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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/10/2008City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~niinnni nnllA-niillA ~nrrl i.1 sti ''1 i ~ ~~~~If~~ ~~~ Agenda -Draft Monday, November 10, 2008 6:15 PM City Council Chambers Planning and Zoning Commission '' City ~f ~+~~~eyV~~~e 100 Main Street . ~ Colleyville, Texas 76034 `~~~~'~` Agenda -Draft 817.503.1000 -.r_„ - www.colleyville.com Planning and Zoning Commission Monday, November 10, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Dudziak 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES October 13, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a. Approval of a request for a Special Use Permit for horses on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 7b. Approval of a request for a zoning change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 City of Colleyville Page 1 Printed on 10/30/2008 Planning and Zoning Commission Agenda -Draft November 10, 2008 8 9. 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS RNMENT ~~ I hereby cq~ify the above a d~ wa~ posted on the bulletin boards at City Hall on Thursday, November 6, 20 8 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 10/30/2008 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 1/1/IA/IA/ r+~lh~n iilh ~~rs1 r f .Z_~ .'~ :, .. r~~~:~ Minutes -Draft Monday, October 13, 2008 6:15 PM City Council Chambers Planning andPlanning and Zonin~Commission ~, ,,~~ . City of Colleyville Minutes -Draft s ~;., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 13, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 13, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioners Larry Knox, Scott Redfearn and Denis Duffy Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Byerly. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the September 4, 2008 meeting minutes as written. Commissioner Phelps seconded. Commissioner Dudziak moved to approve the September 8, 2008 meeting minutes with correction on page 3 with the removal of the word City of Colleyville Page 1 Printed on 10/14/2008 Planning and Zoning Commission Minutes -Draft October 13, 2008 "if' in the third paragraph. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Clardy, Phelps, Byerly Absent: 3 -Knox, Redfearn, Duffy 6. RECOGNITION OF OUTGOING MEMBERS Commissioners Byerly, Phelps and Dudziak all thanked Commissioner Duffy for his service on the Planning and Zoning Commission and stated they would miss him. 7. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to the newly appointed members. A new roll call was taken. Present: Commissioners Dave Dudziak, Michael Clardy, David Phelps, Ron Rotthaus and Jeff Byerly. Absent: Commissioners Larry Knox and Scott Redfearn 8. ELECTION OF OFFICERS Commissioner Phelps nominated Commissioner Byerly to Chairman. Commissioner Clardy seconded. All accepted the nomination. Commissioner Byerly nominated Commissioner Dudziak to Vice Chairman. Commissioner Phelps seconded. All accepted the nomination. Commissioner Byerly nominated Amy Shelley to Recording Secretary. Commissioner Dudziak seconded. All accepted the nomination. 9. APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE Commissioner Byerly nominated Commissioners Dudziak and Clardy to the Park Land Dedication Committee. Commissioner Phelps seconded. All accepted the nomination. City of Colleyville Page 2 Printed on 10/14/2008 Planning and Zoning Commission Minutes -Draft October 13, 2008 10. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 11. REGULAR AGENDA ITEMS 11a Approval of a request for a minor plat for Lot 1, Block 1 of the Gleason Estates Addition on 0.9 acres being Tracts 3D2A and 3D1 B of Abstract 1346 of the J. Riley Survey located at 114 Quail Run Road, Case P-08-032 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff if the accessory building is set back from the property line 10 feet? Justin Bass replied yes. Commissioner Byerly moved to approve case P-08-032. Commissioner Dudziak seconded. Commissioner Phelps questioned staff if the existing structure would be removed? Justin Bass replied the existing structure would be removed and if something were to happen to the existing accessory structure, the building would have to be brought up to city standards. Commissioner Phelps questioned staff if this plat would be comparable to the existing neighborhood zoning districts with the same side setbacks? Justin Bass replied yes. Commissioner Dudziak questioned staff if the accessory structures to the far right property line, are they on a foundation or are they on stilts and is it a structure that is safe? Justin Bass referred to the applicant to answer the question. Erich Haas, the applicant, came forward to answer Commissioner Dudziak's question. He stated the accessory structure is on a foundation, concrete slab. The motion carried by the following vote: Aye: 5 -Dudziak, Clardy, Phelps, Rotthaus, Byerly Absent: 2 -Knox, Redfearn 12. PUBLIC HEARING AGENDA ITEMS 12a Approval of a request to amend the Planned Unit Development of Lot 1 R, Block 1 of The Gardens Addition located at 7011 Colleyville Boulevard, Case Z-08-021 Justin Bass presented the case and briefed the Commissioners. City of Colleyville Page 3 Printed on 10/14/2008 Planning and Zoning Commission Minutes -Draft October 13, 2008 Commissioner Byerly opened the public hearing at 7:15 p.m. Ty Thompson, the applicant's engineer, came forward to answer any questions from the Commissioners. Commissioner Phelps questioned Mr. Thompson regarding how deep is the detention pond and is it going to have water in it permanently? Mr. Thompson stated it would hold water for irrigation purposes in the future. There will have to be retaining walls constructed to hold the water. He stated all construction efforts would be coordinated through the Engineering department. He stated it will be a functional drainage structure. Commissioner Dudziak questioned Mr. Thompson regarding the building of the structure? Mr. Thompson stated the structure would be four feet on the northern end and then slope back to the existing grade. Commissioner Dudziak questioned Mr. Thompson if there would be any flooding of the residents? He stated there would be no chance of flooding of the residents. There being no one wishing to speak, the public hearing was closed at 7:20 p.m. Commissioner Phelps moved to approve case Z-08-021. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 5 -Dudziak, Clardy, Phelps, Rotthaus, Byerly Absent: 2 -Knox, Redfearn 13. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 14. COMMISSIONERS' COMMENTS AND REPORTS None 15. ADJOURNMENT The meeting adjourned at 7: I hereby ce the above agen~ divas osted on the bulletin boards at City Hall on Thursday, October 9, 2008 by 5:00 .m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 4 Printed on 10/14/2008 `~~ r ~ ~ City Hall _ ~'* Clt of Colle V~~~e 100 Main Street ! ' , ~~~~ 3 Colleyville, Texas 76034 ~~ ~ ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 11/10/2008 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 Attachments: Location and Zoning Map Notification List Applicant's Request Development Review Committee Memo Applicant's Response Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/10/2008 Planning and Zoning Commission Title Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 Explanation Gary Panno has applied for an SUP to allow two horses on Lot 12, Block 1, of the Brighton Oaks Addition, which is located in a R20-Single Family Residential zoning district. This is a 1.9 acre parcel of property located at 2912 Sherwood Lane. The horses are currently being boarded at an off-site location. The applicant has submitted a letter addressing the request, which is attached to this agenda briefing. Horses and private stables are permitted on lots zoned RE-Single Family Estate Residential or AG-Agricultural. However, the harboring of horses and the construction of private stables on R20-Single Family Residential zoned lots requires approval of an SUP. The Land Development Code requires that each grazing animal must be provided a minimum of 15,000 sgaure feet of land for use as pens, stables, and grazing. As Mr. Panno has requested to allow two horses on this property, he will be required to provide a minimum of 30,000 square feet for the animals. Mr. Panno is also requesting that construction of a horse stable be allowed to take place prior to construction of the primary residence. Construction of the stable will be required to meet the accessory building regulations of Section 3.27 of the Land Development Code. City of Colleyville Page 1 Printed on 11/6/2008 Agenda Briefing Continued Waivers. The applicant is planning to sell the vacant lot contingent on approval of the SUP. As the purchase of the property is based on the approval of this request, the applicant wishes to have the SUP termination provision extended to two (2) years to allow for the prospective buyer time to contract and design a home for the lot. Additonally, upon construction of the new home, the appliacnt requests that the SUP remain on to the property indefinitely. If any amendments related to this SUP are submitted for approval, the SUP in its entirety would be subject to review. Section 3.24.C of the Land Development Code says the following regarding SUP termination: 5. Revocation Upon Failure to Develop - A special use permit approved by the Council shall become null and void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. The City Council may in its adopting ordinance, shorten or lengthen the time in which a building permit or certificate of occupancy must be issued in order to preserve the special use permit. Any Special Use Permit in existence upon the passage of this ordinance shall become null and void one year after the passage of this ordinance, unless a building permit or certificate of occupancy, whichever is applicable, has been issued within said year. Exception: The ordinance authorizing a Special Use Permit may provide for an alternate expiration period. 6. Termination and Abandonment of Use - In the event the building, premises or land uses authorized by a Special Use Permit are terminated or abandoned for a period of six (6) months or longer, the use of the same shall thereafter conform to the regulations applicable to the zoning district, unless a new and separate Special Use Permit is approved for continuation of the use. Adjacent Zoning and Development. The surrounding properties are zoned R20-Single Family Residential and developed as single family residences. Fencing and Screening. An approximately 4'h-5 foot high masonry column, wrought-iron perimeter fence currently exists along the front property line. The property is completely fenced along its sides and rear as well. Appropriate fencing for the grazing area will be required once the horses are moved to the property. Public Notification. Staff mailed notices to 12 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 not received any letters in response to this request. Recommendation. Approval with the conditions stated in the draft ordinance. City of Colleyville Page 2 Printed on 11/6/2008 Location and Zoning Map Notification List OWNER_NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Holdgate, Brian Etux Sandra G 4502 Shadywood Ln Colleyville TX 76034 004502 Shadywood Ln Mieyr, John C Etux Melissa C 4406 Shadywood Ln Colleyville TX 76034 004406 Shadywood Ln Cornelius, Kenneth Etux Mary PO Box 1557 Colleyville TX 76034 004402 Shadywood Ln Gentry, Ronald R 4400 Shadywood Ln Colleyville TX 76034 004400 Shadywood Ln Kozakis, Gregory A Etux Brenda 3004 Sherwood Ln Colleyville TX 76034 003004 Sherwood Ln Millweard, Thomas Etux Cynthia 3000 Sherwood Ln Colleyville TX 76034 003000 Sherwood Ln First State Bank Of Gainesvill PO Box 10 Gainesville TX 76241 002912 Sherwood Ln Langston, Bobby D Etux Linda L 2908 Sherwood Ln Colleyville TX 76034 002908 Sherwood Ln Whittaker, Thomas Forwood 2904 Sherwood Ln Colleyville TX 76034 002904 Sherwood Ln Smith, James K 3001 Sherwood Ln Colleyville TX 76034 003001 Sherwood Ln Sherwood Parsonage Real Estate 901 Heather Dr Euless TX 76040 002905 Sherwood Ln Wipper, James Etux Diane M 2909 Sherwood Ln Colleyville TX 76034 002909 Sherwood Ln Ruck, Herbert Etux Viola 2913 Sherwood Ln Colleyville TX 76034 002913 Sherwood Ln Panno, Gary, applicant 6250 Pool Rd. Colleyville TX 76034 applicant Public hearing notices were mailed on Thursday, Oct. 30, 2008 by Amy Shelley Applicant's Request To: City of Colleyville Subject: Request to allow 2 horses From: Gary Panno I am requesting a special use permit to allow 2 horses on my property located at 2912 Sherwood Lane. This property is approximately 1.95 acres. Also I would like to build a horse stall about 25' X 40' or I_Q~ square feet. ,~~~ -~~ ~~ : ~ Thank You nary anno -~` /~~ ~' ~: ~,; :; .. tit a.~,.w~.._~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE October 20, 2008 FAX TO GaxY PaNNo EMAIL ~~ FROM Justin Bass, Planner SUBJECT Z-08-022 2912 Sherwood Lane, Special Use Permit for Horses in R20 Zoning The Colleyville Development Review Committee (DRC) has reviewed your special use permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. The Tarrant Appraisal District lists this property as owned by First State Bank of Gainesville. If this has changed, provide proof of ownership. If not, we require approval by the current owner of record to process this case. 2. This property is currently vacant. Will there be a primary residence built on this property? 3. What is the maximum number of horses that will be kept on the property? 4. Will there be a stable constructed to shelter the horses? If so, provide details of the stable and its proximity to any property lines. 5. Are there any nearby properties where this type of request has been granted? 6. The Land Development Code requires that residential properties with livestock provide a minimum of 30,000 square feet per animal over SOO lbs. in weight. Will the necessary land be available to support your request? Indicate the proposed grazing area on the site plan. 7. This SUP request must be acted upon within six (6) months to avoid loss of the permit. A building permit or certificate of occupancy must be obtained within a year of SUP approval or the permit will become null and void. You may request the Planning and Zoning Commission and City Council modify these requirements if necessary. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-022 SUP FOR HORSES TENATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, November 10, 2008, 7:00 p.m. City Council: Tuesday, December 2 and December 16, 2008, 7:30 p.m. The above comments must be addressed in a letter of response no later than Friday, October 31, 2008. This item will not be scheduled for a public hearing for consideration until the response is received. Please contact me at bass] a~c.colleyville.tx.us or at 817.503.1055 if you have any questions. PAGE 2 OF 2 Applicant's Response Date: 11/3/2008 To: Justin Bass City of Colleyville From: Gary Panno Subject: Z-08-022-2912 Sherwood Lane, Special use permit for horses in R-20 Zoning The following responses are to your letter dated 10-20-2008 1. The official owner of the property is: Gainesville State Bank Trustee for Gary Panno SEP account. In other words this property is owned by my SEP (Simplified Employ Pension) with I own 100% of. 2. The property does not have a house located on it. I have 2 couples interested in the land for their primary residence. They intend to build a home on the property within 2 years. 3. The maximum number of horses is 2 4. I assume there will be stables built. At this time I do not have any plans or details. I would think that the stables would have to be built in accordance with requirements in the Building Dept. 5. Yes there are properties that have been granted similar request. 6. The grazing area would be the back 3/4 of the lot. The area is 160'X 400' or 64,000 sf 7. I would like to request that the SUP must be acted on in 2 years (including the building permit application), Horses will be permitted there prior to the primary residence being built, The SUP is granted to the land and passed on to the new owners and that there will be no time limitation on the length of the permit. Thank You Gary Panno ~~ Exhibit S tl 6 E a 6 8 I ~' ~ fw..~ ark __. .~ - ~ . ,tea.^.~.,,.,~w„ ~ _ i ~ -f- ~- _ ......- _ _ ~~ ~~.y_ - _ ,f, - _ - .T ~ _ _ _ _ _ w {{_ F F_ - - rJ i :; ~ ~~ ~ N ~ Q ~~F ~ ~ a C3 ~ ~ ~- ~ ~ ~`~ ~, ~I~ ! - .. ..- - - ti - -~ -~- 9 u ..:.~., µ: w. ._L. _ .~, _ .~.. .o _~ ~~,.cb~ '' ,_ UI ~~ Y ~~ ~ F~+ ~ £ ~ ~ ~ ~ s~ ; : ,, ~. ,. ~ .~C' 2 _ ~ M y ~ ~~& 9y~a 9o vF~ ~ 9 s ~y~ r ~_ ~ Q'b „~~~ '~i ~ _ @ '~ . 4 P~ ~~ ~5 ~~# ~R ~~ ~+ ~ ~ ~ S i~ ~~ ti ~ Y. 3 ' S ~ vK ~ u ~ 2 ~ } iA __ n~ $ _ - j 88 6 y L S ~ 0 R 1 d ' .•lr ~~ i ~ ~ y ~' ~ ~ ~2~ > 4 ' y } ~9 ;° s ` ~ C as ~ q ,~ g~~ * ~~ ~ ~ , 3q9 ~ ~ M ~.~ • ~ ~~&~ # ~4 ~ 4sS ~ 4 ?a . b ' ~ o 2 a ~, W -, b _ _ , , PRECISE LAND SURVEI'IIdG, LNC. J ~ ~. _ ~ n ~~~~ ~ ~~~ _ ~~ 4825 EAS7OVER DRIVE • MESQUITE, TEXAS 75148 x r~~0. ~ ~`~; _', .~'p"~ i~~~~ (972) 681-7072 FAX (972) 279-1508 ,~ I~~ j~; 1` ~~~ ~ ~~~~ ORDINANCE 0-08-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW TWO HORSES ON LOT 12, BLOCK 1, BRIGHTON OAKS ADDITION, LOCATED AT 2912 SHERWOOD LANE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED 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 under Case No. Z-08-022; 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 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. Ordinance 0-08-XXXX Page 2 of 3 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 to allow horses on the premises of Lot 12, Block 1, Brighton Oaks Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Plat Exhibit, attached as Exhibit "B". Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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. The horses shall be kept within the area as shown on "Exhibit B". 2. There shall be no more than two (2) horses inhabiting this property at any given time. 3. A horse stable, built in compliance with the accessory building regulations of Section 3.27 of the Land Development Code, may be constructed prior to a primary residence on the property. 4. There shall be a minimum of 30,000 square feet of land dedicated to the grazing and harboring of the two (2) horses. 5. Within two (2) years from the date of legislative approval of this Special Use Permit, a building permit for a primary residence shall be approved for the property. 6. The Special Use Permit shall not be revoked if it is to remain as is described in this ordinance. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-08-XXXX Page 3 of 3 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 day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 t ` ,4 '; ~ `~ 4406 3 ', 4400 ~ f ~ 7 7 ` '~~~ S ~~ ~ 3 i ?r '~ iE 1 ;~ '1 ~~ i ' } ~ 3 3 I ~ t j 5 ~t ; i '~ ' f {' 4506 r ',. , 4502 ~ } } 1 [T402 j 1 ( ' ~ i !i ~l ~ 7: ', ~( 1 ~' E (( t. 7 ! ~ i 4 ~ [ { 3 ~ ' . t ........----.- ~ __.._...-- 4 -Y- ... i Site ~~ 2904 i 2908 2912. 300.0 3004 ~ j ~ IIr S = ~~ E j1€ t .N ~~~~^^^^ .. ' Sherwood Lane .~„"--`..,. --- - ~~ _~..................~ .............._.,. ~ _..~~. ~ E Y __~_.._M- ` ` 3 30 IE f4LV ~ ~~~ E 3001 ~ ~' 2909 ; 2913 ~ ~ ~ ~ t ( e 3t - (y 1 2905 ` ~ f f { ~ ~ ! } 300 ;' I, ', ~_v.~.~ r!._ - w.~_ __ E ~. ~ ~3 } i A "} _ . _ r' / `'~, ~ 3000 004 EXHIBIT "B" -Plat Exhibit s+lAt Y YLii J ,... ~ _... ~ i (~ a. ~Ef. .~_g.~i E~ ~.r. E _ ' ~I ~ ! ,,~ Border for 1= ~ __ ~. _~ _ ~...._._- Horse Area .K , w.a "~ ~ . ~ 160' x 400' ... r~~ ~~ ,,, .~ I'I ' .,~~.; .~ ~: ~, ` ;~ t ~~ ~ Y ~~ ~~ E `G ~~ ~"F -..aAlh tt I ~ ~. ~ pp 6 j Z } t ~ , ~ t ~ ,( ~~ i~ y I .. b >. ; ~ ~ Y ~ '.... ~i~ ~ ~ .w -V2f 1 ~ ~m~~e , Wt.. - _ ; ~~ f ~i.Y p.^.f W f `tv City of Colleyville 100 Main Street r '~~~ ~€~>1E Colleyville, Texas 76034 ,4,°_ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 11/10/2008 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 Attachments: Location and Zoning Map Notification List Applicant's Request Development Review Committee Memo Applicant's Response Comparision of Uses Letters of Opposition Site Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/10/2008 Planning and Zoning Commission Title Approval of a request for a zoning change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 Explanation Applicants Kim Martin and Shannon Bravomalo submitted a request to rezone 1.9 acres located at 6100 Colleyville Boulevard. The applicants are requesting to rezone the property from CN-Neighborhood Commercial to CC1-Village Retail to allow for more use options to be available in the lease spaces of the existing shell building. The Planning and Zoning Commission recommended denial of the rezoning of this property from CN to CC1 in December of 2006. The applicant did not appeal the request to City Council. The attached table provides a comparison between the CN and CC1 zoning district permitted uses. Existing Conditions. The subject property consists of Lot 1, Block 1, of the Metrovest Addition, located at the southern intersection of Hardage Lane and Colleyville Boulevard. The property has been developed as part of a 2-lot office and retail shopping center, containing a total of 34,782 square feet. The subject portion consists of 18,464 square feet City of Colleyville Page 1 Printed on 11/6/2008 Agenda Briefing Continued of leasable space. Two tenants have recently moved into this portion of the center, which is zoned CN. The second and adjacent lot, located directly to the south, 6000 Colleyville Boulevard, is zoned CC1. Lot Size. The lot meets the minimum requirements of the CC1 zoning district. The Land Development Code requires CC1 lots to be at least 150 feet wide, 120 feet deep, and contain a minimum 15,000 square feet of property. The subject lot is 275 feet in width, 254 feet in depth, and contains approximately 83,000 square feet of land. Master Plan. The Colleyville Master Plan designates the future use of this area for retail type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The property to the north is zoned PUDC-Planned Unit Development Commercial and is developed for office uses; the property to the south is zoned CC1-Village Retail and is developed for retail, office, and restaurant uses; the properties to the west are zoned R15-Single Family Residential with existing single family homes; and the properties to the east are zoned CC2-Shopping Center and are developed with office uses. Public Notification. Staff mailed notices to 19 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 10 letters in opposition to this request. Summary. Staff has analyzed all commercially zoned property along Colleyville Boulevard. Of the approximately 347 nonresidential acres adjacent to Colleyville Boulevard, 79% are zoned as CC1 (Village Retail), CC2 (Shopping Center), or CC3 (Highway Commercial). Another 11.5% of the subject acres are zoned as either PUDC (Planned Unit Development Commercial), PUDR (Planned United Development Residential -commercial portions), or CPO (Professional Office Commercial). ML (Light Industrial) zoning accounts for another 8%. And only 1.5% of the commercially zoned property along Colleyville Boulevard is zoned as CN (Neighborhood Commercial). The requested zoning is compliant with the Master Plan. Recommendation Approval City of Colleyville Page 2 Printed on 11/6/2008 Location and Zoning Map 1316-- 6109 ``•~/ 6200 ~ ~;- ~ . 13.1.5 '~ - ~ . 6112 _.__ `' 6105 ~" ~~ ~~~ ~'~ ~~~ 6108 ~~._. .~ 1401 ~"°-~- / Q~ ,~~""~ t ''' 1400~~ .. ~~ '~t, ~~ 6104 .. ,; ~, ~, 6118 t ~,, 012:,! / , r 6008 ...,-.3. 4 6004- 6000 ,. i w 8 `, 5910 ;~ 3 `~' i 6?os ,; i', 6200 ~~~ /6,~ ,~ 1405 ,. ~, •. ! 6100 `~. ,, J "~ 6013 R15 -~,. ~ ~'~._. Iy,~ 611r .• - 6012 ~~'`~~~` 6009 rf• ,.., L,q~fi 5912 ,,.- 1324 €~ __: ~~ ~~ Notification List OWNER_NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS_ADDR Gossett, Lelton Etux Becky S 1400 Hardage Ln Colleyville TX 76034 001400 Hardage Ln Neff, William A Etux Carol S 6104 Ponderosa St Colleyville TX 76034 006104 Ponderosa St Colleyville Commerical Prop 1468 Sandhill Ct Roanoke TX 76262 006114 Colleyville Blvd Condon, Jack L & Mary D 6100 Ponderosa St Colleyville TX 76034 006100 Ponderosa St Pullen, Christopher Etal 6013 Ponderosa St Colleyville TX 76034 006013 Ponderosa Ln Moore, Bobby Family Ltd Prtn 6113 Colleyville Blvd Colleyville TX 76034 006113 Colleyville Blvd Colleyville Commerical Prop 1468 Sandhill Ct Roanoke TX 76262 006114 Colleyville Blvd Hedgcoth, Ernest Etux Phyllis 6012 Ponderosa St Colleyville TX 76034 006012 Ponderosa St Sims, Jimmy D Etux Janis D 6009 Ponderosa St Colleyville TX 76034 006009 Ponderosa Ln Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006100 Colleyville Blvd Griffith, Steve G Etux Chantal 6008 Ponderosa St Colleyville TX 76034 006008 Ponderosa St Sligar, Tracy Etux Alice 6004 Ponderosa St Colleyville TX 76034 006004 Ponderosa St Corley, J T Jr 204 Kings Creek Dr Terrell TX 75161 006007 Colleyville Blvd Gorgi, Nagy Etux Ewa 6000 Ponderosa St Colleyville TX 76034 006000 Ponderosa St Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006000 Colleyville Blvd Parshall, Misty H 5912 Ponderosa St Colleyville TX 76034 005912 Ponderosa St Blue Bonnet Hills PO Box 11250 New Orleans LA 70181 006001 Colleyville Blvd Bluebonnet Hills Cemetery PO Box 11250 New Orleans LA 70181 005713 Colleyville Blvd Pro Co Paint And Body Inc PO Box 206 Colleyville TX 76034 005900 Colleyville Blvd Kim Martin, applicant PO Box 3218 Fort Worth TX 76113 applicant Public hearing notices were mailed on Thursday, Oct. 30, 2008 by Amy Shelley. Signature Applicant's Request IVI I~~I1~~T.~I E, C7 ~tl 1'_A_~~ Y COMMF i2CtAL REAL i` 1ATE October 23, 2008 Ron Ruthven, AICP, Interim Community Development Director City of Colleyville Community Development Department 100 Main Street Colleyville, TX 76034 RE: ZONING CHANGE 6100 COLLEYVILLE BLVD. COLLEYVILLE, TEXAS Dear Mr. Ruthven: The purpose of this letter is to request a zoning change for above referenced property. The current zoning is "CN" and I am requesting the zoning to be changed to "CC I ". This change will give me more options of Tenants that I can bring to the shopping center and be more comparable with the other shopping centers in the area. Your approval of this change will be greatly appreciated and if you have any questions, please do not hesitate to call or email me at Sincerely, !~~ ~`~ Shannon Bravomalo 32*1 <~nliinsworth SL, 76107 P.O. Box ;4$7Y+ Fort Wonh, ~T~.e n,, 'i €>tT:1 ~;i'Z.]`~ Phone Fax: CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE October 30, 2008 FAX TO SHANNON BRAVOMALO EMAIL FROM Justin Bass, Planner SUBJECT Z-08-023 - 6100 Colleyville Blvd, CN to CC1 Rezoning Request The Colleyville Development Review Committee (DRC) has reviewed your zoning change request submitted to this office. Please have a representative present at the following meetings. TENATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, November 10, 2008, 7:00 p.m. City Council: Tuesday, December 2 and December 16, 2008, 7:30 p.m. This item will not be scheduled for a public hearing for consideration until the below signed response is received. Please contact me at bass~a),ci.colley~~ille.tx.us or at 817.503.1055 if you have any questions. Recc~r~ci t~f Ackuc~~~=lecllge~ne>lit I ~an~.E, ~.e~rr,~ ~~~~ I~°eP~~ana~~~t' ~i~•~ie~tr C'vx~~atte~ ,~naa ire its extzr~tt?, c~ ~c~ ~t1 r~e~~v~~ ~~=r~'~,~ ~~xF ce~J~i~a;~rtts tint hrr~~~ be~x~ pFx•~:,exrt~~ 1~~~-~~~a. Z ~rPsn rc~xrl~x~sFCrxar~ t~~cxt if %,t~s• i:;,`v%~jrnric~*~ ~JECt7~rfs ai;ab~'~ ax• t~2e ~~Q~at is ~It~r,;~axx ~~~~a~~ x•=as c~j•aga•~ally, .~~~?~f~a:~irE~ct to _~e,~ ~"c7~r~,r~ ~f.i~° 1~1ela,~xx~erat ~~pa1rfilxtex~t, t~~a ca~~ nttt'~~ be satbj~r~~ to ~~~°r~~~ ]•["~•;~t?#b c~rn° [~~c~ia`trzr;~1 r•~•xti~exxra~s €~at ax~~Ir~~~c? ~a=at~aaxa t~ais xxa~xxxo. Pritstect N ~atux~e IIate 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 Applicant's Response CITI( ~F ~~LLEYIJILLE COMMUNRY D1;VEl.OPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE RATE October 30, 2008 FAX Td S1-1ANNON BRAVOM/A.LO EMAIL, FROM .lustin Bass, Planner sU~ECT Z-08023 - 6100 Colleyville T31vd, CN to GC 1 Rezoning Request The Colleyville Taeveloptrent Review Committee (DRC) has reviewed your zoning change request submitted to this office. Please have a representative present at the following meetings. 1"ENATNE PUBLIC HEARING SCHEDULE Planning Bc Zoning Commission: Monday, November 10, 2008, 7;00 p.m. City Council: 'T~esday, December 2 and December 16, 2008, 7:30 p.m. This item will not be scheduled for a public hearing for consideration until the below signed response is received. Please contact me at b. i~ci.collcwille.tx.us or at 81'1.503.1055 if you havE any questions. R.ec.o~r~rl of .~el~©~xlecl.~e~r~extfi I Jadve read =31~r I}4tver`apneext Rev:~r C.om~arittau m~nza ire zts u~rtaJx~rv~ ar~a~{dly aehro~vaar~ge a1? cbmrrre.~;ts Naar irar~e ,~~ar~ presented ±aaa•ei~c. I also a~rraersrard r+art if .Mc~1v i~or~rrc~trv~ .bacanxes a1~~: ~ab1~a oe~ the. r agsaasi rs aP1~~ from t+~T~a.r ~vc~s ari,~ina~~.~ .ruhrnitted to fhr~ G"orrimlaraity+ ~?svef.a,~me~zF D~pa~•srna~r.;, t~tA case mom: ~ subj~act to frtrtizer• r~~i~ra-~ ar,d {7G~G~:i.TOtltl~ 1x~r~tt'~ is 7TOf. Ir~~GdlrC1C[a ~I~it+~tiri t~};s ?!~&ri10. ~~ d Printed P~ ~i1/L t~C~ SS?9attr¢e ~Datp. 100 Main Street ~ Golleyville, Texas 76034 - 81 7.543. ~~ ~ l q i `; , SET ~.~~k...,...~ Comparison of Uses Allowed in CN (Neighborhood Commercial) Versus CC1 (Village Retail) Zoning Districts CN Zoning District Permitted Uses CC1 Zoning District Permitted Uses Accountant's Offices Advertising Agencies Attorney Offices Financial Institutions Barber/Beauty Shops and Day Spas Community Centers/Recreation Centers Engineer/ Architect/Surveyor Office Fire/Police Stations Florist Shops General Business Offices not elsewhere Golf Courses -Privately Owned Golf Courses -Public Owned Government Buildings Government Maintenance Facilities Hardware w/o outside display Insurance Agencies Interior Decoration Stores Jewelry Stores Libraries Mailing and Shipping Stores Management/Public Relations Services Offices Museums Parks and Open Space Areas Photography Studios Post Office Psychologist Offices Public Schools Real Estate Agency Offices Religious Institutions Security Broker Offices Shoe Repair Shops Tailor and Alteration Shops Title Abstract Offices Travel Agency /Airline Ticket Offices ALL USES IN CN ZONING DISTRICT Auto Parts and Accessory Stores I Antique Stores ~ Apparel and Accessory Stores Arts and Crafts and Hobby Shops Bakery Stores Bicycle Shops Book/Stationary/Greeting Card Shops Camera or Music Stores Chiropractic Clinics Civic/Social/Fraternal Organizations Copy Centers/Print Shops Dance Studios/Martial Arts Studios ~ Department Stores ~ Dry Cleaner Pick-up Stations Dry Cleaners (w/on-site laundry) Fitness Centers Furniture and Appliance Stores Golf Driving Ranges Grocery Stores Meat or Fish Market Miniature Golf Courses Optometrist Office Pet Stores Pharmacy Physician's or Dentist's Offices Restaurants, Cafes and Cafeterias Telemarketing Offices I Theaters I Video Rental and Sales Stores I Letters of Opposition TO: CITY COUNCII:. MEMBER! PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-0~-023 MY NAME IS ,_ IVA~~-'( I`~~--~t~-~~ . I AM THE OWNER: C}~' THE PROPERTY AT ~ ~~t-tel~.t~.t ~ ,~ f I AM AGAINST ~____ 1: HIS ZONING CI~IANGE IZEQUEST. ~''/ 'I'{~: CITY COUNCIL MEMBEW PLANN'I'NG AND ?{~NING COMMISSION IZEF: ZONING CASE NUMBER Z-08-023 MY NAME ISt~~~~`~P. ~.,f-~,~ri,_,. I AM T~I1 OWNER OE THE PROPERTY AT ~~ bC? ~~ Vi Q-('. t~' _. I AM AGA~N~T "THIS ZONING CHANGE REQUEST. ~~~~ _~~ si~nuture TO: CITY COUNCIL MEMI3:E~RI PI,~NNING AND ZON1NC COMMISSION CEF: ZONING CASE NUMBER Z-08-Q23 MY NAME IS ~`~~~ ~ .~L/jr~,'. I AM THE DWiti~ER OF THE. PROPERTY AT J O a L/ r°o~j4~".~'~s,.~ I AM AGAINST THIS ZONING CI-I.~NCiE REQUEST. ~. re --- "I'O: CITY COI3NCIL MEMI3ERl PLANNING AND ZONING COMMISSION REF: laONING CA.'F_, NI.TMBER Z-08-023 l~~i~ _ MY NAME IS C.l~~d ~ ~~ I AM THE OWNER OF THE PROPERTY A~:' i~'a' f ~ ~ _ ~ " ~' '~ ~ -~'•{ ! AM AGAINST "I'HI5 ZONINU CHANGE REQUEST". si~n~ttiare 'I't7: CI'I"Y Ct)UNCIL MEMBERI PLANNING AND ZONING C(~NiMISSION RF..,F: ZONING CASE Ni_1MBER Z-U$-023 MY NAME IS / ~~ AM THE O'~NER OF THE PROPER"['Y AT _~_'?%~~_~~s~._._.._. I AM AGAiNS`C THIS Zt)NING CHANGE REQUEST. _ ~~ C~ signature 'I'O: C"I'I'Y C'()LTNCIL N1:IJMBERf PLt~NNING ANA ZONING C'Olvilr!II::~SI{7N Kk~F: ZC)NINCJ Cf~SE NUMBER Z-OI3-023 n `` N1Y NMI:? IS ,. ' °: f 1VI TIE C)V~'NER t~I~ THE ~' ` ~~` AGAINST "l...C)NINU CII:~INGE RECIUI~S"I'. T4: CITY C~Ot~7NCIL MEMBEI~I PLANI'~ING AND ZONING C;OMMISSIt)N K~ F: "l:.,t)NING t;ASE ~1UMI3ER 2-08-023 MY NAME IS ;~~1kS ~~t+~~ ~~-~ ~ . I AM THE C3WNER Q~' THE I'R(JPERTY AT ,~_`~~„+~- ~ahtsr~ Sa '~ ~ I AM AGAINST "I"HIS Zt)NING C"I-IANCTE KEQ[.1EST. signature Tfl: C'Ir['Y CULINCIL MEMI3ER! PLANNING AN:I~ ZONING CC)NIMISSIC)N [tEF: Zt)NING CAS~_T~itJMBER. I~1Y NAMI~; IS . I AM THE GWNER tjF THE . I AIVI AGAINST PROPI~RTY 1~T t,PU (.~----1._~.. TC): C~:[7`Y C'C)L1NC1L MEMBER/ PLANNING AND IC)N:(NG C~OMIviISSIC)N REF: ZONING CASE NUMBER Z-U$-423 -~----- IviY NAME IS ~"" t2~ s~ ~. -'~;, `~~`7":~NI THE OWNER CAF THE PR(JI'FR.'I'Y AT ) ~~ ~=' ~' ~~''~ `~- ~ - '~... I AM AGAINST TO: CITY C"QUNCIL 1v1EMF3ER1 PI:ANNING AND ZtJNING CC)MMISSI(~N REk: ION:ING CASE NLTMI3FR Z-08-~23 MY Nt1IV1E IS --~°~~,~~. -,, ~ ~~~r'~`. 1 AM `I'HE OWNER OF THE PROPERTY AT ~.~ ~ ~ ^~fa ~ I Aivl ACXAINST THIS ZONING CHANGE REQUEST, signature Site Plan '~ ~m ~b~ ;~ t ~' { cn a ,~ e;.x ~~~ .<: x ~~~ s~~ .~ c» { < ~_ ~_ ~ S ~, .`~ ~ ~. _ r ~~ ;6c 6S'~ ~~C~;bC<~~ r ~,. ..w . ,. < ,~ ~€ ~ E: - .___..~ . _._. , f z K. air ~ ... . ~. ___.. _.__ ~N~ `~'~~Q ORDINANCE 0-08-XX)CX 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 1.9 ACRES ON LOT 1, BLOCK 1, METROVEST ADDITION, FROM THE CN-NEIGHBORHOOD 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 ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-023; 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 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-XXXX Page 2 of 3 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 1.9 acres on Lot 1, Block 1, Metrovest Addition from the CN-Neighborhood Commercial zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map. 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 ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-XXXX Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map ,, 012;' r _...._ -- ___ ~ ...:~ 6109 ~>~ r~ ~~20$ 1316 ~~ 6200 1315 ~~ j- ~ 6112 r"" .y ~~ ~ ~ Z ~ ~ ~ 7 ~" 6105 ~ r ~~ 6108 202' 6200 E 1 rr ~n`-' , ~i 1401 ~~ ' ~. ~ ' 140'0 ~i ~ 6104 --~ u"`-"~ ~, ~ ~`` 61 °l 8 ~ , i ~` i 1405 ,~' ~' ~ ~`- ~ 6100 ~ ~ ~ ~ ~ ' R20 f'~~ 1`°~ ~ 611 FIJDG Jr, .,,~ ,. 6013 ~ R1 ~ ~~ ~'~ E ;~, ,r'r Situ.. /~~',41,~,, 6110 5912 5910 i4G 1324 ~m~ Q~'~8==-> ~1