINEER: Muhammad Siddiqui COUNTY/CITY: Tarra nt I Colleyville SITE COORDINATES: 32.864697 -97.16785 ISSUE: Zoning and Lack of interest from LL SUMMARY: Search ring exhausted Affidavit Exhibits Exhibit B Prospects Co ntacte d and Results Gtel:nbriar SAR AfiiJavil Affidavit Exhibits Affidavit Exhibits Affidavit Exhibits Rawland Site: Foreman Enterprise -LL backed out of possible lease . Mkeys -RF approved, construction concerned about grease trap . Colocation Sites : ATC 309318 Hurst North -Rejected by RF TXU/Oncor Brookridge and Grapevine Hwy. -Rejected by RF TXU/Oncor Chisolm Park Pool -Rejected by RF We have exhausted all areas of the search ring given. The search ring is placed in a center of a residential area. Zoning is an issue with a 2 to 1 setback on height from any residential area. Affidavit Exhibits STATE OF TEXAS § § COUNTY OF TARRANT § AFFIDAVIT Greenbriar RF Affidavit B EFORE ME, the unders igned auth ority, thi s day personally appeared Muhammad U m a r S iddi qui , who being by m e first duly sworn, o n oath says as follows: I . "My nam e is Muhammad Umar Sidd iqui. I am over the age of 18 a nd have never been co nvi cted of a fe lony or crim e involving moral turpitude. I have a MS Te lecommunications Engineering and an BS Computer Engineering degree. I h ave been working as a radio frequency s pecial ist s in ce 20 12. I have p e rson a l knowled ge of th e fac ts and statements contained herein." 2. "I am an RF Des ign Engin eer for Dallas MTA, L.P. d/b/a Verizon Wireless ("Veriz on Wire less") in the Dallas-Fort Worth Market. As a radio frequency e ng in eer, I am trained to identify gaps in coverage in wireless co mmunications systems and to assess the ability of proposed a ntenna s ites to remedy gaps in signa l coverage." 3. "Verizon Wire less is authorized by the Federal Communi cations Commi ss ion to build a wire less communica ti o ns syst e m that will provide re li able coverage w ithin th e C ity of Colleyv ill e." 4. "Verizon Wire less c urrently h as a s ign ificant gap in re liabl e co verage in the C ity o f Coll eyv ill e. A gap in coverage is ev id enced by t he in abi li ty to adequately tran smit or rece ive call s, o r by inte rrupt ed o r di sconn ected ca ll s." 5. "The signifi cant gap in re lia b le coverage that exists in the C ity of Co ll eyville prevents Veri zo n Wire less from providing seamless wireless service to current and future public and private users of it s wireless communication system in c ludin g police, fire , ambulance a nd emergency res ponse pe rsonn e l." 6. "S in ce wire less communication is used w ith increa sing freq uency to report c rimes, accidents, fir es, medi cal e mergenc ies and oth er threats to people or property, a gap in coverage represents a demonstrable thre at to public health , safety a nd we lfare." 7. "V eriz on Wireless h as conducted radio frequ e ncy s tudi es of th e area s urrounding the proposed w ire less communicati ons fac ili ty s ite located at 4003 Co ll eyville Road near Cheek-Sparger Road, Co ll eyvill e T exa s 76034 (the "Proposed Site"). Attached to this affidavit and incorporated herein by reference as Exh ibi ts A a nd B are propagati on studies depicting s imulate d rad io frequency coverage in t he area of t he Proposed S ite both before (Exhibi t A) and after (Exh ibit B) th e Proposed Site is constructe d and activated." Affidavit Exhibits G reenbriar RF Affidavit 8 . "Exllibit A is a true and accurate simulation of existing radio frequency coverage in the area of the Proposed Site and shows the location of Verizon Wireless' existing sites in and around the City of Colleyville that indicates vary in g degrees of less than optimum coverage in the general vicinity of the Proposed Site, including, without limitation, existing significant gaps in coverage. In real world terms, the colors indicate the following: Wh ite= No coverage P ink and Purple = Coverage outdoors Yellow = Coverage inside veh icles Light Greens = Coverage inside residences Darker Greens= Coverage in side commercial buildings This ev idence conclusively demonstrates Verizon Wireless' need for the Proposed S ite." 9. "Natural and man-made features such as large buildings, bills , trees, a nd ridge lin es a ll affect the way a signal travels , and can distort or obstruct rad io signals. Radio s ignals will either bounce off, bounce back or be absorbed by these obstructio ns. These constraints severe ly limit t he su itability of s ites for purposes ofremedying a gap in signal coverage." 10. "The Proposed Sit e takes into account the foregoing t opograph ic constraints and as shown in Exhibit B, following construction and activation of the Proposed Site, Verizon Wire less' coverage and capacity nee d s in the immediate area of t he Proposed Site will be substantiall y sati sfied." 11 . "We h ave performed an FCC Antenna Structure Registrat io ns Search for a o ne mile radius around the coordinates of the Proposed Site. The results of this search are attac hed and incorporated herein by reference as Exhibit C . There are thre e structures that came out of the search, one of which is terminated, the second one did not have enough headroom to support Verizon Wireless a nte nn as at the des ired height, and the third o ne was close to a mil e away and was not able to serve the target area with good coverage. This additional ev idence further demonstrate s the need for the Proposed Site." 12 . "Thi s Proposed Site will provide optimal coverage for the residen ti al a nd commercial a re as within l mile around the Proposed Site and will serve both coverage and capacity need s by filling existing significant gaps in the a bility of remote users of Verizon Wireless' wireless network to access the national telephone network." 13. "When coupled with Verizon Wire less ' existin g system, the minimum h eight to the hi ghest point of t he tower includin g t he li ghtn ing rod at the Proposed Site necessary to me et Verizon Wire less' radio frequency coverage and capacity objectives is one hundred and eight feet (I 08'). Th e Proposed Site , as designed, will substantially accom pli sh Veri zon Wireless' radio frequency goals in the area while minimi z in g any aesthetic impact to the community." Affidavit Exhibits EXHIBIT A To Affidavit of Muhammad Umar Siddiqui See attached Before Propagation Map Greenbriar RF Affidavit Affidavit Exhibits EXHIBITB To Affidavit of Muhammad Umar Siddiqui See attached After Propagation Map Greenbriar RF Affidavit Affidavit Exhibits EXHIBITC To Affidavit of Muhammad Umar Siddiqui See attached FCC Antenna Structure Registrations Study Results Greenbriar RF Affidavit Affidavit Exhibits Si t e P l a n a n d T o w e r E l e v a t i o n s Si t e P l a n a n d T o w e r E l e v a t i o n s ORDINANCE O-15-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 5R-1, BLOCK 1 OF THE ANDY FELPS ADDITION LOCATED AT 4003 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC14-027; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference Ordinance O-15-xxxx Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a second hand goods shop on Lot 5R-1, Block 1, of the Andy Felps Addition located at 4003 Colleyville Boulevard, as depicted on the attached as Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a telecommunications tower as described in Exhibit “B” and depicted on Exhibit “C” and “D”. b. The tower shall be of a monopole design and shall not exceed a height of 108 feet from the ground to the highest point of the structure as depicted in Exhibit “D”. c. The tower and all related ground appurtenances shall be located within a lease area not to exceed 700 square feet. Said lease area shall be located on the subject property per Ordinance O-15-xxxx Page 3 of 4 Exhibit “C” d. A minimum eight (8) foot tall decorative masonry wall shall be constructed around the entire perimeter of the tower lease area prior to the final inspection of the tower structure. e. At the time of building permit application for said tower, all non-compliant City code issues identified on the site that are not considered legal non-conforming as determined the city manager or his/her designee shall be brought into compliance prior to the final inspection for the tower. f. The telecommunications tower and related construction authorized by this ordinance shall meet all requirements of the Land Development Code and the Code of Ordinances, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance O-15-xxxx Page 4 of 4 The first reading and public hearing being conducted on the 3rd day of February 2015. The second reading and public hearing being conducted on the 17th day of February 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map  Exhibit “B” – Statement of Planning Objectives Exhibit “B” – Statement of Planning Objectives (cont.) Exhibit “C” – Site Plan Exhibit “D” – Tower Elevation City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3d Agenda Date 01/12/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for a Special Use Permit for a Second Hand Goods Shop on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117 Colleyville Blvd, Suite A, Case ZC14-028 Explanation The applicants, Della Greener and Sumer Morgan, have submitted a request for a Special Use Permit (SUP) to allow a second hands goods shop at 5117 Colleyville Boulevard, Suite A. The subject property is zoned CC-1-Village Retail district. A second hand goods shop is allowed in the CC-1-Village Retail zoning district with the approval of an SUP. Existing Conditions. The subject property is currently developed as a 6,588 square foot commercial building, constructed in 1985 and remodeled in 2010. Per the attached exhibit, the proposed business would occupy 2,400 square feet of lease space that is currently vacant. The remaining 4,188 square feet of the building is currently occupied by Goodwill Industries and is used as a charitable donation station, approved under SUP Ordinance O-13-1862 (attached) on January 15, 2013. Proposed Business. Per the attached Statement of Planning Objectives, the proposed name of the business is “The Attic Resale”. The business currently operates in North Richland Hills and would relocate to Colleyville upon approval of the zoning request. According to the applicant, the business will sell the following items: - women’s clothing, accessories and jewelry; - housewares; - art, frames & wall hangings; - unique antique pieces and furniture. Hours of Operation. According to the Statement of Planning Objectives, the business will operate during the following hours: - Monday: closed Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 2 - Tuesday, Thursday, Saturday and Sunday: 11:30 a.m. to 6:00 p.m. - Wednesday and Friday: 11:30 a.m. to 4:30 p.m. Similar to the adjacent Goodwill business, the hours of operation are not contained in the proposed ordinance. Parking. There are currently 27 parking spaces provided on the site. The Land Development Code requires one parking space per 200 square feet of gross floor area for a retail use. Based on this requirement, a total of 12 parking spaces are required for the proposed business. In terms of the existing Goodwill business, the Land Development Code requires one parking space per 300 square feet of gross floor area for the donation station. Based on this requirement, a minimum of 14 spaces are required for the Goodwill business, leaving adequate parking (27 spaces) available for both businesses until such time that the existing ten spaces along State Highway 26 are removed to accommodate the reconstruction of State Highway 26. It is staff's opinion that after State Highway 26 reconstruction, the remaining 17 parking spaces will adequately accommodate both the Goodwill business and the proposed second hand goods shop. This is reflected in the draft ordinance. The owner of the property, Norman Gibson, sent an email stating additional parking was added along Thompson Terrace to partially off-set the future loss of parking spaces due to the State Highway 26 reconstruction. Mr. Gibson does not believe there will be a future parking issue when State Highway 26 is reconstructed. Mr. Gibson's email is attached. Off-Street Loading/Unloading. The applicant informed staff that all loading and unloading will take place through the rear of the building along Thompson Terrace due to the fact that there is not adequate space along the State Highway 26 side of the building to safely load and unload. The ordinance states that all off-street loading and unloading shall occur through the building entrance located on Thompson Terrace. The applicant also informed staff that all merchandise stocked in the store is purchased through estate stales, local non-profit retailers and select client referrals. The applicant does not accept donations. The ordinance prohibits the outside storage of any items on the property. Signage. As required by the draft ordinance, all signage shall be consistent with the business name, "The Attic Resale", and shall not contain the word thrift, used, salvage, pawn or junk. Master Plan. The Colleyville Master Plan designates the future use of this area for retail and commercial land uses. The request is consistent with the goals and objectives of the Master Plan. Surrounding Properties. The surrounding properties are a mixture of office, retail, Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 3 and restaurant uses and are zoned CC1-Village Retail and PUD-C-Planned Unit Development Commercial. Public Notification. Staff notified 18 property owners within 200 feet of the subject property and homeowner’s associations within 500 feet of the subject property regarding this request. Notice was sent to the Grapevine-Colleyville Independent School District as required by state law. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. To date no correspondence has been received. Summary. The proposed zoning change is in compliance with the Future Land Use Plan, which designates the subject property as a future retail development area and is consistent with the surrounding zoning designations. Recommendation Approval with the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a second hand goods shop within Suite A only on the subject property as described in Exhibit “B”. b. The name of the business authorized under this ordinance shall be “The Attic Resale”. c. Signage shall be consistent with the business name and shall not contain the word thrift, used, salvage, pawn or junk. d. There shall be no outside storage of any items on the property. e. All off-street loading and unloading shall occur through the building entrance located on Thompson Terrace. f. Items authorized to be sold in said business shall be as follows: (1) women’s clothing, accessories and jewelry; (2) housewares; (3) art, frames & wall hangings; (4) unique antique pieces and furniture. g. The Special Use Permit shall automatically expire upon the abandonment of the Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 4 business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. h. After reconstruction of State Highway 26, fewer than 12 parking spaces may be permitted for this use. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Statement of Planning Objectives 6.Applicant's Exhibit 7.Site Exhibit 8.Property Owner Email Regarding Parking 9.Ordinance O-13-1862 10.Proposed Ordinance Lo c a t i o n a n d Z o n i n g M a p Lo c a t i o n a n d Z o n i n g M a p T H O M P S O N T E R OA K T I M B E R S C T M I S S I O N L N MAIN ST PIAZZA LN P L E A S A N T R U N R D VERANDA LN VIL L A G E LN RIVERWALK CT CO L L E Y V I L L E B L V D 5209 5150 5000 5005 5112 5204 5301 5201 5104 5012 5100 5108 5100 5105 5013 5108 5109 5101 5121 5200 5016 5004 5005 17 5115 5010 5101 16 5113 5113 5117 5017 13 13 5025 5025 5104 5009 5017 5109 5021 41 5201 23 34 26 50 35 50 5013 5232 35 35 55 23 2323 38 23 26 5100 263434 47 34 2626 23 37 34 53 5008 18 16 43 33 33 3535 46 33 33 16 47 33 55 20 16 51 12 51 14 30 23 23 42 33 43 12 42 51 24 5117 Colleyville Blvd, Ste. A Case ZC14-028/ Legend Properties within 200 feet Subject Property Parcels City Limit CO L L E Y V I L L E B L V D Subject Property Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Village Owners Association Inc 909 Lake Carolyn Pkwy Ste 150 Irving Texas 75039 000012 Main St Gibson, Norman C & Doris A 113 Timberline Dr S Colleyville Texas 76034 005104 Thompson Terr Pleasant Run Holdings Llc 5115 Collyville Blvd Colleyville Texas 76034 005115 Colleyville Blvd Bbtt Llc 6308 Remington Pkwy Colleyville Texas 76034 005100 Thompson Terr Bojku, Afrim 5309 Collyville Blvd Colleyville Texas 76034 005150 Colleyville Blvd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville Texas 76034 005101 Colleyville Blvd Village Owners Association Inc 909 Lake Carolyn Pkwy Ste 150 Irving Texas 75039 000000 Main St Swigart, William A 5104 Oak Timbers Ct Colleyville Texas 76034 005104 Oak Timbers Ct Carew, Pat Etux Karen 5108 Oak Timbers Ct Colleyville Texas 76034 005108 Oak Timbers Ct Mitcham, Carl D & Brian C PO Box 983 Colleyville Texas 76034 005121 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville Tennessee 37215 000000 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville Tennessee 37215 005113 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville Tennessee 37215 005109 Thompson Terr Gibson, Norman C Etux Doris A 113 Timberline Dr S Colleyville Texas 76034 005117 Colleyville Blvd Colleyville Terrace Salon & Da PO Box 337 Colleyville Texas 76034 005201 Colleyville Blvd Beam Real Estate Llc 14455 Webb Chapel Rd Farmers Branch Texas 75234 005200 Colleyville Blvd Village Owners Association Inc 909 Lake Carolyn Pkwy Ste 150 Irving Texas 75039 000013 Main St Grapevine-Colleyville ISD 3051 Ira E. Woods Ave Grapevine Texas 76051 Courtesy Notice Della Greener & Sumer Morgan 7205 Blvd 26 North Richland Hills Texas 76180 Applicant Public hearing notices were mailed Tues, Dec 23, 2014 by Taci Wrisley Notification List Statement of Planning Objectives Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Ap p l i c a n t ' s E x h i b i t Si t e E x h i b i t From: Norman Gibson Date: Fri 1/9/2015 6:35 AM To: Adam Marsh Dear Mr. Marsh, A few years ago we extensively remodeled 5117 Colleyville Blvd, taking down part of the building (1600 sq ft) to make room for the expansion of Main St/Thompson Terrace and Hwy 26, losing the Donut Palace and all that income. At that time we were granted a variance from the city for the 17 parking spaces left to us since this road expansion was going to take all our parking on Hwy 26 side. This was discussed several times and I was told that there would be no problem from the city meaning the variance solved any and all problems. If there was going to be a problem, the city wouldn't have allowed me to remodel. Goodwill has two employees and the Attic will have two also meaning there might be a total of maybe four spaces taken by the employees leaving thirteen for customers which should be plenty. When PCHelp (the computer place) was there with Goodwill, there was never a problem with parking and I see no future problems. This variance was granted by the city due to the grandfather clause. Of course if there isn't enough parking for me to have a business, the city can always buy the building and due what ever it wants to do. But since there was always plenty of space for parking in the past, I see no problem with the future. Besides, there's a lot more parking there than Colleyville Village has. Thank you Norman Gibson ORDINANCE 0-13-1862 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 8A, BLOCK 1 OF THE THOMPSON TERRACE SUBDIVISION LOCATED AT 5117-B COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CHARITABLE DONATION STATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS 2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC12-027; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference Ordinance 0-13-1862 Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a charitable donation station on Lot 8A, Block 1, of the Thompson Terrace Subdivision located at 5117-B Colleyville Boulevard, as depicted on the attached as Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a Goodwill Industries charitable donation station on the subject property. b. There shall be no overnight parking of any tractor-trailers or trailers on the property. c. There shall be no outside storage of any items on the property. Ordinance 0-13-1862 Page 3 of 4 d. Donated items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. e. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. f. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 8th day of January 2013. Ordinance 0-13-1862 Page 4 of 4 The second reading and public hearing being conducted on the 15th day of January 2013. PASSED AND APTROVED by the City Council of the City of Colleyville, Texas, on this the f --day of J f n( 4rj 2013. ATTEST: CITY OF COLLEYVILLE Amy‘-'4' elley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: i\NN k., Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map i ° . 5301 1fICU1I1L4 f r pr,-„-, ,. A:,..., t -m.:*,t: N-:,:i: W. 5114 I r t 1 aI i 511 8 51 W 5;. gam 1 sG , AG m` 5117 I ig51{ I 5100 ioi I 5€335 w 9 did idil sot 5Q1501 5020 O 5017it i Ftspas di ORDINANCE O-15-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 8A, BLOCK 1 OF THE THOMPSON TERRACE SUBDIVISION LOCATED AT 5117-A COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A SECOND HAND GOODS SHOP; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC14-028; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference Ordinance O-15-xxxx Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a second hand goods shop on Lot 8A, Block 1, of the Thompson Terrace Subdivision located at 5117-A Colleyville Boulevard, as depicted on the attached as Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a second hand goods shop within Suite A only on the subject property as described in Exhibit “B”. b. The name of the business authorized under this ordinance shall be “The Attic Resale”. c. Signage shall be consistent with the business name and shall not contain the word thrift, used, salvage, pawn or junk. Ordinance O-15-xxxx Page 3 of 4 d. There shall be no outside storage of any items on the property. e. All off-street loading and unloading shall occur through the building entrance located on Thompson Terrace. f. Items authorized to be sold in said business shall be as follows: (1) women’s clothing, accessories and jewelry; (2) housewares; (3) art, frames & wall hangings; (4) unique antique pieces and furniture. g. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. h. After reconstruction of State Highway 26, fewer than 12 parking spaces may be permitted for this use. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit Ordinance O-15-xxxx Page 4 of 4 its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of February 2015. The second reading and public hearing being conducted on the 17th day of February 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Statement of Planning Objectives