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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-10/22/2007cy City of Colleyville Meeting Agenda 'X:1S Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, October 22, 2007 6:15 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR DISCUSSION OF JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORKSHOP LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES October 8, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 1 of the Millers Oak Addition on 0.39 acres in the Hall Medlin Survey located at 7400 Jo Will Street, Case P-07-050 City of Colleyvllle Page 1 PNnted on 10/18/Y007 Planning and Zoning Commission Meeting Agenda October 22, 2007 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on 1.1 acres on Tract 1 F 1 and 1 F2, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. I hereby ertify the a ve agenda was posted on the bulletin boards at City Hall on Thursday, October 18, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 1QHN2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. col/eyville. com ~:,i1 ' su ~~ Minutes -Draft Monday, October 8, 2007 7:00 PM City Council Chambers Planning and Zoning Commission '~~' CI of Colle Vl~~e 100 Main Street ~ `~ Y Colleyville, Texas 76034 Minutes -Draft (817) 503-1000 www.colleyville.com Planning and Zoning Commission Monday, October 8, 2007 7:00 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P. M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 8, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, David Phelps and Jeff Byerly Absent: Commissioners Mary Taylor and Denis Duffy Staff Present: Chris Fuller, Ron Ruthven, Jeremy Hutt and Rob McKeown 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly moved to approve the September 24, 2007 meeting minutes with corrections. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Phelps, Byerly Absent: 1 -Duffy CityofColleyvllle Page ! P-Inted on !Q/1tY1007 Planning and Zoning Commission Minutes -Draft October 8, 2007 6. RECOGNITION OF OUTGOING MEMBERS Commissioner Byerly stated he would miss Commissioner Taylor and stated he appreciated her service. Commissioner Dudziak stated he would miss Commissioner Taylor as well and stated he also appreciated her service. 7. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS Ron Ruthven administered the Oath of Office for the newly appointed members. 8. ELECTION OF OFFICERS Commissioner Redfearn moved to elect Commissioner Byerly as Chairman. Commissioner Knox seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Phelps Absent: 1 -Duffy Abstain: 1 -Byerly Commissioner Byerly moved to elect Commissioner Duffy as Vice Chairman. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy Commissioner Byerly moved to elect Amy Shelley as Recording Secretary. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 10. REGULAR AGENDA ITEMS 10a Approval of Preliminary Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-048 c-ey of caieyv--~e Pages Pr-nted on 10h6rl007 Planning and Zoning Commission Minutes -Draft October 8, 2007 11. TABLED ITEMS 11a Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 Commissioner Phelps moved to remove case Z-07-025 from the tabled items. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy Ron Ruthven presented the update and briefed the Commissioners. Commissioner Byerly questioned staff regarding how many parking spaces are they required to have? Ron Ruthven replied three and they are included on site. Commissioner Dudziak questioned staff regarding if the traffic flow pattern is sufficient for emergency access? Fire Marshal Rob McKeown replied the property to the south would allow access if something were to block the entrance. He stated the developers have met the requirement to gain access within 150 feet. Evan and Christy Shaw, applicants, came forward to present the update and brief the Commissioners. Mr. Shaw stated they have addressed all of the concerns. Commissioner Phelps complimented the applicants regarding the update to the traffic flow. Commissioner Dudziak questioned staff regarding if the City Manager will approve the site plan if it were to change? Ron Ruthven replied yes or his designee. Commissioner Dudziak stated he would like to see the changes come back to the Commission. Chris Fuller stated staff did not want the request for zoning change approval to be contingent upon a third parties approval for the northern entrance or based on the ability to get the permit for that entrance. He stated staff put in the ordinance that the staff could make the determination that internal flow and circulation would meet the Land Development Code without that driveway, that was the intent. Commissioner Redfearn questioned staff regarding what normally happens when something is substantially different than the site plan in a City of Colleyvllle Page 4 Printed on 10H6/2007 Planning and Zoning Commission Minutes -Draft October 8, 2007 PUD? Chris Fuller replied if it is substantially different with no other codicils or conditions, the building permits would not be issued. He stated staff would have the applicant come back to the Commission. Commissioner Knox moved to approve case Z-07-025. He stated this would be an enhancement to the Colleyville Boulevard area. Commissioner Phelps seconded. Commissioner Byerly thanked the applicant for the changes that were made. The motion carried by the following vote: Aye: 5 -Knox, Redfearn, Clardy, Phelps, Byerly Nay: 1 - Dudziak Absent: 1 -Duffy 12. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Thanked the Commisisoners for their attendance. 13. COMMISSIONERS' COMMENTS AND REPORTS None 14. ADJOURNMENT The meeting adjourned at 7:30 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, October 4, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page S Printed on 10HtfJ2007 W Cit of Coll ~~ 100 Main Street e ~ e J ,7 ~ Colleyville, Texas 76034 '~~~ Agenda Briefing (817) 503-1000 www•colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 10/22/2007 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Minor Plat for Lot 1, Block 1 of the Millers Oak Addition on 0.39 acres in the Hall Medlin Survey located at 7400 Jo Will Street, Case P-07-050 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 10/22/2007 Planning and Zoning Commission Title Approval of a Minor Plat for Lot 1, Block 1 of the Millers Oak Addition on 0.39 acres in the Hall Medlin Surrey located at 7400 Jo Will Street, Case P-07-050 Explanation Randy Miller is the developer of a 0.39 acre tract of land located at 7400 Jo Will Street. The developer has submitted a request for approval of a minor plat that will consist of one residential lot. Zoning. The property is zoned R20-Single Family Residential. The lot does not meet the minimum lot size and lot width requirement of the R20 zoning district. However, the subject property is a lot of record and can be developed under the R20 requirements, provided all setback standards are in compliance when a new structure is built on the lot. Existing Conditions. There is an existing single family home on the subject property. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans during the building permit process. Sidewalks. The Land Development Code requires a sidewalk along Jo Will Street. The sidewalk must be four (4) feet in width and constructed as new structures are built on the property. Clty o/ Colleyvllle Page i Printed on 10h8/2007 Agenda Brleflno Continued Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required due to the presence of the existing home. Tree Preservation. Trees not located within the building footprint must be preserved during construction of a new home. Before construction may begin on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval Clty of Colleyvllle Page 2 Pn`nted on 10H8/2007 Location and Zoning Map '°' 2' Site ra~ , T409 408 7 4Q7 AG ' 7401 74pp 342 7313 7312 7317 3 7300 7308 7309' 7300 30 03 7304 7306 3 301 7201 ~" 300 7301 '` ar. ~ 08 20B , ? 800 ' 204 206 1 7160.. 7 ~.~ ~ ~ ~- r. , _ 7204 2 7101 7204 200 201 7200 4110 7#151 7113' 112 113 7112 a1~ 110 ~ . . 14 11 0 ~ ~ •• ~. 108 T109 1008 7104'. 1 12 11 T117 '~' 01 001E A\7 • 7108 109 7108 7100 ~ 91 ~ 81?1 816 . ~ 0900 901 7104 7104 10C R4fl; ciao 101 7100 101 o ' ~~ 901 7012 013 7012 013 OQ tT 890 08' 00 7008 ~, ,,i - evot ~z ' oa 0817- 090 004 00 7004 006 ~4 ..~~r 0900. 7000 000 7001 ,+ ~' ~ ~ ,, 9808 ''~~ ~ ~, 017 0 9 i 000 b912 _~ 9 . 6813 901 8913 8908 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE October 4, 2007 TO CHAxI.ES Hooxs FAX 817.831.9818 FROM Ron Ruthven, Development Coordinator SUB.IECT P-07-050 Minor Plat -Miller's Oak The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The. following comments are for your consideration. The following comments require a response from the applicant: 1. Change the name of the street from Jo Will Court to Jo Will Street. 2. Tarrant Appraisal District records indicate ownership that is different than what the plat application states. Provide one of the following: (1) A letter of consent, signed by the current property owner according to the Tarrant Appraisal District, or (2) if the property was recently purchased provide an official county document, such as a deed or tax certificate, indicating Randall Miller as the current owner. 3. Remove all unlabeled and superfluous features from the plat. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. There aze no perimeter street improvement fees due since there is an existing house on the property. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid maybe different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY $2,187 for a SINGLE FAMII.Y DETACHED HOUSING unit WATER $2.491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-050 MANOR Pu-r of MILER'S OAK TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing maybe comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION. There are no parkland dedication fees due since there is an existing house on the property. SIDEWALKSlTRAILS. The Colleyville Pathways Plan requires a four (4) foot concrete sidewalk to be constructed along Jo Will Street where none exist upon issuance of a building pemut if the lot is to be redeveloped with a new home. TENTATNE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, October 22, 2007, 7:00 p.m. Please submit the following to our offices: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Monday, October 1S, 2007, in order to make the scheduled hearings. Please contact me at ruthvei~r ~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 LOYD BRANSOM SURVEYORS INC.• CHARLES 8. HOOKS JR. REQISTERED PROFE38K)NAL LAND SURVEYOR 1028 NORTH 3YLVANIA AVE. FT. WORTH, TEXAS 78111 834-3477 FAX 831-9818 October O5, 2007 Ron Rutllven, Development Coordinator City of Colleyville Community Development Conunittee REF: P-07-0SO M>*iror Plat - M311er's Oak Response to Comments dated 10/04/07 1. Changed the street name. 2. Included a copy of the deed. 3. Removed all unlabeled and superfluous features from the plat. The owner acknowledges the following: 1. There are no perimeter street improvement fees due. 2. Water, sewer and roadway impact fees are due at the time a building permit is issued. 3. Trees not located within right-of-way or within the pad site must be preserved during construction. 4. There are no parkland dedication fees due. 5. The Colleyville Pathways Plan requires a four (4) foot concrete sidewalk to be constructed along Jo Will Street where none exist upon issuance of a building permit. ou, es B. s, LS ,RECEIVED. _ !~ ,. . l Per ............. i ~ '~ pl .~ •, ' i ~ ~ s ~ ~ I n -°~~ ~ ~ r ~ ~ ~ ~•$ai ~ ;i 1 1 ~~ • ~3 f f 1 ~i i i s d. , ~ v W W I ~ • t U .y. II W _. m ~ :_: g h i ~~ r I ~ 1i ~ ; ~ ao. ~+~as.~a. ~ ~~f - ~a~t ^ ~4 ~ I - I ~ ~f ~ I , ' ~ ~ I - ~ ~I ~ I ~ T ~~~ P ~j ~ .-~~ ~ ~ 1 ~~~~ ~~~ ~~ ~ ~~ ~~~~ ~ ~ ~~ ~~ ~ L~~ ~ s~~~~'• ~ ` - ` ~ . . r- ~ Y L ~~ C.~' iN ~ City of Colleyville ColleyvlleaTexas7603a (81 ~ 503-1000 ~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 10/22/2007 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC 1-Village Retail on 1.1 acres on Tract 1 F1 and 1 F2, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition to Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Planning Objectives Conceptual Site Plan Draft Ordinance History of Legislative Flle Version: Date: Acting Body: Action Text: 1 10/22/2007 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC 1-Village Retail on 1.1 acres on Tract 1 F1 and 1 F2, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 Explanation Joel Judd has submitted a request to change the zoning of 1.6 acres from AG-Agriculture and PUDC-Planned Unit Development Commercial zoning districts to the CC1-Village Retail zoning district. The properties are located at 1109 Church Street and 5500 Colleyville Boulevard. The property located at 1109 Church Street is unplatted and zoned AG. The property located at 5500 Colleyville Boulevard is platted and zoned PUDC. The applicant is seeking a zoning change in order to develop a portion of the properties as a physical therapist's office with the remainder to be used for general office and retail uses. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the Future Land Use Plan. Lot Sizes and Widths. The CC1 zoning district requires a minimum lot area of 15,000 square feet. The properties are required to be platted prior to the issuance of building permits. The platted lot(s) must meet the minimum requirements of the CC 1 zoning district. Surrounding Properties. The surrounding properties are a mixture of office, retail, church City of Colleyville Page 1 Printed on 10/18/2007 Agenda Bdeflng Continued and single family uses. The properties to the north are zoned PUDC-Planned Unit Development Commercial, R20-Single Family Residential and AG-Agricultural and contain a coffee shop, single family homes and a vacant lot. The property to the west is zoned AG-Agricultural and contains a single family home. The property to the south is zoned CC1-Village Retail and is developed as an office and a church. Properties to the east, across Colleyville Boulevard, are zoned CC2-Shopping Center and are developed as a shopping center and a bank. Development Trends. The development trends in this area primarily focus on retail and office uses. Church Street Construction. The estimated completion date of the Church Street construction is January 2008. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence in regard to this request. Summary. The proposed zoning change is in compliance with the Future Land Use Plan, which designates the subject property as a future retail development area, and is consistent with the surrounding zoning designations. Recommendation Approval Clty olColleyvllle Page 2 Printed on 10/f8/Y~7 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE October 4, 2007 TO JOEL JUDD FAX 817.498.7080 FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-033 1109 Church Street - AG and PUDC to CC 1 The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Submit a site plan of any proposed development(s) on the property. 2. Upon approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 3. If the zoning request is approved, the property shall be subject to the general provisions of the CCl zoning district. In Your Response Letter, Acknowledge the Following Information: IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid maybe different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Fees will be based on the proposed use, details of which are available in Chapter 13 of the Land Development Code. WATER $2.491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing maybe comprised of orange 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-0331108 CHURCH STREET AG & PUDC TO CC1 vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire conshuction period. PARKLAND DEDICATION FEES. Pazkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for non-residential development is $800 per acre. SIDEWALKS. The Colleyville Pathways Plan requires a trail to be constructed along Church Street and a sidewalk along SH 26 where none exist. The trail along Church Street must be at least 10- feet wide and the sidewalk along SH 26 must be a minimum of 5 feet wide. The sidewalks must be installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, October 22, 2007, 7:00 p.m. City Council: Tuesday, November 20 and December 4, 2007, 7:30 p.m. Please submit the following to our offices: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; The above requested items must be submitted no later than noon on Friday, October 12 2007, in order to make the scheduled hearings. Please contact me at ruthvenr(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 CI~T Colleyville Physical Therapy ~ Sports Rehab October 8, 2007 Mr. Ron Ruthven Development Coordinator City of Coileyville 100 Main St Colleyville, Texas 76034 RE: Z-07-133 1109 Church Street - AG and PUDC to CC1 Dear Mr. Ruthven: In response to the Development Review Committee's canments of October 4, 2007, please consider this letter as acknowledgement. 1. Submission of site plan: attached 2. Notation made that upon approval of rezoning request, the property must be platted prior to development. 3. We understand that if zoning request is approved, the property shall be subject to the general provisions of the CC1 zoning district. IMPACT FEES: We acknowledge that roadway /water / sewer fees are due at the time a building permit is issued and that guidelines for fees are general and could be difberent depending upon specific plans for construction and other arrangements provided for by a City-Devebper agreement. TREE PRESERVATION: We understand the process of tree preservation during construction. PARKLAND DEDICATION FEES: We acknowledge the assessment of parkland dedication fees of non-residential development at the rate of 6800 per acre will be at time of subdivision plat approval. Mr. Ruthven October 8, 2007 Page 2 SIDEWALKS: We acknowledge the requirement of sidewalk construction along Church St. and Hwy. 26 at time when any new stnu:tures are being buiR on the Property I look forward to approval by the P 8 Z Commission at their meeting on October 22, 2007. If you have any questions, please feel free to contact me. Sincerely, D ~~T Jcel D. Judd 5604 Colleyville Blvd. Suite E Colleyvil~, Texas 76034 817 49&3919 817 498-7080 fax RECEIVED ,_, :T ~ _ ,^.. r; ," , Per ............. Joel D. Judd STATEMENT OF PLANNING OBJECTIVES To construct office building for Joel D. Judd's physical therapist practice. DEVELOPMENT SCHEDULE Construction of project to begin upon completion of new Church Rd. extension. PROPOSED OWNERSHIP Joel D. Judd as sole proprietor. `\. ,gf89 ^ ~~ 91.0£8.9 „m589= •1 ,00'I~£'Zl ~~ `~ ,gs5e~ • -tom ~.m~,~£•~~s=gam ,~s9'06l = "1 .~L,6PJ'L~ •O ,m~e~z=~ s ~ u z .~ VJ ~ n w 0 n ~t z 0 W - W V -- ZJ O J H S (0W Q ~ fi ORDINANCE O-07-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.1 ACRES ON TRACT 1F01 AND 1F02, ABSTRACT 937 OF THE NANCY B. LOONEY SURVEY AND LOT 2, BLOCK 1 OF THE STARBUCKS ADDITION, FROM THE AG AGRICULTURAL ZONING DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE CC1 VILLAGE RETAIL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.OOj FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-07-033; 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, 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 by publication and otherwise, and after Ordinance 0-07-XXXX Page 2 of 3 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 of 1.1 acres on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition, from the AG- Agricultural zoning district and the PUDC-Planned Unit Development Commercial zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and, a portion of which, is described in the attached Exhibit "B", labeled Legal Description. 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. 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 Ordinance 0-07-X~CX Page3of3 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 day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Legal Description Being a 1.174 acre tract in the Nancy B. Looteey Survey, Abstract No. 937, Tarrant Cotmty, Texas and being portions of twr, tracts of land deacn'bed in deeds to David Ptrotfidc Linton and t~orcled is Volume 13434, Page 331 and Vohttne 13990, Pag~a 212, Dad Records, Tenant County, Texas and being more particularly described as follows: Beginait~g at a SB" iron with ~ set in the westerly line of said Linen tract recorded in Vohttae 13934, Page 331,'in the eastexlyliae of a tract deacrtbed in a deed to First Baptist Church of Collayville and recorded in Volwnie 15593, Page 51, said dud t+ec~rds, at the southwest of Tract 3 as described in a dxd to-tire. City of Colteyville and recadad tndet Tamutt County Clerk's File No. D206397239 and at the of a curve M the right is ffie aotnhwesterly lies of Church S11+t'd; Thence 189.$3 fact with the. arc of said crave to the right and the sotrthweaterly line of Church Strew to a Sl8" iron with uP found at the g of a eve to the ~R Seid curve tQ the right has a radius of 258.00' feat, a central angle of 42 degrees 09 minutes 23 seconds and a tong clmt+d which bears S 4S dtgrtes 33 minaees 40 sec:otxis E, 1.83.38 feCt; Thaaoe 16698 feat with the era of said curve to the felt std the southwesterly line of Church Strut W a 5/8" inns with cap found in the Y line of said. Linton tract recorded. in Volume 13990, Page 212 and in a ling of Lot 2, Block 1. Starbucks Addition, as addition to the City of Colleyville as alr~wn on the plat mxacled is Cabinet A, Salle 10946, Plat'Records, Tarrant County, Texas, Said carve so the kft has a radius of 341.00 .feet, a cemral angle of 2$ degrees 03 minutes 25 seconds and a Ong chord which tsars S 38 degrees 32 min~€oes 41 seconds E, 165.32 feet; Thence S 17 dcgt+as 17 minutes 13 seconds W with the easterly line of said Linton tact recorded in Vohune 13990, Page 212 and a lure of said Lot 2, 78.94 f~ to a point at a career of said Limon tract recorded in Vol~ue 13990, Page 212 and a coraar of said Lot 2 fi+om which a heat 5/8" iron. bears N 00 degrees 19 minutes 24 seconds W, 0.28 feet; Thence S 89 degroes 16 minutes 56 secoaids 'W with. the southerly lines of said Linton tract std the:. northerly Line of said Lot 2, 215.52 feat to a 5J8" irxsn found at the southwest comer of said Linton tracttecardad in Vohmae 13434, Page 351, the northwest comer of said Lot 2 and in the eaaoerly iiae of said First Baptist Church of Colleyville ~; Thence N 00 degrees 34 minutes 20 seconds E with the. westerly ling of said Linton tract rxorded in Volume 13934,. Page; 351 and tht easterly lint of said First Baptist Church of Calleyvitle tract, 337.24 feet to the. point of beginning and containing 1. ! 74 arras or 51,159 square feet. ~. ~,~. q-2o-u~