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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-2/22/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com isti' ~~ M ~ _'". ~~~ ~ ~ ;~ . l~~\~«' Meeting Agenda Monday, February 22, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~~~.~ City of Colleyville '`~ ~ ~~ -` Meetin A enda ;~.~., 9 g Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 22, 2010 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 DISCUSSION OF PREVIOUS MEETING MINUTES AND REVIEW OF REGULAR AGENDA ITEMS 7:00 P.M. -REGULAR MEETING 1. 2. 3. 4. 5. 6. 7. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 8, 2010 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA PUBLIC HEARING AGENDA ITEMS 7a Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-001 8. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 19, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant Commissioner Dudziak City of Colleyville Page 1 Printed on 2/9/2010 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ,,,• ;. ,- ~~ r ~4 ,, . ,.:,;;, Minutes -Draft Monday, February 8, 2010 6:15 PM City Council Chambers Planning and Zoning Commission Cit of Colle V~~~@ 100 Main Street . =, y v ` ~~` +~ ~_ _ ;~ Colleyville, Texas 76034 Minutes -Draft 817.503.1000 ~~ ~•~- www.colleyville.com Planning and Zoning Commission Monday, February 8, 2010 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 EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D An executive session was not opened. 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 February 8, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Redfearn Staff Present: Ron Ruthven, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the January 25, 2010 meeting minutes with the grammar correction on the first page. Commissioner City of Colleyville Page 1 Printed on 2/9/2010 Planning and Zoning Commission Minutes -Draft February 8, 2010 Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Rotthaus, Phelps, Byerly Absent: 1 -Redfearn 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a request for a minor plat for 0.75 acres on Tract 5601, Abstract 328 of the Simon Cotrail Survey located at 1905 Hall Johnson Road, Case PC10-001 Ron Ruthven presented the case and briefed the Commission. Commissioner Clardy questioned staff regarding if the home is closer to Hall Johnson than the adjacent property? Ron Ruthven stated the adjacent property is actually closer to Hall Johnson than the subject property. He stated the adjacent property's back yard is the yard adjacent to Hall Johnson and it has a closer rear set back than the subject property. He stated the adjacent property also has a masonry perimeter fence, therefore the yard is not seen from the road. Richie Brezina, the applicant, came forward to present the case and brief the Commission. Commissioner Byerly moved to approve case PC10-001. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Rotthaus, Phelps, Byerly Absent: 1 -Redfearn 8. PUBLIC HEARING AGENDA ITEMS 8a TABLED -Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 Commissioner Knox and Byerly are recused from this item therefore Commissioner Dudziak chaired this item. Commissioner Phelps moved to remove case ZC09-011 from the tabled items for discussion. Commissioner Rotthaus seconded. City of Colleyville Page 2 Printed on 2/9/2010 Planning and Zoning Commission Minutes -Draft February 8, 2010 The motion carried by the following vote: Aye: 4 -Dudziak, Clardy, Rotthaus, Phelps Absent: 1 -Redfearn Ron Ruthven updated the Commissioners regarding this item and stated the applicant submitted a letter requesting that the case be withdrawn. Commissioner Phelps questioned staff regarding is there will be a re-submittal in the future? Ron Ruthven replied yes. Commissioner Dudziak questioned staff if the application has been received? Ron Ruthven replied yes, the application was submitted today. Commissioner Dudziak questioned staff if the process has started? Ron Ruthven stated the public hearings and so forth will not be scheduled until the application has gone through the review process. Commissioner Phelps moved to deny case ZC09-011 on the basis that the applicant has requested a withdrawal. Commissioner Clardy seconded. The motion to deny carried by the following vote: Aye: 4 -Dudziak, Clardy, Rotthaus, Phelps Absent: 1 -Redfearn 9. ADJOURNMENT The meeting was adjourned at 7:15 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 5, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 2/9/2010 ,,. ~~~ City of Colleyville 100 M in Street ~ ~ ~ rr ~~~ Colleyville, Texas 76034 ~~~~-" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Agenda Date: 02/22/2010 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-001 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Zoning Exhibit Ordinance 0-96-1053 Ordinance 0-99-1146 Ordinance 0-00-1258 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 02/22/2010 Planning and Zoning Commission Title Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-001 Explanation Kenneth Baca on behalf of Victron Stores, LP, has submitted a request to amend the PUDC-Planned Unit Development Commercial zoning requirements on 1.63 acres located at 7990 Precinct Line Road. The applicant is requesting to amend the existing PUDC requirements, which currently permits a restaurant with drive-through service, on-premise and off-premise alcohol sales, a convenience store with gasoline sales and CC1-Village Retail zoning district uses. The applicant is seeking to amend the PUDC requirements in order to have a state inspection station in conjunction with the convenience store use on Lot 1 only. Previous PUDC ordinances for this property are summarized below: Ordinance 0-96-1053: Original PUDC ordinance that was approved by Council in 1996 permitting dry cleaner (station only), apparel alteration, interior decorator and all uses classified as CC1 retail uses; 2. Ordinance 0-99-1146: Amendment in 1999 changing the concept plan and uses to allow only CC1-Village Retail uses and granting a special use permit to allow the sale of alcoholic beverages for off-premise consumption within a 3,600 square foot convenience store with gasoline sales on lot 1 and the sale of alcoholic beverages for on-premise consumption within a restaurant setting City of Colleyville Page 1 Printed on T!'-yizu~u Agenda Briefing Continued on lot 2R (subject property) 3. Ordinance 0-00-1258: Amendment in 2000 changing the concept plan and uses to allow a restaurant with drive-through service on the subject property Existing Conditions. The subject properties are currently platted as two lots. Lot 1 is developed as a convenience store with gasoline sales and Lot 2R is undeveloped. Surrounding Zoning. The adjacent property to the north is zoned PUDC-Planned Unit Development Commercial and is currently undeveloped. The adjacent property to the south is zoned R40-Single Family Residential and the current use is the Bear Valley Community Church. The adjacent property on the east is zoned R40-Single Family Residential and is currently undeveloped. Proposed Business. The developer has provided a written Statement of Planning Objectives that is attached to this agenda briefing. The applicant proposes to install state inspection equipment in the existing 1,177 square foot car wash building which is detached and located directly behind the convenience store. The applicant states that the car wash equipment was removed from the facility in October of 2008 due to a lack of sales. The applicant states that there will be no repair of vehicles as part of the inspection station. All types of inspections are proposed, however, including vehicle emissions testing. Current emissions testing involves the use of a "Dyno", which is a device that allows a vehicle turn it's wheels while stationary for the purposes of measuring tailpipe emissions. A "Dyno" can be an intense source of noise given that vehicles can reach high levels of engine revolutions per minute (RPM) as part of the emissions test, particularly if a vehicle contains a high-performance exhaust system. The applicant proposes the state inspection station hours of operation to be 8 a.m. to 6 p.m. Monday through Saturday and the first Sunday of every month. Site Plan. The developer has provided a conceptual site plan for the subject property that is attached to this agenda briefing and has been included within the proposed PUDC ordinance. Signage. Staff recommends that there be no temporary signage allowed with the proposed use, otherwise all signs shall comply with Chapter 7-Sign Regulations of the Land Development Code. This provision has been added to the draft. Landscaping and Screening. Given potential impacts from noise as well as meeting the minimum buffering standards stated in the Land Development Code, staff recommends that an eight (8) foot wood or masonry screening fence be constructed along the rear property line where it is adjacent to residentially zoned property. Additionally, staff recommends that a minimum 20 foot wide landscape buffer be maintained along the rear property line and contain live plant material of the evergreen variety, which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. These provisions has been added to the draft ordinance. City of Colleyville Page 2 Printed on 2/19/2010 Agenda Briefing Continued Open Space. The subject property meets the open space requirements of 20% for a PUD in the Land Development Code. Master Plan. The Colleyville Master Plan recommends "retail" uses for the subject property. Automotive uses, including a vehicle inspection station, comply with the future land use designations of the The Colleyville Master Plan provided they are approved through a Special Use Permit, or in this case, a Planned Unit Development. Public Notification. Staff mailed notices to six (6) 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. No correspondence has been received regarding this request Summary. The proposed use of vehicle inspection station complies with the future land use designations of the Colleyville Master Plan as the proposed use is consistent with other automotive service uses in retail corridors in the community with the approval of a Special Use Permit, or in this case, a Planned Unit Development. Additionally, staff agrees that the proposed use in an acceptable adaptive reuse of the former car wash tunnel and will be suitably screened from both the surrounding roadways and neighborhoods given the conditions in the draft ordinance. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 3 Printed on 2/19/2010 Location and Zoning Map ~ ~ ~~ ~~~ 5~«1 .~«. ~„ . ~. ~ G .. ~~al~ sa~~ 'S~ls~ gp`-~ a;rG3 C~ f F~~~~ ~ 1 a. sal ~~z / i 5aa:~ PUDC Fes, ~ea~ 5i~31 sue? ~ 5~-sa ~~~ ~~s c~aT_ `~~~~ Jg~a ~s~s ~ ~, ~a,~ R40 K ~ 8 3' se ~ ~ 5~~ri E~423 a8~~ ~8. PUD R sa~~ .,~ e,~ p aa~a .~1,~ ~a1 R 0 cat ~gi1F ~~ J ~ ° ~ £-~C7 ~ S S„ vG Site. ~ ~-~ Sy.1t ~ ?"~~:~ R40 ~z~ ~~~. a ~ soy ~ , ,~~ 1 ~ a _ - ~~ _ ,- } PUDC 4~' ~~~ ~ ~' i ~Q~ s ~t~~~~ F,~Cr9 5312 ~~' ~` ~ ~ 'r~ S5C+5 533 `~O~ X4;4 R40 ~~, ~: :~c~ ~~~ s ~~ K a Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Jones, Norma J Etat 600 Burnet Dr Keller TX 76248 8000 Precinct Line Rd Emerald Park Ha Inc 400 Count PI Colleyville TX 76034 5800 Sterling Dr(Emerald Park HOA) Herron, Mark Etux Bliss 1500 Bluebonnet Dr Fort Worth TX 76111 1121 W L D Lockett Rd Herron, Mark D Etux Bliss A 1500 Bluebonnet Dr Fort Worth TX 76111 1217 W L D Lockett Rd Victron Stores Lp PO Box 2599 Waxahachie TX 75168 7990 Precinct Line Rd Atlantic Oil & Gas Inc 2220 Marsh Ln Ste 109 Carrollton TX 75006 7970 Precinct Line Rd Kenneth Baca, applicant 105 YMCA Dr. Waxahachie TX 76165 applicant Bear Valley Community Church 7900 Precinct Line Rd Colle ille TX 76034 7900 Precinct Line Rd Public hearing notices were mailed on Tuesday, Feb. 2nd by Amy Shelley. Statement of Planning Objectives Kenneth D. Baca Victron Stores, LP 105 YMCA Dr. Waxahachie, TX 75165 December 24, 2009 City of Colleyville Texas 100 Main St. Colleyville, TX 76034 RE: PUD-C Amendment, Statement of Planning Objectives, Fakri Investments, Inc., 7990 Precinct Line Rd., Colleyville, Texas, 76108 Dear Sirs or Madams: Fakri Investments, Inc. is requesting the alteration of the PUD-C zoning for the above mentioned location to a PUD-C, which would allow the use of a State Inspection Station. Fakri proposes to install state inspection equipment in the existing 1,177 s.f. car wash building. The car wash equipment in the existing building was pulled from the facility in October of 2008, due to lack of sales. Fakri Investments, Inc. further proposes the alteration of the signage at the facility to reflect the new use by anon-illuminated advertising board, under the freestanding i.d. sign in the Precinct Line Rd. landscape belt. The size of this ad space is 10'5" by 4'. The suggested message on this ad board is Fee Pizza, medium, one topping with State Auto Inspection. The ad itself may change periodically. Fakri would also propose a State Inspection sign, 3' high by 12' in width above the entrance into the facility. There are no proposed changes to the existing structures. All of the inspection equipment is placed within the car wash structure. The total investment by the applicant is nearly $11,000. A general clean up of the areas is planned to compliment the investment. A painting of the structure is also scheduled if approved. The hours of operator for the convenience store are presently 6 a.m. to 11 p.m., Monday through Saturday. Sunday hours are 7 a.m. to 11 p.m. The Pizza Inn's hours are 6 a.m. to 10 p.m. The State Inspection Station hours are proposed to be 8 a.m. to 6 p.m., Monday through Saturday. The facility will also be open one Sunday a month. The inspection station will be man by one full time and one part time employee. ~~G~11ll~D ~` ~µ...~......, -2- The applicant's estimate call for between 300 and 400 inspections to be performed a month. Consultation with a Department of Public Safety representative revels that there are no Safety Inspection Stations within a one, two or three mile radius. Respectfully, we submit that we are providing a needed community service. As I am sure all are aware, all vehicles registered in the State of Texas are required to get a state inspection, which of course, also ties to the vehicles safety. We are certainly supportive of vehicle safety in Colleyville. Further, all Tarrant County registered vehicles are required to have an emission test, assuring that our air quality standards are met. If approved, this facility would again provide a needed service to Colleyville. We are thus requesting your consideration for approval of this PUD-C amendment to allow the suggested use of a State Inspection Station at 7990 Precinct Line Road in Colleyville. Thank you. Sincere Kenneth D. Baca Victron Stores, LP RECEIVED - -,-~r ~~ ~.4 , ~W~ wa baik n.f 4~. p'tl@ Zoning Exhibit ~' ~~ ~~ 3 1 t 1..~'~ ,i 4 o~ .~ ~~. ~~ / .~ •' w; •~. N ~ .r... .. , ~, ~ r r jM6 ~ ~~ ' ~.. ......_ ....~ ,,.........R . ~.. ~ F' Y.r p` ' '' . .~....a:'~_~__._Y ' ' 1 r ' ~' ~ fi:. ~M ~ ~ J^E ..; ,~. ~::,:,.; `s t g t` i ORDINANCE 0-96-1053 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.3057 ACRES OUT OF THE I. CARODINE SURVEY, ABSTRACT 356, TRACT 1 AND A PORTION OF TRACT 2, McNARY ACRES, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE R40 (SINGLE FAMILY RESIDENTIAL, MINIMUM LOT SIZE OF 40,000 S.F.) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Bob Kohsmann, President, Classic Concepts Homes, Inc. on December 19, 1995 under Case No. 2-95- 042; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyvitle; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the R40 district to the PUD-C district, subject to all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to: the Statement of Planning Objectives which is Ordinance 0-96-1053 Page 2 of 9 Attachment 1 to this ordinance; the Conceptual Site Plan, which is Attachment 2 to this ordinance; and subject to the following conditions: A. The Site plan attached to this ordinance as Attachment 2 shall be conceptual only. The final location of all buildings shall be determined by the Development Review Committee during normal site plan review. Except as modified by the conditions B through J below, all development within this PUD-C district shall be subject to the zoning and subdivision regulations of the CC-1 (Village Retail) district in effect at the time a final site plan is submitted. B. In addition to any other landscaping requirements for the site, a 40 foot landscaped setback shall be required along Precinct Line Road and L.D. Lockett Road from the front property line to the nearest building or paved parking surtace. The total area of open space on the site including the front open space setback shall be not less than 20 percent. C. The total number of trees on the site measuring three inches in diameter or greater at a point twelve inches above the ground shall be not less than one tree for every twenty feet of street frontage plus one tree for every ten parking spaces. D. Not more than one drive access point shall be permitted on Precinct Line Road. The distance from the centerline of the driveway to the front property line on L.D. Lockett Road shall be not be less than 330 feet. E. Not more than one drive access point shall be permitted on L.D. Lockett Road. The distance from the centerline of the driveway to the front property line on Precinct Line Road shall be not less than 230 feet. F. The curb return radius for driveways at the point they enter public streets shall be not less than 20 feet nor more than 30 feet. Ordinance 0-96-1053 Page 3 of 9 G. Except for areas of curb return thresholds, the width of driveways crossing the front landscaped setback shall be not less than 24 feet nor more than 26 feet. H. Prior to the issuance of any building permit on the site, a legal instrument granting cross access easement to property owners east or south of the site shall be recorded in Tarrant County Deed Records. Any building on the site shall have translucent openings facing in not less than three separate compass directions. As measured on a compass, the three separate directions shall be separated from one another by not less than 60 degrees. J. Not less than 65% of the total floor space in the aggregate shall be dedicated to one or more of the following uses: (1) dry cleaners (station only) (2) apparel alterations (3) interior decorator (4) all uses classified as CC-1 Retail uses in Section 22.3 of the zoning ordinance. Sec. 2. Any person, f rm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance 0-96-1053 Page 4 of 9 Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the _L~=` day of 1996. The se nd reading and public hearing being conducted on the ~~ day of C vt, r , 1996. ATTEST: Q.~~'"'' J an Harris, CMC City Secretary CITY OF COLLEYVILLE r;~ Ed Baker Mayor A VED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney 5 0 ~' '~ ~ ,~.~ o Z J • 4A - ; -- o _ U Q _ z 4 4B 2 U V`^~~Q ~ ES~B ,ED ~ w is ~ G3°~~ LD LOCK T ROAD '^' ~ ~~z 4D PROPOSED BRp,KG R-40 TO PU D-C S"~ P~ GgE E 1 ~ 1 ~A ~ 1 TR cN P TR 2 ~ Ap 0 4D M PKE 1 L ~°a °~ °~ 3 0 ~ ~~~ ~ A 2 ~- . 2C ~ TR 8 ~ 2~ Ordinance 0-96-1053 E)(HfBlT A ~o~=~ D~c~IPTtora ALL of that certein tract or parcel of land situated in the 1. CARODINE SURVEY, Abstract No. 356, Tarrant County, Tezas end embracing portions of TRACT 1 and TRAC* 2. Nc^IARY ACRES an Addition to the City of Colleyville, Tarrant County. Texas as recorded in Volume 388-140. Page 78 of the Ptat Records. Tarrant County. Texas and described by metes and bounds as follows:. BEGINNING at the intenection of the Southerly boundary lino of said Tract 2 and being in the East right of way line of Precinct Line Road from which a Texas Highway Department concrete 4fonument bean South 00 degrees 22 minutes 25 seconds Wes!, 0.17 feet" =~ ".~ ~- THENCE North 00 degrees 23 minutes 46 seconds East with said right of way fine and passing at 50.09 feet a Texas Highway Department concrete Monument. in ai1377.42 feet to a Texas Highway Department concrete Monument; THENCE Nort!~ 00 degrees 06 minutes 21 seconds East continuing with said right of way line 105.79 feet to a Texas Nighwoy Depatment concrete Monument; THENCE North 48 degrees 12 minutes 31 seconds East continuing witfi said right of way line 14.33 feet to a Texas Highway Deportment concrete Monument; THf:NGE North 00 dagre-~ 06 minutes 27 seconds East continuing with said right of way Gne 2.14 feet to the Northeryy+ boundary 6ne of said Tract 1 and the Southerly ria!st of way line of L. D. Lockett Road; THENCE South 89 degrees 27 minutes 00 seconds East with said Northerly boundary Tine and said South rigert of way fine passing of 269.86 feat the Northeast comer of said Tract 1 end the Northwest corner of said Tract 2. in all 368.86 feat to a 1/Z inch capped steel rod stomped "Moak Surv. Ina" for the Northwest comer of the tract described in the deed to Mark D. Herron ord wife, 9Gss A. Horan retarded in Volume 11255, Page 1216 of the Deed Records. Tarrant County, Texts: THENCE South 00 degrees 23 minutes 00 seconds West with the Westerly boundary line of said Herron tree. 495.00 feet to a 1/2 inch capped steel rod stamped "Nook Surv. Inc." for ;t+e Southwest cornet of soma, and being in the Southerly boundary Gne of said tract 2: THENCE North 89 degrees 27 mirutas 00 seconds West 37g.C'4 feet to the place of beginning and contnning a.3057 Acres of land, more or less, as surveyed by David G Moak Sun~eyon, Ir:c. during the month of October, 1945. Ordinance 0-96-1053 EXHIBIT B for 9 COMMERCIAL. REAL. ESTATE BUILDER 8 DEVELOPER PROPERTY MANAGEMENT PLANNING OBJECTIVES BY CLASSIC CONCEPT'S December 20, 1995 ROBERT F. KOHSMAPlN, PRESIDENT P O. 80X t 425 BEDFORD. TEXAS 76095 817-267.3373 City of Colleyville ~' =r RE: Zoning Change on Property Located at the corner of L.D. Lockett and Precinct Line To Whom It May Concern: Classic Concepts would like to have this tract zoned for commercial retail. In the past I have had some interest shown in this land for a variety of businesses. At that time I felt it could not be zoned anything along the commercial lines. Since Precinct Line is now planned for a five lane major thoroughfare, and L.D. Lockett is also planned as a major collector, this land could be better suited to tax generating commercial land. It has also come to my attention that Colleyville has a real need for more commercial business. 1 believe this is the best place to convert residential land to commercial. If this property is zoned commercial, I will promote it for retail in the highest use. What is not used for retail, I will develop into office use as that need becomes available. Classic Concepts has built many office buildings of this type in the past. I would assume that the retail will be ready to develop as soon as the road is complete sometime in 1996. It would just come quicker if it had the zoning in place. Classic Concepts will own the complete tract when it is complete. The water is just south of this property on Precinct Line. The sewer is just east of this property on L.D. Lockett. Sincerely, RFK/ell D ~ '~ , ~~,.. 'G,. .,j CITY OF COII,FYVILIE B COMMUNITY OE~fE14P'~tED1T Y ~ ~d ~- L "C ' ~ • bert F. Kohsmann President Ordinance 0-96-1053 Attachment 1 o..' -~ V ~/ ~E S D LDLOCK~'T QO~D LCT ~~'TL1A®PL,4N 0 Q z u z U v ~` r..~ _ _ .. I 1 i I 1 ~ I I I I ® 6~.. ~ ~ ~ Q • . .. ... Lo- ., I I . LO ~ 'O :::; :~: ~ -b ~. ... r.. .~ _. ~ -' - nw .~--~ uy~ SP1.01 SITS PL,aN ~ i w ~ ~~ t 0 3® b~ Ordinance 0-96-1053 Attachment 2 H ai o-F ~ ~I ~~~ I ~ i~ ~ l ~D ~~I `4~ SOUTi-iEAST CORM=R OF PRECINCT LINE ROAD t LDlOCKET ROAD , COLLEI'vILLE, T1:XA5 51T~ D,4T~4 -LOT 1 GROSS AREA BUILDINCs GOYERACsE CPERGENTJ PROP05ED OCGIJPANGY/115E PARKING SPACES REGd1lRED PARKINCs SPACES PROVIDED S.T~ D~4T,4 -LOT 2 83,415 5F Cl.9Z AGR~SJ 13,400 °JF 118.45 xJ R=TAIL SALES 'f'1 C41-IANDICAPJ 81 l4 µANDICAP) GROSS AREA 19.114 5F C0.45 ACl?E5J 8;11LDING COVERAGE CP=_RGcNTJ 3,400 3F C11Z5 xJ PROPOSED OGGUPANGYNSE OFfIG~ PARKING SPADES REGlt11RED P.=RKINCs SPACES PROVID'D 11 C1 HANDICAP) 19 C1 HANDICAP) SiT~ D~4T~ -LOT 3 CsR055 AREA 1~,'TI4 SF '3111:DING GOVERACsE CPERGENT) 3.00 SF °QOP09~D OGGUPANG7ii,l5~ C=i~'c P.:R9C!NCs SPACES i~GUIR.=D 11 ." I-i::'~:.IG.^•,i~J a~.~KING SPAG=S PROVIDED 18 :: ~+.=.ti:.;GA°J Ordinance 0-96-1053 f! tt2d, m~.-~f 2 6 ORDINANCE 0-99-1146 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND AMENDING ORDINANCE 0-96-1053 SITE PLAN AND CONDITIONS, AND AUTHORIZING A SPECIAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION AND AUTHORIZING A SPECIAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application to amend Ordinance No. 0-96-1053 site plans & conditions, and for a special use permit for alcohol sales for on-premise and off-premise consumption, was filed by Kipp Whitman, Whitco Consulting, on December 31, 1998, under Case Number Z-99-007; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain Ordinance 0-99-1146 Page2of8 land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by amending the site plan and conditions for Ordinance No. 0-96-1053; authorizing a special use permit to allow the sale of alcoholic beverages for on-premise consumption within a restaurant setting on the proposed Lot 2R of McNary Acres; and authorizing a special use permit to allow the sale of alcoholic beverages for off- premise consumption within a 3,600 square foot convenience store with gasoline sales on the proposed Lot 1 R of McNary Acres; together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives (Exhibit D); and subject to the following conditions: a. The site plan (Exhibit C) shall be conceptual only. The Development Review Committee, during normal site plan review, shall determine the final location of all buildings. Except as modified by the conditions below, all development within this PUD-C district shall be subject to the zoning and subdivision regulations of the CC-1 Village Retail district in effect at the time a final site plan is submitted. b. The land uses permitted in this PUD-C shall be all CC-1 Village Retail uses, and a convenience store with gasoline sales. c. Not more than three (3) drive entrances shall be allowed on Precinct Line Road, as shown on Exhibit C. Two (2) drive entrances may be allowed on L.D. Lockett Road. d. The hours for the sale of alcoholic beverages for on-premise consumption within the restaurant shall not extend past 11:00 p.m. on any night of the week. e. In addition to any other landscaping requirements for the site, a forty (40)-foot landscaped setback shall be required along Precinct Line Road and L.D. Lockett Road from the front property line to the nearest building or paved parking surface. f. The total number of caliper inches of trees maintained on the site in multiples of three (3) inch trunks or greater shall be equal to one (1) caliper inch for every seven {7) feet of street frontage plus one caliper inch for every four (4) parking spaces. Ordinance 0-99-1146 Page 3 of 8 g. The curb return radius for driveways shall be a minimum of twenty (20) feet and a maximum of thirty (30) feet. h. Cross access easements shall be granted to all properties within and adjacent to the PUD-C, and such easements shall be shown on the final plat. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT, the the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~~' day of ~ , 1999. The sec nd reading and public hearing being conducted on the ,~,'~ day of , 1999. ATTEST: J an Harris, CMC City Secretary CITY OF COLLEYVILLE: ~~~-- 1 Richard Newton Mayor A VED AS TO FORM AND LEGALITY: .._--- - R ss . Fo ter City Attorney ~~ ua . w M .11 ~/ I K K ~ 111 i ; ' • • ~pD ~.. . ~ t M 7 ~ /- w w 1 w ,a i .ii~Y/ ~ .w~ • an it - ~ l ~r ~ ~ A • «,,...n K • w Mw ~as « 1 lJ a ~roN w «.• ® /~ w ~_11~ e~~ ~K ~ i 1 ... ~.~ ~1 ~ ww ww ww '~ ~ I wK ~3WK ~ • L1 /~ • L/K YK ~ I I /• ~ i !wM 1 K • I.wM ~~ r i • • ~ • ~~11p ~ ~ -'~~ 110' ~'wlr'-- Exhibit A Ordinance 0-99146 PUD-C LOCATION MAP CASE Z-99-007 DESCRlPiWN /1l.L at that certain tract ar oROi d brtd situated M tho b G1ROf~ SURVEY. Abstract No. 33a. Tarrant County. Tio~as and imbrodnq portlorn of TRACT 1 and Ti~NCt' 2. MoNAR1r ACRES, on Addition to tho qty of CotN1n-11N~ Tarrant Count,T-. Tisas o. recorded Tn Volurrw 3~-140. Pogo 7e d tho Mot R.eordo. Tarrant Countlr. Tiuas and belnq moh porttwbrly described by metes and bounds as follows: BEgNNYd6 at a i /2 inch copped sbesl rod atompod 'YGAK BURN INC' set in the svutheriy boundary Tins d said Trod 2 and belnq in the easterly right-d-wvy pns d Pnek~t one Road (o vo-ioblo width right-d-ways: TtIEiK~ North 00 dsgrses 23 minutes 40 eseonde Ea^t with paid right-ad-MOy hno. at 50.00 lost passing tho soulhwost oornsr d cold Tnat 1. M op 377.42 tact to a 1 /2 Tneh oeppod steel rod stamped SOAK SURV INC" ~ THENCE North 00 dognes Ot3 minutes 21 seconds Fort oontM+Weq with sod right- d-way Ora. 105.70 fast to 0 1 /Z inch capped sloel rod sten+ped 'id0111C SURY INC' ! THENCE North 4a! degnos 12 mfnubes 31 seconds East wntinuinq with setd right- af-woy Mme. 14.33 fist to a 1/2 inch capped abet rod ston+ped 1AQAK SURV M!C' ! THENCE North 00 dsgrses 04 nam+bo 81 ssewtde East oordMt+inq with cold right- of-way Nra. 2.14 lost to 0 1/2 ine4~ copped stoat rod stornWd '1i1MK SURV tNC' ~ sot in the northwbl boundary tine d said Trost 1 and tM southerly right--of ray Ors d L 0: Laeiatt Road (s 50' right-d-woi- Mrnk THENCE South 50 deprsw Z7 minutss 00 ascends East with sold narthsra- boundary eno and said southerly right-ate wail OrN. at 200.Od cost peeing th. northoaR corner d sold Troek 1. bsti~q the northwest oornsr d said Tract 2. _1a ar 3Qe.Qll teak to a 1 /2 inch eoppsd steal rod sbompsd 'MOYIK SURV MdC' found for the northwest vornsr of the tract described M the dead to Mork 0. Horan and wKo, 911w A. Honor as ncaded in ~Molums 11255. Pops t21l; d the Dosd Records. Tenant County. Te~eas; THENCE South 00 dpnss 23 minutes 00 esoonds woof with the westerly boundary One d sold Hsnori trod. 405.00 teak to a 1/2 tneh copped sbel rod stamped 'NOAK SURV OVC' found fvr the southwest corner thereof. also batnq in the southufy boundary qno d sold Tract 2; THENCE North t30 dsgrses 27 minutes DO seconds west. 37q.04 fast with sold boundary One to the pbeo d bogtnnlnq and evntatnlnq 4.3057 aces of lord. man or Isss. ore surwysd by povld C. trloak 5wrsyors. Inc. during the month of June. 10la. Exhibit B Ordinance 0-99146 PUD-C LD. I~COCt't SOLD ,• ~ mss- ~ ~~- ~ ~ ~ I ~ 1'~ ~) ~ ~ i ® i ~ t e=e ~ i ~ ~ ~ ~ ® i t ~ ~ ~ ® ~ ® ~ ~ ~ ~~ ~ va~c~xr 1 earwo ar 4" ~~ ~ ~> ! ~~ _ 8 3 a tar-~ PoD-c vw~cwr r~xast ~a e4oos ar ~.o~' wzr~c~r i+~t zo~tto3r zv w~ t+vn-c a®nutrce o-oe-ioss Zsaar ~. ~ni w~cm~cas, tt~. Exhibit C ' Ordinance 0-99-146 PUD-C ll it tar-as tx~-c vwcrtrr ~~mr ~c:~ee aa,soc ~ ttzarwttw-xr mts aooo ~ ~m~c se0.oo' m~ ms ~A tat-s~ rim--c v~c~-~er 1ic1IA1l'T ~ °~~°°~ ~~.. ~ s ~+ ~ x-~o vacurt CONCEPTUAL PLAN - •AiTC~ CON3ULTfNG, LTD. - 4.305? GR03S ACRES g Supporting Documentation for Request to Amend PUD-C Ordinance 0-96-1053 (11h15) Statement of Pla~ning Objectives Ordinance 0-96-1053 governing the development of the southeast comer of Precinct Line Road and L. D. Lockett Road was adopted prior to the undertaking of two significant local projects; (1) the re-construction of Precinct Line Road. and (2) the 1998 Masfier Plan process. The fom~er brought about major changes in the physical environment, impacting McNary Acres and the entire Precinct Line Corridor. The latter included a total review of the Precinct Line Corridor, also known as the Western Gateway, and the resulting document reflects a significant shift in community attitudes regarding the intensity of development desired in this corridor. The current PUD-C for McNary Acres is actually a planned CC-1 district with several architectural and engineering design restrictions added and a spatial requirement that at least 65 °~6 of the floor space be dedicated to retail uses. By extension. it can be assumed that those uses allowed by SUP in the CC-1 district are also allowed in the PUD-C by SUP. However, no SUP's were addressed at the time the PUD-C was adopted. This request seeks approval of: 1. an amended PUD-C site plan; 2. an SUP for alcohol sales for off premise consumption within a 3,600 square foot convenience store with gasoline sales on the proposed Lot 1 R of McNary Acres; and 3. an SUP for alcohol sales for on premise consumption within a restaurant setting on the proposed Lot 2R of McNary Acres. 4. an adopting ordinance to include the following conditions: A. The site plan is conceptual only. The final location of all buildings will be detennnined during review by the staff level Development Review Committee. B. 40 foot landscaping setbacks shall be maintained along Precinct Line and L.D. Lockett . C. The total number of caliper inches of trees maintained on the site in multiples of three inch trunks or greater shall be equal to one caliper inch for every seven feet of street frontage plus one caliper inch for every 4 parking spaces. D. The curb return radius for driveways shall be a minimum of 20 feet and a maximum of 30 feet. E. Cross access easements shall tae granted to alt properties within and adjacent to the PUD-C. F. All uses permitted within the CC-1 district shall be permitted. Exhibit D Ordinance 0-99146 PUD-C (111.16) Deve/ooment Schedule The owner is negotiating with several prospective purchasers in the hope that development can begin as soon as Spring 1999. The highly restrictive nature of the current PUD-C has proven to be a barrier to potential retailers. (111-17) Sent of i~~~( Owne-shio It is the desire of the current owner to sell this site. A future owner has not been identified. (IIh18j Statertteet of [ltilit/es to be Provided Water is available to the site. Sewer will be extended to the site by the owner in cooperation with the property owner immediately south of McNary Acres. The final agreement for this cooperative effort should be completed within the next 30 days. Construction of this sewer line will coinade with general development of the site. This work will also help open the north side of L. D. Lockett for development. ORDINANCE 0-00-1258 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND AMENDING ORDINANCES 0-96-1053 AND 0-99-1146 CONDITIONS, AND AUTHORIZING A RESTAURANT WITH DRIVE-THROUGH SERVICE; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application to amend Ordinances 0-96-1053 and 0-99-1146 conditions was filed by Awad Eskander representing Perry Mulubhoy on September 29, 2000, under Case No. Z-00-073; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and WHEREAS, the City Council is of the opinion that the zoning change herein made furthers the purpose of zoning as set forth in the Land Development Code and is in the best interest of the citizens of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 3, Atlantic Oil & Gas Addition, by amending the special conditions for Ordinances 0-96-1053 and O- 99-1146 to allow a restaurant with drive-through service, together with the conceptual site plan (Exhibit B) and subject to the following conditions: a. The building shall be constructed as the new prototype buildings, provided the City's existing building design, landscaping, signage and other critical site standards are met. Ordinance 0-00-1258 Page 2 of 2 b. The drive-through window shall be located at the rear of the building, as shown in Exhibit B. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ ~ day o , 2000. The second reading and public hearing being conducted on the day of ~Prp.»~pr. 2000. ATTEST: . Cynthia Singleton City Secretary CITY OF COLLEYVILLE: Donna Arp Mayor APPROVED TO FORM AND LEGALITY: _~ i Ross T. F ster City Attorney ~0A TR N 1. i01 K K ~ 111 501 TR IW M t03 M /n .1T] • . ~ ~.iN AL t•~ K ~•i K ~ i pN ~ 1 1^.5i K ~ AD $B u ~~ g6 i .tiu TR Is , sso • I TR Io ! 5. T7 K ~ ./ .. ~ t1 t ~ ./iii .a1. ~. pN W .C ^ TR tA10 .!7 K 7 ^ ,R /A10 .~!! K ^ ~ 0.77 i ~N S1 w ~ _ 1 ~ Y ~ ~j ~jV~~1 T ~~5 ~ ?t,~ AL . ~'~• ') 1A IE O f 1 1R tAi •.!s K M IAA 2.IK TR 1N ••1 AL ' r 1IL0' 17. N3 K $ i ~ __. w~ . Ryo ~,L i 1.» K ~ .w1 sw w J ~ , 1 i1• 1 EA ~ CO Rp sIZE R P A z E e ~ ~ M R . .1 g l ~Z, 1 1 . RE K 2 T , .st Ac Ti ,. .!2 Ac . ,. ,~ i,„ AL . N T AT $ «5 ES AC 6 N , lA i T M T 1 • A 1. • • , - Z~~55 3i,~ ~oyT y • TI»111 ~ ~ v >ti E p 1., .~ 1 X L T• 1R 1EE TR 1K ,w •1 . TR ql ~~65 i >, 1 , i,n • 5.•1 • • I.q Ac ~ 2 ~ ~ 2 . T 1 N AC ~ ~~ ~~ i ~ n 7A R C EA Y 1 .,i . o .9~' G r C0~ P~ REA ' 11 1o.NC • e 2 ^.l ~ //~ ~yV » U .. I.N. E ~ ,A ~ , L ~ i/ 1 20 KI 1 C J ,j0 . 1 iT. Si!•1 { ^ .!!5 ' ' c ¢`-~ "T ~Tri: .;C!_..Cr+i:_lf: CI > m!__._~ TR 1 `' K .----.• .-'.^.-'-" ~ ~ IRK7 OIA E i! 1. SSIT K 1 a 5 y ~1 17.72N1 TRALT nA • ~ AT y c;?, 2%ii~iL : i0 1.11 _ .sin KI ~ _ K .. - T.T~1 K ^.--- ^~ ~ <'S- _....__~,.. -$„Fl ~i! L 1 ~ I V !_!'•1: S Ln K 1.50 011 T.2„ ~ ~ ~ ~~~`° R MKT NO -~ t •. llt./ 1 .l „ i I~ , u T iR ,A.7. i i S M ~ , t t1AlIKAT~ 1RKT Al• TRKT A TRKi ii ._ __.. ~ .sn • .. ~ k i 4, 'E ,e 0 ~ ~ ~ ~ • n T )1.12 K e tll:xa I:x ..K nth li `.~~1T t7 U"1'" I t ~~2 /T 02 K = I .TTO • IH.it • 117.00 •~ {{{ • •L LOCATION MAP ~ AREA OF NOTIFICATION AMENDMENT TO THE PUD-C -CASE Z-00-073 LOCATION & ZONING MAP -EXHIBIT `A' r~ ~ ~~~ ~z0 ~~t poor s~ 0 ~~~ ~~aY=ly ZQ ~~ M!~ O< ~ otS -gyp f' O 4'} ai ~' N ~ ~ i ~~ ~~ s~ 1 1 ~X 1 ~~ 1~0~ Q y A 1 I = I 1 1 \^~ ~~ ~ ~~ -~ ~~ ~K 1 I I I I I I I~ I~ I I I~ I~ 1 ~~ ~~ryu I~ ~~ ~C 1 ~ >E __ r .. ~~ i__1 ~ i 1 ~~N / ~ 'T~ x ~ iii' ~~ i I Ao~~~'' 39.04'-------- ± N C-~ , _ _y. -_- A / 24.0' FNE LAIE, ACCESS NO UTILITI' EASpENF / S / ~p,~' 11 ~ ~,-__ CC~MERCUL pgOP'ERir CC-1 ZOMNG _ ~7 An~wnc or ~ cAs 1 ~~; ~ ~ ~ » ~ ° ~ Grand 's ~~~;~ ~ ~ ~~ ~i ~ z> •i •• ~ ~, ~ = Cole vine - ~ ~ ~~ ~ o Y _ ZONING SITE PLAN -LOT LAYOUT -EXHIBIT `B' PRECINCT UNE ROAD ORDINANCE 0-10-xxxx AN ORDINANCE AMENDING ORDINANCE 0-96-1053 AND 0-99-1146 AND 0-00- 1258 CONDITIONS, AND AUTHORIZING THE ADDITION OF A STATE INSPECTION STATION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-96-1053 on December 3, 1996, to establish the zoning of 4.3057 acres out of the I. Carodine Survey, Abstract 356, Tract 1 and a portion of Tract 2, McNary Acres; and WHEREAS, the City Council approved Ordinance 0-99-1146 on March 2, 1999, amending Ordinance 0-96-1053 by incorporating the sale of alcoholic beverages for on-premise and off-premise consumption; and WHEREAS, the City Council approved Ordinance 0-00-1258 on December 13, 2000, amending Ordinances 0-96-1053 and 0-99-1146 by incorporating a restaurant with drive-through service; and WHEREAS, the applicant has requested an amendment to Ordinances 0-96-1053 and 0-99-1146 and 0-00-1258 to authorize a state inspection station use, under Case ZC10-001; 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, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the Ordinance 0-10-xxxx Page 2 of 4 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. 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 Ordinances 0-96-1053 and 0-99-1146 and 0-00-1258 regarding authorizing the use of a state inspection station. 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 Lot 1, Block 1, of the Atlantic Oil and Gas Addition as depicted in the attached Exhibit "A" and Exhibit "B". Sec. 4. THAT the above described tract of land shall be subject to the following amended conditions: 1. GENERAL a. The purpose of this amendment is to allow for a state inspection station use on Lot 1 only. b. There shall be no vehicle repairs performed on the subject property. c. There shall be no temporary business signs associated with this use allowed on the subject property at any time. Ordinance 0-10-xxxx Page 3 of 4 d. The state inspection station shall be located in the existing 1,177 square foot car wash structure located behind the convenience store and shall not be expanded. e. The hours of operation shall be Monday through Saturday from 8:00 a.m. to 6:00 p.m. and the first Sunday of every month. f. Prior to the business opening, a minimum eight (8) foot wood or masonry screening fence shall be constructed and maintained along the entire length of the rear property line where adjacent to residential zoned or used properties. g. Prior to the business opening, a minimum 20 foot wide landscape buffer shall be installed and maintained along the entire length of the rear property line where adjacent to residential zoned or used properties and contain live plant material of the evergreen variety, which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. h. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended herein. 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 ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and Ordinance 0-10-xxxx Page 4 of 4 in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinances 0-96-1053 and Ordinance 0-99-1146 and Ordinance 0-00-1258 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor Matthew C. G. Boyle City Attorney EXHIBIT "A" -Location and Zoning Map ~~ ,~ ..: ~ ~, . a;~e- a+~~° ~i~ ~ ; rare i '~~~ ~a~ ~o-,a ~~ f ~' ~' ' , f^ ,y. ~U~~ 4J! ?;r:~ i i~`i`~ ~4 ~f ~q~"'F. f_ ~ e ........ _...._ - -~_ / •~~}}~~ , ~. tY~~. ~& 7 ~ w 8 1~M1 J v . r i'*V y , ~'!~~ a a 1.47 ~~~~ ~~~ ~~y ~`Sa~ Jk,~~M ~1~ r r,,~r ~~~ i-~..~, ~,~,~ ~_.,- 'S$ r "Q.t !U~ I ~Y ~ ~ Its i :~ ~ 1 ~ ~' ~ _ { ~. 1 i .. _- 1 ~ ~ ~ ~~ v. 1:1~ ~~ ~: ~~ +~ l ~3iT P~~lr ~ i 1~ ,. !`~' S ~ 7A'T' I~ ~_~~ '~ i.. f f ~ ~ }a~~,~~ t~t~LJ ;b i. ~~~ 7~ ~- ~ ~ ~ ~~ ~~~ ' ~: :?4 ~ ~ _ ~. ; '~~ R, Exhibit "B" -Site Plan ~: ~~ ~Qnit~9 Exhibit E . r. __ _ ~-,..~-- _ .~~ t -t ~~ a ~~ __ ~ -: ~ ~,- .' ~ »..,. ~ ,.., ;, ,__ ., __._ _ i ~ ~. ,., ~ . ~~ ~~ ~ _ ~~ ~ ~ '~ i '` ~~ I . .~ ~ i ~~ ~ ~ ~~ .. o f ~ ~l ~.~~ r qK 4.J S .~: `~ ,,~ f 4 j q s -• .. .. _