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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-06/13/2016 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 13, 2016 City Council Chambers PRE COMMISSION MEETING 6:30 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 Davis PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES May 9, 2016 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Planning and Zoning Commission Agenda June 13, 2016 City of Colleyville Page 2 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of an amendment to the PUDC-Planned Unit Development Commercial District on Lots 1R, 2, and 3, Block 1 of the Village Park Addition, located at 1001, 1005, and 1009 Glade Road, Case ZC16-009 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 10, 2016, by 5:00 p.m. Araceli Botello Planning Technician 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 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 9, 2016 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by the Chairman Byerly on May 9, 2016, at 7:00p.m. Roll Call Present: Commissioners, Jason Elms, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Shane Pace, Abra Nusser, Oscar Chavez, Cheryl Taylor, Rob McKeown, Matthew Butler (City Attorney), and Araceli Botello 1. APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the April 11, 2016 minutes as written. Commissioner Davis seconded. The motion to approve the April 11, 2016 minutes as written carried by the following vote: Aye: 7 – Elms, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM Julia Barth, 4810 Shadywood Lane, came forward and spoke regarding her property located at 5120 S.H. 121 (previously Mac’s Bar and Grill) and the forthcoming Drunken Donkey restaurant. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district on Tracts 1A01H1 and 1A01G, of Abstract 1756, in the A T Young Survey, located at 4916 and 4928 Bills Lane, Case ZC16-002. Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:05 p.m. There being no one wishing to speak, the public hearing was closed at City of Colleyville Page 2 Planning and Zoning Commission Commission Minutes May 09, 2016 7:06 p.m. Commissioner Wheelwright made a motion to withdraw Case ZC16-002. Commissioner Tornes seconded. The motion to withdraw carried by the following vote: Aye: 7 – Elms, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3b Consideration of a replat (Proposed Lots 1R1 & 17, Block 3, of the Highland Acres Addition), of Lot 1R, Block 3, of the Highland Acres Addition, and Tracts 1B &1B2, Abstract 206, of the B.B.B. & C.RR Survey, located at 5108 Bransford Road, 409 Timberline Drive South, and 411 Timberline Drive South, Case PC16-004. Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:08 p.m. Kathy Hadley, 204 North Timberline, came forward and spoke in opposition to this case. There being no others present wishing to speak, the public hearing was closed at 7:12 p.m. Commissioner Davis made a motion to approve Case ZC16-004. Commissioner Gotcher seconded. The motion to approve carried by the following vote: Aye: 7 – Elms, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 7:14 p.m. The minutes were written and prepared by: City of Colleyville Page 3 Planning and Zoning Commission Commission Minutes May 09, 2016 Shane Pace Principal Planner The meeting minutes were approved on __________ 2016, by a vote of _____. 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 06/13/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of an amendment to the PUDC-Planned Unit Development Commercial District on Lots 1R, 2, and 3, Block 1 of the Village Park Addition, located at 1001, 1005, and 1009 Glade Road, Case ZC16-009 Explanation Terry Lyons, the applicant, has submitted a request to amend the PUD-C – Planned Unit Development Commercial zoning on approximately 1.68 acres, located 1001, 1005, and 1009 Glade Road. As requested, the amendment would expand the permitted principal land uses on the subject property. The intent of the amendment is to achieve zoning compliance by permitting all existing land uses on the subject property not currently permitted by the governing PUD-C ordinance. Existing Conditions: The subject property is currently platted as Lots 1R, 2, and 3, Block 1 of the Village Park Addition and generally located at the southwest corner of Glade Road and Bedford Road. The subject property consists of three commercial buildings with a variety of tenants. Zoning: The subject property is currently zoned PUD-C – Planned Unit Development Commercial. The subject property was rezoned from the CC-1 Village Retail District and R-20 Single Family Residential District to PUD-C in May of 1996 by ordinance O- 96-1024. Statement of Planning Objectives: The applicant submitted a Statement of Planning Objectives which is attached for review. Included in the Statement of Planning Objectives, the applicant provided a detailed list of the current tenants, and their respective tenure on the subject property. As noted, a number of the existing businesses which are not in compliance with the PUD-C zoning have been operating on the subject property for many years. Proposed Zoning Change: The governing PUD-C (Ordinance O-96-1024) stipulates that all uses must comply with the CPO–Professional Office District. The applicant is requesting to amend the existing zoning on the property to allow for the addition of the permitted principal land uses of the CN-Neighborhood Commercial District as well as one additional permitted principal land use of the CC-1 Village Retail District: Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 1.Apparel and Accessory Stores The CPO zoning district does not permit three of the existing land uses on the subject propert (apparel and accessory stores; beauty shops or day spas; restaurants, cafes and cafeterias). This limitation in the zoning appears to have been overlooked when Certificate of Occupancy applications were approved in the past. The applicant is requesting to allow the existing restaurant (Mr. Jim’s Pizza) to continue operations at this location, without permitting future restaurants on the subject property. Should the request be approved, the ordinance will include the following special ordinance provision: “upon termination or abandonment of the existing restaurant use, future uses shall thereafter conform to the regulations applicable to the governing zoning ordinance.” Table 3.24 B, Schedule of Permitted Principal Uses, details the permitted land uses for each zoning district located within the City. The following excerpt identifies the permitted principal land uses for the CPO and CN Districts: *P-Permitted; S-Special Use Permit; Gray-Not Permitted CPO CN F. Office Uses Accountant’s Offices P P Advertising Agencies P P Attorney Offices P P Chiropractic Clinics P Engineering, Architect’s, and Surveyor’s Offices P P General Business Offices not elsewhere listed P P Insurance Agencies P P Management and Public Relations Services Offices P P Optometrist Office P Psychologist Offices P P Physician’s or Dentist’s Offices P Real Estate Agency Offices P P Security Broker Offices P P Title Abstract Offices P P Travel Agency/ Airline Ticket Offices P P CPO CN G. Retail and Services Uses Alcohol or Drug Treatment Center S S Banks, Credit Unions and Financial institutions P Barber Shops, Beauty Shops, and Day Spas P Cemeteries or Mausoleums S S Civic, Social or Fraternal Organizations S S Copy Centers/Print Shops S S Dance Studios and Martial Arts Studios S S Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Day Care Centers S S Dry Cleaner Pick-up Stations S Florist Shops P Hardware, electrical & plumbing w/o outside display P Interior Decoration Stores P P Locksmiths S Jewelry Stores P Mailing and Shipping Stores P Pharmacy S Photography Studios P P Self-service Laundries S Shoe Repair Shops P Tailor and Alteration Shops P CPO CN H. Recreational and Entertainment Uses Golf Courses- Privately Owned P P Commercial Recreation (outdoor) S I. Automotive and Transportation Uses Airports and Heliports S S Auto Parking Lots and Garages (free standing)S S Additional Land Uses Requested to be Permitted Apparel and Accessory Stores Restaurants, Cafes and Cafeterias Analysis: The governing PUD-C does not permit the principal land uses for four of the seven existing tenants currently operating on the subject property, thus resulting in a zoning violation. When a property is occupied by a land use not permitted in the governing zoning district, or the governing zoning ordinance, a zoning violation occurs. The zoning violation on the subject property was discovered by staff after receiving an inquiry from a prospective tenant (DFW MedSpa). Upon discovering the violation, the property owner (Terry Lyons) made application to amend the PUD-C in an effort to address all outstanding zoning violations, and bring all existing land uses into compliance. Although the nonconforming land uses were approved by previous City staff through the issuance of a Certificate of Occupancy, the subject property remains in violation of the governing zoning. Section 1.8 of the Land Development Code clearly determines that the issuance of a Certificate of Occupancy, in no way constitutes approval of a violation to the zoning regulations. Chapter 1 (General Provisions) of the Land Development Code establishes the requirements for compliance with the Land Development Code and all other ordinances within the jurisdiction of the City. Further, Section 1.8-Compliance Required states: Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 4 “…No approval, authorization to proceed, or issuance of any certificate or permit shall be construed as an approval of a violation of the provisions of this document or of other ordinances of the City of Colleyville. Certificates presuming to give authority to violate or cancel the provisions of this document or of other ordinances of the jurisdiction shall be void.” The request to amend the PUD-C by including all CN-Neighborhood Commercial land uses along with one additional land use from the CC-1 Village Retail District (Apparel and Accessory Stores), and the conditioned approval of the existing restaurant (Mr. Jim’s Pizza) will resolve all zoning violations on the subject property. Further, it will allow for the property owner to fully lease the remaining space to tenants of similar land uses to those existing today. The existing land uses along with the requested amendment, are generally consistent with the surrounding commercial land uses. Therefore, the proposed amendment should not have adverse impacts on adjacent properties. Finally, staff conducted a parking analysis which is attached for review to ensure current and future zoning compliance. The analysis evaluated parking for all existing tenants, as well as any proposed future tenants (i.e. DFW MedSpa). The results of the parking analysis identify 68 parking spaces on the subject property, with a total of 64 spaces required, per the existing land uses. Based on this information the property is currently in compliance with the parking regulations of Chapter 3 (Land Use) of the Land Development Code. Additionally, there are no anticipated parking compliance issues should the subject property be fully leased. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached zoning and aerial maps: CC-1 Village Retail (Undeveloped) R-20 Single Family Residential (Single Family Home) PUD-C Planned Unit Development – Commercial O-07-1643 (Office Use) CC-1 Village Retail (Shandorza Spa & Salon) Subject Property PUD-C Planned Unit Development – Commercial O-96-1024 (Commercial Uses) R-20 Single Family Residential (Single Family Home) R-20 Single Family Residential (Single Family Home) R-20 Single Family Residential (Single Family Home) R-20 Single Family Residential (Single Family Home) Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property as located within the Commercial land use. This land use Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 5 category is comprised of commercial development (e.g., retail, professional services, office). The current character of these areas is dominated by streets, access driveways, and surface parking areas that are frequently located in the front of the building. Moving forward, the desired character of these commercial areas is more visually attractive development with architectural styles that are less residential in character, have less parking along the front, and improved landscaping. These land uses are generally found along the major roadways of Precinct Line Road, SH 121, and Cheek- Sparger Road in order to take advantage of larger volumes of traffic. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per 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. Staff Recommendation: The requested PUD-C amendment will address all zoning violations on the subject property and bring the site into compliance. Additionally, the proposed addition of CN-Neighborhood Commercial District permitted principal land uses, along with “Apparel and Accessory Stores” should not adversely impact the surrounding properties. Staff recommends approval. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Zoning Exhibit 6.Parking Analysis 7.Notification Map 8.Notification List 9.Existing Ordinance (O-96-1024) 10.Draft Ordinance G L A D E B E D F O R D OLD GLADE T H O M P S O N J O C A R O L O A K T I M B E R S R-20 CC-1 R-MF PUD-C PUD-C CN PUD-C PUD-C CN 800 5005 4800 1001 1105 1101 1100 1009 5000 1001 1100 710 4921 5004 5001 5005 5000 1005 4925 4917 4909 1104 1104 49054913 4928 4935 1105 1100 1104 ZC16-009 1001, 1005, 1009 GLADE ROAD Subject PropertyI1 inch = 10 4 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP G L A D E B E D F O R D T H O M P S O N OLD GLADE J O C A R O L O A K T I M B E R S 800 5005 1105 4800 1001 1100 1009 5000 1101 1100 1001 1104 5004 1104 4921 5001 5005 5000 1005 4925 1105 5009 4917 49094913 4905 5004 50055008 710 ZC16-009 1001, 1005, 1009 GLADE ROAD Legend Subject Prop ertyI1 inch = 10 4 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP G L A D E B E D F O R D T H O M P S O N 1001 800 1009 1001 4800 1005 4921 ZC16-009 1001, 1005, 1009 GLADE ROAD Subject Property RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE COLLEYVILLE BLVD CORRIDORI1 inch = 58 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP Glade Road Capital, LLC P O Box 1821 Colleyville, Texas 76034 (817) 992-0505 May 27, 2016 Mr. Shane Pace Principal Planner Community Development City of Colleyville Re: Statement of Planning Objectives and Request for Zoning Amendment 1001, 1005, and 1009 Glade Road, Colleyville, Texas 1.688 acres out of the T.J. Polson Survey, Abstract 1248, Tracts 1B, 1B2, 1B1, and 1B1B Dear Shane: We are requesting that the Planning and Zoning Commission amend the current PUD for the above referenced property by adding the Permitted Principal uses of CN and the following individual uses. Apparel and Accessory Stores These three properties were purchased individually by Glade Road Capital, LLC on the below dates: 1009 Glade Road Building – purchased in January, 2003 1001 Glade Road Building – purchased in November, 2004 1005 Glade Road Building – purchased in April, 2005 For property tax purposes, the Tarrant Appraisal District considers the three buildings as one retail center. The below tenants have occupied the three buildings for several years: 1001 Glade Road Building Suite 100 Mr. Jim’s Pizza since April, 2007 Suite 110 GirliGirl Boutique since December, 2006 Suite 120 Colleyville Chiropractic since July 2014 (Prior to July 2014 occupied 1009 building since prior to Jan 2003) Suite 130 Vacant (possible Yoga studio) 1005 Glade Road Building GRC Professional Executive Suites since May, 2014 1009 Glade Road Building Suite A B. Haute Salon since October, 2014 Suite B Vacant (possible Beauty Salon) Suite C Classis Image Salon since August, 2009 Suite D Excellent Living Ministries since November, 2014 Suite E Vacant (possible Day Spa) The buildings were originally zoned CC-1 but changed to PUD-C in April 1996. The area surrounding the buildings has changed significantly over the 20 years. There are several beauty salons and day spas located in the area. We are requesting that the Planning and Zoning Commission and City Council approve the amended uses in order to bring the buildings into compliance with the City of Colleyville zoning for the tenants that have occupied the three buildings for almost a decade and future possible tenants. If you have any questions, please give me a call at (817) 992-0505 Best regards, Terry Lyons Owner G L A D E R D BEDFORD RD THOMP S O N T E R 10 0 9 G l a d e R d 10 0 1 G l a d e R d 10 0 5 G l a d e R d 0 10 0 20 0 50 Fe e t Lo t B o u n d a r i e s Ci t y S t r e e t s 1 i n c h e q u a l s 1 6 f e e t N Sc a l e d P a g e S i z e : 2 4 x 3 6 Zoning Exhibit ZC 1 6 - 0 0 9 - P U D C A m e n d m e n t 10 0 1 , 1 0 0 5 , 1 0 0 9 G l a d e R o a d Glade Road Capital, LLC As of June 1, 2016 Rentable Parking Parking Leased Ratio Required Suite #Tenant Sq. Ft. 1001 Glade Road Building 100 Goalmet Enterprises, LLC 1,326 1/200 6.63 dba/ Mr. Jim's Pizza 110 ETC Special Marketing, Inc.1,552 1/200 7.76 dba/ GirliGirl Gifts 120 Dr. Alicia Castello - Colleyville Chiropractic 1,174 1/300 3.91 130 Vacant 988 5,506 Total Parking Required 18.30 Total Parking Provided 30 1005 Glade Road Building 1005 GRC Executive Suites 5,891 1/300 19.64 5,891 Total Parking Required 19.64 Total Parking Provided 13 1009 Glade Road Building A B. Haute Salon 858 1/200 4.29 B Vacant (Potential Salon Expansion)650 1/200 3.25 C M K Wallace Enterprises, Inc.1,070 1/200 5.35 and Kristy Wallace dba/ Classic Image Salon D Excelent Living Ministries 1,178 1/200 5.89 E Vacant (Potential MedSpa)1,339 1/200 6.70 Total Parking Required 25.48 Total Parking Provided 25 Summary Total Parking Required 63.42 Total Parking Provided 68 G L A D E B E D F O R D OLD GLADE T H O M P S O N L A K E W O O D GARRY LYNNE J O C A R O L O A K T I M B E R S C O L L E Y V I L L E G L A D E C R E E K 5005 710 800 1105 4800 1001 5005 1104 5004 1101 1100 1105 707 1100 1009 5000 1104 1104 700 1100 5003 5009 1001 1112 1108 4801 5016 4922 4921 5004 5020 1100 1108 4917 4905 905 5001 1109 5005 5000 1005 4928 4925 5017 4932 1104 4843 4917 4909 5000 4901 5008 4913 4910 1105 4914 5012 4918 5013 4936 4913 11011004 5013 1117 4935 1116 4821 12 10084944 10124940 ZC16-009 1001, 1005, 1009 GLADE ROAD Subject_Property 200 ft Buffer Properties within 200 ftI1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address ACROPOLIS INC 15233 VENTURA BLVD SUITE 1160SHERMAN OAKS, CA 91403 5001 THOMPSON TERR ACROPOLIS INC 15233 VENTURA BLVD SUITE 1160SHERMAN OAKS, CA 91403 5005 THOMPSON TERR BONEY, TRAVIS 4925 LAKEWOOD DR COLLEYVILLE, TX 76034 4925 LAKEWOOD DR DELGADO, MARK ETAL 5000 THOMPSON TERR COLLEYVILLE, TX 76034 5000 THOMPSON TERR ESCOBAR, ROSA 4804 BEDFORD RD COLLEYVILLE, TX 76034 GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 1005 VILLAGE PARK DR GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 1009 GLADE RD GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 1001 VILLAGE PARK DR HOA - LAKEWOOD ESTATES 6707 BRENTWOOD STR RD FORT WORTH, TX 76112 4921 LAKEWOOD DR HOLLAND, AXEL 1100 JO CAROL ST COLLEYVILLE, TX 76034 1100 JO CAROL LN KING, DALE L PO BOX 371 COLLEYVILLE, TX 76034 5000 OAK TIMBERS CT MOORE, VICKI LYNN EST PO BOX 134 COLLEYVILLE, TX 76034 1101 JO CAROL LN NOBEL SOURCE COMPANY LLC 640 S HILL ST STE 341 LOS ANGELES, CA 90014 800 GLADE RD PETERSON, BARBARA LISA 1104 JO CAROL ST COLLEYVILLE, TX 76034 1104 JO CAROL LN PREMIER OFFICE EQUITIES 1117 GLADE RD STE 140 COLLEYVILLE, TX 76034 1117 GLADE RD SEHAT, MAJID 4800 BEDFORD RD COLLEYVILLE, TX 76034 4800 BEDFORD RD THOMPSON BENJAMIN ETUX YEE-PIN 1100 GLADE RD COLLEYVILLE, TX 76034 1100 GLADE RD Y2KITCHEN PROPERTIES LLC 5003 COLLEYVILLE BLVD COLLEYVILLE, TX 76034 710 GLADE RD LAKEWOOD ESTATES c/o Lakeridge Property Management P.O. BOX 1018 COLLEYVILLE, TX 76034 COURTESY NOTICE GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, May 27, 2016 by Araceli Botello ORDINANCE 0-96-1024 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.688 ACRES OUT OF THE T.J. POLSON SURVEY, ABSTRACT 1248, TRACTS 18, 182, 181, 1818, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE CC-1 (VILLAGE RETAIL) AND R20 (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE 20,000 S.F.) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT- COMMERCIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by William Mitchell, President, Cavallino Properties, LTD, on March 05, 1996 under Case No. Z-96-052; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the CC-1 and R20 districts to the PUD-C district Ordinance 0-96-1024 Page 2 of 7 together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to: the Statement of Planning Objectives which is Attachment 1 to this ordinance; the Conceptual Site Plan, which is Attachment 2 to this ordinance; and subject to the following conditions: A, Final location of buildings subject to horizontal site distance limitation to be approved by the Development Review Committee and noted on the final plat. B. The following tree preservation plan: 1, Total preservation on site shall be required for all trees with a diameter of 20 inches or greater. 2. After preservation of all trees 20 inches or greater, 100% exemption of Mulberry and Cottonwood trees under the building foot print shall be permitted and a 90% exemption of all other caliper inches under the foot print shall be permitted. 3. After a calculation of the total caliper inches outside the footprint including those trees which must be preserved, 20% of the caliper inches outside the foot print shall be exempt. C. With the exception of setback requirements established by this concept drawing and the final plat, all other land use, area, parking, landscaping, screening, design and administrative provisions of the CPO district shall apply, Sec. 2.Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such, Sec. 3,The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law, Ordinance 0-96-1024 Page 3 of 7 AND IT IS SO ORDERED. Th~$~ i reading and public hearing being conducted on the 1996. Th}A~eynd reading and public hearing being conducted on the 1996. CITY OF COLLEYVILLE ctJdL Ed Baker Mayor Je Harris, CMC City Secretary A* MAND LEGALITY: Ross T. Foster City Attorney J~~ day of 7 ~ day of J' COL\...t.' 38 R-20 I 181A I 1V RMF-SUP 4 I 11 I 8 7 1 o 11 12 13 1415 16 17 18 I 10 I 11 ORDINANCE 0-96-1024 EXHIBIT "A" EXHIBIT A ZONING CHANGE REQUEST from CPO & R-20 to PUD-C PROPERTY DESCRIPTION BEING all that certain tract, parcel, or lot ofland located in the T. J. POLSON SURVEY, Abstract No. 1248, Tarrant County, Texas, and more particularly described as follows BEGINNING at a point at the intersection of the south right-of-way line of Glade Road (a 6S foot right-of-way) and the west right-of-way line of Bedford Road (a variable width right-of-way); THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE S 00001'31 w E, 282.71 feet along the west right-of-way line of said Bedford Road; departing said west right-of-way line N S~4'43w W, 161.0S feet to a point; North, 10.49 feet to a point; S 880S7'24w W, 116.S7 feet to a point; N SgoSS'24w W, 117.93 feet to a point in the southerly right-of-way line of Village Park Drive a 70 foot right-of-way dedicated to the City of Colleyville by plat recorded in Volume 388-19S, Page 23, Plat Records, Tarrant County, Texas; N 48002'33w E, 163.02 feet along said right-of-way line to the beginning of a tangent curve to the left, with a central angle of 260SS'23", a radius of 260.00 feet, a tangent length of 62.36 feet, and a long chord which bears N 34"33'21" E, 121.27 feet; an arc length of 122.40 feet along said tangent curve and along said right-of-way line to the beginning of a tangent curve to the right, with a central angle of 6go04'33", a radius of 100.00 feet, a tangent length of 68.S3 feet, and a long chord which bears N SS"36'26" E, 113.39 feet; an arc length of 120.S6 feet along said tangent curve to a point in the south right-of-way line of the aforementioned Glade Road; S SgoSI'19w E, 111.61 feet to the POINT OF BEGINNING, containing 1.6688 Acres (72,692 square feet) of land, more or less. ORDINANCE 0-96-1024 EXHIBIT "B" 500 Grapevine Highway, Suite 375 Hurst, Texas 76054 817/485-0707 Metro 817/498-3077 Cavallino Properties, LTD. March 8, 1996 City of Colleyville City Council and Planning cSt Zoning Commission P. O. Box 185 Colleyville, Texas 76034 RE: Property along the south side of Glade Rd. between Village Park Drive and Bedford Road Dear Ladies &: Gentlemen: At the request of the planning staff we are writing this letter to describe our intentions for development on the referenced property. We are requesting PUD-C zoning to allow the construction of commercial buildings on this property. We anticipate build-to--suit opportunities of Office or Professional use, primarily in smaller buildings that can be nestled among the trees on this site. We anticipate that construction will begin on the first building in the next 12-18 months. We thank you for your consideration on this zoning request and look forward to working with the city on this project. Siricer y,:~ William R. Mitchell General Partner, Cavallino Properties, Ltd. ORDINANCE 0-96-1024 STATEMENT OF PLANNING OBJECTIVES ATTACHMENT 1 L' ~ i l' j~.:.. ~~ !.;~ h II ' .! ~ II:: !~Ji ~':r~ . Sii j, ~ . 1- '1181: &s&..~' I.. ....... i" I '~'l i.:~' j,ilZ j. ~j1i ;.-1 1 z ,.Ii.!~ 'C"Pi" .}!ja ;1 .... Ju I.~.' J{ V'~ I~'S 3.!.J 3i P51i ...-'~:.: U:30 fJ"__ ~...~ it t i .i, i I . .,Yl rh{, 13.h "r his. , M' '&Ji '1;~- 1"~~ I' .~J! il~ j~ ~ 11 jt.; Ii":!: I.S! H j~ir~ .J ~l . ~ ;"1_. a:~~~ ~f!.~ ~~-.~ 5 1z~ !ti ~~., J ~ ,,~.; 2'~~w ~...} ~,t~. if" ii IZ,.~ .. i - -'z.al!:... -_':i-- ;.!o-j" ',nO =:1 f -i' !1~ ~~ 2. - .. !~ w4"~ .~.-{ lJJ.~ i !j ~ ~ ):H.3 En~ f1a.:JJ hj ~:rj l'. ~, $8 .; ~n!i ~::i~ ; '''';~ ;ii = ;j: f ~J~ .~ f! I . aU!! ..u} If~2E .:. .i! l~f 'j r I.r ~ ~ ~ ~ ~ I: i dt = i i i i I :'1 E-= en;:: c;.... ~ E-_ Co: l; ::: r::; C 0- - . J - >- I ~t:.:-~ L.c.; 0:::_> OZ~ /-oc..;::lO::: e,:,....<t: 0< := Z =~.... -::::n u a: Z - a:=ZCe,:, I CO CN ~t3 CO ~ z c C:;:: Q. NO E- I i II I~ I,:. r,'~ t;,t" i~l 1; I II i;~ Ie ~~ i I i ';;~ill! I I:~ ... Io. i! :: a:s .. d~: g ;!! Ii; ~ il:i r~ ~a I00 ilil I b~ I Iu Ii -. u... I I 1 ii~ id ii;: i.t1 H! DnIltU SlOSdJIORL I'~ t; t.! q I I I I I I j= if~ii J.~~I~ q ORDINANCE 0-96-1024 CONCEPTUAL SITE PLAN ATTACHMENT 2 I~ Iii,' iN I: r. C o t.l il Ji:i EE:' I II~~~! i!i~n ~B~o ,,'~I. I i~;;~~ il!~i ; i ~ .! ...! Ii ~ a~ E, 0 t.l o U mm~=~ mg;~:~ ohH~-I""...,."'" ng-i<z. 8;i;l~e; li":' O,,'~~3 g:i1i1~ ~ grw i 2~!f 8~ fig ~ 5~ II Gt ~~ "" Q..:I::;~ 3==;;=::- Q_. ~~.2S GlO~= S-e IO~>''''~ g; ~=]:B~.: c'1l.~""f..!S i;~..!~ ;.:~a;=~ Q..-="3" CJ.2_JJC!v"" V\lO:._ i== CIO c~..;IJ=;=~. 2"";~ t:; ~.2 ~ Q "3.: B.s ~~ ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.68 ACRES, LOTS 1R, 2, AND 3, BLOCK 1, OF THE VILLAGE PARK ADDITION, LOCATED AT 1001, 1005, AND 1009 GLADE ROAD, FROM THE PUD-C – PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT TO THE PUD-C – PLANNED UNIT DEVELOPMENT COMMERCIAL 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 rezoning under Case ZC16-009; 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; and 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-16-xxxx Page 2 of 3 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 changing the zoning on 1.68 acres, Lots 1R, 2, and 3, Block 1 of the Village Park Addition, located at 1001, 1005, and 1009 Glade Road, from the PUD-C – Planned Unit Development Commercial District to the PUD-C – Planned Unit Development Commercial District, as depicted in the attached Exhibit “A” and Exhibit “B”. 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.The permitted principal land uses of the CPO-Professional Office District, and CN- Neighborhood Commercial District shall be the only permitted land uses on the subject property except as amended by this ordinance. b.The following additional land use shall be permitted on the subject property: a.Apparel and Accessory Stores Ordinance O-16-xxxx Page 3 of 3 c.Upon termination or abandonment of the existing restaurant use, future uses shall thereafter conform to the regulations applicable to the governing zoning ordinance.” 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. 6.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. 7.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 RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short Ordinance O-16-xxxx Page 4 of 3 ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map R40 Exhibit “B”- Metes & Bounds Description BEING all that certain tract, parcel, or lot of land located in the T. J. POLSON SURVEY, Abstract No. 1248, Tarrant County, Texas, and more particularly described as follows BEGINNING at a point at the intersection of the south right-of-way line of Glade Road (a 65 foot right-of-way) and the west right-of-way line of Bedford Road (a variable width right-of-way); THENCE S 00°01'31" E, 282.71 feet along the west right-of-way line of said Bedford Road; THENCE departing said west right-of-way line N 89°24'43" W, 161.08 feet to a point; THENCE North, 10.49 feet to a point; THENCE S 88°57'24" W, 116.57 feet to a point; THENCE N 89°58'24" W, 117.93 feet to a point in the southerly right-of-way line of Village Park Drive (a 70 foot right-of-way dedicated to the City of Colleyville by plat recorded in Volume 388-195, Page 23, Plat Records, Tarrant County, Texas; THENCE N 48°02'33" E, 163.02 feet along said right-of-way line to the beginning of a tangent curve to the left, with a central angle of 26°58'23", a radius of 260.00 feet, a tangent length of 62.36 feet, and a long chord which bears N 34°33'21" E, 121.27 feet; THENCE an arc length of 122.40 feet along said tangent curve and along said right-of-way line to the beginning of a tangent curve to the right, with a central angle of 69°04'33", a radius of 100.00 feet, a tangent length of 68.83 feet, and a long chord which bears N 55°36'26" E, 113.39 feet; THENCE an arc length of 120.56 feet along said tangent curve to a point in the south right-of-way line of the aforementioned Glade Road; THENCE S 89°51'19" E, 111.61 feet to the POINT OF BEGINNING, containing 1.6688 Acres (72,692 square feet) of land, more or less. Date: I—P—Ap SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition AgendaI Nu ber: Name: Address: 1 City: G`t ( State: Zip Code: G �� Telephone Num4r: Representing: (org ni ation/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in cc dance with the Texa pen Meetings Law, Chapter 551 of the Texas Local Gy�nmetzt Code. Signed: