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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-2/9/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnni-ni r~nlla-niillA ~nrrl ~ 4s~~ ~~r ~'. ,. tt~~.~- Meeting Agenda Monday, February 9, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~~- City of Colleyville l.r :., .~XI~. " _h~ ~ ~_ Meeting Agenda r,~,.~ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 9, 2009 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 -January 26, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lot 3, Block 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 8. DJOURNMENT I here ertify th above agenda was posted on the bulletin boards at City Hall on Thursday, February 5, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 2/5/2009 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 IA/IA/IAI n~lh~niilh i+~r+~ ~ ~Ifl ~ ij 3 *~~~~ lf.;,1, Minutes -Draft Monday, January 26, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ."~., City of Colleyville rbr~;;1~C_. _~ ~ Minutes -Draft ,:...;_ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 26, 2009 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 AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ANNUAL MASTER PLAN UPDATE 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 January 26, 2009 by 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Ron Rotthaus Staff Present: Ron Ruthven, Justin Bass, Rob McKeown and Jeremy Hutt 3. INVOCATION Commissioner Rotthaus The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES January 12, 2009 Commissioner Dudziak moved to approve the January 12, 2009 meeting minutes as written. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 1/28/2009 Planning and Zoning Commission Minutes -Draft January 26, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of amendments to Chapter 9-Subdivision Design and Public Facilities and Chapter 14-Engineering Design Standards of the Land Development Code regarding sidewalk regulations and design standard updates, Case G-09-005 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:08 p.m. There being no one wishing to speak, the public hearing was closed at 7:08 p.m. Commissioner Redfearn questioned staff regarding the process with approving the ordinance and then subsequent that ordinance and refresh the boundaries of the six neighborhoods to make an improvement with what the City has today? He questioned staff with regards to how could the neighborhood map be updated? Ron Ruthven replied the map could be updated numerous ways, however, it would have to come back to the Commission for approval. Commissioner Byerly questioned staff regarding if the map could be updated when the Master Plan updates are completed, in five or six years? Ron Ruthven replied yes. Commissioner Phelps stated being in favor of the structure of the ordinance, however, he stated seeing the concern for the builder or the homeowner once they have escrow monies for a sidewalk and then the monies being spent in another area. He stated there is room for improvement on the map for those boundaries. Commissioner Redfearn questioned staff regarding the timeline for this to move to City Council? Ron Ruthven replied the City Council will hear the first reading on February 3 and the second reading on February 17. He stated if the City Council approves the ordinance on February 17, it will become effective immediately upon passage of the ordinance. He stated the policy states that for anyone that has paid into escrow, would have 30 days from then to appeal the ability of that escrow to be spent City of Colleyville Page 2 Printed on 1/28/2009 Planning and Zoning Commission Minutes -Draft January 26, 2009 away from the property for which it was paid. He stated if they wrote to City Council for an objection to that, the escrow would stay. Commissioner Byerly questioned staff regarding if they would be notified of the ordinance passing? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding who would be tracking this as far as the escrow of funds? Ron Ruthven replied the accounting staff. He stated the Public Works department would be the department to decide where the monies would be spent. Commissioner Redfearn questioned staff regarding current funds are escrow for future sidewalk construction are reserved for the property that reserved the funds in the first place? Ron Ruthven replied yes. Commissioner Phelps questioned staff regarding which board or commission would be the one to re-align the boundaries or escrow zones of the neighborhoods? Ron Ruthven replied City Council will have the final approval on it. He stated, at minimum, the Planning and Zoning Commission. Commissioner Byerly moved to approve case G-09-005. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 8. ADJOURNMENT The meeting was adjourned at 7:16 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, January 22, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 1/28/2009 • City Hall ~~~~~~~~ City of Colleyville 100 Main Street Colleyville, Texas 76034 817. 503.1000 '' Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 02/09/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Request for an amendment to the PUDC- Planned Unit Development Commercial zoning and development requirements on Lot 3, Block 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 Attachments: Location and Zoning Map Notification List Applicant's Request Approved Site Plan Ordinance 0-08-1695 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 02/09/2009 Planning and Zoning Commission Title Request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lot 3, Block 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 Explanation The applicant has submitted a request to amend the PUD zoning ordinance for the property located at 1117 Glade Road. Existing Zoning. Ordinance 0-08-1695 was approved by City Council on December 2, 2008. The PUDC ordinance allows for CPO-Professional Office Commercial uses on the property. Proposed Zoning Amendment. The applicant is seeking to amend the existing ordinance to allow for additional tenants in the building. The existing ordinance limits the building to two tenants at any given time. The applicant wishes to be allowed to have up to four tenants at any given time. Master Plan. The Colleyville Plan designates the subject property for low density residential uses. Surrounding Properties. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed for single family uses with office uses along City of Colleyville Page 1 Printed on 2/4/2009 A enda Briefin Continued Glade Road. The properties to the south, east, and west are zoned R20-Single Family Residential and are developed as single family residences. 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 received no correspondence regarding the request. Summary. The applicant is requesting to allow four tenants in the proposed building instead of the current maximum of two tenants. The request will not affect the other building and development requirements contained in Ordinance 0-08-1695. Recommendation Approval City of Colleyville Page 2 rnnrea on ovi~wa Location and Zoning Map ~~Cl'13 ~ 1109 1113 11R?~ ~~, 1 117 ~, 1121. _ ~ 5013 ~ ~ 1 i i i ~ i ~ „~ ~ E _... ~ . .__ __.._ . _------- c.._ ~ ~ v,0~:3 I ~ 1104 110,, 111 1116 1120 ~ ~ ~~~05 ~~ ~_ ~ ~~ _u~~~- ~ < 5001 i ~.. ~ ~ ~ ~~ ~ f ,` 11O~T1109 (1113 ,, 1117 X1121 __ _ ..._.._...._. _~ ._ ~ `; PUD~ 110~J 1104 112 ~ 1'116 1120 ;1124 ,11 ~3 '1132 RU DC _! GARDE F_D ..Site , f 1105 11~~5 1~1~ 101 ~ '1205 ` G~ R20 PU DC ~ -~~~ _ r,~ 2~ . 1 l 1 21 1 4~ ~ 1104 1 t i~ ~ , 11OCJ .1.1.16 '~ ~. R20 , Jp GRRflL LN 1'117 11 Ci:_~ ~~ ~~ ~ '~ 11 i~i 1 1105 12~IL 1L 1100 1104 ~'f10n 1~~L Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Horak, Jo L PO Box 395 Colleyville TX 76034 001104 Glade Rd Sartain, Michael K 112 State St Ste 200 Southlake TX 76092 001128 Glade Rd Sartain, Michael K 112 State St Ste 200 Southlake TX 76092 001124 Glade Rd Sartain, Michael K 112 State St Ste 200 Southlake TX 76092 001120 Glade Rd Eckert, Larry & Linda 5225 Fontaine St San Diego CA 92120 001116 Glade Rd Adler, Keith 1112 Glade Rd Colleyville TX 76034 001112 Glade Rd Grisso, Terance R Etux Candice 3505 Meadowlark Ln Colleyville TX 76034 001205 Glade Rd Rika, Sennear Etvir Tony 1201 Glade Rd Colleyville TX 76034 001201 Glade Rd Premier Office Equities 1450 Hughes Rd Grapevine TX 76051 001117 Glade Rd Robert Salter Family Lp 209 W 2Nd St # 377 Fort Worth TX 76102 001105 Glade Rd Edgell, Keith A Etux Amy Beth 1116 Jo Carol St Colleyville TX 76034 001116 Jo Carol Ln Quintero, Agustin Etux Blanca 1112 Jo Carol St Colleyville TX 76034 001112 Jo Carol Ln Trachier, Steve Etux Connie M 1108 Jo Carol St Colleyville TX 76034 001108 Jo Carol Ln Peterson, Barbara Lisa 1104 Jo Carol St Colleyville TX 76034 001104 Jo Carol Ln Alan Curlee, applicant 603 Harwood Rd. Hurst TX 76054 applicant Public hearing notices were mailed on Thursday, January 29, 2009 by Amy Shelley. Signature Applicant's Request PREMIER OFFICE EQUITIES 1450 HUGxES ROAD SvxTE 101 GRAPEVINE, TX 76051 TELEPHONE: (81'n 481-2626 TELEFACSIMILE: (817) 481-2623 Walter D. James IIl January 16, 2009 Ron Ruthven Justin D. Bass ~ty of Colleyville Community Development 100 Main Street Colleyville, TX 76034 RE: 1117 Glade Road/Ordinance (~-08-1695 Gentlemen: Premiex Office Equities is seeking to amend Ordinance 0-08-1695 ("Ordinance"). On December 2, 2008, the City Council for Colleyville approved zoning ordinance 0-08- ,1695 (pertaining _to 11,17 Glade Road). The Ordinance, at section 9.a. states m part: "The building Shall 1Ze > . , .allowed. no more. than (2) tenants. at any. given: tune. _ Premier Office Equities is seeking the amendment specifically to change the Ordinance to allow no more than four (4) tenants. at any given time. Premier Office Equities believes that allowing no more than four (4} tenants will not change the character of the property and will, in fact, enhance our ability. to keep the property fully leased. Premier Office Equities is not seeking, at this time, any other amendment to the Ordinance. Should you have any questions, please feel to give me a call. Sincerely, Walter D. James III Cc: Jerry Beane Roger Beavans -__ __.. I II L--- ~ A __ n ' 1. _--~ ~ ~~ mAmrcn ~A'9n A y~~~ n ~I' mAmlU ~ mr Z~mnC7 ~~ I ~Oh _~ t_. i I zn z I ~; GAO ~ m z L - - J Z O ~ Atom AAO N zml,pA Ay~ in U'AN@L I I._ _~ ~~ZO~ ~-z`s-z ~ - J ~~ of m r _ .. __ ...I i D L- --J i 0 (1Nr 6 N N ~ ~c0 ~A~ W ( 1 OD --F ~m ~ m <~ r _ r= AmA ~ s ~~~ b !n a17~ a Z m (Dl +. 0 Xm D N O z O A ~ 0 ~ = j I ~ A A ` r u, '' mAAmr7 ~,. m zOA A ~ m ~ m ~,UAND o~moo ~ I~ ~tiy~o P'~AT° J N~ L ~~~ { ~qgq~ D* ^~9n Po~ ~~ ~~ a ~j n m mA ym~rl' ~m~n _. r - ~ '. n L 0 ~ _. ti ~ _. _ _i L._". ~ 3~DN i r m ~ O~ ~ A~~Tr ~ 1 O vpt ~ Z I I ph r m m I I J -- _. L ~ iT __ _ C1 n ~' m m ~ ~ A C .9 A 7 LmAr~ '' I ~ J D I ~ O-OD~ 1~ Aln + i 3~Apn I mA~ 0 b ~r z~ ~ ~ i ru < ni ~ D ~~ 0 ~ i i ~ _____-... __. -__-_ J ~ A m I' m~i ~ F ym~o~. a~ I o 'A ~ Sn( ~ n 1 A~ ~ ( r ~Or~m z~~~ ~ Z cn 4~ r m n, I ? .. fi t c x ~ ~ ~ O ~ ~ D fi}~ ~{ ~~{ y ~ ~ ~ ~ g D D _w S _ 7 ~ ~ Z 4 ~ ~ ~ O III ~_. O p ~ ~ ~ ~ D O ~ ~ $ s m ~ • ~ ~ ~ ~ `" ~ a u ~ ° g s ~ V n Z ORDINANCE 0-08-1695 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 0.64 ACRES ON LOT 3, BLOCK 1, OF THE SUNRISE TERRACE ADDITION, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL 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-08-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration 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. 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 0-08-1695 Page 2 of 5 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 .64 acres on Lot 3, Block 1, of the Sunrise Terrace Addition, from the R20- Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map; Exhibit "B", labeled Conceptual Site Plan; and Exhibit "C", labeled Building Elevations. 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 purpose of this PUDC is for a professional office building. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The layout of the development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the i:lnal replat. b. The developer shall submit and receive approval from the City, a final replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. Ordinance 0-08-1695 Page 3 of 5 3. PERMITTED USES a. Uses allowed in the CPO-Professional Office Commercial zoning district. 4. COMMERCIAL BUILDING ELEVATIONS a. All structures shall be generally consistent with the building elevations, attached as Exhibit "C" as shall, otherwise, meet the minimum building design requirements of the CPO-Professional Office Commercial district. 5. COMMERCIAL LOT REQUIREMENTS AND SETBACKS The subject commercial lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Front Building Line d. Side Building Line e. Rear Building Line 20,000 square feet. 175 feet. 40 feet. 15 feet. 20 feet. 6. SCREENING AND LANDSCAPING a. An eight (8) foot masonry wall shall be constructed and maintained along the rear property line adjacent to single family residential used properties prior to issuance of a certificate of occupancy. b. Nine (9) trees, measuring at least three (3) inches in caliper and spaced a minimum of 20 feet apart shall be planted within the 20 foot rear greenbelt. c. Four (4) trees, measuring at least three (3) inches in caliper, shall planted within each 15 foot side greenbelt. d. A minimum six (6) wood or masonry fence shall only be built along both side property lines adjacent to property used and/or zoned as single family residential. The fencing shall not extend beyond the front line of the main structure. The fencing shall not be required upon a change in zoning or use to commercial on the adjacent properties. e. All landscaping shall meet the minimum requirements of Chapter 4 - Landscaping and Buffering in the Land Development Code, except where amended herein. Ordinance 0-08-1695 Page 4 of 5 7.OPEN SPACE a. This development shall provide not less than 30 percent common open space, which shall generally be configured as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. 8. SIDEWALKS a. Sidewalks, five (5) foot in width, shall be required along Glade Road and installed prior to issuance of a Certificate of Occupancy. 9.OTHER a. The building shall be limited to one-story and allowed no mare than two (2) tenants at any given time. b. A 24 foot mutual access easement shall be provided along the entire front of the property to allow for future connectivity to the lot. c. No dumpster shall be placed on this lot, for any purpose, including for garbage, refuse, or recycling. d. Lighting along the rear of the building shall be limited to security lighting, not to be a nuisance to adjacent residential properties. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-08-1695 Page 5 of 5 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. first r ading and pu lic hearing being conducted on the /lam day of l~ 2008. 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 ± _ i .~ 11(34 11L~ 1112 1116 '47X1 # I ~ ~ .., j FI\•'ER ~4l«' I ~ ~..___ ~_.~. t `~ I ill l ~,fi Ifs 'fi90S1 411.E j'111T 1`32t ~ 141 j (~ , ;mss' I ' ~___~_. ..__...._ - 1tLb - 1108. ~ 71t2 ' 7i9ti 11:x! } ~, i ~ xCt ?R-~1 J.:ls4 ~ , ~ 1 11 1 y~ ~ ~ ~ I l<21 940:~t 4401# 111! 1'<iT 1000 ~ ~ IIQl ~ "•i~>s ##~'+ „~ ~ ~ ~~a 1b 1 ~s] ( ~I~~ .~ ~.a~. ~_ _ r,~ w~ Ro' _ ~'"_"" { ~ ` ~` ~ ~ t,, ~~ ~ r? _ ~.~-- - ~ 1 o ~ to 1 1,.1' ^I' ~ \ ~ ~, ~ ~-'` J i l OD -----~ ~ ~ _ _ __~ _ . _r-- ,~:~t.~ : _ _ .~ - ~' ..~fl -- ~ -- ~ ~ ~, ^ntli t<~ ~ i i i 01 7 11.-r• I __ _ R20 _._. _ . ----- __ _I-_.~---,-~ _-~ --'1..~ 1 ~ ~ ~ 12>S (rr r1 ` s~ 1 17J ~ 1 ~ W I 11 J ~ ^ 1 li4 . _ i1 i~ ..~~ ~~~ ;ti ~~ _~r- 4` __ .. ` 111 {113 ~ Ir~a~ 1113 ~ ~\ 1 Its. EXHIBIT "B"- Conceptual Site Plan 111"1 C~~.-~I~~ ~'C~7~4C~ "d' I Q7 trl l{1 .1~. ~ ~ ~1 ~ ~) nl ~~ ~~ z) ~i`6~~YitK7r W ~~~.~~~ ~.f J~ ~I _~ EXHIBIT "C"- Building Elevations ORDINANCE 0-09-XXXX AN ORDINANCE AMENDING ORDINANCE 0-08-1695 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-08-1695 on December 2, 2008, to establish the zoning of 0.64 acres on Lot 3, Block 1 of the Sunrise Terrace Addition; and WHEREAS, the City of Colleyville has received a request for an amendment to Ordinance 0-08-1695, under Case ZC09-003; 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 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 0-09-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 amending Ordinance O- 08-1695. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 0.64 acres on Lot 3, Block 1 of the Sunrise Terrace Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: OTHER The building shall be limited to one-story and allowed no more than four (4) tenants at any given time. Sec. 5. THAT the above described parcel of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above Ordinance 0-09-XXXX Page3of3 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. Sec. 10. THAT Ordinance 0-08-1695 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. 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