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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/14/2016City 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, November 14, 2016 City Council Chambers PRE COMMISSION MEETING  6:15 P.M.  EXECUTIVE CONFERENCE ROOM  THIRD FLOOR SWEARING IN OF NEWLY APPOINTED COMMISSIONERS  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. ELECTION OF A CHAIR AND VICE CHAIR  2. APPOINTMENT OF A RECORDING SECRETARY  3. APPOINTMENT TO THE PARK LAND DEDICATION COMMITTEE  Planning and Zoning  Commission Agenda November 14, 2016 City of Colleyville                                                                                    Page 2 4. APPROVAL OF MINUTES   October 10, 2016 5.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON  THE AGENDA 6.PUBLIC HEARING AGENDA ITEMS     6a  Consideration of a Special Use Permit for an Accessory Building  larger than permitted on Lot 9, Block 2, of the Briarwood­Colleyville  Addition, located at 6001 Quality Hill Road, Case ZC16­013, tabled  from October 10, 2016 meeting       6b Consideration of a replat on Lots 3, 4, and 5, Block 2, of the Jewell  Estates Addition, located at 6603, 6503, and 6501 Diamond Court,  Case PC16­012     6c Consideration of a Special Use Permit for an Accessory Building  larger than permitted on Lot 3, Block 2, of the Jewell Estates  Addition, located at 6603 Diamond Court, Case ZC16­018       6d Consideration of a zoning change from the AG­Agricultural district to  the CN­Neighborhood Commercial district on Abstract 206, Tract 3A,  in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, Case  ZC16­019   7.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday,  November 11, 2016 by 5:00 p.m. Araceli Botello Planning Technician Planning and Zoning  Commission Agenda November 14, 2016 City of Colleyville                                                                                    Page 3 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, October 10, 2016 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 October 10, 2016, at 7:13 p.m. Roll Call Present: Commissioners, Carl Tornes, David Wheelwright, Jason Elms, Jeff Byerly, Jim Gotcher, Don Davis, and David Phelps Staff Present: Shane Pace, Ben Bryner, Oscar Chavez, Rob McKeown, Chief Brian Riley, Araceli Botello, and Matthew Butler (Assistant City Attorney) 1. APPROVAL OF MINUTES Commissioner Davis made a motion to approve the September 12, 2016 minutes as corrected. Commissioner Phelps seconded. The motion to approve the September 12, 2016 minutes as corrected carried by the following vote: Aye: 7 –Tornes, Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a replat on Lots 16 (South ½) & 17R, Block 1, of the Bettinger Place Addition, located at 6309 Bettinger Drive, Case PC16- 010 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:17 p.m. The applicant, Debra Perryman, 2805 Market Loop, Suite 100, City of Colleyville Page 2 Planning and Zoning Commission Minutes October 10, 2016 Southlake, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 7:19 p.m. Commissioner Tornes made a motion to approve Case PC16- 010. Commissioner Elms seconded. The motion to approve Case PC16-010 carried by the following vote: Aye: 7 – Tornes, Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 3b 3c Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, Case ZC16-013 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:22 p.m. The applicants, Michael and Angela Meierhofer, 6001 Quality Hill Road, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 7:37 p.m. Commissioner Phelps made a motion to continue Case ZC16- 013 to the November 14, 2016 Planning and Zoning Commission meeting. Commissioner Gotcher seconded. The motion to continue Case ZC16-013 to the 10, 2016 Planning and Zoning Commission meeting carried by the following vote: Aye: 6 – Tornes, Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of an amendment to the PUD-R Planned Unit Development–Residential district to amend the front building line on lots 1-9, Block 1, of the Carmel Place Estates Addition, located at 4916, 4912 4908, 4828, 4824, 4820, 4816, 4812, and 4808 Carmel Place, Case ZC16-015 City of Colleyville Page 3 Planning and Zoning Commission Minutes October 10, 2016 3d Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:49 p.m. The applicant, Russell Slovak, 1800 Valley View Lane, Farmers Branch, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 8:11 p.m. Commissioner Phelps made a motion to approve Case ZC16- 015 with the following condition: 1) All front facing garages must be located no closer than 25 feet from the front property line. Commissioner Tornes seconded. The motion to approve Case ZC16-015 with the following condition: 1) All front facing garages must be located no closer than 25 feet from the front property line, carried by the following vote: Aye: 7 – Tornes, Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of a zoning change from the AG Agricultural district to the R-20 Single Family Residential district on Abstract 1756 of the A T Young Survey, Tract 1A01B, located at 216 W. Glade Road, Case ZC16-016 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 8:34 p.m. The applicant, Hiep Nguyen, 2825 Yucca Avenue, Fort Worth, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 8:37 p.m. Commissioner Gotcher made a motion to approve Case ZC16- 016 with the following recommendation: 1) that the request be updated to the R-40 zoning district. Commissioner Davis seconded. The motion to approve Case ZC16-016 with the following recommendation: 1) that the request be updated to the R-40 City of Colleyville Page 4 Planning and Zoning Commission Minutes October 10, 2016 zoning district, carried by the following vote: Aye: 7 – Tornes, Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 8:38 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician 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 6a Agenda Date 11/14/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, Case ZC16-013, tabled from October 10, 2016 meeting Explanation Update: At the October 10, 2016 Planning and Zoning Commission meeting, the Planning and Zoning Commission recommended tabling this item to a future date to allow the applicant to revise the proposed accessory building. The applicant has revised the submittal information based on the direction of the Commission. The agenda briefing below reflects these changes. Michael Meierhofer, the applicant, has submitted a request for a Special Use Permit (SUP) to construct an approximately 1,533 square foot accessory building at 6001 Quality Hill Road. The SUP is being requested because the total square footage of the accessory building will exceed the maximum square footage allowed. Existing Conditions/Background: The subject property is zoned R20- Single Family Residential district and generally located on the east side of Quality Hill Road and north of LD Lockett Road. The subject property is a platted lot of the Briarwood Addition and currently developed with one single family home and one 120 square foot accessory building which is proposed to remain. Proposed Special Use Permit Request: Request – The applicant is requesting approval of a Special Use Permit to allow for the construction of an accessory building which will exceed the maximum square footage permitted. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and number of accessory buildings permitted on a residential lot: “2. Maximum Size and Number of Buildings: 1.The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Planning and Zoning Commission Agenda Briefing 6a City of Colleyville Page 2 1.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. 2.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP).” Analysis – The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots under 0.5 acres in size, the maximum size allowed for all accessory buildings on the site is 750 square feet. The subject property is 21,518 square feet or 0.49 acres and currently contains one 120 square foot accessory building. The proposal up for consideration requests to construct a second accessory building 1,533 square feet in size. The total for both accessory buildings will be 1,653 square feet. This total exceeds the maximum 750 square footage allowed by 903 square feet. The applicant plans to construct a 1,533 square foot accessory building on the rear portion of the property, approximately 10 feet from the rear property line, and seven (7) feet from the southern side property line. The accessory building will be located entirely behind the primary residence and access will be provided via a new extension to the existing driveway. The proposed building does not penetrate the vertical height envelope. The proposed accessory building complies with all other requirements of Section 3.27. The site plan and elevations have been included as attachments for your review. The proposed building along with the existing home and accessory building does not exceed the maximum lot coverage of 30 percent for the R-20 district. It should be noted that the subject property is 262 square feet less than 0.5 acre. As seen in the table above, lots 0.5-.99 acres are permitted to have 1,000 square feet of accessory buildings. Although the request up for consideration, exceeds the permitted size by more than 100 percent, the lot is more closely aligned with a 0.5 acre lot. Additionally, the applicant contends that similar buildings exist within the neighborhood. Staff reviewed the information for surrounding properties and confirmed that 5909 Quality Hill Road (to the south) currently has a 950 square foot detached accessory building which is visible from the street. There are no other large accessory structures visible from the street in the immediate vicinity which have been permitted. Planning and Zoning Commission Agenda Briefing 6a City of Colleyville Page 3 Surrounding Development: The surrounding properties to the north, south, east, and west are zoned R-20 Single Family district and developed with single family homes. 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 applicant proposes to construct a detached accessory building which will exceed the total combined square footage allowed by the Land Development Code. The applicant has made modifications to the structure in an effort to meet the height requirements and reduced the total square footage by 400 square feet based on the direction of the Planning and Zoning Commission at the October 10, 2016 meeting. At this time the building meets the height requirements for the R-20 zoning district but exceeds the permitted square footage. Given the modifications to the building design, staff does not believe the proposed structure will adversely impact any of the surrounding properties. The location of the building meets the setback requirements for the governing zoning district and is completely behind the primary structure. Although the proposed building is larger than allowed, it does not exceed the maximum lot coverage and there are large accessory buildings in close proximity. Staff has not received any opposition to the proposal and the building will meet all of the other requirements of the Land Development Code. Staff recommends approval of the request. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Statement of Planning Objectives 4.Site Plan 5.Building Elevations and Floorplans 6.Notification Map 7.Notification List 8.Draft Ordinance QU A I L S Q U A L I T Y H I L L CHAPARRAL RIDINGWOOD WILLIAMS 400404 6004 6000 500 5912 59085908 6000 5912 6001 6005 5909 6009 6004 6005 6001 6009 6005 6001 5913 5909 5913 5909 6021 6010 5905 5904 31761016017 3136105 309 5904 6013 ZC16-013 6001 QUALITY HILL ROAD Subject Property I 1 inch = 104 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 Q U A I L S Q U A L I T Y H I L L C H A PA R R A L RIDINGWOOD WI LLIAMS R-20 PUD-R 400404 6004 6000 500 5912 59085908 6000 5912 6001 6005 5909 6009 6004 6005 6001 6009 6005 6001 5913 5909 5913 5909 6021 6010 5905 5904 3176017 3136105 309 5904 6013 6101 ZC16-013 6001 QUALITY HILL ROAD Su bject_Property PUD-R Planned Unit Develop ment, Re sidential R-20 Sin gle Family Residential (20 ,000 sq. ft. min)I 1 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 A-2 Site Study10.26.2016 STAFF STAFFPOOL HOUSE ADDITION 1616(972) 253-2198 fax (972) 251-1330 phone info@ldaarchitects.net Larsen Dye Associates Architects 114 W. Irving Blvd.Irving, Texas 75060-2917 Meierhofer Residence A-4-Elevations11/09/2016 STAFF STAFFPOOL HOUSE ADDITION 1616(972) 253-2198 fax (972) 251-1330 phone info@ldaarchitects.net Larsen Dye Associates Architects 114 W. Irving Blvd.Irving, Texas 75060-2917 Meierhofer Residence A-3-Plans11/09/2016 STAFF STAFFPOOL HOUSE ADDITION 1616(972) 253-2198 fax (972) 251-1330 phone info@ldaarchitects.net Larsen Dye Associates Architects 114 W. Irving Blvd.Irving, Texas 75060-2917 Meierhofer Residence Q U A I L S Q U A L I T Y H I L L C O L T S N E C K C H A PA R R A L RIDINGWOOD WI LLIAMS H U N T E R 400404 6004 500 6000 5909 5909 6009 5904 6005 5905 5905 5904 6001 5912 59085908 6000 5912 6001 6009 6004 6005 6001 5909 5913 6005 5913 590159015900 6021 6000 6008 6004 5901 5916 6012 5912 5908 5904 6013 6017 6101 6105 6010 5800 6000 6004 6008 317 313 309 5900 6009 305 ZC16-013 6001 QUALITY HILL ROAD Subject Property 200ft Buffer Properties within 200ftI1 inch = 12 5 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 MEIERHOFER, MICHAEL 6001 QUALITY HILL RD COLLEYVILLE, TX 76034 6001 QUALITY HILL RD GEORGE, JAMES P 5908 QUALITY HILL RD COLLEYVILLE, TX 76034 5908 QUALITY HILL RD KIEWEG, KENNETH 5912 QUAILS PATH COLLEYVILLE, TX 76034 5912 QUAILS PATH GARVIN, BILLY RAY 5908 QUAILS PATH COLLEYVILLE, TX 76034 5908 QUAILS PATH SCHEPPY, EDWIN C 400 CHAPARRAL ST COLLEYVILLE, TX 76034 400 CHAPARRALL ST WHITE, DARYL H 5909 QUALITY HILL RD COLLEYVILLE, TX 76034 5909 QUALITY HILL RD FITZPATRICK, ALVIN A 404 CHAPARRAL ST COLLEYVILLE, TX 76034 404 CHAPARRALL ST COLLINS, ROBERT 5912 QUALITY HILL RD COLLEYVILLE, TX 76034 5912 QUALITY HILL RD LAND, KELCEY J 6004 QUAILS PATH COLLEYVILLE, TX 76034 6004 QUAILS PATH FREEMAN, FREDERICK D 5913 QUALITY HILL RD COLLEYVILLE, TX 76034 5913 QUALITY HILL RD KIDWELL, MARK D EST 6005 QUALITY HILL RD COLLEYVILLE, TX 76034 6005 QUALITY HILL RD USRY, CONRAD MORRIS 6000 QUAILS PATH COLLEYVILLE, TX 76034 6000 QUAILS PATH CHWA, RICHARD 6000 QUALITY HILL RD COLLEYVILLE, TX 76034 6000 QUALITY HILL RD ZEBROWSKI, MARK SHAVER 6004 QUALITY HILL RD COLLEYVILLE, TX 76034 6004 QUALITY HILL RD REMINGTON PARK HOA 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE MEIERHOFER, MICHAEL 6001 QUALITY HILL RD COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, October 28, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 9, BLOCK 2, OF THE BRIARWOOD-COLLEYVILLE ADDITION, LOCATED AT 6001 QUALITY HILL ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; 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 Special Use Permit for and accessory building under Case No. ZC16- 013; 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 to changes to zoning classifications under the Zoning Ordinance Ordinance O-16-XXXX Page 2 of 4 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 an Accessory Building on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, 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.The Special Use Permit shall apply to the construction of an accessory building. b.The accessory building shall not exceed 1,533 square feet in size. c.The accessory building shall be consistent with the building elevations as depicted on the attached Exhibit “C” d.The accessory building may not be used as an accessory dwelling unit. Ordinance O-16-XXXX Page 3 of 4 e.The existing 120 square foot accessory building is permitted to remain on the subject property. f.All requirements of the Land Development Code shall be met, 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. The first reading and public hearing being conducted on the 6th day of December 2016. The second reading and public hearing being conducted on the 20th day of December 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20th day of December 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Ordinance O-16-XXXX Page 4 of 4 Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short 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” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevations 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 6b Agenda Date 11/14/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a replat on Lots 3, 4, and 5, Block 2, of the Jewell Estates Addition, located at 6603, 6503, and 6501 Diamond Court, Case PC16-012 Explanation Richard Heidinger, Alex Von Lange, and Donald Peterson, the property owners, request approval of a replat for the Jewell Estates Addition on approximately 3.059 acres. The applicants propose to incorporate the abandoned portion of Caldwell-Hughes Road into their existing properties. Existing Conditions/Background: The subject properties are zoned R-40 Single Family Residential district and are generally located on the east side of Diamond Court, south of Emerald Drive, and north of Tinker Road. The subject properties are each developed with one single family home and associated accessory structures. The applicants do not intend to demolish or reconstruct any of the existing homes. Caldwell-Hughes Road was abandoned as a public roadway in March, 1993 by Resolution R-93-870. At the time of approval the City transferred ownership and maintenance responsibility of the land to the adjacent property owners. In the years following, several property owners along the east side of the abandoned Caldwell- Hughes Road claimed the 20 feet of right-of-way they now owned through the platting process. The replat up for consideration proposes to claim the 20 feet of right-of-way on the western side of Caldwell-Hughes Road adjacent to Lots 3, 4, and 5 of the Jewell Estates Addition. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-40 zoning regulations require the following standards: Minimum Lot Area: 40,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 150 feet Planning and Zoning Commission Agenda Briefing 6b City of Colleyville Page 2 Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 20 percent As submitted, the proposed plat meets all of the requirements of the Land Development Code. Surrounding Development: The properties to the north, south, and west are zoned R-40 Single Family Residential district and developed with single family homes. The properties to the east are zoned R-30 Single Family Residential district and AG- Agricultural district and developed with single family homes. Fees: Impact Fees and Parkland Dedication fees are not required with this plat application. Tree Preservation: The proposed subdivision must comply with Chapter 5 (Tree Preservation) of the Land Development Code. A Tree Removal Permit and associated Tree Preservation Plan must be approved prior to the removal of any tree, prior to site grading or dirt disturbance, or prior to any new construction on the subject property. In addition to the requirements for approval of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the required percentage of existing protected tree canopy coverage as specified in Chapter 5, unless or until the Planning and Zoning Commission formally grants a waiver to the required preservation. The existing homes are not proposed to be removed. Therefore, no tree preservation plan is required at this time. Sidewalks: A minimum five-foot wide sidewalk will be required along Diamond Court with the construction of any residential structure. Drainage and Stormwater Runoff: As required by the Land Development Code, preliminary drainage plans have been submitted with the proposed plat. Water and sanitary sewer services are available to the property. Public Notification: Staff mailed notices to all property owners within 200 feet of the subject property. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff has received no correspondence to date. Staff Recommendation: The proposed replat meets the requirements of the Land Development Code, staff recommends approval. Planning and Zoning Commission Agenda Briefing 6b City of Colleyville Page 3 Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Plat Exhibit 4.Right-of-Way Abandonment - R-93-870 5.Notification Map 6.Notification List EMER A L D DI A M O N D SA P P H I R E 6500 11021100 6450 1104 6501 6605 6502 6601 6403 6503 6604 6603 6601 6501 6503 6500 6606 6602 6401 6619 6627 6623 6615 6608 1106 6702 6620 6616 6600 6301 6624 6301 6500 6610 6611 1005 6700 6402 6629 6504 6612 6611 6404 6707 1009 PC16-012 6603, 6503, AND 6501 DIAMOND COURT Subject Property I 1 inch = 152 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 R-40 AG R-30 R-20 AGR-20 6500 11021100 6450 1104 6501 6605 6502 6601 6403 6503 6604 6603 6601 6501 6503 6500 6606 6602 6401 6619 6627 6623 6615 6608 1106 6702 6620 6616 6600 6301 6624 6301 6500 6610 6611 6700 6402 1005 6629 6504 6612 6611 6404 6707 1009 PC16-012 6603, 6503, AND 6501 DIAMOND COURT Subject Property AG Agricultural R-20 Single Family Residential (20,000 sq. ft. min)R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) I 1 inch = 15 2 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 EMER A L D SA P P H I R E DI A M O N D PAUL S O P A L 6500 1310 6702 6450 6301 1102 6500 1100 1104 1106 6501 6605 6608 6502 6601 6610 6403 6503 6604 6603 6601 6501 6503 6612 6401 6602 6500 6606 6619 6627 6701 6609 6611 6623 66156600 1101 6301 1205 6705 6600 1105 6700 1013 6616 6730 6608 66046624 6620 67146706 1017 1009 66076612 6400 6402 1005 6400 6733 6722 6504 1103 6605 6404 6601 1204 6700 6707 1000 6500 6502 1000 6629 6709 1312 6729 6602 6611 1203 6713 6729 PC16-012 6603, 6503, AND 6501DIAMOND COURT Subject Property Properties within 200ft 200ft BufferI1 inch = 208 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 CLARK, MICHAEL D 6502 DIAMOND CT COLLEYVILLE, TX 76034 6502 DIAMOND CT MERRILL, H L 1106 EMERALD CT COLLEYVILLE, TX 76034 1106 EMERALD CT FERGUSON, CHANDLER 6500 DIAMOND CT COLLEYVILLE, TX 76034 6500 DIAMOND CT HEIDINGER, RICHARD C 6503 DIAMOND CT COLLEYVILLE, TX 76034 6503 DIAMOND CT WATTS, BRETT M 6615 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6615 SAPPHIRE CIR S BOORLA, SUSHRUTI 6627 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6627 SAPPHIRE CIR S MAKHANI, NAZLEEN 6623 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6623 SAPPHIRE CIR S VON LANGE, GEORGE 6603 DIAMOND CT COLLEYVILLE, TX 76034 6603 DIAMOND CT BRANSON, DAVID L 6619 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6619 SAPPHIRE CIR S HEARN, JAMES W 6601 EMERALD DR COLLEYVILLE, TX 76034 6601 EMERALD DR KAFER, MARK T 1100 EMERALD CT COLLEYVILLE, TX 76034 1100 EMERALD CT THOMAS, ROY O 1104 EMERALD CT COLLEYVILLE, TX 76034 1104 EMERALD CT ESPINOZA, LAURA 6601 DIAMOND CT COLLEYVILLE, TX 76034 6601 DIAMOND CT PETERSON, D M 6501 DIAMOND CT COLLEYVILLE, TX 76034 6501 DIAMOND CT RYAN H PALMER LTD 4909 ROCKRIMMON CT COLLEYVILLE, TX 76034 6500 CALDWELL HUGHES RD HARDEN, TOMMY E 6450 CALDWELL HUGHES RD COLLEYVILLE, TX 76034 6450 CALDWELL HUGHES RD RYAN H PALMER LTD 4909 ROCKRIMMON CT COLLEYVILLE, TX 76034 6500 CALDWELL HUGHES RD MANNING, WESLEY G 6605 EMERALD DR COLLEYVILLE, TX 76034 6605 EMERALD DR METCALF, PAULA TATOM 1102 EMERALD CT COLLEYVILLE, TX 76034 1102 EMERALD CT SAPPHIRE ENCLAVE HOA 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE PETERSON, D M 6501 DIAMOND CT COLLEYVILLE, TX 76034 APPLICANT HEIDINGER, RICHARD C 6503 DIAMOND CT COLLEYVILLE, TX 76034 APPLICANT VON LANGE, GEORGE 6603 DIAMOND CT COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, October 28, 2016 by Araceli Botello Notification List 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 6c Agenda Date 11/14/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 3, Block 2, of the Jewell Estates Addition, located at 6603 Diamond Court, Case ZC16-018 Explanation Alex Von Lange, the applicant, has submitted a request for a Special Use Permit (SUP) to construct a 1,500 square foot accessory building (garage/storage building) at 6603 Diamond Court. The SUP is being requested because the total square footage for the accessory building will exceed the maximum square footage allowed. Existing Conditions/Background: The subject property is zoned R-40 Single Family Residential district and generally located on the east side of Diamond Court, south of Emerald Drive, and north of Tinker Road. The subject property is a platted lot of the Jewell Estates Addition and currently developed with one single family home and one 192 square foot accessory building which is proposed to be removed. Proposed Special Use Permit Request: Request – The applicant is requesting approval of a Special Use Permit to allow for the construction of an accessory building. The proposed building will exceed the total square footage permitted on the subject property. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and number of accessory buildings permitted on a residential lot: “2. Maximum Size and Number of Buildings: 1.The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Planning and Zoning Commission Agenda Briefing 6c City of Colleyville Page 2 1.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. 2.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP).” Analysis – The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots ranging from 0.5 to 0.99 acres in size, the maximum size allowed for all accessory buildings on the site is 1,000 square feet. The subject property is 42,964 square feet, or 0.99 acres. The proposal up for consideration requests to construct an accessory building 1,500 square feet in size. This total exceeds the maximum 1,000 square feet allowed by 500 square feet. It should be noted that the subject property falls 596 square feet below one acre. As noted in the table above, lots one acre in size are permitted to have a total of 1,750 square feet. The applicant plans to construct the accessory building on the rear portion of the property, approximately 12 feet six inches (12’6”) from the side property line and 96 feet from the rear property line. The accessory building will be located entirely behind the primary residence and access will be provided via a new extension to the existing concrete driveway. The proposed height is 14 feet to the top plate of the exterior wall. The proposed accessory structure does not penetrate the vertical height envelope and meets the required side and rear yard setbacks, respectively. The applicant has indicated that the proposed building will be constructed of metal siding with stone veneer at the base along the front and south elevations. The proposed accessory building complies with all other requirements of Section 3.27. The site plan and elevations have been included as attachments for your review. Surrounding Development: The properties to the north, south, and west are zoned R-40 Single Family Residential district and developed with single family homes. The properties to the east are zoned R-30 Single Family Residential district and developed with single family homes. 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. Planning and Zoning Commission Agenda Briefing 6c City of Colleyville Page 3 Staff Recommendation: The applicant proposes to construct a detached accessory building which will exceed the square footage allowed by the Land Development Code. As stated above, the subject property is only 596 square feet less than one acre, which would permit 1,750 square feet of accessory building. The proposal up for consideration is for a 1,500 square foot accessory building. Although this exceeds the permitted square footage, it is consistent with the amount permitted on neighboring properties. In addition, the building meets all height and setback requirements for the R-40 district. Therefore, given the location, height, size, and lot area, staff recommends approval. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Statement of Planning Objectives 4.Site Plan 5.Building Elevations 6.Photos Provided by Applicant 7.Notification Map 8.Notification List 9.Draft Ordinance E M E R A L D D I A M O N D 6500 6605 6502 6601 6603 6601 6503 6606 6501 6619 6500 6623 6627 6503 6604 6608 6501 6702 6615 6602 66106301 6611 ZC16-018 6603 DIAMO ND CO URT Subject Property I 1 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 E M E R A L D D I A M O N D R-40 R-30 AG AG 6500 6605 6502 6601 6603 6601 6503 6606 6501 6619 6500 6623 6627 6503 6604 6608 6501 6702 6615 6602 6610 6301 6611 ZC16-018 6603 DIAMO ND CO URT Subject Property AG Agricultural R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) I 1 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 Sh o w s e a s t s i d e o f ya r d Sh o w s l a n d s a c p e fa c i n g s o u t h 12 . 6 f e e t 30 f e e t w i d e 50 f e e t w i d e 15 3 f e e t o r 5 1 ya r d s f r o m b a c k fe n c e t o g a t e a t dr i v e w a y Bu i l d i n g 1 9 2 s q . ft . t o b e r e m o v e on c e c o m p l e t e East v i e w Sh o w s f a c i n g to w a r d s N o r t h s i d e of h o u s e Pr o p o s e d s o u t h ea s t c o r n e r t o mi s s t r e e b y 2 2 ' 5" Shows S o u t h e a s t side o f y a r d . Tr e e s t u m p t o b e re m o v e d f o r bu i l d i n g Me a s u r e s 1 0 fe e t t o e d g e o f fe n c e E M E R A L D S A P P HIR E D I A M O N D T E N N I S O N O P A L P E T E R S 6702 6500 1310 6301 1312 6700 6501 6605 6608 6502 6601 6610 6603 6601 6612 1104 6503 1100 6500 6606 1102 6604 6503 6619 6627 6701 6609 6403 6611 6623 6615 1205 6501 6705 6450 1204 1017 6733 6804 6605 6607 6601 6709 6401 6713 66006700 6616 6717 6730 6608 6604 6722 6624 6620 6714 6729 6706 6500 6725 6612 6801 1106 6706 6602 1013 6805 6700 6800 6604 6790 6710 6620 6616 6612 6608 6721 6600 6800 1009 6629 6800 1000 6602 6611 6600 6719 1203 6805 ZC16-018 6603 DIAMOND COURT Subject Property 200ft Buffer Properties within 200ft I 1 inch = 20 8 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 CLARK, MICHAEL D 6502 DIAMOND CT COLLEYVILLE, TX 76034 6502 DIAMOND CT FERGUSON, CHANDLER 6500 DIAMOND CT COLLEYVILLE, TX 76034 6500 DIAMOND CT HEIDINGER, RICHARD C 6503 DIAMOND CT COLLEYVILLE, TX 76034 6503 DIAMOND CT WATTS, BRETT M 6615 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6615 SAPPHIRE CIR S BOORLA, SUSHRUTI 6627 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6627 SAPPHIRE CIR S SAPPHIRE ENCLAVE HO ASSOC INC 5622 DYER ST DALLAS, TX 75206 6702 SAPPHIRE CIR N MAKHANI, NAZLEEN 6623 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6623 SAPPHIRE CIR S VON LANGE, GEORGE 6603 DIAMOND CT COLLEYVILLE, TX 76034 6603 DIAMOND CT BRANSON, DAVID L 6619 SAPPHIRE CIR S COLLEYVILLE, TX 76034 6619 SAPPHIRE CIR S HEARN, JAMES W 6601 EMERALD DR COLLEYVILLE, TX 76034 6601 EMERALD DR ESPINOZA, LAURA 6601 DIAMOND CT COLLEYVILLE, TX 76034 6601 DIAMOND CT PETERSON, D M 6501 DIAMOND CT COLLEYVILLE, TX 76034 6501 DIAMOND CT RISCHON DEVELOPMENT CORP 6003 SUNDERLAND DR COLLEYVILLE, TX 76034 6611 SAPPHIRE CIR S RYAN H PALMER LTD 4909 ROCKRIMMON CT COLLEYVILLE, TX 76034 6500 CALDWELL HUGHES RD RYAN H PALMER LTD 4909 ROCKRIMMON CT COLLEYVILLE, TX 76034 6500 CALDWELL HUGHES RD MANNING, WESLEY G 6605 EMERALD DR COLLEYVILLE, TX 76034 6605 EMERALD DR SAPPHIRE ENCLAVE HO ASSOC INC 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE VON LANGE, GEORGE 6603 DIAMOND CT COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, October 28, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 3, BLOCK 2, OF THE JEWELL ESTATES ADDITION, LOCATED AT 6603 DIAMOND COURT, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; 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 Special Use Permit for and accessory building under Case No. ZC16- 018; 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 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices Ordinance O-16-XXXX Page 2 of 4 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 an Accessory Building on Lot 3, Block 2, of the Jewell Estates Addition, located at 6603 Diamond Court, 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.The Special Use Permit shall apply to the construction of an accessory building. b.The accessory building shall not exceed 1,500 square feet in size. c.The accessory building shall be consistent with the building elevations as depicted on the attached Exhibit “C” d.The accessory building may not be used as an accessory dwelling unit. e.All requirements of the Land Development Code shall be met, Ordinance O-16-XXXX Page 3 of 4 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. The first reading and public hearing being conducted on the 6th day of December 2016. The second reading and public hearing being conducted on the 20th day of December 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20th day of December 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 4 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” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevations Exhibit “C” – Elevations 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 6d Agenda Date 11/14/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the AG-Agricultural district to the CN- Neighborhood Commercial district on Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, Case ZC16-019 Explanation Olanrewaju Sobo, of Glory House Church, has submitted a request to rezone approximately 0.639 acres, located at 5300 Pleasant Run Road, from the AG Agricultural district to the CN-Neighborhood Commercial district. The applicant is seeking a zoning change in order to plat the subject property and proceed with the development of a new building. Existing Conditions/Background: The subject property is currently unplatted and undeveloped. A subsequent minor plat will be required prior to issuance of a building permit should the rezoning request be approved. The Glory House Church currently occupies the property at 5310 Pleasant Run Road (the former City of Colleyville Post Office). The church has purchased the property at 5300 Pleasant Run Road and plans to vacate the existing building and construct a new building on the subject property. Following completion of the new building, Glory House Church will only occupy the property at 5300 Pleasant Run Road. Proposed Zoning Change: Request – The applicant is requesting a zoning change from the AG Agricultural district to the CN-Neighborhood Commercial district to proceed with the subdivision (platting) of the property and construction of a new building. The applicant has indicated that the new building will be the future home of the existing church. Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the CN-Neighborhood Commercial district regulations require the following standards: Minimum Lot Area: 10,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 120 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Planning and Zoning Commission Agenda Briefing 6d City of Colleyville Page 2 Minimum Rear Yard Setback: 10 feet Maximum Lot Coverage: 40 percent A petition for a zoning district change to the CN district shall be accompanied by a site plan and supporting documents of the area petitioned for a zone change. The purpose of the site plan is to illustrate the logical arrangement of the elements on the land and to show relationships of elements to each other. The applicant has provided a zoning site plan exhibit which proposes a new church facility on one lot, 0.639 acres in size. This site plan appears to meet the CN-Neighborhood Commercial district’s minimum lot area of 10,000 square feet as listed above. A detailed site plan review and approval process will be required prior to issuance of a building permit. The formal review process will determine compliance with all appropriate development standards contained within the Land Development Code. Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the CN-Neighborhood Commercial district as designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. Additionally, it states that the lot size maximum is small to encourage small- scale developments and the hours of operation do not permit businesses to be open at night. 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 majority of the permitted principal land uses for the CN district: *P-Permitted; S-Special Use Permit; Gray-Not Permitted E. Public and Institutional Uses Colleges or Universities S Community Centers or Recreation Centers P Government Buildings, Offices and Facilities P Fire Stations / Police Stations P Golf Courses – Public Owned P Government Maintenance Facilities P Libraries P Museums P Post Office P Parks and Open Space Areas P Public Maintenance and Storage Buildings S Private Schools – Elementary and Secondary S Private Schools – High School S Public Schools – Elementary and Secondary P Public Schools – High School P Religious Institutions P Planning and Zoning Commission Agenda Briefing 6d City of Colleyville Page 3 F. Office Uses P Accountant’s Offices P Advertising Agencies P Attorney Offices P Chiropractic Clinics Engineering, Architect’s, and Surveyor’s Offices P General Business Offices not elsewhere listed P Insurance Agencies P Management and Public Relations Services Offices P Optometrist Office Psychologist Offices P Physician’s or Dentist’s Offices Real Estate Agency Offices P Security Broker Offices P Title Abstract Offices P Travel Agency/ Airline Ticket Offices P G. Retail and Services Uses Alcohol or Drug Treatment Center S Banks, Credit Unions and Financial institutions P Barber Shops, Beauty Shops, and Day Spas P Cemeteries or Mausoleums S Civic, Social or Fraternal Organizations S Copy Centers/Print Shops S Dance Studios and Martial Arts Studios S Day Care Centers S Dry Cleaner Pick-up Stations S Florist Shops P Hardware, electrical & plumbing w/o outside display P Interior Decoration Stores P Locksmiths S Jewelry Stores P Mailing and Shipping Stores P Pharmacy S Photography Studios P Self-service Laundries S Shoe Repair Shops P Tailor and Alteration Shops P H. Recreational and Entertainment Uses Golf Courses- Privately Owned P Commercial Recreation (outdoor)S I. Automotive and Transportation Uses Airports and Heliports S Auto Parking Lots and Garages (free standing)S Planning and Zoning Commission Agenda Briefing 6d City of Colleyville Page 4 Analysis: In preparation for the future construction of the new church building, Glory House Church discovered that the newly purchased property is not platted. The Land Development Code requires all properties to be platted prior to issuing a building permit. As part of this process the subject property must be rezoned to a zoning district other than the AG Agricultural district. The applicant has selected the CN- Neighborhood Commercial district to be consistent with the current zoning of the property the church is occupying today. The lot width for the subject property is 87 feet. This dimension does not meet the requirements of the CN-Neighborhood Commercial district. Additionally, the lot width does not meet the minimum requirements for any of the commercial or single family residential districts. The Land Development Code only permits lot widths less than 100 feet in the Multi-Family or Planned Unit Development zoning districts. The applicant does not desire to request either of these zoning designations for the subject property at this time. Given the limited lot width, the forthcoming minor plat will be required to receive approval from the Planning and Zoning Commission. Section 9.7 of the Land Development Code states that the “City may approve a plat which contains a lot that does not meet the minimum requirements when special conditions exist.” In this case staff believes there are special conditions. The subject property is constrained in lot width due to existing developed conditions on three sides. The lots to the north and south currently have existing buildings and limited setbacks from the property lines. Therefore, acquiring additional land appears to be unfeasible. Surrounding Development: The properties to the north are zoned CN-Neighborhood Commercial and R-20 Single Family Residential. The property directly to the north is developed with the existing Glory House Church building. The properties to the west are zoned R-20 Single Family Residential and developed with single family homes. The property to the south is zoned AG-Agricultural district and is developed with one permanent structure (a large metal building). The properties to the east are zoned AG- Agricultural district and developed with single family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property as located within the Central Sector of the Colleyville Boulevard Corridor. This area has been identified as having the greatest potential to become a true center of activity by tying together major commercial and entertainment centers along the Corridor. Public and institutional uses are encouraged within the Colleyville Boulevard Corridor. 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 Planning and Zoning Commission Agenda Briefing 6d City of Colleyville Page 5 State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan. As described in the Chapter 3 of the Land Development Code, the CN district is designed to be compatible adjacent to or near residential areas. The requested CN-Neighborhood Commercial zoning district seeks to maintain consistent zoning between the subject property and the adjacent property to the north. With similar non-residential uses in the immediate vicinity the proposed zoning request should not adversely impact the surrounding properties. Staff recommends approval of the rezoning request. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Zoning Site Plan Exhibit 6.Notification Map 7.Notification List 8.Draft Ordinance CENTRAL PL E A S A N T R U N 5226 815 5310 5300 816 813 817 5309 820 5217 5301 53135320 70 38 814 48 5201344266 64 62 60 4468 3272 5301 5312 ZC16-019 5300 PLEASANT RUN ROAD Subject Property I 1 inch = 83 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 CENTRAL P L E A S A N T R U N AG CNR-20 PUD-C AG PUD-C CC-1 CC-1 5226 815 5310 5300 816 813 817 5309 820 5217 5301 53135320 70 38 814 48 520134426664626044683272 5301 ZC16-019 5300 PLEASANT RUN ROAD Subject PropertyAG Agricultural CC-1 Village Retail CN Neighborhood Commercial PUD-C Planned U nit Developm ent, Commercial R-20 Single Family Residential (20,000 sq. ft. min)I 1 inch = 83 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 CENTRAL P L E A S A N T R U N 5226 815 5310 5300 816 813 817 5309 820 5217 5301 53135320 70 38 814 48 520134426664626044683272 5301 5312 ZC16-019 5300 PLEASANT RUN ROAD Subject Property RESIDEN TIAL COMMERC IAL INS TITUTION AL PARK S/ OPE N S PAC E COLLEYV ILLE BLVD COR RID ORI1 inch = 83 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 Lambdin Architects 1340 Twisting Wind Dr Haslet, Texas 76052 Telephone 817 / 691-6621 RCCG Glory House 5310 Pleasant Run Colleyville, Texas 76034 Planning Objectives: The intent is to re-zone the property from agricultural to neighborhood commercial to be consistent with the area zoning along Pleasant Run Rd. The church is currently renting the adjacent property and would like to proceed with construction on this lot. Their financing has been reviewed by a lender and they have preliminary approval to proceed. The facility will be used for a worship center with a sanctuary and nursery on the first level with classrooms on the second level. The back of the building will include a small playground. The facility will include an elevator and fire sprinkler system per code. Schedule: If the initial zoning change is approved the project will be further developed for site plan review including the required civil engineering and architectural elevations. It is the intent of the church to proceed directly into construction document and proceed to permit as soon as the site plan is approved. Upon approval of the permit the intent is to immediately proceed with construction. A construction manager has already been contacted to assist with the permitting process and cost estimating. Upon finalizing the subcontractor bids construction will proceed. At this time construction is estimated to be 6 to 8 months. 15 ' B U I L D I N G L I N E 1 5 ' B U I L D I N G L I N E 20 ' L A N D S C A P E E A S E E M N T 24 ' F I R E L A N E WO M E N ME N CHA N G I N G TAB L E CHANGINGTABLE JA N . W/H 7 PL A T F O R M 11 2 S E A T S RI S E R ST O R A G E 77 7 7 7 7 77 7 7 7 7 7 77 NU R S E R Y BR E A K R O O M R E F UP S O U N D EL E C T PA N E L S EL E C T . 15 ' B U I L D I N G L I N E 18 15 ' B U I L D I N G L I N E 15 ' B U I L D I N G L I N E 15 0 ' H O S E L E N G T H 15 0 ' H O S E L E N G T H 2 0 ' L A N D S C A P E E A S E M E N T 53 1 0 P L E A S A N T R U N R D . CO L L E Y V I L L E , T E X A S 7 6 0 3 4 CU R R E N T U S E : C H U R C H ZO N E D : C N OW N E R : HO R O B E C , J O H N 62 6 S . C H U R C H S T GR A P E V I N E , T E X A S 7 6 0 5 1 - 5 2 4 3 LE G A L D E S C R I P T I O N : RA T L I F F A D D I T I O N BL O C K : 1 L O T : 1 81 7 C E N T R A L D R . CO L L E Y V I L L E , T E X A S 7 6 0 3 4 CU R R E N T U S E : R E S I D E N C E ZO N E D : R - 2 0 OW N E R : FI G U E R O A F A M I L Y R E V O C A B L E T R U S T 87 C E N T R A L D R I V E CO L L E Y V I L L E , T E X A S 7 6 0 3 4 - 3 0 7 2 LE G A L D E S C R I P T I O N : RA T L I F F A D D I T I O N BL O C K : 1 L O T : 2 52 2 6 P L E A S A N T R U N R D . CO L L E Y V I L L E , T E X A S 7 6 0 3 4 CU R R E N T U S E : A G R I C U L T U R A L ZO N E D : A G OW N E R : D& V W A L K E R P R O P E R T I E S 55 0 1 N O R M A N D Y D R CO L L E Y V I L L E , T E X A S 7 6 0 3 4 - 5 5 7 0 LE G A L D E S C R I P T I O N : BB B & C R Y S U R V E Y AB S T R A C T : 2 0 6 T R A C T : 3 b 0 1 a 81 5 C E N T R A L D R . CO L L E Y V I L L E , T E X A S 7 6 0 3 4 CU R R E N T U S E : R E S I D E N C E ZO N E D : R - 2 0 OW N E R : GR O F F M A N S T E V E GR O F F M A N B E T H 81 5 C E N R A L D R I V E D R CO L L E Y V I L L E , T E X A S 7 6 0 3 4 - 3 0 7 2 LE G A L D E S C R I P T I O N : RA T L I F F A D D I T I O N BL O C K : 1 L O T : 3 53 1 0 P L E A S A N T R U N R D . CO L L E Y V I L L E , T E X A S 7 6 0 3 4 CU R R E N T U S E : A G R I C U L T U R A L ZO N E D : A G OW N E R : RE D E E M E D C H R I S T I A N C H U R C H O F G O D GL O R Y H O U S E C O L L E Y V I L L E LE G A L D E S C R I P T I O N : BB B & C R Y S U R V E Y AB S T R A C T : 2 0 6 T R A C T : 3 a P L E A S A N T R U N R D . 6' P R I V A C Y F E N C E 6 ' P R I V A C Y F E N C E ZO N I N G E X H I B I T F O R Z O N I N G C H A N G E R E Q U E S T F R O M A G T O C N 0 50 0 ' 25 0 ' 15 ' B U I L D I N G L I N E 1 5 ' B U I L D I N G L I N E 20 ' L A N D S C A P E E A S E E M N T 24 ' F I R E L A N E 15 ' B U I L D I N G L I N E 18 15 ' B U I L D I N G L I N E 15 ' B U I L D I N G L I N E 2 0 ' L A N D S C A P E E A S E M E N T P L E A S A N T R U N R D . 6' P R I V A C Y F E N C E 6 ' P R I V A C Y F E N C E WO M E N ME N CHA N G I N G TAB L E CHANGINGTABLE JA N . W/H 7 PL A T F O R M 11 2 S E A T S RI S E R ST O R A G E 77 7 7 7 7 77 7 7 7 7 7 77 NU R S E R Y BR E A K R O O M R E F UP S O U N D EL E C T PA N E L S EL E C T . 01 SI T E P L A N SC A L E : 1 " = 2 0 ' - 0 " A-1LAMBDINARCHITECTS L.L.C.1340 TWISTING WIND DR.HASLET, TEXAS 76052817.691.6621 wlambdin@sbcglobal.net BR 1985 01 VI C I N I T Y M A P SC A L E : 1 " = 2 0 ' - 0 " 02 LA N D S C A P E P L A N SC A L E : 1 " = 2 0 ' - 0 " MAIN CENTRAL P L E A S A N T R U N CASA REGINA V I L L A G E MISSION V E R A N D A C O T T A G E 5312 5226 5301 5217 816 713 5201 815811 5300 100 813 714 5310 812716 5309 814 713 5300 5405 5204 715 820 5200 5320 14 817 5232 5313 825 16 828 813 809 805821817 7080 38 53 48 100 801 76 62 8790 85 82 2650 94 3577 35 34 84 94 232323 2323 94 99 94 88 4286 26 84 72 66 64 62 6074 4468 26 79 55 32 3450 9783 55 76 34 47 76 34 55 26 81 26 55 347617 55 97 50 7575 23 18 75 86 23 42 3333 89 58 23 62 33 33 20 1733 5301 3535 43 4743 816 99 712 1233 812 804824 711 33 800820 90 9896 94 92102 ZC16-019 5300 PLEASANT RUN ROAD Subject Property 200ft Buffer Properties within 200ftI1 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 BURDETTE, MARK L 77 VERANDA LN COLLEYVILLE, TX 76034 64 VERANDA LN # 410 BURDETTE, MARK L 77 VERANDA LN COLLEYVILLE, TX 76034 64 VERANDA LN # 411 BURDETTE, MARK L 77 VERANDA LN COLLEYVILLE, TX 76034 64 VERANDA LN # 412 BENTLEY, MARY I 42 VERANDA LN COLLEYVILLE, TX 76034 42 VERANDA LN # 110 BENTLEY, MARY I 42 VERANDA LN COLLEYVILLE, TX 76034 42 VERANDA LN # 112 BENTLEY, MARY I 42 VERANDA LN COLLEYVILLE, TX 76034 42 VERANDA LN # 111 D & V WALKER PROPERTIES LLC 5501 NORMANDY DR COLLEYVILLE, TX 76034 5226 PLEASANT RUN RD REDEEMED CHRISTIAN CHURCH OF G 5310 PLEASANT RUN RD COLLEYVILLE, TX 76034 5300 PLEASANT RUN RD FEGAN, DENNIS JOHN 1303 BELLEFONTE LN COLLEYVILLE, TX 76034 5309 PLEASANT RUN RD FIGUEROA FAMILY REVOCABLE TRUS 817 CENTRAL DR COLLEYVILLE, TX 76034 817 CENTRAL DR HART, KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE, TX 76034 5301 PLEASANT RUN RD TURNER, LORI 62 VERANDA LN COLLEYVILLE, TX 76034 62 VERANDA LN # 312 TURNER, LORI 62 VERANDA LN COLLEYVILLE, TX 76034 62 VERANDA LN # 311 TURNER, LORI 62 VERANDA LN COLLEYVILLE, TX 76034 62 VERANDA LN # 310 SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX 76034 5217 PLEASANT RUN RD GROFFMAN, STEVEN 815 CENTRAL DR COLLEYVILLE, TX 76034 815 CENTRAL DR HART, KAY LYNN FOSTER 5301 PLEASANT RUN RD COLLEYVILLE, TX 76034 5301 PLEASANT RUN RD GABLE, MICHAEL 813 CENTRAL DR COLLEYVILLE, TX 76034 813 CENTRAL DR VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 38 VERANDA LN HAMM, DAVID A 6109 EQUESTRIAN CT COLLEYVILLE, TX 76034 32 VERANDA LN # 112 HAMM, DAVID A 6109 EQUESTRIAN CT COLLEYVILLE, TX 76034 32 VERANDA LN # 110 HAMM, DAVID A 6109 EQUESTRIAN CT COLLEYVILLE, TX 76034 32 VERANDA LN # 111 REDDEN, ROGER A 68 VERANDA LN # 610 COLLEYVILLE, TX 76034 68 VERANDA LN # 611 YOUNG, CLINT 811 CENTRAL DR COLLEYVILLE, TX 76034 811 CENTRAL DR VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 48 VERANDA LN HOROBEC, JOHN 626 S CHURCH ST GRAPEVINE, TX 76051 5310 PLEASANT RUN RD REDDEN, ROGER A 68 VERANDA LN # 610 COLLEYVILLE, TX 76034 68 VERANDA LN # 610 BOES, MARK 34 VERNADA LN # 210 COLLEYVILLE, TX 76034 34 VERANDA LN # 211 REDDEN, ROGER A 68 VERANDA LN # 610 COLLEYVILLE, TX 76034 68 VERANDA LN # 612 BOES, MARK 34 VERNADA LN # 210 COLLEYVILLE, TX 76034 34 VERANDA LN # 212 BOES, MARK 34 VERNADA LN # 210 COLLEYVILLE, TX 76034 34 VERANDA LN # 210 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 70 CASA LN SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX 76034 5201 PLEASANT RUN RD BELL, WILLIAM M 5900 E LANCASTER AVE FORT WORTH, TX 76112 60 VERANDA LN # 211 BELL, WILLIAM M 5900 E LANCASTER AVE FORT WORTH, TX 76112 60 VERANDA LN # 212 BELL, WILLIAM M 60 VERANDA LN # 210 COLLEYVILLE, TX 76034 60 VERANDA LN # 210 GBC CAPITAL LLC PO BOX 121 COLLEYVILLE, TX 76034 44 VERANDA LN PITTS, REX A 66 VERANDA LN COLLEYVILLE, TX 76034 66 VERANDA LN # 512 PITTS, REX A 66 VERANDA LN COLLEYVILLE, TX 76034 66 VERANDA LN # 510 GBC CAPITAL LLC PO BOX 121 COLLEYVILLE, TX 76034 44 VERANDA LN GBC CAPITAL LLC PO BOX 121 COLLEYVILLE, TX 76034 44 VERANDA LN PITTS, REX A 66 VERANDA LN COLLEYVILLE, TX 76034 66 VERANDA LN # 511 COLLEYVILLE HEIGHTS HOA 8528 DAVIS BOULEVARD, SUITE 134 NORTH RICHLAND HILLS 76182 COURTESY NOTICE REDEEMED CHRISTIAN CHURCH OF G 5310 PLEASANT RUN RD COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, October 28, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.64 ACRES, ABSTRACT 206, TRACT 3A, IN THE BBB & C RY SURVEY LOCATED AT 5300 PLEASANT RUN ROAD, FROM THE AG- AGRICULTURAL DISTRICT TO THE CN-NEIGHBORHOOD 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 rezoning under Case ZC16-019; 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 to changes to zoning classifications under the Zoning Ordinance Ordinance O-16-XXXX Page 2 of 4 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 0.64 acres of Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, located at 5300 Pleasant Run Road from the AG-Agricultural district to the CN-Neighborhood 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 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. 5.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. Ordinance O-16-XXXX Page 3 of 4 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 ORDERED. The first reading and public hearing being conducted on the 6th day of December 2016. The second reading and public hearing being conducted on the 20th day of December 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20TH DAY OF DECEMBER 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 ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whit Wyatt City Attorney Exhibit “A”- Zoning Map R40 Exhibit “B”- Metes & Bounds Description Date: I I ✓I SPEAKER CARD J I will speak In Support of this item. k I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: Addrw City: F -o(1 I -)o(Tl.- State: )'N Zip Code: (Wo 1 Telephone Number: 5? 1 -73I -q5 00 Representing: RV&µ ulNnc-v- ((*ganization/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 wily not responooln—ab9ordance with the Tex "gen Law, Chapter 551 of the Texas Local v m t Code. Signed: This information Date: I I-- �q - I i, SPEAKER CARD V"�-1 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 Agenda Item Number: Name: Address: C� City: Qpj Ate- j `71 lSc-- Stater Zip Code: �3L� Telephone Number:&3 Representing: 4�&L( (organization/self) I u erstand 1 am limited to speaking for five minutes. For busines' not list on t agenda as a Public Hearing, the Planning and Zoning Commission will not resp d in ac rdance ith the Texas Open Meetings Law, Chapter 551 of the Texas Local \\ Government Code. Signed: information is a )ate, '0 �SPEAKER CARD �J I will speak In Support of this item. /� 't'on to this item. I will speak in Opposl 1 ort Dopposition I do not wish to speak, but please record my: ❑supp Agenda Item Number: Name: /_6C,3 Address: r City: �o �f E- 1i�, �k, State: Zip Code: �t7_� Telephone Number:� Representing: SeI t (organrzation/self) 1 understand 1 am limited to speaking for five minutes. the Planning and Zoning Commission will 7s Law, Chapter 551 of the Texas Local For business not listed on the agenda as a Public not respond in accordance with the Texas OPE Signed: 4 ;� Information is a l'�C SPEAKER CARD Date, � l 7 I will speak In Support of this item. I will speak In Opposition to this item. osition I do not wish to s Deak but please record my: ❑support Bopp Agenda item Number: Name: Address: —6_ City:' / Telephone Number'. 1 t�TrN N r State. Zip Code. 'JLk�—� 7�epresenting: (organizationlself) 1 understand 1 am limited to speaking for five minutes.I the Planning and Zoning Commission will For business ny �sted n the agend a Texasas a u0�' en Meetirngs Law, Chapter 551 of the Texas Local not raspO In acc ;� neerhment Code. Signed: v rN�� �nfermation is a Public Record. [Date: ,f ' ���� 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 Agenda Item Number: Z--el (7-6)1'1 Name: IZ.r&ae4 15"'w-e,204 J Address:8(7 06M&L, n City: I ,h l!�i to a State: X Zip Code: 7&6.? Telephone Number: Representing: 4— (organization/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 accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Go ernment Code. Signed: This information is a Public Record.