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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-06/11/2018City of Colleyville                                                                                    Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 11, 2018 City Council Chambers PRE COMMISSION MEETING  6:15 P.M.  EXECUTIVE CONFERENCE ROOM  THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,  PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS  MEETING MINUTES    DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND  UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL  ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code  Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with  attorney on legal issues raised by public hearing or action items on the  agenda 7:00 P.M. ­ REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: COMMISSIONER VAN BEVER PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES      1a March 26, 2018 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON  THE AGENDA 3.PUBLIC HEARING AGENDA ITEMS Planning and Zoning  Commission Agenda June 11, 2018 City of Colleyville                                                                                    Page 2     3a Consideration of a Special Use Permit for Alcoholic Beverage Sales –  On­Premises Consumption on Lot 1R1, Block 1, of the Market  Addition, located at 5005 Colleyville Boulevard, Suite 240, Case  ZC18­015     3b Consideration of a Special Use Permit for Package Store and  Alcoholic Beverage Sales – Off­Premises Consumption on Lot 3,  Block 2, of the Lavaca Trail Addition, located at 8070 Precinct Line  Road, Case ZC18­016     3c Consideration of an amendment to the PUD­C Planned Unit  Development­Commercial zoning district to allow for maximum  square footage for a restaurant on Lot 1RA2, Block 1, of the  Tropicana Fuels Addition, located at 7101 Colleyville Boulevard, Case  ZC18­017     3d Consideration of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove  Addition, Phase II, located at 105 & 103 John McCain Road and 7189  Cast Iron Forest Trail, Case PC17­004,TABLED FROM THE MAY 14,  2018 MEETING     3e Consideration of a zoning change from the AG Agricultural zoning  district to the CC­1 Village Retail zoning district and a Special Use  Permit (SUP) for Cemeteries or Mausoleums on Tract 2B & 2B02,  Abstract 180, in the J L Byas Survey, located at 5713 Colleyville  Boulevard, Case ZC18­001, TABLED FROM THE MAY 14, 2018  MEETING     3f Consideration of amendments to the Land Development Code,  specifically Chapter 1 – General Provisions, Chapter 4 – Landscaping  and Buffering, and Chapter 6 – Commercial Design Standards 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards June 8, 2018  by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this  meeting. Planning and Zoning  Commission Agenda June 11, 2018 City of Colleyville                                                                                    Page 3 Any matter on this agenda may, at the discretion of the governing body, be  opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special  accommodations, please advise the City Secretary at least 48 hours in advance at  817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 26, 2018 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chairwoman Mathisen on March 26, 2018, at 7:15 p.m. Roll Call Present: Raymond Allee, Susan Mathisen, Charles Kelley, Claudia Bevill, and Jason Elms Absent: Sam van Bever and Veronica Baughman, Staff Present: Ben Bryner, Felix Landry, Chief Brian Riley, Robert Mckeown, Taylor Schauwecker, Araceli Botello, and City Attorney Whitt Wyatt 1. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 2. APPROVAL OF MINUTES Commissioner Elms made a motion to approve the January 22, 2018 minutes. Commissioner Bevill seconded. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 Commissioner Kelley made a motion to approve the February 12, 2018 minutes. Commissioner Bevill seconded. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 City of Colleyville Page 1 Planning and Zoning Commission Agenda March 26, 2018 City of Colleyville Page 2 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Lots 1R1 & 1R2, Block 1, Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case ZC18-002, CASE WITHDRAWN BY APPLICANT Chairwoman Mathisen noted that the applicant has formally request to withdraw and close the case, therefore no action needs to be taken by the Commission at this time. Community Development Director, Ben Bryner added that staff anticipates that this case will be presented in the future and it will be a new case. 3b Consideration of a zoning change from the AG Agricultural zoning district to the CC-1 Village Retail zoning district and a Special Use Permit (SUP) for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC18-001, TABLED FROM THE FEBRUARY 12, 2018 MEETING Chairwoman Mathisen noted that the applicant has request to table the case and therefore requested to open the vote to remove the case from the table and vote on the applicant’s request to table the case. Commissioner Kelley made a motion to remove Case ZC18-001 from the table. Commissioner Elms seconded. The motion to remove case from the table carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 Ben Bryner presented the case and briefed the Commission. He added that the applicant has requested to table the case to the May 14, 2018 Planning and Zoning Commission Meeting in order to address concerns of drainage, setbacks, and screening along Hall Johnson Road. Chairwoman Mathisen requested a motion for the case. Planning and Zoning Commission Agenda March 26, 2018 City of Colleyville Page 3 Commissioner Bevill made a motion to table Case ZC18-001 to the May 14, 2018 Planning and Zoning Commission Meeting. Commissioner Kelley seconded. The motion to table the case carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 3c Consideration of a Special Use Permit for Alcoholic Beverage Sales – On- Premises Consumption on Lot 3A, Block 2, of the Village Park Addition, located at 4609 Colleyville Boulevard, Case ZC18-003 Felix Landry presented the case and briefed the Commission. The public hearing was opened at 7:27 p.m. The applicant, Catherine Chamblee, 600 Congress Avenue, Austin, Texas, came forward and briefed the Commission. Commissioner Kelley questioned the applicant if the restaurant Chipotle is a franchise or owned by corporate. The applicant responded that the restaurant is owned by corporate. Commissioner Kelley questioned the applicant regarding the hours of operation for the restaurant. The applicant responded that the hours of operation are from 10:30 a.m. to 10:00 p.m. The public hearing was closed at 7:31 p.m. Chairwoman Mathisen requested a motion for the case. Commissioner Kelley made a motion to approve Case ZC18-003. Commissioner Elms seconded. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 Planning and Zoning Commission Agenda March 26, 2018 City of Colleyville Page 4 3d Consideration of a zoning change from the AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Tract 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case ZC18-006 Ben Bryner presented the case and briefed the Commission. Chairwoman Mathisen questioned staff regarding the square foot of the proposed lots in the subdivision. Staff responded that proposed lot sizes for each lot is about 20,000 square feet. Chairwoman Mathisen question staff what type of fencing is located along 4920 Glade Road. Staff responded that he would need to do some research. Staff added that the applicant may be able to respond to the question. Commissioner Elms question staff regarding the lot coverage requirements for the proposed lots. Staff responded that a stipulation can be added for the proposed lots to follow the standard R-20 zoning district’s lot requirements which is a 30 percent lot coverage regulation. Commissioner Kelley questioned staff regarding the R-20 zoning district’s tree preservation requirements. Staff responded that the detailed tree preservation analysis is not required for the zoning request. Staff added that the applicant appears to exceed the standard percentage of required canopy for tree preservation outlined in Chapter 5 of the Land Development Code. Commissioner Kelley addressed concerns regarding fencing to the west of the property and the street not being up to code. He added that he would like to hear from the Fire Marshal on the concerns. The City’s Fire Marshal, Robert McKeown, came forward and briefed the commission. The Fire Marshal responded that the street was poured as approved by a previous council. He added that the Land Development Code allows for the installation of fire suppression system as safety measure in the homes when streets are longer than standard or has over 12 lots in a cul-de-sac. Chairwoman Mathisen question the Fire Marshal regarding concerns of having 16 lots in lieu of the standard 12 lots in a cul-de-sac as proposed. The Fire Marshal responded that the width of the street is not to standard and that more homes could create a greater chance for something to go wrong, but it is not to a level that is alarming. Discussion continued regarding the width of the street in the proposed development. Commissioner Kelley questioned staff regarding the R-20 zoning district’s Planning and Zoning Commission Agenda March 26, 2018 City of Colleyville Page 5 fencing requirements between residential lots. Staff responded that fencing is not required between residential uses. Staff added that fencing is only required when you have adjacency between an alternate use, e.g. commercial adjacent to residential. Commissioner Kelley questioned staff on the type of use to the east of the subject property. Staff responded that the uses to the east are single-family residential. Commissioner Kelley questioned staff if the zoning is R-20. Staff responded affirmatively. Commissioner Bevill questioned staff if the request for zoning is PUD-R. Staff responded affirmatively. Commissioner Bevill questioned staff if the PUD-R zoning requires fencing. Staff responded no. Commissioner Elms questioned staff regarding access from the east side of the subject property. Staff responded that there is mutual access easement to the west of the property only. Staff added that the applicant is proposing to take access from Carmel Place. Commissioner Elms questioned staff regarding accessing a street from an open space lot. Staff responded that typically you don’t access a street from an open space lot. Staff added that because there is a mutual access easement dedicated on the plat, it then allows for access from the open space lot. Commissioner Kelley open discussion regarding placing a more substantial type of screening between the lots in lieu of the ornamental fencing. Chairwoman Mathisen questioned Commissioner Kelley as to the location of his request. Commissioner Kelley responded that the fencing would be between the proposed lots and the lots to the east. Commissioner Elms pointed to the Zoning Exhibit and questioned staff if the property to the east of the subject property is one lot. Staff responded that there three homes to the east of the subject property, with two homes directly adjacent. Staff clarified that the property to the south is a flag pole lot which is adjacent along the east boundary of the subject property. Discussion continued regarding screening. Commissioner Bevill questioned staff regarding the open space requirements for the property to the west of the subject property. Staff responded that the zoning was approved to meet a minimum 14 percent of open space. The subject property is required to meet a minimum of 20 percent of open space. Commissioner Kelley pointed to the Zoning Exhibit and questioned staff regarding the building on Lot 5X. Staff responded that it is an existing building and would be removed as part of the proposed open area. Planning and Zoning Commission Agenda March 26, 2018 City of Colleyville Page 6 The public hearing was opened at 8:03 p.m. Kathy Hadley, 204 N. Timberline Drive, came forward and spoke in opposition to the case. Ms. Hadley addressed concerns regarding the number of proposed homes and maintaining the country atmosphere. The design engineer, Bryan Klein, 7075 Twin Hills Avenue, Dallas, Texas, came forward and briefed the commission. The public hearing was closed at 8:11 p.m. Chairwoman Mathisen requested a motion for the case. Commissioner Elms made a motion to approve Case ZC18-006. Commissioner Allee seconded. The motion to approve carried by the following vote: Aye: 4 – Allee, Mathisen, Kelley, and Elms Nay: 1 - Bevill 3e Consideration of an amendment to the PUD-R Planned Unit Development-Residential zoning district regarding the minimum roof pitch requirement for the Carmel Place Estates subdivision, located at 4808 to 4920 Carmel Place, Case ZC18-008 Ben Bryner presented the case and briefed the Commission. Commissioner Elms questioned staff if the request is to add a minimum roof pitch of 5/12 and allow up to a 12/12 roof pitch. Staff responded affirmatively. Staff added that the request is to allow for a minimum roof pitch of 5/12, but nothing lower than that. Commissioner Elms questioned staff if the request is to maintain consistency across the development of future homes. Staff responded that the amendment would apply to all lots in the subdivision and that currently there are no homes developed at this time. Further, the first proposed home to be developed with a 5/12 roof pitch could set the standard for the other homes in the area. Chairwoman Mathisen asked if the applicant would like to present his case before the Commission. The applicant responded with no. The public hearing was opened at 8:18 p.m. Planning and Zoning Commission Agenda March 26, 2018 City of Colleyville Page 7 The public hearing was closed at 8:19 p.m. Chairwoman Mathisen requested a motion for the case. Commissioner Kelley made a motion to approve Case ZC18-008. Commissioner Allee seconded the motion. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 4. ADJOURNMENT The meeting adjourned at 8:20 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on _____________ by a vote of ___. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 06/11/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville Boulevard, Suite 240, Case ZC18-015 Explanation Chalermwong Sukpanishakul, of NAPA Restaurant, has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 5005 Colleyville Boulevard, Suite 240. The subject property was previously occupied by Sai Thai & Asian Bistro. Alcoholic beverage sales for on-premise consumption are allowed in the CC-1-Village Retail district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-1 Village Retail district and generally located on the east side of Colleyville Boulevard, north of Old Glade Road. The subject property is a platted lot and currently developed with a multi- tenant commercial building. Suite 240, the proposed location of NAPA Restaurant, was previously occupied by a restaurant known as Sai Thai & Asian Bistro. Sai Thai & Asian Bistro was granted approval of an SUP for the sale of alcoholic beverages for on- premise consumption by Ordinance O-17-2007. However, the SUP expired upon the change of ownership and renaming of the restaurant. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow alcoholic beverage sales for on-premises consumption in conjunction with a new restaurant. The applicant is requesting to sell and serve alcohol as part of the NAPA Restaurant menu. The applicant proposes the following hours of operation as a component to the SUP request: Sunday - Saturday: 11:00 a.m. –10:00 p.m. Ordinance – There are four components of procedure that a business must complete to sell and serve alcohol for on-premises consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption) (2) submission of draft Texas Alcoholic Beverage Commission (TABC) License paperwork to the City Secretary’s Office for review and approval, (3) submission of completed TABC License paperwork to the TABC, (4) the issuance of an Alcoholic Beverage License through the City Secretary’s Office. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” SUPs automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol sales must be incidental and secondary to the sale of food for human consumption (further clarified in the Code as non-alcohol and food sales must comprise at least 60 percent of gross receipts). Analysis: The requested SUP is consistent with previously approved SUPs on the subject property and is permitted by the Land Development Code with City Council approval. The applicant proposes to operate the business in a similar manner to the previous restaurant at this location. The requested location is in compliance with the distance requirements of the Code of Ordinances, and the applicant is proposing to comply with the 60/40 incidental sales requirements as stated above. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Surrounding Development: The properties to the north, south, east and west are zoned CC-1-Village Retail district and developed with commercial buildings. One property to the northeast is zoned R-20 Single Family Residential and developed with one single family home. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property as located within the Central Sector of the Colleyville Boulevard Corridor. This area has been identified as having the greatest potential to become a true center of activity by tying together major commercial and entertainment centers along the Corridor. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, one correspondence has been received in opposition. Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP) to authorize the sale of alcoholic beverages for on-premises consumption for the NAPA Restaurant at 5005 Colleyville Boulevard, Suite 240. The proposed business is consistent with the previous uses on the subject property and should not adversely impact surrounding uses. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Floor Plan 6.Notification Map 7.Notification List 8.Property Owner Notification Letter 9.Letter of Opposition 10.Draft Ordinance G L A D E R O A D C O T T A G E L A N E T H O M P S O N T E R C O L L E Y V I L L E B O U L E V A R D PIAZZA L ANE TERRA COT TA WAY GARRY LYNNE DRIVE P L E A S A N T R U N R O A D B E D F O R D R O A D M A I N S T R E E T JO C A R O L L A N E OLD GLADE R OAD LAKEWOODDRIVE V I L L A G E L A N E G L A D E C R E E K D R I V E O A K T I M B E R S C O U R T 50 4900 1112 4932 5109 5113 1005 5025 4908 4906 5004 5013 51 17 85 51 4901 5012 5108 1105 1112 1112 14 5005 1009 5209 5150 1104 5003 5016 77 35 5004 5101 41 101 5105 5000 5010 1100 13 94 1109 5115 1104 5100 5100 84 5201 4925 5017 1100 5201 1108 4800 5109 5005 18 5021 88 710 1120 53 26 5104 5017 5001 1105 24 1101 4804 1105 5113 4917 1100 4913 4909 5008 5000 88 1113 5204 1105 1104 1104 5121 4800 1100 5101 4905 13 83 5005 3450 5113 37 4904 4928 800 5104 1105 1108 1116 5108 1100 5009 4917 33 701 5200 1104 5025 4902 4944 4718 1104 5000 700 1100 4936 4814 8592 33 5109 52 60 54 46 46 50 42 100 97 4708 4709 4841 707 4701 4717 4843 4725 482149224817 1004 1113110511091101 1117 1104 1108 1105 1109 1100 5112 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-015 K Subject Prop erty 5005 Colleyville Boulevard, Suite 240 G L A D E R O A D C O T T A G E L A N E T H O M P S O N T E R C O L L E Y V I L L E B O U L E V A R D PIAZZA L ANE TERRA COT TA WAY GARRY LYNNE DRIVE P L E A S A N T R U N R O A D B E D F O R D R O A D M A I N S T R E E T JO C A R O L L A N E OLD GLADE R OAD LAKEWOODDRIVE V I L L A G E L A N E G L A D E C R E E K D R I V E O A K T I M B E R S C O U R T AGCC-1 CC-2 R-MF PU D-C PU D-C AG PU D-R R-20CC-2 PU D-C CN R-20 CNCC-1 CC-1 CN 50 4900 1112 4932 5109 5113 1005 5025 4908 4906 5004 5013 51 17 85 51 4901 5012 5108 1105 1112 1112 14 5005 1009 5209 5150 1104 5003 5016 77 35 5004 5101 41 101 5105 5000 5010 1100 13 94 1109 5115 1104 5100 5100 84 5201 4925 5017 1100 5201 1108 4800 5109 5005 18 5021 88 710 1120 53 26 5104 5017 5001 1105 24 1101 4804 1105 5113 4917 1100 4913 4909 5008 5000 88 1113 5204 1105 1104 1104 5121 4800 1100 5101 4905 13 83 5005 3450 5113 37 4904 4928 800 5104 1105 1108 1116 5108 1100 5009 4917 33 701 5200 1104 5025 4902 4944 4718 1104 5000 700 1100 4936 4814 8592 33 5109 52 60 54 46 46 50 42 100 97 4708 4709 4841 707 4701 4717 4843 4725 482149224817 1004 1113110511091101 1117 1104 1108 1105 1109 1100 5112 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-015 K Subject Prop erty 5005 Colleyville Boulevard, Suite 240 V I L L A G E L A N E G L A D E R O A D T H O M P S O N T E R PIAZZA LANE C O L L E Y V I L L E B O U L E V A R D OLD G L AD E R O A D P L E A S A N T R U N ROAD BE D F O R D R O A D O A K T I M B E R S C O U R T 53 4921 4900 37 5109 5113 1005 5025 4908 4906 12 61 5004 5013 5151 5012 5108 51 5005 1009 5150 5003 5016 35 4913 5004 5101 55 41 101 5105 5000 5010 1100 5115 5117 5100 5100 4925 5017 5109 5005 5021 710 47 5104 5017 5001 24 1101 4804 5113 4917 905 4913 5013 4909 5008 5000 5121 4800 5101 4905 13 5005 59 37 4904 800 5104 5108 5009 4917 5025 28 5000 700 4814 858585 36 37 52 606060 54 46 4446 5048 42 97 4708 4841 7074843 1105 1100 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-015 KSubject Property Sales Tax Preferred Intersection Residential Commercial Colleyville Blvd Corridor 5005 Colleyville Boulevard, Suite 240 1$3$5HVWDXUDQW 7KDL$VLDQ&XLVLQH &ROOH\YLOOH%OYG6XLWH&ROOH\YLOOH7;  0DUFK 7RZKRPLWPD\FRQFHUQ 0\QDPHLV&KDOHUPZRQJ6XNSDQLVKDNXO,DPFXUUHQWO\WKHRZQHU RI 7KDL UHVWDXUDQW LQ 'HQWRQ 7H[DV ,¶YH UHFHQWO\ DFTXLUHG WKH UHVWDXUDQWVSDFHDW&ROOH\YLOOH%OYG6XLWH&ROOH\YLOOH7; 7KHVSDFHZDVIRUPHUO\7KDL $VLDQUHVWDXUDQWZLWKDIXOOEDUWKDW VHOODOFRKROVFDOOHG³6DL´RZQHGE\WKHZHOONQRZQ&KHI(GG\,DP KRZHYHUSODQQLQJWRRSHQDQHLJKERUKRRG7KDL$VLDQUHVWDXUDQW FDOOHG³1$3$7KDL$VLDQ&XLVLQH´DQGZLOODOVRVHOODOFRKROVRQ SUHPLVHRQO\7KHRSHUDWLQJKRXUVZLOOEHIURPDPWRSPGDLO\ ,DPDVNLQJIRU\RXUFRQVLGHUDWLRQIRUD6SHFLDO8VH3HUPLWLQRUGHU IRU PH WR JHW 7$%& /LFHQVH EHIRUH , FDQ RIILFLDOO\ UHRSHQ WKH UHVWDXUDQW,DPYHU\H[FLWHGWREHDSDUWRI&ROOH\YLOOHEXVLQHVV FRPPXQLW\3OHDVHGRQRWKHVLWDWHWRFRQWDFWPHIRUDQ\RWKHU LQIRUPDWLRQ0\FRQWDFWQXPEHULV  7KDQN\RXIRU \RXUWLPHDQGFRQVLGHUDWLRQ  6LQFHUHO\<RXUV &KDOHUPZRQJ6XNSDQLVKDNXO DND),567  Statement of Planning Objectives Floor Plan G L A D E R O A D C O T T A G E L A N E T H O M P S O N T E R C OL L E Y V I L L E B O U L E V A R D PIAZZA LANE P L E A S A N T R U N R O A D GARRY LYNNE DRIVE SH A D O W O O D R O A D TERRA COTTA WAY BE D F O R D R O A D M A I N S TR E ET JO C A R O L L A N E OLD GLADE ROAD V I L L A G E L A N E LAKEWOOD D R I V E O A K T I M B E R S C O U R T GL A D E C R E E K D R I V E 50 4900 1112 4712 4932 4913 5109 5113 1005 5025 4911 5001 4908 4906 5004 5013 4808 51 17 51 4901 5012 5108 4907 1105 14 5005 1009 5209 5150 1104 5003 5016 35 5004 5101 41 101 5105 5000 5010 1100 13 1109 5115 1104 5100 5100 84 5201 5017 1100 5201 1108 4800 5109 5005 5021 88 710 26 5104 5017 5001 1105 24 1101 4804 1105 5113 4917 1100 4913 4909 5008 5000 5003 5204 1105 1104 1104 5121 4800 1100 5101 4905 4903 13 4909 5005 4714 3450 601 5113 37 4904 4928 800 5104 1105 1108 1116 5108 5005 1100 5009 4917 33 701 4905 5200 5007 1104 5025 4902 4944 4718 1104 5000 700 4936 4814 85925109 60 54 46 46 50 42 100 97 4708 4709 4841 707 4701 4717 4843 4725 4809 4821 4922 4813 4817 1004 1100 1108 1105 11091101 1117 1104 1108 1105 1109 1100 5112 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-015 K Subject Property 500ft Buffer Properties within 500ft 5005 Colleyville Boulevard, Suite 240 Owner Name Owner Address Owner City Owner Zip Situs Address SC 16 VILLAGE LANE INVESTMENT 505 PECAN ST STE 101 FORT WORTH, TX 76102 16 VILLAGE LN HOA - LAKEWOOD ESTATES 6707 BRENTWOOD STR RD FORT WORTH, TX 76112 4921 LAKEWOOD DR COLLEYVILLE PLAZA LP 580 DECKER DR STE 203 IRVING, TX 75062 4900 COLLEYVILLE BLVD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 5100 COLLEYVILLE BLVD DUCIC, KIMBERLY 37 PIAZZA LN COLLEYVILLE, TX 76034 37 PIAZZA LN SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN 37215 5109 THOMPSON TERR SIDES, JOSEPH D 2911 COMPTON RD NASHVILLE, TN 37215 5113 THOMPSON TERR GLADE RD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 1005 VILLAGE PARK DR BUCHWALD, RUDOLPH W 1309 ASHFORD CT COLLEYVILLE, TX 76034 5025 COLLEYVILLE BLVD COLLEYVILLE PLAZA LP 580 DECKER DR STE 203 IRVING, TX 75062 4908 COLLEYVILLE BLVD COLLEYVILLE PLAZA LP 580 DECKER DR STE 203 IRVING, TX 75062 4906 COLLEYVILLE BLVD VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 12 VILLAGE LN O'BRIEN, PETE 609 CHEEK SPARGER RD STE 120 COLLEYVILLE, TX 76034 5004 THOMPSON TERR BUCHANAN LUBBOCK PROPERTIES 3410 LAKE CREEK TR MANSFIELD, TX 76063 51 VILLAGE LN BUCHANAN LUBBOCK PROPERTIES 3410 LAKE CREEK TR MANSFIELD, TX 76063 51 VILLAGE LN BREWER, GLADYS L 5012 OAK TIMBERS CT COLLEYVILLE, TX 76034 5012 OAK TIMBERS CT MCNOSKY, ANTHONY T 5108 PLEASANT RUN RD COLLEYVILLE, TX 76034 5108 PLEASANT RUN RD BUCHANAN LUBBOCK PROPERTIES 3410 LAKE CREEK TR MANSFIELD, TX 76063 51 VILLAGE LN QUENICHET, JOHN WAYNE 5005 OAK TIMBERS CT COLLEYVILLE, TX 76034 5005 OAK TIMBERS CT GLADE ROAD CAPITAL LLC PO BOX 1821 COLLEYVILLE, TX 76034 1009 GLADE RD BOJKU, AFRIM 5309 COLLYVILLE BLVD COLLEYVILLE, TX 76034 5150 COLLEYVILLE BLVD Y2KITCHEN PROPERTIES LLC 4500 DARTMOORE LN COLLEYVILLE, TX 76034 5003 COLLEYVILLE BLVD HAYWORTH, WARD O 2757 MESQUITE LN GRAPEVINE, TX 76051 5016 THOMPSON TERR FRUSHER, DONALD 35 PIAZZA LN # 38110 COLLEYVILLE, TX 76034 35 PIAZZA LN # 38 111 RAJU, SESHU 3816 APPLETON LN FLOWER MOUND, TX 75022 5004 OAK TIMBERS CT BUCHWALD, RUDOLPH W 1309 ASHFORD CT COLLEYVILLE, TX 76034 5101 COLLEYVILLE BLVD JPMORGAN CHASE BANK PO BOX 2558 HOUSTON, TX 77252 5000 COLLEYVILLE BLVD DUNN, REX A 312 MARSEILLE DR HURST, TX 76054 5010 THOMPSON TERR THOMPSON BENJAMIN ETUX YEE-PIN 1100 GLADE RD COLLEYVILLE, TX 76034 1100 GLADE RD GIBSON, NORMAN C 113 TIMBERLINE DR S COLLEYVILLE, TX 76034 5115 COLLEYVILLE BLVD GULICK, CYLDE E 5100 OAK TIMBERS CT COLLEYVILLE, TX 76034 5100 OAK TIMBERS CT MODERN HOLDINGS LLC PO BOX 92083 SOUTHLAKE, TX 76092 5100 THOMPSON TERR BONEY, TRAVIS 4925 LAKEWOOD DR COLLEYVILLE, TX 76034 4925 LAKEWOOD DR BOJKU, HAJRI 5309 COLLYVILLE BLVD COLLEYVILLE, TX 76034 5017 THOMPSON TERR COCANOUGHER ASSET NO 3 LTD 6851 NE LOOP 820 STE 200 NORTH RICHLAND HILLS, TX 76180 5005 COLLEYVILLE BLVD HANNA, MAGY H 5021 THOMPSON TERR COLLEYVILLE, TX 76034 5021 THOMPSON TERR Y2KITCHEN PROPERTIES LLC 5003 COLLEYVILLE BLVD COLLEYVILLE, TX 76034 710 GLADE RD VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 47 VILLAGE LN RYAN WAYNE PROPERTIES LLC 16 VILLAGE LN STE 180 COLLEYVILLE, TX 76034 5017 COLLEYVILLE BLVD ACROPOLIS INC 15233 VENTURA BLVD SUITE 1160 SHERMAN OAKS, CA 91403 5001 THOMPSON TERR COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 24 VILLAGE LN ESCOBAR, ROSA 4804 BEDFORD RD COLLEYVILLE, TX 76034 4804 BEDFORD RD THOMPSON, JOHN E 5017 MONTCLAIR DR COLLEYVILLE, TX 76034 905 OLD GLADE RD NOBLIT, DON PO BOX 820895 FORT WORTH, TX 76182 4913 COLLEYVILLE BLVD TMI INTERNATIONAL LLC 5013 COLLEYVILLE BLVD SUITE 20 COLLEYVILLE, TX 76034 5013 COLLEYVILLE BLVD DUNN, REX A 312 MARSEILLE DR HURST, TX 76054 5008 THOMPSON TERR DELGADO, MARK ETAL 5000 THOMPSON TERR COLLEYVILLE, TX 76034 5000 THOMPSON TERR SC 16 VILLAGE LANE INVESTMENT 505 PECAN ST STE 101 FORT WORTH, TX 76102 16 VILLAGE LN HOA - LAKEWOOD ESTATES 12700 PARK CTRL DR STE 600 DALLAS, TX 75251 4935 LAKEWOOD DR SEHAT, MAJID 4800 BEDFORD RD COLLEYVILLE, TX 76034 4800 BEDFORD RD VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 13 MAIN ST ACROPOLIS INC 15233 VENTURA BLVD SUITE 1160 SHERMAN OAKS, CA 91403 5005 THOMPSON TERR HAMIDI, CAMERON S 17858 BENCHMARK DR DALLAS, TX 75252 37 VILLAGE LN WAL-MART REAL ESTATE BUS TRUST PO BOX 8050 BENTONVILLE, AR 72716 4904 COLLEYVILLE BLVD NOBEL SOURCE COMPANY LLC 640 S HILL ST STE 341 LOS ANGELES, CA 90014 800 GLADE RD GIBSON, NORMAN C 113 TIMBERLINE DR S COLLEYVILLE, TX 76034 5104 THOMPSON TERR SC 16 VILLAGE LANE INVESTMENT 505 PECAN ST STE 101 FORT WORTH, TX 76102 16 VILLAGE LN RICHARD FAMILY LIMITED PARTNER 5009 THOMPSON TERR STE 102 COLLEYVILLE, TX 76034 5009 THOMPSON TERR LG COLLEYVILLE LLC 3500 MAPLE DR STE 1600 DALLAS, TX 75219 4917 COLLEYVILLE BLVD SOUMPHONPHAKDY, ANOULONE 5025 THOMPSON TERR COLLEYVILLE, TX 76034 5025 THOMPSON TERR HEA21 LLC 6406 CUTTER RIDGE CT COLLEYVILLE, TX 76034 28 VILLAGE LN KING, DALE L PO BOX 371 COLLEYVILLE, TX 76034 5000 OAK TIMBERS CT ZELL THREE INC 1190 EXPLORER ST DUNCANVILLE, TX 75137 700 GLADE RD VILLAGE OWNERS ASSOCIATION INC 1024 S GREENVILLE AVE STE 230 ALLEN, TX 75002 36 VILLAGE LN HAMIDI, CAMERON S 17858 BENCHMARK DR DALLAS, TX 75252 37 VILLAGE LN HAMIDI, CAMERON S 17858 BENCHMARK DR DALLAS, TX 75252 37 VILLAGE LN JAMES, DUSTIN 40 VILLAGE LN COLLEYVILLE, TX 76034 46 VILLAGE LN GRIFFIN, REGINAL 42 VILLAGE LN COLLEYVILLE, TX 76034 42 VILLAGE LN ADVENIAT REGNUM TUUM, LLC. 1203 S WHITE CHAPEL BLVD STE 2 SOUTHLAKE, TX 76092 1105 GLADE RD HOLLAND, AXEL 1100 JO CAROL ST COLLEYVILLE, TX 76034 1100 JO CAROL LN LAKEWOOD ESTATES 213 MILL CROSSING WEST COLLEYVILLE, TX 76034 COURTESY NOTICE SUKPANISHAKUL, CHALERMWONG 6024 GOLDEN DRIVE DENTON, TX 76208 APPLICANT GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOOD AVE GRAPEVINE, TX 76051 STATE REQUIRED Public hearing notices were mailed on Friday, May 25, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: ZC18-015 Applicant: Chalermwong Sukpanishaku Owner: Cocanougher Asset No. 3, Ltd Location: 5005 Colleyville Boulevard, Suite 240 Property Description: Lot 1R1, Block 1, of the Market Addition Present Zoning: CC-1 Village Retail District Request: Consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption. The purpose is to allow for the sale of alcohol at the proposed NAPA restaurant. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, June 11, 2018 at 7:00 p.m. City Council Meetings: Tuesday, July 2, 2018 & Tuesday, July 17, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 500 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within a 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/zoning.html. For additional information, please contact the Community Development Department at 817.503.1052. Please reference the zoning case number when requesting information. Ben Bryner Community Development Director bbryner@colleyville.com Letter of Opposition ORDINANCE O-18-xxxx AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING ON LOT 1R1, BLOCK 1 OF THE MARKET ADDITION, LOCATED AT 5005 COLLEYVILLE BOULEVARD, SUITE 240, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for on-premise consumption of alcohol under Case No. ZC18-015; 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville Boulevard, Suite 240, by authorizing a Special Use Permit for the sale of alcoholic beverages for on- premise consumption, as depicted on Exhibit “A” and Exhibit “B”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b.The name of the business authorized for on-premise consumption alcohol sales by this Special Use Permit shall be called “NAPA Restaurant”. c.The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d.All requirements of the Land Development Code shall be met, except where amended herein. 2. HOURS OF OPERATION a.The hours of operation shall not exceed the following schedule: Sunday - Saturday: 11:00 a.m. – 10:00 p.m. 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 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 2nd day of July 2018. The second reading and public hearing being conducted on the 17th day of July 2018. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt Wyatt City Attorney Exhibit “A” – Zoning Map Exhibit “B” – Aerial Map City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 06/11/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for Package Store and Alcoholic Beverage Sales – Off-Premises Consumption on Lot 3, Block 2, of the Lavaca Trail Addition, located at 8070 Precinct Line Road, Case ZC18-016 Explanation Payal Brahmbhatt, the applicant, has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for a Package Store at 8070 Precinct Line Road, called Fossil Creek Spirits. Mark Stacy previously owned Fossil Creek Liquor, receiving an SUP in 2011. Package stores are allowed in the CC-2-Shopping Center district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-2 Shopping Center district and generally located on the east side of Precinct Line Road, south of Lavaca Trail. The subject property is a platted lot and is the location of Fossil Creek Spirits. This site has operated as a Package Store since 2011 under ordinance O-11- 1795, and the applicant would like to continue the same operation under the same name. However, the SUP expires upon the change of ownership. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow a Package Store at an existing location, Fossil Creek Spirits, which currently operates as a package store. The operation is changing ownership which voids the existing SUP. The applicant proposes to operate the package store as it currently operates. Ordinance – There are four components of procedure that a business must complete to sell beer and wine for off-premises consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for beer and wine sales (off-premises consumption); (2) submission of draft Texas Alcoholic Beverage Commission (TABC) License paperwork to the City Secretary’s Office for review and approval; (3) submission of completed TABC License paperwork to the TABC; and, (4) the issuance of an Alcoholic Beverage License through the City Secretary’s Office. Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 character of the neighborhood.” SUP’s for alcohol sales automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. Section 6-3 of the Code of Ordinances requires businesses that sell alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street-front property lines for churches and hospitals. Analysis: The requested SUP is consistent with previously approved SUPs on the subject property and is permitted by the Land Development Code with City Council approval. The applicant proposes to operate the business in a similar manner to the previous Package Store at this location. The requested location is in compliance with the distance requirements of the Code of Ordinances. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Surrounding Development: All of the property to the north and south of this location, on the east side of Precinct Line Road, has been designated for commercial development in the City’s comprehensive plan, Destination Colleyville. Most of that property has been zoned for commercial development, with some parcels maintaining residential zoning. The only new development along Precinct Line Road has been commercial and office development. The property across Precinct Line Road, to the west, resides in North Richland Hills and has predominately developed residential, with significant commercial development further to the north. To the east resides a variety of different Colleyville residential neighborhoods. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, designates the subject property for commercial development. The requested SUP does not conflict with the comprehensive plan. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Keller ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP) to authorize a Package Store at 8070 Precinct Line Road in the Fossil Creek Spirits location. The proposed business is consistent with the previous uses on the subject property and should not adversely impact surrounding uses. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Site Plan Exhibit 5.Notification Map 6.Notification List 7.Property Owner Notification Letter 8.Draft Ordinance LAVACA TRA IL E M M A S C O U R T P R E C I N C T L I N E R O A D STERLING D R I V E C R E S C E N T L A N E C I M M A R O N T R A I L 6220 6004 6209 6205 6212 5921 6229 6221 8070 6000 5918 6032 5923 5916 5909 5911 6225 6213 6200 6204 59155914 5922 6200 5908 5912 5910 5917 5927 6208 8080 6204 5913 5924 6205 62176216 6208 6232 5920 5919 6233 6028 6224 5800 6228 8050 6212 5928 5802 8060 5935 5931 6204 6112 6212 6100 6104 6216 6218 6108 6208 6200 8092 8096 8098 8180 8100 1101 8190 8078 1013 8090 8086 8074 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-016 K Subject Property 8070 Precinct Line Road LAVACA TRA IL E M M A S C O U R T P R E C I N C T L I N E R O A D STERLING D R I V E C R E S C E N T L A N E C I M M A R O N T R A I L PU D-R R-40 R-20 R-20 PU D-C CC-2 PU D-C PU D-C PU D-C CC-2 6220 6004 6209 6205 6212 5921 6229 6221 8070 6000 5918 6032 5923 5916 5909 5911 6225 6213 6200 6204 59155914 5922 6200 5908 5912 5910 5917 5927 6208 8080 6204 5913 5924 6205 62176216 6208 6232 5920 5919 6233 6028 6224 5800 6228 8050 6212 5928 5802 8060 5935 5931 6204 6112 6212 6100 6104 6216 6218 6108 6208 6200 8092 8096 8098 8180 8100 1101 8190 8078 1013 8090 8086 8074 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-016 K Subject Property 8070 Precinct Line Road LAVACA TRAIL E M M A S C O U R T PR E C I N C T L I N E R O A D STERLING D R I V E C R E S C E N T L A N E C I M M A R O N T R A I L 6220 6004 6209 6205 6212 5921 6229 6221 8070 6000 5918 6032 5923 5916 5909 5911 6225 6213 6200 6204 59155914 5922 6200 5908 5912 5910 5917 5927 6208 8080 6204 5913 5924 6205 62176216 6208 6232 5920 5919 6233 6028 6224 5800 6228 8050 6212 5928 5802 8060 5935 5931 6204 6112 6212 6100 6104 6216 6218 6108 6208 6200 8092 8096 8098 8180 8100 1101 8190 8078 1013 8090 8086 8074 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-016 KSubject Property Sales Tax Preferred Intersection Residential Commercial Open Space; Parks 8070 Precinct Line Road Si t e P l a n PR E C I N C T L I N E R O A D LAVACA TRAIL CHANTAL LANE E M M A S C O U R T ST E R L I N G D R I V E CR E S C E N T L A N E KA Y S C O U R T 6004 6209 6205 5812 6201 5921 5849 5907 5846 5842 5912 6004 8070 5902 6000 5918 6032 5923 5916 810 5909 5911 6200 5905 5839 6204 5835 59155914 5832 5922 5908 5843 6200 5908 5912 5910 5917 5927 6208 5900 8080 5847 6204 5900 5913 5924 6205 5906 5904 5840 5845 5903 6205 5920 5919 5844 6028 5837 8000 5904 5834 5841 5800 5838 8050 5928 5802 8060 5935 5836 5901 60005931 5905 6213 6101 6204 5901 6215 6112 6205 5900 6212 5908 5912 5917 6100 5812 6104 5913 5904 6216 6218 5909 6201 6108 5808 6208 6113 6200 5813 6109 6105 6209 8092 8098 8100 1101 8078 1013 8090 6112 812 6200 6116 6104 6108 913 6100 8086 8074 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-016 K Subject Property 500ft Buffer Properties within 500ft 8070 Precinct Line Road Owner Name Owner Address Owner City Owner Zip Situs Address TOV VENTURE LTD 16950 DALLAS PKWY STE 120 DALLAS, TX 75248 8070 PRECINCT LINE RD SL2 SALON SUITES LLC 7600 QUARTERING NORTH RICHLAND HILLS, TX 76182 8080 PRECINCT LINE RD JONES, JERRELL W 11111 ABBEYWOOD OKLAHOMA CITY, OK 73170 8050 PRECINCT LINE RD WILLIAM D SOUDER INVESTMENTS 2729 CRYSTAL RIDGE CIR HURST, TX 76054 8060 PRECINCT LINE RD STANLEY, LARRY J EST 1101 LAVACA TR COLLEYVILLE, TX 76034 1101 LAVACA TR RAVENWOOD DEVELOPMENT LLC 131 QUEST CT KELLER, TX 76248 8078 PRECINCT LINE RD FEGAN, DENNIS J 1303 BELLEFONTE LN COLLEYVILLE, TX 76034 1013 LAVACA TR LINLES PROPERTIES LTD 2601 HIGHLAND MEADOW DR COLLEYVILLE, TX 76034 8090 PRECINCT LINE RD RAVENWOOD DEVELOPMENT LLC 131 QUEST CT KELLER, TX 76248 8086 PRECINCT LINE RD RAVENWOOD DEVELOPMENT LLC 131 QUEST CT KELLER, TX 76248 8074 PRECINCT LINE RD EMERALD PARK ADDITION -COLLEY 5837 CRESCENT COLLEYVILLE, TX 76034 COURTESY NOTICE BRAHMBHATT, PAYAL 957 PARK RIDGE DRIVE ALLEN, TX 75013 APPLICANT KELLER ISD 350 KELLER PKWY KELLER, TX 76248 STATE REQUIRED Public hearing notices were mailed on Friday, May 25, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: ZC18-016 Applicant: Payal Brahmbhatt Owner: Tov Venture, Ltd Location: 8070 Precinct Line Road Property Description: Lot 3, Block 2, of the Lavaca Trail Addition Present Zoning: CC-2 Shopping Center District Request: Consideration of a Special Use Permit for Package Store and Alcoholic Beverage Sales – Off-Premises Consumption. The purpose is to allow for the continued sale of alcohol at the Fossil Creek Liquor store. The SUP request is due to a change of ownership. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, June 11, 2018 at 7:00 p.m. City Council Meetings: Tuesday, July 2, 2018 & Tuesday, July 17, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 500 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within a 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/zoning.html. For additional information, please contact the Community Development Department at 817.503.1052. Please reference the zoning case number when requesting information. Ben Bryner Community Development Director bbryner@colleyville.com ORDINANCE O-18-xxxx AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING ON LOT 3, BLOCK 2 OF THE LAVACA TRAIL ADDITION, LOCATED AT 8070 PRECINCT LINE ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR PACKAGE STORE AND ALCOHOLIC BEVERAGE SALES – OFF-PREMISES CONSUMPTION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for on-premise consumption of alcohol under Case No. ZC18-016; 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 3, Block 2 of the Lavaca Trail Addition, located at 8070 Precinct Line Road, by authorizing a Special Use Permit for Package Store and Alcoholic Beverage Sales – Off- Premises Consumption, as depicted on Exhibit “A” and Exhibit “B”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall only apply to use of a package store and the sale of alcoholic beverages for off-premises consumption. b.The name of the business authorized for on-premise consumption alcohol sales by this Special Use Permit shall be called “Fossil Creek Spirits”. c.The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT 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 2nd day of July 2018. The second reading and public hearing being conducted on the 17th day of July 2018. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt Wyatt City Attorney Exhibit “A” – Zoning Map Exhibit “B” – Aerial Map City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 06/11/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of an amendment to the PUD-C Planned Unit Development-Commercial zoning district to allow for maximum square footage for a restaurant on Lot 1RA2, Block 1, of the Tropicana Fuels Addition, located at 7101 Colleyville Boulevard, Case ZC18-017 Explanation Bradley Mayhall, the applicant, has submitted a request for an Amendment to the PUD- C (Planned Unit Development – Commercial) ordinance in order to allow for an increase to the maximum square footage allowed for a restaurant from 1,500 square feet to 2,400 square feet. The current use of the property is a package store called “Bear Creek Spirits & Wine”. The proposed amendment is for a Domino’s restaurant. Existing Conditions/Background. The subject property is zoned PUD-C and generally located on the east side of Colleyville Boulevard, across from the John McCain Road intersection. The subject property is a platted lot and is the location of “Bear Creek Spirits & Wine”. This site has operated as a Package Store since 2010 under ordinance O-10-1769. Proposed PUD-C Amendment. With the approval of the package store, the PUD-C ordinance allowed for other uses to include ‘restaurant and catering’ use. This use was limited to 1,500 square feet. The applicant is proposing to locate a Domino’s restaurant which will utilize approximately 2,400 square feet of the main building. All other elements of the existing PUD-C ordinance will remain in effect. Analysis. The requested PUD-C amendment is consistent with the previously approved zoning on the subject property and the use is permitted by the zoning. The applicant proposes to operate a restaurant business as allowed at this location. The request is to increase the allowed square footage for the use from 1,500 square feet to 2,400 square feet. Approval of the amendment should not adversely impact surrounding uses or the character of the neighborhood. Surrounding Properties. The surrounding properties are primarily developed as retail and residential uses. The property to the west across Colleyville Boulevard is zoned CC-2 Shopping Center and is undeveloped. The property to the south along SH26 is zoned CC-1 Village Retail and PUD-C Planned Unit Development – Commercial and is undeveloped. The property to the north along Colleyville Boulevard is zoned ML Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 Light Manufacturing and is currently developed as a dry cleaner. The property to the east is zoned PUD-C Planned Unit Development – Commercial and is developed single- family residential. Comprehensive Plan. The City’s comprehensive plan, Destination Colleyville, designates the subject property for commercial development as part of the Colleyville Boulevard commercial corridor. The use of the property as a package store with restaurant use complies with the plan. Public Notification. Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation. Staff recommends approval of the PUD-C amendment to authorize an increase in square footage allowed for restaurant use at 7101 Colleyville Boulevard in the Bear Creek Spirits & Wine location. The proposed Domino’s business is consistent with the allowed uses on the subject property and should not adversely impact surrounding uses. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Building Exhibits 7.Existing PUD-C Ordinance O-10-1769 8.Notification Map 9.Notification List 10.Property Owner Notification Letter 11.Draft Ordinance O-18-XXXX S T I L L P O I N T L A N E D A N I E L L E D R I V E JOHN MCCAIN ROAD C O L L E Y V I L L E B O U L E V A R D 7000 7009 22082204 2306 7109 2302 7001 2303 2213 2201 7131 6918 2217 2301 2209 7004 7204 7398 7207 2050 2212 2300 2205 7208 2304 6914 6930 7204 7131 7131 7200 2217 7203 7171 7200 7101 7111 2200 7015 7137 7137 7135 7131 7135 7201 6950 2050 7100 6916 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-017 K Subject Property 7101 Colleyville Boulevard S T I L L P O I N T L A N E D A N I E L L E D R I V E JOHN MCCAIN ROAD C O L L E Y V I L L E B O U L E V A R D CC-2 PU D-R ML CC-1 PU D-C PU D-C PU D-C PU D-R AG PU D-C 7000 7009 22082204 2306 7109 2302 7001 2303 2213 2201 7131 6918 2217 2301 2209 7004 7204 7398 7207 2050 2212 2300 2205 7208 2304 6914 6930 7204 7131 7131 7200 2217 7203 7171 7200 7101 7111 2200 7015 7137 7137 7135 7131 7135 7201 6950 2050 7100 6916 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-017 K Subject Prop erty 7101 Colleyville Boulevard STILL POINT LANE DANIELLE DRIVE JO H N M C C A I N R O A D COLLE Y V I L L E B O U L E V A R D 7000 7009 22082204 2306 7109 2302 7001 2303 2213 2201 7131 6918 2217 2301 2209 7004 7204 7398 7207 2050 2212 2300 2205 7208 2304 6914 6930 7204 7131 7131 7200 2217 7203 7171 7200 7101 7111 2200 7015 7137 7137 7135 7131 7135 7201 6950 2050 7100 6916 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-017 KSubject Property Sales Tax Preferred Intersection Residential Colleyville Blvd Corridor Open Space; Parks 7101 Colleyville Boulevard Statement of Planning Objective and Business Description Suite A of 7101 Colleyville Blvd. at John McCain Rd. consisting of 2,310 square feet will become the newest Domino’s location for Mark of Excellence Pizza Co., the operating franchise of Domino’s in the Tarrant county area, by December 15, 2018 pending application and permit approvals. Amendment of the current PUD-C for allowable maximum square footage for a restaurant from 1,500 square feet to 2,400 square feet at this location would allow Domino’s to relocate from Ira E. Woods and Pool Rd. in Grapevine and continue to serve Colleyville, S. Southlake and SW Grapevine areas. In its current location the store generated $73,654.31 in sales tax and $2,593.18 in Ad Valorem taxes in 2017. The relocation of the store from Grapevine to Colleyville is expected to generate an estimated 20% increase in YTD sales, from $956,509.22 to $1,147,811.06. The Colleyville Blvd. and John McCain Rd. intersection provides for a safe and easy property ingress and egress with a turn signal from the intersection. The addition of Domino’s to the property will include an estimated increase of 50 customers per day to the location with an additional estimated 65 customers per day opting for delivery from this location, this is in addition to the estimated 330 customers a day visiting the package store, Bear Creek Wine and Spirits, with $27.50 average ring up during the 363 days per year the store is open. The hours of operation as mandated by Domino’s will be 10:30am to 12am Sunday thru Thursday and 10:30am to 1am Friday and Saturday. The store will be closed on Thanksgiving and Christmas days each year. This location will employ as many as 20 employees with at least 3 on staff at all times. Construction of this location will start September 15, 2018 pending permit approval and be completed and open for business by December 15, 2018. Construction of suite A will include closing in the demising wall between Suite A and the warehouse portion of Suite B and the addition of double aluminum and glass store front doors that match the existing store front windows already put in place by the property owner. Nationally branded Domino’s signage will be added to the exterior walls of the building and interior improvements, an additional restroom and expansion of the current restroom to meet ADA regulations, a lobby with seating for 22 customers, new pizza ovens and food storage equipment, including a walk in cooler and separate dry storage and clean up areas. The existing 810 square foot catering kitchen will be removed, the square footage, with the other 1,500 square feet of Statement of Planning Objectives Suite A to allow for production, preparation, storage and support areas for the operation of a Domino’s store. A burglar alarm, fire suppression system over the pizza ovens and security cameras paced through out the suite will be added as well. The pergola located at the front of the building will be closed in with a decorative fence or large platters to separate the parking lot and sidewalks and include outdoor furniture for Domino’s customers utilize while visiting the location. The relocation of the dumpster bay to the southeast corner of the property will allow for the necessary gain of additional parking spaces required for operation of a 2,310 square foot restaurant, bringing the total number of parking spaces to 59 with re-striping. When complete, a 2,310 square foot suite will be a Domino’s, show casing a new and updated concept with ties to the Colleyville community, not just another chain restaurant. Statement of Planning Objectives ZO N I N G E X H I B I T F O R Z O N I N G C H A N E F O R Z O N I N G A M E N D M E N T R E Q U E S T FR O M P U D - C S U P F O R 1 5 0 0 s q . f t . R E S T A U R A N T T O P U D - C S U P 2 4 0 0 s q . f t . RE S T A U R A N T Si t e P l a n NO R T H W E S T E L E V A T I O N - S C A L E : 1 / 8 ” = 1 ’ - 0 “ I S A P P R O X I M A T E A N D F O R R E F E R E N C E O N L Y . 24 ’ - 0 ” 4’-6” Bu i l d i n g E x h i b i t s Bu i l d i n g E x h i b i t s Bu i l d i n g E x h i b i t s ORDINANCE 0-10-1769 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R2, BLOCK 1, OF THE TROPICANA FUELS ADDITION LOCATED AT 7101 COLLEYVILLE BOULEVARD FROM THE ML-LIGHT MANUFACTURING ZONING DISTRICT TO A PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT AND AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; 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. ZC10-020; 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 0-10-1769 Page 2 of 4 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 the official zoning map by changing the zoning from the ML-Light Manufacturing zoning district to aPUDC-Planned Unit Development Commercial zoning district and authorizing a Special Use Permit for a package store on Lot 1 R2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, as depicted on Exhibits "A" and "C" and described in Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for retail uses as specified below. b. A Special Use Permit is hereby granted for a package store as depicted on Exhibit "A" and described in Exhibit "B" and depicted on Exhibit "C". c. In addition to the package store use allowed by Special Use Permit, the following secondary uses shall be permitted as described below: Restaurant and catering: Wholesale warehousing and distribution of liquor: Office/Customer education and training facility: 1,500 square foot maximum 1,328 square foot maximum 1,500 square foot maximum d. The package store and secondary uses authorized by this PUD and Special Use Permit shall not exceed a combined gross floor area of 9,010 square feet. Ordinance 0-10-1769 Page 3 of 4 2. OPEN SPACE AND LANDSCAPING a. This development shall contain a minimum of 21% of open space. b. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 3. SIGNAGE a. All signs advertising the package store shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (3) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty days of abandonment. b. Any drive-through windows associated with this development are hereby prohibited. 4. GENERAL DEVELOPMENT REQUIREMENTS a. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibits "B", "C", and "E". b. The building design for the principle structures shall be generally consistent with elevations shown on the attached Exhibit "D". c. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-10-1769 Page 4 of 4 Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. s~ The first readin and public hearing being conducted on the ~ day of 2010. Th econd eadin and public hearing 2010. being conducted on the ~~ "~ day of ATTEST• y~~~ • nthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" -Location and Zoning Map 7208 7lOS X217207 7204 7~0` 72U3 7200 7171 7200 7151 rfEHJ 41 r^ 71 t~ l~B 7 7 raa4 00~ S ~yC`~N ~ 7011. PUD ~ cv CV 23t 3 '2323J t, A{G 231 PkJD 305 30{y3~J7 7C1U~5 7flQfl 6976 3Q3 2'~U1 G9 Ofl 6974 6910 8995 6907 Exhibit "B" -Statement of Planning Objectives Statement of Planning ClbjectYVes and Brxsiness Description The property anct main building located at 710!1 C'ollezl-ille Boulet^ard at John McCain avi}I become a wine and spirits store by I:>ecenilaer 17_ '010 pending, apglaration and pernrait apgro3,als. Bear Creek Spirits ~ Wine u711 sergrice eon.~umers tiom the i['est side of Golleys~ille anil. putl from Grage~irre; Sauttrlal-e and the surroundingarea- `Ills business wi11 gesrerate an estimated S_~ t';,500 in sales taxes and S6,O+ti2 rr Ad ti'stor~i taxes anal. $35,004 in property taffies during the foot twet4-e month:>. The intersecucm pro~ndes for safe and easy property u~gxess and egress with a turn signal from the intersection of Coliey~ille I3ltizl cSi: Jdhn i4lct aia A c~ehenstia traf~€e sn>dy uwill be ~rn~ided in order tts bet6er determine the trafl"ic impact. The hairiness plan includes an estimated 330 custanaers per day and a $3-~ .l5 a~,erage ring nap during the 310 days peer year the store is open. Tire bolo s t5f operation as mandated by the state mill be: IOam to 9pm 34ionday through Satsucia}~. The store w~il2 be closed on all 5aanda~~s, Thanksgiving. Christmas and I'3ew Years day or the following 4ionday if these }wlida r ~ fall on a Sauaday. The stare sE711 employ as many as ser~rr people ra~-ith three. on stafl'at all trxnes_ Phase. I conshlrcticm will start 47ctober ~5. `?010 pending permits and cemnpteted by I3eceuaber 1 i. 2010. This will inclaule ecmxbrning btuldine 4 and building B as shown on the #Ioor plan by adding a new 7$2sf addition bets{een the Lnutalings. hill ertteaar intpratresnents wilt tae ccmaplet~ed in phase I w3rich iarhade the er~closur-e of tlae front. car wash bay door, adding a beer and wine cc~aier to the bade of the main building, demc~htion ofthe gas axwrag, zeun~al of all. ester for car wash. ec}uipn~rsrt; ad~ng stone on the nerx addition and front of building $ to match building ~, adding as awning. o~~r t~ nexzr door and v4r~ind;xs, a new patio with a wood arbor ~ffi front c+f the new addition between floe t~uldiaagsl and new parking lot stripes with a izai:mmnn of 50 spaces prosided. "'~'lteri phase I is completed. the exterior butdir~ will be as shown irrthe r~etiiced elevation dra u~iu2. Phase I will also include the interior build out. of tlae main building with a temperance c ontrolTed wine cellar; a caastona built tA~aod wine coe=e, tasting bar and a neu~ cash regster cc~turter tcitlx a drop safe. ~ new security system with. ~?~ hour digrtal sun~eillar~e cameras strategically placed throe{ghoul the interior a~i e:cterien- btxildine v~ill be aalcied One rstaIl. sign placed an the front of building B and a mc~latw)ent sagn 1i it l be erected near the property entrance. Gt'hen complete. phase I w=ill proside ~t,32_5sf of retail space. Phase II of tine build out ~ is schedaaled to begin. mil 1.201 l p~endiaag liclaaidation of the car wash eclaaipuUerat and. comp}et ed by July 30, 2011. Interior finish out will begin. rootlet if the car wash. erluipwent is sold prior t ~ ,~1~-il `?011. Plans inchtde Uuildiuv out the intenicsr space between thae two buildings and the interior of the car wash bay wtach will incltxle 1,328sf of storage, I,557sf ofnev: retail space and 1,500sf of office and aneducataon ccmfe:rnce room The dined ware fraata~ rrrhen U~~th phase I sod II are completed wilt be 9,;010 of which. G,132sf will be retail space„ 1,323s~` of storage and 1,504sf for otJ'ice and the education cclnfetence room. N~ imrnedi,~rte plans ar-e in place for a restaurasrt. Future glans may inchxte cornerting the 1.50tOsf office space into a food concelrt that eontplins the wires & spirits s#are such as homey glazed hams„ sruokecl harks} ~ and. deli with part};platters and appetizers_ A sEarall I,D rt-holes.ate btxsiraess for ser~iring local restaurants aa~ bars wi}l be operated ant of the store. Some inventory wilt be stoned. in the 1. ;?8sf back. room w~aich wilt be tared ~ replenish the retail store and searice the an premise accrnants. I7!eliveres wilt be made Dart of the back of a Tahoe with a caatage penult. The bcasarrtess araapy purchase a man far futatre de}ivenies. The operation wilt not require f~'nkifis. Igo s-ta:iilet trn+cks will be allcs+ared iutltebaekoftl~ sty. Exhibit "C" -Landscape and Site Plan t -~--~- f rp~ J , f'~f!£ 3' Vii.. r ~ w. ~, ~ i i 1 ~r, t ~ r U ~ -- '\i\ ~h \ 3I ti. I f -^ 7 t ~ -. m Y f ~ f t-•, l~ ~fter ~ .~ ~, ~~ r I ~s. ,' ~~ o yes ~ r ~ ~ ~,, f:, r ~.~, ,~ "~ "~ . I» ,,.~ ~ ' ~ ''~ 1 - y y 4~ ~\ / ~ ~~~ F.f la. "' 444 ~~ `~`~t ~.. ~ .:~ ~u ..: f " .f ~ `~~ ~, ~;~ ,~ cr ~-` 3 r,II '~,, ~ ". y b 4 9 4 {{ti i r - ~_~ t~C ~ ~ '' f r~~~ y ~~; t\~ I v ~ 3 4 yyy~} S\ w Exhibit "D" -Building Elevations Exhibit "E" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. Height Marker' means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. Manager" means the person designated as the supervisor or person in charge of the operations of the store. Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating aconvenience/package store. Height markers A convenience/package store shall have height markers posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. 6) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a "peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have atime-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high-resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open. C A S P I A N L A N E B R A E M A R T E R M E A D E D R I V E B R O A D O A K W A Y D A N I E L L E D R I V E C O L L I N S P A T H T H A M E S T R A I L J O H N M C C A I N R O A D G L E N V I E W L A N E K E N N E D Y D R I V E S T I L L P O I N T L A N ECOLLEYVILLEBOULEVARD B R O O K E D R I V E Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-017 K Subject Property 200ft Buffer Properties within 200ft 7101 Colleyville Boulevard Owner Name Owner Address Owner City Owner_Zip Situs Address JARWAN, ESAM 2208 DANIELLE DR COLLEYVILLE, TX 76034 2208 DANIELLE DR KUHN, ALYCE 2204 DANIELLE DR COLLEYVILLE, TX 76034 2204 DANIELLE DR CUSTOMER SOLUTIONS INC 906 LAGUNA TR KELLER, TX 76248 7109 COLLEYVILLE BLVD # B THOMAS-AISTRUP, PATRICIA 2201 DANIELLE DR COLLEYVILLE, TX 76034 2201 DANIELLE DR HALE EQUITY LLC 7131 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7131 COLLEYVILLE BLVD UNIT 101 CASTRO, CHRIS 2205 DANIELLE DR COLLEYVILLE, TX 76034 2205 DANIELLE DR PECAN CREEK VILLAGE CNTR PRTN 8231 E PRENTICE AVE GREENWOOD VILLAGE, CO 80111 6930 COLLEYVILLE BLVD QUANTUM BEVERAGE HOLDINGS LLC 7401 BRAEMAR TERR COLLEYVILLE, TX 76034 7101 COLLEYVILLE BLVD UNIQUE LANDSCAPING DESIGN 7111 COLLYVILLE BLVD COLLEYVILLE, TX 76034 7111 COLLEYVILLE BLVD SOLORZANO, KEONA 2200 DANIELLE DR COLLEYVILLE, TX 76034 2200 DANIELLE DR GARDENS COMM PARTNERS LTD 101 NW NEWTON DR BURLESON, TX 76028 7015 COLLEYVILLE BLVD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 6950 COLLEYVILLE BLVD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 7100 COLLEYVILLE BLVD TIMARRON-CASCADES AT TIMARRON 700 WENTWOOD DRIVE SOUTHLAKE, TX 76092 COURTESY NOTICE MAYHALL, BRADLEY 1808 HARWOOD COURT HURST, TX 76054 APPLICANT GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOOD AVE GRAPEVINE, TX 76051 STATE REQUIRED Public hearing notices were mailed on Friday, May 25, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: ZC18-017 Applicant: Bradley Mayhall Owner: Randy Johnson Location: 7101 Colleyville Boulevard Property Description: Lot 1RA2, Block 1, of the Tropicana Fuels Addition Present Zoning: PUD-C Planned Unit Development Commercial Request: Consideration of a request to amend the PUD-C Planned Unit Development Commercial zoning district for Lot 1RA2, Block 1, of the Tropicana Fuels Addition. The purpose is to allow for an increase in the square footage allowed for a restaurant, the restaurant being Domino’s. The proposed amendment will increase the square footage from 1,500 square feet to 2,400 square feet. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, May 14, 2018 at 7:00 p.m. City Council Meetings: Tuesday, June 5, 2018 & Tuesday, June 19, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 500 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/zoning.html. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Ben Bryner Community Development Director bbryner@colleyville.com ORDINANCE O-18-XXXX AMENDING ORDINANCE O-10-1769 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council approved Ordinance O-10-1769 on September 21, 2010, to establish the zoning to allow for a Package Store use and secondary uses to include restaurant and catering, wholesale warehousing and distribution of liquor, and office/customer education and training for Lot 1R2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard; and WHEREAS,the City of Colleyville has received a request for an amendment to Ordinance O-10-1769, under Case Z-18-017; 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; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance 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. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1R2, Block 1, of the Tropicana Fuels Addition, located at 7101 Colleyville Boulevard, from the PUD-C Planned Unit Development-Commercial Zoning District to the PUD- C Planned Unit Development-Commercial Zoning District, as depicted in the attached Exhibit “A”. THAT the above described tract of land shall be subject to the following conditions: 1. General a.The following amendments to Ordinance O-10-1769 are hereby authorized: i.Section 4.1.c of Ordinance O-10-1769 is hereby amended to revise the square footage maximum for the Restaurant and Catering use from 1,500 square feet to 2,400 square feet. ii.Ordinance O-10-1769 herby remains valid and all provisions of Ordinance O-10-1769 shall remain in full force and effect except where amended herein. Sec. 4.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. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2nd day of July 2018. The second reading and public hearing being conducted on the 17th day of July 2018. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 17TH DAY OF JULY 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton Assistant City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt L. Wyatt City Attorney Exhibit “A”- Zoning Map City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3d Agenda Date 06/11/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, located at 105 & 103 John McCain Road and 7189 Cast Iron Forest Trail, Case PC17-004,TABLED FROM THE MAY 14, 2018 MEETING Explanation Update: This item was Tabled to the June 11, 2018 Commission meeting. The applicant was in discussions with the adjacent property owners regarding the needed easement. Item Summary: Kevin Kessler, the applicant, requests approval of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition on approximately 2.20 acres, located at 105 & 103 John McCain Road and 7189 Cast Iron Forest Trail. The applicant proposes to combine and redevelop 2 lots, an old right-of-way area, and an open space lot into 2 single-family residential lots and an open space lot. The old right-of-way area will be abandoned as part of the plat. Existing Conditions/Background: The subject property is currently zoned PUD-R Planned Unit Development – Residential district and is a combination of Lots 1 & 2, Block 1, Neidholt Addition, and old right-of-way area, and Lot 2X, Block E, Old Grove Addition. The property is generally located east of Cast Iron Forest Trail and southwest of John McCain Road as it turns north. The property is currently undeveloped. The plat up for consideration proposes to combine and redevelop the property for future residential development on 2 lots and an open space lot. Lot Dimensions and Setbacks: Per Ordinances O-04-1475, Lot Requirements and Setbacks, the PUD zoning regulations require the following standards: Minimum Lot Area: 13,000 square feet Average Lot Area: 16,000 square feet Minimum Lot Width: 90 feet Minimum Lot Depth: 120 feet Minimum Front Yard Setback: 25 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 2 As submitted, the proposed plat meets all of the requirements of the PUD-R zoning and the Land Development Code. Surrounding Development: The properties to the north, south, and west are zoned PUD-R Planned Unit Development – Residential district and primarily developed with single family homes. The property to the east is zoned R-30 Single Family Residential district and developed with a single family home. There is a large retention/detention pond adjacent to the south. Analysis: The property is located at the northeast side of the Old Grove neighborhood. The PUD-R zoning approved in 2004 originally planned for 4 lots. The proposal has reduced the lot number to 2 lots for single-family residential development. The proposed Final Plat also includes a small open space lot adjacent to an existing Emergency Access Easement and drive lane. Finally, an old right-of-way area is currently unused with no improvements existing. The approval of the Final Plat will include the abandonment of the right-of-way and the area incorporated into the lot area of the proposed area of Lot 1. Fees: Park Land Dedication fees are required in the amount of $1,802 per residential lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: Any subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Public Notification: Staff mailed notices to all property owners within 200 feet of the subject property on Friday, March 23, 2018. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code on Saturday, March 24, 2018. To date, no correspondence has been received for this item. Staff Recommendation: The proposed Final Plat meets the requirements of the Land Development Code, staff recommends approval. Recommendation Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 3 Approve Attachments 1.Request to Table 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Plat Exhibit 6.O-04-1475 7.Notification Map 8.Notification List 9.Property Owner Notification Letter 10.Draft Resolution  %HQ%U\QHU 7R.HVVOHU.HYLQ& 6XEMHFW5(2OG*URYH3KDVH,,3&7DEOHUHTXHVWWR-XQH3 =  &ƌŽŵ͗<ĞƐƐůĞƌ͕<ĞǀŝŶ͘΀ŵĂŝůƚŽ͗΁ ^ĞŶƚ͗tĞĚŶĞƐĚĂLJ͕DĂLJϮ͕ϮϬϭϴϵ͗ϱϴD dŽ͗&Ğůŝdž>ĂŶĚƌLJф&>ĂŶĚƌLJΛĐŽůůĞLJǀŝůůĞ͘ĐŽŵх Đ͗ĞŶƌLJŶĞƌфƌLJŶĞƌΛĐŽůůĞLJǀŝůůĞ͘ĐŽŵх͖DĂŶŶLJZŝŽƐфх͖DŝŬĞŽƐǁĞůůфх͖dĂLJůŽƌ^ĐŚĂƵǁĞĐŬĞƌ фd^ĐŚĂƵǁĞĐŬĞƌΛĐŽůůĞLJǀŝůůĞ͘ĐŽŵх ^ƵďũĞĐƚ͗KůĚ'ƌŽǀĞWŚĂƐĞ//ͲWϭϳͲϬϬϰͲdĂďůĞƌĞƋƵĞƐƚƚŽ:ƵŶĞWΘ  &Ğůŝdž͕  tĞǁŽƵůĚƌĞƐƉĞĐƚĨƵůůLJƌĞƋƵĞƐƚƚŽƚĂďůĞŝƚĞŵWϭϳͲϬϬϰ͕KůĚ'ƌŽǀĞWŚĂƐĞ//ƵŶƚŝůƚŚĞ:ƵŶĞWΘŵĞĞƚŝŶŐ͘tĞĂƌĞŝŶ ĚŝƐĐƵƐƐŝŽŶƐǁŝƚŚƚŚĞĂĚũĂĐĞŶƚƉƌŽƉĞƌƚLJŽǁŶĞƌƐƌĞŐĂƌĚŝŶŐĞĂƐĞŵĞŶƚƐĞƚĐ͘ĂŶĚƚŚĞLJǁŝůůďĞŽƵƚŽĨƚŽǁŶĨŽƌƚŚĞŶĞdžƚĨĞǁ ǁĞĞŬƐ͘tĞǁĂŶƚƚŽĞŶƐƵƌĞƐŝŐŶŝĨŝĐĂŶƚƚŝŵĞƚŽĚŝƐĐƵƐƐŽƉƚŝŽŶƐŽŶĐĞƚŚĞLJĂƌĞďĂĐŬ͘dĂLJůŽƌĂŶĚ/ũƵƐƚƐƉŽŬĞĂďŽƵƚ ĂĚĚŝƚŝŽŶĂůŽƉƚŝŽŶƐƚŚĂƚǁĞĂƌĞƉƵƌƐƵŝŶŐ͘tĞǁŝůůďĞŝŶĐŽŶƚĂĐƚŝŶƚŚĞŶĞdžƚĨĞǁǁĞĞŬƐ͘WůĞĂƐĞĐŽŶƚĂĐƚŵĞŝĨLJŽƵŚĂǀĞĂŶLJ ĂĚĚŝƚŝŽŶĂůƋƵĞƐƚŝŽŶƐŽƌĐŽŵŵĞŶƚƐ͘  <ĞǀŝŶ͘<ĞƐƐůĞƌ͕Wͮ͘͘:ĂĐŽďƐͮWƌŽũĞĐƚDĂŶĂŐĞƌͲ>ĂŶĚĞǀĞůŽƉŵĞŶƚ͕ĂůůĂƐͮͮǁǁǁ͘ũĂĐŽďƐ͘ĐŽŵ   NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. 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Request to Table J O H N M C C A I N R D C A S T I R O N F O R E S T T R L WE S T M O N T D R COMPTON CT HARDY L N COLDEN CT STILLWATER CIR WATERFALL CT HAWKS RIDGE TRL 203 101 7204 105 200 101 205 201 109 7212 6905 113 216 105 206 213 104 209 108 201 105 207 200 7215 108 201 202 100204208 109 208 101 204 7105 103 200 213 217 204 105 104 7189 213 212 210 104 7001 101 217 208 205 6901 7109 209 205 7215 100 7209 117 317 212 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC17-004 K Subject Property 105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl J O H N M C C A I N R D C A S T I R O N F O R E S T T R L WE S T M O N T D R COMPTON CT HARDY L N COLDEN CT STILLWATER CIR WATERFALL CT HAWKS RIDGE TRL R-30 R-20 AG R-40 PUD-R PUD-R PUD-R AG 203 101 7204 105 200 101 205 201 109 7212 6905 113 216 105 206 213 104 209 108 201 105 207 200 7215 108 201 202 100204208 109 208 101 204 7105 103 200 213 217 204 105 104 7189 213 212 210 104 7001 101 217 208 205 6901 7109 209 205 7215 100 7209 117 317 212 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC17-004 K Subject Property 105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl J O H N M C C A I N R D C A S T I R O N F O R E S T T R L WE S T M O N T D R COMPTON CT HARDY L N COLDEN CT STILLWATER CIR WATERFALL CT HAWKS RIDGE TRL 203 101 7204 105 200 101 205 201 109 7212 6905 113 216 105 206 213 104 209 108 201 105 207 200 7215 108 201 202 100204208 109 208 101 204 7105 103 200 213 217 204 105 104 7189 213 212 210 104 7001 101 217 208 205 6901 7109 209 205 7215 100 7209 117 317 212 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC17-004 K Subject Property 105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl Pl a t E x h i b i t RIVER P A T H J O H N M C C A I N R D VA N G U A R D C T W E S T M O N T D R COMPTON CT COLDEN CT OLD G R O V E R D S T I L L W A T E R C IR FREMONT CT HI L L I E R C T B R O A D W O O D L N E V E N TI D E W A Y HAVERHILL LN W I N D S W E P T T R L HARDY LN WATERFALL CT HAWKS R I D G E T R L PR O V I D E N C E R D C A S T I R O N F O R E S T T R L 7301 7204 203 409401 101 206 309 500 116 7204 6808 7104 7213 6711 105 405 7301 200 7108 401 101 205 321 512 200 201 109 221 217 7212 6905 113 301 7100 504 216 413 400 105 205 206 6809 213 104 209 108 108 101 404 7208 202 7109 6810 408 201 105 7300 207 6813 200 200 7304 305 225 421 108 201 204 202 100204208 204 109 7207 6813 109 412 7209 412 208 101 505 501 204 224 7105 7300 103 200 213 508 6817 7201 6901 300 6812 304 213 217 7301 509 221 6809 204 105 209 513 105205 220 104 6818 417 216 6714 6801 7189 6804 7205 508 7205 2056800 213 308 6712 6799 6805 212 304 301 240 516 207 6817 7200 210 240 203 7208 212 7105 201 305 425 104 220 7212 7001 409 6822 6801 101 408 517 100 217 313 512 405 6814 208 504 501 205 7201 6901 201 7109 209 6806 404 208 6799240 205 7215 301 100 7209 117 317 104 305 6901 6805 212 6802 6809 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC17-004 K Subject Property 200ft Buffer Properties within 200ft 105 & 103 John McCain Rd and 7189 Cast Iron Forest Trl Owner Name Owner Address Owner City Owner Zip Situs Address JOHNSON, MARK 203 COLDEN CT COLLEYVILLE, TX 76034 203 COLDEN CT BATTLES, BRANDON 101 JOHN MCCAIN RD COLLEYVILLE, TX 76034 101 JOHN MCCAIN RD TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 105 STILLWATER CIR ALLEN, LEROY 101 STILLLWATER CIR COLLEYVILLE, TX 76034 101 STILLWATER CIR TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 105 JOHN MCCAIN RD FREIG, JOSE 104 HAWKS RIDGE TRL COLLEYVILLE, TX 76034 104 HAWKS RIDGE TR BOLTON, JONATHON 202 COLDEN CT COLLEYVILLE, TX 76034 202 COLDEN CT HA, THANH THUC 100 HAWKS RIDGE TR COLLEYVILLE, TX 76034 100 HAWKS RIDGE TR LAW, JAMES 109 STILLWATER CIR COLLEYVILLE, TX 76034 109 STILLWATER CIR RAU, SUSAN 7105 CAST IRON FOREST TRL COLLEYVILLE, TX 76034 7105 CAST IRON FOREST TR TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 103 JOHN MCCAIN RD ALLEN, CARL E 200 COMPTON CT COLLEYVILLE, TX 76034 200 COMPTON CT KELLY, JOHN 105 WATERFALL CT COLLEYVILLE, TX 76034 105 WATERFALL CT CLARK, EDWARD D 104 WATERFALL CT COLLEYVILLE, TX 76034 104 WATERFALL CT TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 7189 CAST IRON FOREST TR HIGHTOWER, ROXANNE S 104 JOHN MCCAIN RD COLLEYVILLE, TX 76034 104 JOHN MCCAIN RD ETTA, ANITA B 101 WATERFALL CT COLLEYVILLE, TX 76034 101 WATERFALL CT OLD GROVE MAINTENENCE ASSN 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 6901 CAST IRON FOREST TR RIACH, STEVEN E 7109 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7109 JOHN MCCAIN RD DAWSON, WESLEY 406 PECAN DR IRVING, TX 75061 7215 JOHN MCCAIN RD WESTMAN, GARY A 2812 COTSWOLD CT KELLER, TX 76248 100 WATERFALL CT OLD GROVE MAINTENENCE ASSN 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 317 OLD GROVE RD OLD GROVE ADDITION P.O. Box 1481 COLLEYVILLE, TX 76034 COURTESY NOTICE WESTMONT ADDITION 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE KELLER ISD 350 KELLER PARKWAY KELLER, TX 76248 STATE REQUIRED GRAPEVINE-COLLEYVILLE ISD 3051 IRA E. WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED KESSLER, KEVIN 1999 BRYAN STREET, SUITE 1200 DALLAS, TX 75201 APPLICANT Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: PC17-004 Owner: Toll Dallas TX LLC Applicant: Kevin Kessler Location: 105 & 103 John McCain and 7189 Cast Iron Forest Trail Property Description: Lots 1 and 2, Block 1, of the Neidholt Addition, Lot 2X, Block E, of the Old Grove Addition, and existing dedicated Right of Way Present Zoning: PUD-R Planned Unit Development Residential District Request: Consideration of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, located at 105 & 103 John McCain Road and 7189 Cast Iron Forest Trail. The purpose of the plat is to combine the 3 properties into 2 Single Family Residential lots and 1 open space lot. The City of Colleyville has scheduled public hearings concernin g the above referenced request on the following dates and location: Planning and Zoning Commission Mee ting: Monday, April 9, 2018 at 7:00 p.m. City Council Meeting: Tuesday, May 1, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real pr operty within 200 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 500 feet. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request . The application is on file for public examination in the Community Development Department at 100 Ma in Street, Colleyville, Texas. A brief project description can be found onl ine on the Active Development Case map: https://www.colleyville.com/zoning.html. For additional information, please contact the Community Develo pment Department at 817.503.1056. Please reference the zoning case number when requesting information. Felix Landry Principal Planner flandry@colleyville.com RESOLUTION R-18-XXXX A RESOLUTION APPROVING A FINAL PLAT FOR LOTS 1, 2, AND 3X, BLOCK 1, OF THE OLD GROVE ADDITION, PHASE II WHEREAS,the Planning and Zoning Commission recommended approval of the Final Plat for Lots 1, 2, & 3X, Block 1, of the Old Grove Addition, Phase II on April 9, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Final Plat for Lots 1, 2, & 3X, Block 1, of the Old Grove Addition, Phase II on approximately 2.20 acres, attached as Exhibit “A" - Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 2ND DAY OF JUNE 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 3, Kathy Wheat Place 6, Mike Taylor Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton Assistant City Secretary Mayor Exhibit “A” - Plat Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3e Agenda Date 06/11/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the AG Agricultural zoning district to the CC-1 Village Retail zoning district and a Special Use Permit (SUP) for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC18-001, TABLED FROM THE MAY 14, 2018 MEETING Explanation UPDATE: The Planning & Zoning Commission tabled this item to the June 11, 2018 meeting. The Commission identified several concerns at the previous meeting that they wanted addressed, to include: Improvements to the ditch along the eastern boundary – maybe needs to be cleaned out or improved Better silt fencing or measures to control erosion Drainage – to include information on the planned detention pond area Working with the Broughton neighborhood to clean out the pond due to increased erosion from the cemetery site Indicating a distance/buffer area from the grave sites to the eastern property line Remedy to eliminate the spoils yard Appropriate fencing and landscaping along Hall Johnson Road The applicant has submitted an email with clarification and proposed courses of action regarding these issues. Request: Michael Green, on behalf of Bluebonnet Hills Funeral Home and Cemetery, submitted a request for a zoning change from AG Agricultural to CC-1 Village Retail district and a request for a Special Use Permit (SUP) for ‘Cemeteries or Mausoleums’ at 5713 Colleyville Boulevard. The applicant recently began making improvements for the expansion of the cemetery use. Existing Zoning and Development Conditions. The eastern 25.69 acres of the overall property is zoned AG Agricultural. The applicant is expanding the cemetery use into the remaining undeveloped area. According to the Land Development Code, a cemetery use requires an SUP and a commercial zoning. Surrounding Properties. The property to the west is part of the Bluebonnet Hills cemetery use and is zoned CC-1 Village Retail with an SUP for the cemetery use. The adjacent property to the north is zoned CC-2 Shopping Center and is developed as the Planning and Zoning Commission Agenda Briefing 3e City of Colleyville Page 2 Bob Moore Sports Center. The adjacent property to the east is zoned PUD-R Planned Unit Development-Residential and is developed as a single-family residential subdivision. Master Plan. The Future Land Use Map designates this property for Institutional use. The use of the property as a cemetery or mausoleum complies with the plan with the approval of an SUP. Analysis. The Bluebonnet Hills Cemetery has been operation on the subject property for some time. The recent expansion into the far eastern portion of the property has uncovered the zoning deficiency. The approval of the zoning change and associated SUP will allow for the expansion and operation of the cemetery use. As part of any SUP, conditions may be imposed to ensure compatibility and harmony with surrounding properties. This may include specific regulations pertaining to landscaping and fencing along street frontages and/or along property lines adjacent to residential development. A substantial tree line currently exists along the eastern boundary. Public Notification. Staff notified property owners within 200 feet of the subject property regarding this request and 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 this request to date. Summary & Staff Recommendation. The applicant is requesting the zoning change and associated SUP so that the expansion and operation of the cemetery use can be in compliance with the Land Development Code. Staff recommends approval. Recommendation Approve Attachments 1.Applicant's Response To Concerns 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Statement of Planning Objectives 6.Zoning Exhibit 7.Notification Map 8.Notification List 9.Property Owner Notification 10.Letter of Opposition 11.Draft Ordinance  %HQ%U\QHU 7R0LNH*UHHQ 6XEMHFW5(HPDLOWR+2$SOHDVHUHYLHZDQGHGLWDVQHFHVVDU\ &ƌŽŵ͗Η,ĂůĨŵĂŶŶ͕:ŽŚŶΗ  ĂƚĞ͗DĂLJϭϲ͕ϮϬϭϴĂƚϱ͗ϰϯ͗ϱϲDd dŽ͗ΗĞtĂLJŶĞΛΗфх Đ͗Η,ĂůĨŵĂŶŶ͕:ŽŚŶΗ  ^ƵďũĞĐƚ͗ůƵĞďŽŶŶĞƚ,ŝůůƐʹƌŽƵŐŚƚŽŶ/ƐƐƵĞƐ  ĞtĂLJŶĞ͕ /ĂƉƉƌĞĐŝĂƚĞLJŽƵƌƉĂƚŝĞŶĐĞǁŚŝůĞǁĞĐŽŶƚŝŶƵĞƚŽǁŽƌŬŽƵƚƚŚĞĐŽŶĐĞƌŶƐŽĨďŽƚŚ ƌŽƵŐŚƚŽŶĂŶĚůƵĞďŽŶŶĞƚ͘ dŚĞDĂƌŬĞƚŝƌĞĐƚŽƌ͕ĞŵĞƚĞƌLJĞǀĞůŽƉŵĞŶƚdĞĂŵĂůŽŶŐǁŝƚŚDŝŬĞ'ƌĞĞŶĂŶĚ>ƵŝƐ ĂƌƌĞƌĂŚĂǀĞďĞĞŶĚŝůŝŐĞŶƚůLJǁŽƌŬŝŶŐƚŽŐĞƚŚĞƌƚŽƉƌĞƉĂƌĞĂƌĞƐƉŽŶƐĞƚŽƚŚĞĐŽŶĐĞƌŶƐ ĚŝƐĐƵƐƐĞĚĂƚŽƵƌůĂƐƚŵĞĞƚŝŶŐ͘ >ŝƐƚĞĚďĞůŽǁŝƐƌĞƐŽůƵƚŝŽŶƐƚŽƚŚĞĐŽŶĐĞƌŶƐLJŽƵĂŶĚƚŚĞ,KĐŽŵŵŝƚƚĞĞĂŶĚŵLJƐĞůĨ ƌĞĐĞŶƚůLJĚŝƐĐƵƐƐĞĚ͘ ůƐŽůŝƐƚĞĚŝƐƌĞƐŽůƵƚŝŽŶƐƚŽĐŽŶĐĞƌŶƐƚŚĂƚǁĂƐŶŽƚĚŝƐĐƵƐƐĞĚǁŝƚŚƚŚĞƌŽƵŐŚƚŽŶ,K ďƵƚǁĂƐďƌŽƵŐŚƚĨŽƌǁĂƌĚƚŽƚŚĞĐŝƚLJďLJƚŚĞ,KĂĐƌŽƐƐƚŚĞƐƚƌĞĞƚ͘  dŚĞĨŽůůŽǁŝŶŐŝƐĂůƐŽďĞŝŶŐĨŽƌǁĂƌĚƚŽĞŶĂŶĚdĂLJůŽƌǁŝƚŚƚŚĞĐŝƚLJĨŽƌƚŚĞŝƌƌĞǀŝĞǁĂƐ ǁĞůů͘ /ƚƌƵƐƚǁĞǁŝůůŶĞĞĚƚŽƐĞƚƵƉĂŶŽƚŚĞƌŵĞĞƚŝŶŐǁŝƚŚLJŽƵƌĞƉƌĞƐĞŶƚŝŶŐƚŚĞ,KƚŽ ĚŝƐĐƵƐƐŵŽǀŝŶŐĨŽƌǁĂƌĚǁŝƚŚŐĞƚƚŝŶŐĂůůƚŚĞĐŽŶĐĞƌŶƐƌĞƐŽůǀĞĚ͘ dŚĂŶŬƐĨŽƌLJŽƵƌŚĞůƉ͕ :ŽŚŶ tĞǁŝůůŽĨĨĞƌƚŽƉĂLJƚŚĞ,KΨϭϬ͕ϬϬϬƚŽǁĂƌĚƐƚŚĞĚƌĞĚŐŝŶŐĐŽƐƚ͘dŚŝƐŚĂƐ ŶĞǀĞƌďĞĞŶĚƌĞĚŐĞĚŝŶϭϱLJĞĂƌƐĂŶĚǁĞĚŽŶŽƚŬŶŽǁŚŽǁŵƵĐŚƐŝůƚŚĂƐĐŽŵĞ ĨƌŽŵƚŚĞƌŽƵŐŚƚŽŶƐƵďĚŝǀŝƐŝŽŶǁŚŝĐŚŝƐĂůĂƌŐĞĂƌĞĂĂŶĚǁĂƐƵŶĚĞƌŐŽŝŶŐLJĞĂƌƐ ŽĨĐŽŶƐƚƌƵĐƚŝŽŶǁŝƚŚĞdžƉŽƐĞĚƌĞƐŝĚĞŶƚŝĂůůŽƚƐ͕ĞƚĐ͙͘dŚĞƌŽƵŐŚƚŽŶƐƵďĚŝǀŝƐŝŽŶ ĂƌĞĂĐŽŶƚƌŝďƵƚŝŶŐƚŽƚŚĞƉŽŶĚŝƐϱϱĂĐƌĞƐ͕ŽƚŚĞƌŽĨĨƐŝƚĞĂƌĞĂƐĐŽŶƚƌŝďƵƚĞϭϭ͘ϳϳ ĂĐƌĞƐ͕,&,ĂƌĞĂĐŽŶƚƌŝďƵƚĞƐϭϬ͘ϮϱĂĐƌĞƐ͘dŚŝƐƉƵƚ,&,Ăƚϭϯ͘ϱйŽĨƚŚĞƚŽƚĂů ĂƌĞĂ͘ƚĂĐŽŶƚƌŝďƵƚŝŽŶŽĨΨϭϬ͕ϬϬϬ͕,&,ŝƐĂƚĂůŵŽƐƚϮϱйŽĨƚŚĞĞƐƚŝŵĂƚĞĚ ĐŽƐƚ͘tĞĚŽŶŽƚĂŶƚŝĐŝƉĂƚĞƚŚĂƚǁĞǁŝůůďĞĐŽŶƚƌŝďƵƚŝŶŐƐŝůƚŽĨĨƐŝƚĞŝŶƚŚĞĨƵƚƵƌĞ ǁŝƚŚƚŚĞƐƚĂďŝůŝnjĂƚŝŽŶŽĨŽƵƌƉƌŽƉĞƌƚLJ͘ tĞǁŝůůƌĞŐƌĂĚĞĂŶĚƌĞďƵŝůĚƚŚĞĞdžŝƐƚŝŶŐƐǁĂůĞŽŶŽƵƌĞĂƐƚĞƌŶƉƌŽƉĞƌƚLJůŝŶĞ ƚŚĂƚĚƌĂŝŶƐƚŚĞĞdžŝƐƚŝŶŐĚƌĂŝŶĂŐĞĂƌĞĂͲϮϭŽŶƚŚĞKǀĞƌĂůůƌĂŝŶĂŐĞWůĂŶ ĂďŽǀĞ͘dŚĞƐǁĂůĞǁŝůůďĞůŝŶĞĚĂŶĚƌĞĐŽŶƐƚƌƵĐƚĞĚŝŶĂŵĂŶŶĞƌƚŽŝŶƐƵƌĞŶŽŽǀĞƌ ƐƉŝůůĂĐƌŽƐƐƚŚĞƉƌŽƉĞƌƚLJůŝŶĞĞdžĐĞƉƚĂƚƚŚĞƉŽŝŶƚǁŚĞƌĞŝƚŝŶƚĞƌĐĞƉƚƐĂŶĚĚƌĂŝŶƐ ŝŶƚŽƚŚĞƐǁĂůĞŽŶƚŚĞƐƵďĚŝǀŝƐŝŽŶƐŝĚĞŽĨƚŚĞW>ƚŚĂƚƌƵŶƐƚŽƚŚĞĚĞƚĞŶƚŝŽŶďĂƐŝŶ͘ tĞǁŝůůƐƚĂďŝůŝnjĞƚŚĞĂƌĞĂĚƌĂŝŶŝŶŐŝŶƚŽƚŚŝƐƐǁĂůĞƐŽƚŚĂƚŝƚǁŝůůŶŽƚŐĞŶĞƌĂƚĞƐŝůƚ ĂŶĚĐĂƌƌLJƚŚŝƐƐŝůƚŝŶƚŽƚŚĞŝƌƉƌŽƉĞƌƚLJĂŶĚďĂƐŝŶ͘ dŚĞĚƌĂŝŶĂŐĞĨƌŽŵĚƌĂŝŶĂŐĞĂƌĞĂͲϱĂŶĚͲϭϭǁŝůůĐŽŶƚŝŶƵĞƚŽĚƌĂŝŶƚŽƚŚĞ ĞĂƐƚĂƐĚĞƐŝŐŶĞĚŝŶƚŚĞŽƌŝŐŝŶĂůƌŽƵŐŚƚŽŶƐƵďĚŝǀŝƐŝŽŶƉůĂŶƐǁŚŝĐŚĂĐĐĞƉƚĞĚĂůů ŽĨƚŚŝƐĚƌĂŝŶĂŐĞǁĂƚĞƌ͘tĞǁŝůůŶĞĞĚƚŽŵĂŬĞƐƵƌĞƚŚŝƐĂƌĞĂŝƐƐƚĂďŝůŝnjĞĚƐŽƚŚĞ ĚƌĂŝŶĂŐĞŝƐŶŽƚƐŝůƚůĂĚĞŶ Applicant's Response to Concerns  tĞǁŝůůƐƚĂďŝůŝnjĞƚŚĞƌĞŵĂŝŶŝŶŐŐĂƌĚĞŶĂƌĞĂƵƉƚŽƚŚĞĨĞŶĐĞůŝŶĞǁŝƚŚƐŽĚƐŽ ƚŚĂƚǁĞĐĂŶƌĞŵŽǀĞƚŚĞƐŝůƚĨĞŶĐĞĂůŽŶŐƚŚŝƐĂƌĞĂ͘ tĞǁŝůůŶŽƚďĞďƵŝůĚŝŶŐĂĚĞƚĞŶƚŝŽŶƉŽŶĚŽŶŽƵƌƉƌŽƉĞƌƚLJ͘ĐĐŽƌĚŝŶŐƚŽƚŚĞ KǀĞƌĂůůƌĂŝŶĂŐĞWůĂŶƉƌĞƉĂƌĞĚďLJĂƌƌĞƌĂĂƐƐŽĐŝĂƚĞƐ͕ǁĞĂƌĞŶŽƚĚƌĂŝŶŝŶŐĂŶLJ ŵŽƌĞǁĂƚĞƌƉŽƐƚĚĞǀĞůŽƉŵĞŶƚĐŽŵƉůĞƚŝŽŶŝŶƚŚĞĨƵƚƵƌĞƚŚĂŶƚŚĞƌŽƵŐŚƚŽŶ ƐƵďĚŝǀŝƐŝŽŶĚƌĂŝŶĂŐĞƉůĂŶƐǁĞƌĞŽƌŝŐŝŶĂůůLJĚĞƐŝŐŶĞĚƚŽĂĐĐŽŵŵŽĚĂƚĞĨƌŽŵŽƵƌ ƉƌŽƉĞƌƚLJ͘dĂLJůŽƌ^ĐŚĂƵǁĞĐŬĞƌĂƚƚŚĞŝƚLJŽĨŽůůĞLJǀŝůůĞĐŽŶĐƵƌƐǁŝƚŚƚŚĂƚ ĂŶĂůLJƐŝƐ͘dŚĞŽƌŝŐŝŶĂůƌŽƵŐŚƚŽŶ^ƵďĚŝǀŝƐŝŽŶƉůĂŶĂŶƚŝĐŝƉĂƚĞĚĂĐĐĞƉƚŝŶŐĂŵƵĐŚ ůĂƌŐĞƌĂƌĞĂŽĨĐĞŵĞƚĞƌLJĚƌĂŝŶĂŐĞŽŶƚŽƚŚĞƌŽƵŐŚƚŽŶƉƌŽƉĞƌƚLJƚŚĂŶŚĂƐĂĐƚƵĂůůLJ ŽĐĐƵƌƌĞĚ͘ >ƵŝƐĂƌƌĞƌĂŚĂƐƌĞǀŝĞǁĞĚƚŚĞ<ĞLJƐƚŽŶĞǁĂůůĂůŽŶŐ,Ăůů:ŽŚŶƐŽŶĂŶĚŚĂƐ ƐƚĂƚĞĚƚŚĂƚŝƚŝƐƉĞƌĨŽƌŵŝŶŐĂƐĞdžƉĞĐƚĞĚ͘ƐƚŚĞƐŽĚĂďŽǀĞƚŚĞǁĂůůĐŽŶƚŝŶƵĞƐƚŽ ƐƚĂďŝůŝnjĞĂŶLJŵŝŶŽƌƐŝůƚǁŝůůƐƵďƐŝĚĞ͘dŚĞǁĂƚĞƌĐŽŵŝŶŐ ƚŚƌŽƵŐŚƚŚĞĞdžŝƐƚŝŶŐǁĂůůŝƐĂƐĚĞƐŝŐŶĞĚĂŶĚŚĂƐďĞĞŶĚŽŝŶŐƐŽĨŽƌŵĂŶLJLJĞĂƌƐ͘ tĞĂƌĞƉƌŽƉŽƐŝŶŐŽŶĞƌŽĂĚƵƉŝŶƚŽƚŚŝƐƵŶĚĞǀĞůŽƉĞĚĂƌĞĂĂƐƐŚŽǁŶŽŶƚŚĞ DĂƐƚĞƌWůĂŶĂŶĚƚŚĞǁĂƚĞƌƌƵŶŽĨĨĂƐƐŽĐŝĂƚĞĚǁŝƚŚŝƚŚĂƐďĞĞŶĨĂĐƚŽƌĞĚŝŶƚŽƚŚĞ ĐĂůĐƵůĂƚŝŽŶƐĨŽƌƚŚĞKǀĞƌĂůůƌĂŝŶĂŐĞWůĂŶ͘/ƚǁŝůůŶŽƚĂĚĚƚŽƚŚĞĚƌĂŝŶĂŐĞ ǀŽůƵŵĞƐĂůƌĞĂĚLJĐĂůĐƵůĂƚĞĚŝŶƚŽƚŚĞƌŽƵŐŚƚŽŶŝŶƚĞƌŶĂůĚƌĂŝŶĂŐĞĚĞƐŝŐŶ͘ tĞǁŝůůŝŶƐƚĂůůĂĚĞĐŽƌĂƚŝǀĞƚƵďƵůĂƌƐƚĞĞůĨĞŶĐĞĂůŽŶŐ,Ăůů:ŽŚŶƐŽŶĂĚũĂĐĞŶƚƚŽ ƚŚĞŶĞǁŐĂƌĚĞŶĂƌĞĂ͘/ŶƚŚĞĨƵƚƵƌĞǁĞǁŝůůĐŽŶƐŝĚĞƌƚŚĞƌĞƉůĂĐĞŵĞŶƚŽĨƚŚĞ ƌĞŵĂŝŶŝŶŐĞdžŝƐƚŝŶŐĨĞŶĐŝŶŐĂůŽŶŐ,Ăůů:ŽŚŶƐŽŶǁŝƚŚƚŚĞƐĂŵĞŬŝŶĚŽĨĨĞŶĐĞ͘͘ dŚĞŝŶƚĞƌŶĂůƚƵƌĨĐĞŵĞƚĞƌLJŐƌŽƵŶĚǁŝƚŚƚƌĞĞƉůĂŶƚŝŶŐǁŝůůďĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞ ĞdžŝƐƚŝŶŐƐĞĐƚŝŽŶƐĂůŽŶŐ,Ăůů:ŽŚŶƐŽŶ͘ tĞǁŝůůĂŐƌĞĞƚŽĂŐƌĂǀĞƐĞƚďĂĐŬŽĨϭϬĨĞĞƚĂůŽŶŐƚŚĞƉŽƌƚŝŽŶŽĨŽƵƌĞĂƐƚĞƌŶ ƉƌŽƉĞƌƚLJůŝŶĞĚŝƌĞĐƚůLJĂĚũĂĐĞŶƚƚŽƚŚĞƌŽƵŐŚƚŽŶ,ŽŵĞƐ͘dŚĞƌĞŵĂŝŶĚĞƌŽĨƚŚĞ ƉƌŽƉĞƌƚLJďŽƵŶĚĂƌLJǁŝůůŚĂǀĞŶŽƐĞƚďĂĐŬĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞƌĞƐƚŽĨƚŚĞ ĐĞŵĞƚĞƌLJ͘  John Halfmann General Manager Bluebonnet Hills Funeral Home and Memorial Park 817.498.5894      Applicant's Response to Concerns GA TE H O US E C T CA M DE NCT C O V E N T R Y C T H AL L J O H N S O N R D MIRA MA R LN CAMDEN GRN B R O U G H T O N D R 5608 5616 1805 1812 1804 1816 1804 1905 1821 1808 1801 1813 1821 5713 1829 1901 1801 1804 1817 1901 1800 1813 5709 1700 1820 1801 1704 1805 5608 5606 1809 1808 1900 1809 1705 1712 1817 1601 1601 1800 1900 1813 1901 5713 1805 1800 1701 1809 1716 1812 1829 5713 1708 1829 1801 1805 1829 1829 19001800 1900 1709 1812 5700 1513 1713 5612 6113 5801 5801 5801 1809 1808 1800 5707 5607 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-001 K Subject Prop erty 5713 Colleyville Blvd G A T E H O U S E CO UR T H A LL J O H N S O N R O A D CA M DE N G R E EN B R O U G H T O N D R I V E AG AG PU D-R R-20 CC-1 CC-2 CC-2 ML PU D-R AGAG AG 5608 5616 1805 1812 1804 1816 5604 1804 1905 1821 1808 1801 1813 1821 1501 5713 1801 1804 1817 1700 1800 1813 1700 1820 1801 1704 1805 5608 5606 1809 1808 1809 1705 1712 1712 1817 1601 1601 1800 1813 5713 1805 1800 1701 1809 1716 1812 1829 5713 1708 1829 1801 1805 1829 1829 1800 1709 1812 5700 1513 1713 5612 1708 6113 1809 1808 1704 1800 5607 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-001 K Su bject Pro perty 5713 Colleyville Blvd H A L L J O H N S O N R O A D G A T E H O U S E CO UR T CA M DE N G R E EN 5608 5616 1812 1804 1816 1804 1808 1801 5713 1801 1804 1817 1800 1700 1801 1704 1805 5608 1809 1808 1705 1712 1601 1601 1800 1813 5713 1805 1800 1701 1809 1716 1829 5713 1708 1805 1829 1829 1800 1709 5700 1513 1713 5612 6113 1809 1808 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-001 KSubject Property Residential Institutional Colleyville Blvd Corridor Open Space; Parks 5713 Colleyville Blvd Statement of Planning Objectives GA TE H O US E C T H A L L J O H N SO N R D MIRAMARLN C O V E N T R Y C T CAMDEN GRN B R O U G H T O N D R 5608 5616 1805 1812 1804 1816 1804 1905 1821 1808 1801 1813 1821 1501 5713 1801 1804 1817 1800 1813 1700 1820 1801 1704 1805 5608 1809 1808 1809 1705 1712 1817 1601 1601 1800 1813 5713 1805 1800 1701 1809 1716 1812 1829 5713 1708 1829 1801 1805 1829 1829 1800 1709 1812 5700 1513 1713 5612 6113 1809 1808 1800 5607 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-001 K Subject Prop erty 200ft Buffer Properties within 20 0ft 5713 Colleyville Blvd Owner Name Owner Address Owner City Owner Zip Situs Address COLLIER, CHARLIE G 5616 COVENTRY CT COLLEYVILLE, TX 76034 5616 COVENTRY CT MITCHELL, MICHAEL 1804 ARRINGTON GREEN COLLEYVILLE, TX 76034 1804 ARRINGTON GREEN WADE, DANIEL 1804 STRATTON GRN COLLEYVILLE, TX 76034 1804 STRATTON GREEN TEXADA, RICKY 1801 ARRINGTON GREEN COLLEYVILLE, TX 76034 1801 ARRINGTON GREEN BLUEBONNET HILLS CEMETARY PO BOX 367 COLLEYVILLE, TX 76034 5713 COLLEYVILLE BLVD TERRY DAVID & PENELOPE D JOINT 1801 CAMDEN GREEN COLLEYVILLE, TX 76034 1801 CAMDEN GREEN SULZER, STEFAN R 1804 CAMDEN GRN COLLEYVILLE, TX 76034 1804 CAMDEN GREEN USSERY, MICHAEL J 1800 ARRINGTON GRN COLLEYVILLE, TX 76034 1800 ARRINGTON GREEN SWAIM, SHELLY 1700 GATEHOUSE CT COLLEYVILLE, TX 76034 1700 GATEHOUSE CT KELLEY, BRENT A 1801 STRATTON GRN COLLEYVILLE, TX 76034 1801 STRATTON GREEN AL-SHMAISANI, ISSAM 5608 NORMANDY DR COLLEYVILLE, TX 76034 5700 NORMANDY DR BLUEBONNET HILLS CEMETERY PO BOX 11250 NEW ORLEANS, LA 70181 5713 COLLEYVILLE BLVD BLUEBONNET HILLS CEMETERY PO BOX 130548 HOUSTON, TX 77219 5713 COLLEYVILLE BLVD BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1800 BROUGHTON DR BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1800 BROUGHTON DR BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1800 BROUGHTON DR BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1829 CAMDEN GREEN BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1829 STRATTON GREEN BOUGHTON MAINTENANCE ASSOCIATION 1800 PRESTON PARK BLVD STE 101 PLANO, TX 75093 1829 ARRINGTON GREEN BOYD, LARRY G PO BOX 279 COLLEYVILLE, TX 76034 1805 ARRINGTON GREEN CASEY, ROBERT E 1805 STRATTON GRN COLLEYVILLE, TX 76034 1805 STRATTON GREEN COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1601 HALL JOHNSON RD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1601 HALL JOHNSON RD DIXON, DAVID 1800 STRATTON GRN COLLEYVILLE, TX 76034 1800 STRATTON GREEN GLASSCOCK, D L 1708 GATEHOUSE CT COLLEYVILLE, TX 76034 1708 GATEHOUSE CT HEIDEL, RUTH V 1712 GATEHOUSE CT COLLEYVILLE, TX 76034 1712 GATEHOUSE CT MILLER, DENNIS 1800 CAMDEN GRN COLLEYVILLE, TX 76034 1800 CAMDEN GREEN MOORE, BOBBY FAMILY LTD PRTN 6113 COLLYVILLE BLVD COLLEYVILLE, TX 76034 6113 COLLEYVILLE BLVD RUCKER, RICHARD B 1704 GATEHOUSE CT COLLEYVILLE, TX 76034 1704 GATEHOUSE CT RUSSELL, REX 1805 CAMDEN GRN COLLEYVILLE, TX 76034 1805 CAMDEN GREEN SINUNU, STEPHEN A 1813 CAMDEN GRN COLLEYVILLE, TX 76034 1813 CAMDEN GREEN SMART, BROOKE 1809 CAMDEN GRN COLLEYVILLE, TX 76034 1809 CAMDEN GREEN THIBODEAUX, NELSON J 5612 COVENTRY CT COLLEYVILLE, TX 76034 5612 COVENTRY CT WAYPOINT MONTESSORI 1513 HALL JOHNSON RD COLLEYVILLE, TX 76034 1513 HALL JOHNSON RD BROUGHTON 2557 SW GRAPEVINE PKWY, SUITE 100 GRAPEVINE, TX 76051 COURTESY NOTICE MONTCLAIR PARC ADDITION 1108 W. PIONEER PARWAY ARLINGTON, TX 76013 COURTESY NOTICE STONE CREST ESTATES P.O. BOX 332 COLLEYVILLE, TX 76034 COURTESY NOTICE GREEN, MICHAEL 150 PAULARINO AVE, SUITE 160 COSTA MESA, CA 92626 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, January 26, 2018 by Araceli Botello Notification List - ZC18-001 NOTICE OF PUBLIC HEARING Zoning Case Number: ZC18-001 Applicant: Michael Green Ow ner: Cary Grossi Location: 5713 Colleyville Boulevard Property Description: Tract 2B & 2B02, Abstract 180, in the J L Byas Survey Present Zoning: AG – Agricultural District Request: Consideration of a zoning change from the AG Agricultural zoning district to the CC-1 Village Retail zoning district and a Special Use Permit (SUP) for Cemeteries or Mausoleums. The purpose is to allow for the expansion and operation of the Bluebonnet Hill Cemetery to their eastern boundary. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, February 12, 2018 at 7:00 p.m. City Council Meeting: Tuesday, March 6, 2018 & Tuesday, March 20, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 200 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/zoning.html. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Felix Landry Principal Planner flandry@colleyville.com  %HQ%U\QHU 7R6WHSKDQLH&KHDWKDP 6XEMHFW5(%OXHERQQHW+LOOV&RQFHUQV   &ƌŽŵ͗^ƚĞƉŚĂŶŝĞŚĞĂƚŚĂŵ΀΁ ^ĞŶƚ͗&ƌŝĚĂLJ͕Ɖƌŝůϭϯ͕ϮϬϭϴϱ͗ϰϱWD dŽ͗ĞŶƌLJŶĞƌфƌLJŶĞƌΛĐŽůůĞLJǀŝůůĞ͘ĐŽŵх Đ͗:ĞƌƌLJƵĐĂLJф:ƵĐĂLJΛĐŽůůĞLJǀŝůůĞ͘ĐŽŵх͖:ŽŶĂƚŚĂŶ͘ŚĞĂƚŚĂŵфх ^ƵďũĞĐƚ͗ůƵĞďŽŶŶĞƚ,ŝůůƐŽŶĐĞƌŶƐ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etter of Opposition ORDINANCE O-18-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 25.69 ACRES ON A TRACT 2 AND TRACT 2B02, ABSTRACT 180, IN THE J L BYAS SURVEY, LOCATED AT 5713 COLLEYVILLE BOULEVARD FROM THE AG AGRICULTURAL ZONING DISTRICT TO THE CC-1 VILLAGE RETAIL ZONING DISTRICT; AUTHORIZING A SPECIAL USE PERMIT FOR A CEMETERY AND MAUSOLEUM; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for a rezoning under Case No. ZC18-001; 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 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, to 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 Ordinance O-18-XXXX Page 2 of 7 affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 25.69 acres on Tract 2B and Tract 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard from the AG Agricultural zoning district to the CC-1 Village Retail zoning district with a Special Use Permit for a cemetery and mausoleum, as depicted in the attached Exhibit “A” and Exhibit “C”, and as described in Exhibit “B”. Sec. 3.THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the uses in combination of a cemetery and mausoleum as described in Exhibit “B”. 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) Ordinance O-18-XXXX Page 3 of 7 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 in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of March 2018. The second reading and public hearing being conducted on the 20th day of March 2018. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 20th day of March 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Nancy Coplen ____ Place 3, Kathy Wheat Place 6, Mike Taylor ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Ordinance O-18-XXXX Page 4 of 7 Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt Wyatt City Attorney Exhibit “A” – Location and Zoning Map Exhibit “B” – Statement of Planning Objectives Exhibit “C” – Zoning Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3f Agenda Date 06/11/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to the Land Development Code, specifically Chapter 1 – General Provisions, Chapter 4 – Landscaping and Buffering, and Chapter 6 – Commercial Design Standards Explanation The City Council had instructed staff to review and propose amendments to each chapter within the City's Land Development Code (LDC). City staff has already reviewed the attached chapters with the City Council at their recent worksession meetings. The process for adopting amendments to the LDC include formal review and recommendation by the Planning and Zoning Commission followed by formal review and approval by the City Council. The attached chapters are the beginning of the formal adoption process. The remaining chapters will be brought forward over the next several months until the entire Land Development Code has been reviewed. Recommendation Approve Attachments 1.Ch. 01 General Provisions - Redline v3 (05.21.18) 2.Ch. 04 Landscaping and Buffering - Redline v2 (05.21.18) 3.Ch. 06 Commercial Design Standards - Redline v2 (05.25.18) Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 1 Chapter 1 General Provisions Rev. 05/04/2010 Section 1.1 Title This document shall be known and may be cited as the Land Development Code of the City of Colleyville, Texas. Section 1.2 Applicability The provisions of this Land Development Code shall apply to all lots, parcels of land, rights-of-way, buildings and structures located within the Corporate Limits of the City of Colleyville. Section 1.3 Authorization for Adoption of This Land Development Code The regulations contained in the various chapters of this Land Development Code have been adopted upon approval of an ordinance, after public hearing, by the City Council of the City of Colleyville in accordance with the authority described within each chapter and the following: 1. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality; and. 2. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 1.4 Purpose of the Land Development Code The purpose of this Land Development Code is to promote the health, safety, and general welfare of the community and to: 1. combine zoning, subdivision and other regulations into a single document that can be used for development of property and public facilities in Colleyville, Texas; 2. establish reasonable standards of design and procedures for subdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions of subdivided land; 3. provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract and that the cost of improvements which primarily benefit the entire community be borne by the community as a whole; and 4. avoid overlapping, conflicting or inconsistent regulations found in land use control systems consisting of separate zoning, subdivision, and other ordinances. Section 1.5 Purpose of This Chapter The purpose of this Chapter is to: 1. establish rules, regulations and procedures for the administration of this Land Development Code and to establish the process for amending this Code; Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 2 2. establish regulations which describe the process for considering waivers, variances and appeals regarding this Land Development Code; and 3. establish specific boards and commissions responsible for considering requests for a waiver or variance from a regulation or to hear an appeal of a decision of an Administrative Official authorized to enforce and administer this Land Development Code. Section 1.6 Administration and Enforcement The provisions of the Land Development Code shall be administered, interpreted and enforced by the City Manager, his designee, or by the administrator designated within this Code. Section 1.7 Fees The schedule of fees and charges associated with application filing, processing, plan review, or any other fee required by provisions of this Land Development Code, shall be established by the City Council. Furthermore, until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal authorized by this Land Development Code. Fees required by this Land Development Code shall not be refundable, except where a specific provision provides for refunding. Section 1.8 Compliance Required All land, buildings, structures or appurtenances thereon located within the City which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the regulations prescribed herein. In their interpretation and application, the provisions of these regulations shall be construed to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, morals and general welfare. Land used in meeting the requirements of this Land Development Code with respect to a particular use or building shall not be used to meet the requirements for any other use or building. No approval, authorization to proceed, or issuance of any certificate or permit shall be construed as an approval of a violation of the provisions of this document or of other ordinances of the City of Colleyville. Certificates presuming to give authority to violate or cancel the provisions of this document or of other ordinances of the jurisdiction shall be void. Section 1.9 Certificate of Occupancy Required Certificate of Occupancy requirements shall be in accordance with the currently adopted Building Code(s) in effect at such time. 1.9.A CERTIFICATE REQUIRED PRIOR TO OCCUPANCY No building, or portion thereof, or parcel of land shall be occupied or used until a certificate of occupancy has been issued by the City. Furthermore, no non-residential building, or portion thereof, or parcel of land shall change in use or occupancy until a certificate of occupancy has been issued by the City. A current certificate of occupancy is required on all land, buildings, or portions thereof except non-habitable accessory buildings. Failure to comply with this provision may result in the issuance of a citation and/or constitute basis for denial of or disconnection from City utilities or to require a franchised utility company to do likewise. 1.9.B CONNECTION TO UTILITIES No connection to the City utility systems shall be allowed unless and until a certificate of occupancy has Commented [EW1]: The International Building Code (IBC) and International Residential Code (IRC) contain provisions for CO’s and this language is contradictory or otherwise in conflict Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 3 been issued by the City Inspector. However, temporary connection of utilities for a specified duration may be authorized by the City Inspector for the purpose of clean up, construction or other such purposes. 1.9.C RECORDS The Building Inspection Office shall maintain a record of all buildings or parcels of land for which a Certificate of Occupancy has been issued. 1.9.D CERTIFICATE OF OCCUPANCY APPLICATION Application for a certificate of occupancy shall be made to the Building Inspection Office. No application for a certificate of occupancy shall be approved which does not, at a minimum, contain the following information: business name, business address, business phone number, type of proposed use, business owner, business owner's address, business owner's phone number and emergency phone number, applicant's driver's license number, applicant's date of birth, and applicant's signature. 1.9.E DISPLAY AND STATUS OF CERTIFICATE OF OCCUPANCY 1. All non-residential occupancies shall display a certificate of occupancy on the site and in a conspicuous place. 2. The holder of a certificate of occupancy for a non-residential occupancy is required to notify the Building Inspection Office of any change of address, name changes, or other pertinent information listed on the certificate of occupancy application. Section 1.10 Project Under Construction at Time of Code Adoption DELETE THIS SECTION Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction within the city on the effective date of this document and which entire building shall be completed within one (1) year from the effective date of the document or which building shall be maintained under continuous construction even though not completed within one (1) year. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued while such permit is valid and provided the building shall have been started within 180 days of the date of issuance of the permit and which entire building shall be maintained under continuous construction even though not completed within one (1) year. Section 1.11 Compliance Required for Building Permits & Utility Services DELETE THIS SECTION No building or structure may be erected, constructed or installed on any lot, tract or parcel of land and public utilities shall not be extended or connected to a building or structure unless the lot, tract or parcel of land is in compliance with the provisions and requirements of this Land Development Code and all applicable Building Permits and authorizations to proceed are first obtained. Section 1.12 Waivers and Appeals - Generally Any person seeking approval of a development as required by this Land Development Code may request a waiver of or a variance from a requirement contained in this Code, or appeal a decision of an Administrative Official by submitting a request using the procedures described in this Chapter. Due to the unique arrangement and statutory organization of this Land Development Code, provisions for waivers, variances and appeals of administrative decisions vary from chapter to chapter. The following table shows the approval authority for waiver, variance and appeal requests for the specific chapters of this Land Development Code. Commented [EW2]: Time limitations are already addressed in the currently adopted building codes Commented [EW3]: Language is stating the obvious and utility connections are addressed by current codes and/or policies Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 4 Approval Authority for Waiver, Variance and Appeal Requests Chapter Title City Council P & Z Commission ZBA Sign Board Staff Chapter 2 – Definitions N/A N/A See Section 1.16 N/A N/A Chapter 3 – Land Use See Section 1.13 N/A See Section 1.16 N/A N/A Chapter 4 – Landscaping & Buffering N/ASee Section 4.4 N/ASee Section 4.4 N/A N/A See Section 4.6 N/A Chapter 5 – Tree Preservation See Section 1.13 See Section 1.14 N/A N/A N/A Chapter 6 – Building Design See Section 1.13 See Section 1.14 N/A N/A N/A Chapter 7 – Sign Regulations See Section 1.13 N/A N/A See Section 1.15 N/A Chapter 8 – Platting Procedures (except perimeter streets) See Section 1.13 See Section 1.14 & 7.2 N/A N/A N/A Perimeter streets See Section 1.13 N/A N/A N/A N/A Chapter 9 – Subdivision Design & Required Facilities See Section 1.13 N/A N/A N/A N/A Chapter 10 – Private Streets & Entrance Gates See Section 1.13 N/A N/A N/A N/A Chapter 11 – Park Land Dedication See Section 1.13 N/A N/A N/A N/A Chapter 12 – Erosion Control See Section 1.13 N/A N/A N/A N/A Chapter 13 – Impact Fees See Section 1.13 N/A N/A N/A N/A Chapter 14 – Engineering Design See Section 1.13 N/A N/A N/A N/A Chapter 15 – Public Works Construction Details See Section 1.13 N/A N/A N/A N/A Note to table above: N/A – Not Authorized Section 1.13 Waivers and Appeals – City Council A. Where specifically provided for in this Land Development Code, the City Council shall have the authority to consider requests for a waiver or to hear and decide an appeal from an administrative decision on a regulation. The City Council may approve, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, health, or welfare or injurious to other property. The applicant shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal. B. Notwithstanding any provision of this Land Development Code relating to waiver procedures contained herein, and to the extent not otherwise prohibited by State law, the City Council shall have the authority to directly consider requests for a waiver to any regulation contained herein in connection with the construction of a mutual access easement/drive adjacent to a Major Arterial as defined in the Master Thoroughfare Plan. The City Council may approved, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 5 health, or welfare or injurious to other property. The applicant shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal. Section 1.14 Waivers and Appeals – Planning and Zoning Commission Where specifically provided for in this Land Development Code, the Planning and Zoning Commission shall have the authority to consider a waiver or to hear and decide an appeal from an administrative decision on a regulation. The Planning and Zoning Commission may approve, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, health, or welfare or injurious to other property. The applicant shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal. Section 1.15 Waivers and Appeals – Sign Board of Appeals Note: Section 1.15 replaced in its entirety. (Ord. O-03-1414 / 09-02-2003) A. Creation of Sign Board of Appeals – There is hereby created a Sign Board of Appeals consisting of five (5) members and two (2) alternate members, each to be appointed by the Council for a two year term, or until a successor is appointed. Three members of the Board and one (1) alternate member shall be selected in even numbered years and two members and one (1) alternate member in odd numbered years. In the event of a vacancy, the Council shall appoint a member to serve for the unexpired term. Alternate Board members shall serve in the absence of regular members. The Sign Board of Appeals shall consist of the same members and officers as the Zoning Board of Adjustment. B. Authority of the Sign Board of Appeals – The Sign Board of Appeals shall have the authority to hear and decide on requests for a variance from the requirements contained in Chapter 7 – Sign Regulations of this Land Development Code. The Sign Board of Appeals shall also have the authority to hear and decide an appeal of an administrative decision on a regulation contained in Chapter 7 – Sign Regulations of this Land Development Code. The authority established under this paragraph shall be applicable to a definition contained in Chapter 2 – Definitions of this Land Development Code required for the administration and enforcement of the provisions of Chapter 7 – Sign Regulations. C. Quorum and Organization – Four members of the Sign Board of Appeals shall constitute a quorum. In the event of the absence of the Chairman and Vice-Chairman, the four members constituting the quorum shall elect for that meeting a member to preside as Acting Chairman and to assume all duties of the Chairman. D. Meetings, Hearings and Rules of Procedures – The Board shall adopt rules of procedure for the conduct of its meetings. Meetings shall be held at the call of the Chairman or at such times as the Board may determine. All meetings and hearings shall be open to the public and shall be conducted in accordance with the procedure set forth in these regulations and the rules of procedure adopted by the Sign Board of Appeals. Such rules of procedure may be amended by the Sign Board of Appeals membership. The minutes of the meetings shall be recorded, showing the vote of each member upon the question, and shall be made a matter of public record. The concurring vote of four members of the Board shall be necessary to render a decision on any matter before the Board. The Sign Board of Appeals shall meet monthly, provided there has been an appeal or request for variance filed with the Building Administrative Official on or before the last date to receive applications prior to the scheduled meeting date. The Building Official shall publish a calendar establishing such final application dates. E. Variance – A person may request a variance from a requirement contained in Chapter 7 – Sign Regulations by filing said request with the building official Administrative Official. A request for a variance shall be accompanied by a non-refundable filing fee. The filing fee shall be established by separate ordinance by the City Council. A request for variance shall be referred for consideration to the Sign Board of Appeals. In considering a request for a variance, the Sign Board of Appeals shall consider, Commented [EW4]: Provision should not list a specific position Commented [EW5]: Provision should not list a specific position Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 6 among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City. F. Fees – No action shall be taken on any application submitted to the Sign Board of Appeals until all applicable fees have been paid in full. No refund of any application fee shall be made after the request has been advertised and scheduled for consideration by the Board. G. Public Hearing and Written Notification – No action to approve or deny any application shall be taken until the Board has held a public hearing and received comment, and only after written notice of the public hearing of the date, time and place where the variance request is to be considered has been sent to the owners of real property lying within two hundredone thousand (2001,000) feet of the property where the application is being considered. Such notice shall be given to each property owner as listed on the last approved tax roll not less than fifteen (15) days before the date set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. H. Appeal to City Council – The decision by the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within two hundredone thousand (2001,000) feet of the area being considered and place the applicant’s appeal request on the next available agenda for consideration by the City Council. Section 1.16 Variances & Appeals – Zoning Board of Adjustment The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning regulation or to hear an appeal from an administrative decision on a regulation in Chapter 3 – Land Use Regulations; and Chapter 4 – Landscaping and Buffering; and Chapter 6 – Building Design (except for requests regarding tree mitigation requests which are considered by the Planning and Zoning Commission). The Zoning Board of Adjustment shall additionally have the authority to consider requests for an interpretation of any regulation or definition contained in this Land Development Code. The rules and procedures contained in this section shall be applicable to such request. 1.16.A. A ZONING BOARD OF ADJUSTMENT ESTABLISHED A Zoning Board of Adjustment is hereby established, which shall consist of five (5) members and two (2) alternates, each to be appointed for a two (2) year alternate term by the City Council. All vacancies occurring on the Zoning Board of Adjustment shall be filled by appointment by the City Council. Each year after a new term begins members shall elect a Chairman and Vice-Chairman, a new term beginning at the first meeting in October. Members of the Zoning Board of Adjustment may be removed from office by the City Council for cause upon written charges and after a public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected. The City Council shall appoint two (2) alternate Board members to serve in the absence of regular members. 1.16.B. B PROCEEDINGS The Zoning Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the Chairman or Vice-Chairman and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. Said Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be made a matter of public record and be immediately filed in the office of the City and maintained by the person acting as City Secretary. Commented [BB6]: Increased for more notification coverage; several locations in this chapter Commented [BB7]: Authority for Chapter 6 is the P&Z Commission Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 7 1.16.C. C HEARINGS; APPEALS; NOTICE Appeals to the Zoning Board of Adjustment concerning interpretation or administration of a regulation may be taken by any person aggrieved or by any officer, agency, department or commission of the governing body of the City affected by any decision of the Administrative Official. Such appeals shall be taken within a reasonable time, not to exceed fifteen (15) days or such lesser period as may be provided by the rules of the Board, by filing with the Administrative Official on behalf of the Zoning Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as written notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by an agent or attorney. 1.16.D STAY OF PROCEEDINGS An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Official from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a court of record on application, on notice to the Administrative Official from whom the appeal is taken and on due cause shown. 1.16.E JURISDICTION OF ZBA When in its judgment the public convenience and welfare will be substantially served, the Board of Adjustment may issue appropriate orders to the Administrative Official to guard against future error; and to promulgate appropriate procedure in addition to that under which the Administrative Official already operates. When the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may in specific cases, after public notice and public hearing, (subject to appropriate conditions and safeguards and in accordance with Section 211.009, Local Government Code, V.T.C.A.), authorize the following variances and special exceptions to the regulations herein established and take action relative to the continuance or discontinuance of a nonconforming use. Thus, the Board has jurisdiction to: 1. Hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the Administrative Official in the enforcement of this code. 2. Interpret the intent of the Zoning District Map where uncertainty exists because the physical features, on the ground vary from those on the Zoning District Map and none of the rules set forth in Chapter 3 – Land Use, Section 3.5.C - "Rules For interpretation of District Boundaries" apply. 3. Approve the use of a lot or lots in a residential district contiguous to (even if separated by a street or alley) an apartment, office, retail, commercial or industrial district for off-street parking of passenger vehicles subject to such standards and safeguards as are appropriate for the protection of adjacent residential uses. 4. Initiate on its motion or cause presented by interested property owners an action to bring about the discontinuance of a nonconforming use in accordance with the following: a. Require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. 5. Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of Chapter 3 – Land Use of this Land Development Code. Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 8 6. Permit the enlargement of a nonconforming use in accordance with the provisions of Chapter 3 Land Use of this Land Development Code. 7. Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the Board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure and provided that such actions conform to the non-conforming provisions of Chapter 3 – Land Use of this Land Development Code. 8. Require the vacation and demolition of a nonconforming structure, which is deemed to be obsolete, dilapidated or substandard. 9. Vary the provisions and conditions required for the development of off-street parking facilities when such variations are found to be in the interest of the area and necessary to secure reasonable parking use of a specific parcel of land. 10. Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. 11. Permit such variances of fence heights when in the opinion of the Board such fence will not adversely affect neighboring property. 1.16.F SPECIAL EXCEPTIONS; CONDITIONS GOVERNING APPLICATIONS; PROCEDURES A special exception shall not be granted by the Board of Adjustment unless and until: 1. A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is required. 2. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by certified mail. Notice of such hearings shall be posted at the City Hall; and one time in the official publication of the City, stating the time, place and nature of such hearing, at least fifteen (15) days prior to the public hearing. All property owners within two hundredone thousand (2001,000) feet of the property shall be notified by mail not less than fifteen (15) days prior to the date of the public hearing. 3. The public hearing shall be held. Any party may appear in person, or by an agent or attorney. 4. The Zoning Board of Adjustment shall make a finding that it is empowered to grant the special exception, and that the granting of the special exception will not adversely affect the public interest. 5. In granting a special exception, the Zoning Board of Adjustment may also prescribe a time limit for which the special exception may continue. Failure to comply with this requirement stipulated by the Board shall void the special exception permit issued. 6. Violation of any reasonable provisions, conditions and safeguards that are made a part of the terms under which the special exception permit granted shall be deemed in violation of this Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 9 ordinance and punishable under the penalty section of this Land Development Code. 1.16.G VARIANCES; CONDITIONS GOVERNING APPLICATIONS; PROCEDURES The Zoning Board of Adjustment may authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the Zoning Board of Adjustment unless and until: 1. A written application for a variance is submitted demonstrating: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c. That the special conditions and circumstances do not result from the actions of the applicant; d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; e. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. 2. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which requested variance is sought or his agent shall be notified by certified mail. Notice of such hearings shall be posted at the City Hall; and one time in the official publication of the City, stating the time, place and nature of such hearing, at least fifteen (15) days prior to the public hearing. All property owners within two hundredone thousand (2001,000) feet of the property shall be notified by mail not less than fifteen (15) days prior to the date of the public hearing. 3. The public hearing shall be held. Any party may appear in person, or by an agent or by attorney. 4. The Zoning Board of Adjustment shall make findings that the applicant has met the requirements of paragraph 1 above. 5. The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. 6. The Zoning Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting any variance, the Zoning Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under the penalty section of this Land Development Code. Under no circumstances shall the Board grant a variance to allow a use not otherwise permissible under this section in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district. Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 10 1.16.H DECISION OF ZONING BOARD OF ADJUSTMENT The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Land Development Code, or to effect any variation in the application of this ordinance. 1.16.I APPEAL PROCEDURES - ZBA 1. Any person or persons, or any board, taxpayer, department, commission or agency of the City aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of record of such decision, and under the time limit specified in Section 211.011, Local Government Code, V.T.C.A. If no appeal has been taken from the Zoning Board of Adjustment ruling within the time limit specified under the above mentioned Article, the Board's ruling shall be final. 2. It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Administrative Official, and that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the decision of the Administrative Official, and that recourse from the decisions of the Zoning Board of Adjustment shall be to the courts as provided by law. 3. It is further the intent of this ordinance that the duties of the City Council in connection with this section shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this ordinance the City Council shall have only the duties of considering and adopting or rejecting proposed amendments, or the repeal of this ordinance, as provided by law. 4. Conditions: The Board or City Council, as may apply, is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. Section 1.17 Reserved Section 1.18 Amending the Land Development Code The regulations and restrictions imposed by this Land Development Code and the districts and boundaries created by the Official Zoning Map may be amended from time to time using the procedures provided in this section. 1.18.A AMENDING A SUBDIVISION PLAT REGULATION A subdivision plat regulation as contained in Chapters 8, 9, 10, 11, 12, 14 & 15 of this Land Development Code, may be amended upon adoption of an ordinance approved by the City Council after public hearing. Notice of said public hearing to be given in a newspaper having general circulation in the city not less than ten fifteen (1015) days prior to the hearing. The City Council may request the recommendation of the Planning and Zoning Commission on any proposed amendment to a plat regulation. Said amendment shall be additionally subject to the standard rules, regulations and procedural requirements established in Chapter 212 – Local Government Code and Article VI – Charter of the City of Colleyville. 1.18.B AMENDING A ZONING REGULATION OR THE OFFICIAL ZONING MAP The City Council may from time to time amend, supplement, change, modify or repeal the regulations and restrictions imposed in Chapter 1 – General Provisions; Chapter 2 – Definitions; or Chapter 3 – Land Use, of this Land Development Code, and the districts and boundaries described on the Official Zoning Map, using the procedures described in this section. Such amendment shall additionally be subject to the rules and procedures in Chapter 211 – Local Government Code, and Article VI of the Charter of the City Commented [BB8]: Current practice is 15 days Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 11 of Colleyville. 1. Zoning Regulation Amendments – Any person or corporation may petition the City Council for a change or amendment to the provisions of these regulations; or the Planning and Zoning Commission or City Council may, on its own motion, initiate study and proposal for changes or amendments to a zoning regulation in the public interest. 2. Zoning District Boundary Changes – Any person or corporation having a proprietary interest in a parcel of land may request a change in zoning on such property; or the Planning and Zoning Commission or City Council may, on its own motion, initiate proceedings to consider a change in zoning on a parcel of land. All requests for a change in zoning shall be submitted, together with the required fee, to the Administrative Official, which officer shall cause notices to be sent and the request placed on the Planning and Zoning Commission agenda. Only one application for a zoning change will be considered at any one time on a parcel of land. No additional rezoning application on a parcel of land will be considered until final action of any pending application has been completed, subject to the time limits imposed elsewhere in these regulations. 3. Fees – Until all applicable fees, charges, expenses and delinquent city, county, and school taxes have been paid in full, no action shall be taken on any zoning application. No refund of any application fee shall be made after the request has been scheduled for consideration by the Commission. 4. Commission Public Hearing and Written Notification - Before making report of an application for a planned development, special use permit, or proposed amendment to a zoning regulation or zoning district boundary, the Planning and Zoning Commission shall hold a public hearing and receive comment in accordance with the following: a. No less than ten fifteen (1015) days notice of the time, place and nature of the public hearing shall be published in publication having general circulation in the city of Colleyville. b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundredone thousand (2001,000) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten fifteen (1015) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. The land area within 200 feet of the proposed request shall be used to calculate whether a protest against the request would require a super-majority vote of the City Council to approve the request. i. Alcohol and Package Store SUP Requests – When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages or a package store, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. The land area within 200 feet of the proposed Special Use Permit shall be used to calculate whether a protest against the request would require a super-majority vote of the City Council to approve the Special Use Permit. (Ord. O-03-1399 / 04-15- 2003). 5. Sign Posting - The Administrative Official is directed to cause a sign to be placed upon the property clearly visible to passersby, which states that the property is the subject of a rezoning application (or words of like intent). The sign shall be posted at least ten (10) days prior to the hearing and shall remain posted until the hearing. Failure to perform this particular notice provision shall, however, in no way prevent the Planning and Zoning Commission from hearing the application and disposing of the issues involved on the hearing date. 6. Report of Commission – After a public hearing, the Planning and Zoning Commission shall vote on the proposal and report its recommendation to the City Council. The proposal. as recommended by the Commission, shall be place on the next available City Council agenda, provided proper notice has been given. Commented [BB9]: Current practice is 15 days; same as ZBA notice Commented [BB10]: Current practice is 15 days; same as ZBA notice Commented [BB11]: Similar practice as outlined for Alcohol & Package Store SUP Requests in the paragraph below. Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 12 a. Amended Proposals: The Planning and Zoning Commission may consider a request from the applicant to amend the proposal without additional notification of adjacent property owners, provided that the amended request is determined by the Commission as being more restrictive than the initial request and the boundary or content of the amended request is not expanded. b. Notice of Appeal: Denial of the proposal by the Planning and Zoning Commission shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission. The Administrative Official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant’s rezoning request on the next available agenda for consideration by the City Council. c. Failure to Act Provision: Failure by the Commission to act on an amendment within sixty (60) days of the first date of public hearing shall be considered a recommendation for denial of the amendment. 7. City Council Public Hearing and Newspaper Notice - A zoning regulation or a zoning district boundary may be amended by the City Council upon adoption of an ordinance, but no amendment shall be made without public hearing before the City Council. No less than fifteen (15) days notice of the time, place and nature of such hearing shall be published in publication having general circulation in the City of Colleyville. No amendment to a regulation or to a district boundary shall be considered by the City Council until a report of the proposed amendment has been made by the Planning and Zoning Commission. Unless denied by the Planning and Zoning Commission, every rezoning request receiving final approval of the Commission shall be forwarded to the City Council for consideration, unless the applicant has requested the proposal be withdrawn. The City Council may refer any amended rezoning request back to the Planning and Zoning Commission for further study and recommendation. 8. Special City Council Voting Requirements - No change of which the Planning and Zoning Commission has recommended denial or in case of a protest against such change, signed by the owners of twenty (20) percent or more of either the area of lots or land included in such proposed change, or lots or land immediately adjoining same and extending two hundred (200) feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three- fourths (3/4) of all members of the City Council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. 9. Withdrawal – Any proposal or application that is withdrawn by the applicant before a vote is considered by the City Council shall not be subject to the time limit for submittal of a new application. 10. Time Limit for Re-submittal - No one shall request a zoning change on the same parcel of property more often than once every twelve (12) months. However, a request for a change of zoning of a parcel of property to a different zoning classification than that previously requested may be filed as frequently as desired. 11. Submittal Requirements for Zoning District Change - Every petition for a zoning district change shall be accompanied by supporting documents of the area petitioned for a zone change. In general the petitioners shall submit a drawing and supporting documents as follows: a. Scale - No smaller than I1" = 100' b. Zoning and use of adjacent property c. Vicinity Map - showing location of the land within the community d. Physical features - The location of existing streets, water courses, railroads, etc., on and adjacent to the subject property Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 13 e. 100-year flood plain limits within the subject property f. Legal description (metes and bounds) of the total site area proposed for rezoning, development, or special use permit to be included on the Zoning Exhibit and submitted on a separate letter or legal size single page. Concept Plan – The Concept Plan, which may be conceptual and general in nature, but in sufficient detail appropriate for the type of development being proposed and shall at a minimum include the following items, where applicable: a. Proposed layout, indicating the approximate size and dimensions of all residential lots b. Proposed land uses and building locations c. Landscaping, lighting, fencing and screening of common areas d. General locations of existing tree clusters e. Location and construction type of perimeter fencing f. Design of ingress and egress with description of any special pavement treatments g. Location and description of subdivision signs and landscaping at entrance areas h. Street names on all proposed streets i. Drainage Analysis – The applicant shall submit a Preliminary Drainage Analysis to determine the need for drainage facilities. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis requirements contained in Chapter 14 – Engineering Design Standards of the Land Development Code. j. For properties with significant slope, cross section exhibits shall be required showing the impact of the proposed development with adjacent properties. Exception: A change of zoning application may be submitted and approved without a Concept Plan if the scale of the request does not justify preparation of the plan. g. Preliminary drainage study. 12. Special Application Requirements - Site Plan and Supporting Documents Required - Every petition for a zoning district change to R-D, R-MF, MH, C-PO, CN, C-C and M-L and all Special Use Permit requests shall additionally be accompanied by a site plan and supporting documents of the area petitioned for a zone change. The purpose of the site plan is to illustrate the logical arrangement of the elements on the land and to show relationships of elements to each other. The petitioner is encouraged to meet with the appropriate city staff member in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the City initiating the advertisement for public hearing on the petition. The Administrative Official may waive the site plan requirement altogether when appropriate. The general type and extent of site plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to: a. Site Plan, meeting all of the requirements of a "Preliminary Plat"Section 3.31.D Site Plan Approval Required as described in the City's subdivision regulationsLand Use chapter, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project petition. Additional site plan drawing information which the reviewing body may require include: 1. Existing and proposed zoning district classifications and boundaries; 2. General outline of extensive tree cover areas; 3. Drainage ways and 100-year flood plain limits; Commented [BB12]: New regulation for Concept Plan & Preliminary Drainage Study requirement Commented [BB13]: Added per Council direction Commented [BB14]: In rare situations a site plan may not be warranted based on the limited scale of the zoning request Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 14 4. Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required; 5. Proposed internal non-vehicular circulation linkages, such as: pedestrian paths and hike trails; bike trails; and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict; 6. A graphic illustration showing the location of proposed buildings, driveways and all physical elements and a tabular summary schedule indicating: a) The gross acreage and percent of each type of zoning category proposed; b) The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single family, two-family, multifamily, townhouse, etc., including the total gross project acreage; c) The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one- half of any abutting street, only; d) The quantitative number of dwelling units proposed for each residential dwelling type, i.e., single family, two-family, etc.; e) Proposed maximum lot coverage by building types (i.e., one-family, multifamily, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site. b. Architectural Drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals. c. Written Documents, in narrative form on 8-1/2” X 11” sheets, including: 1. Statement(s) on planning objectives to be achieved in the land use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc. 2. Legal description of the total site area proposed for rezoning, development or special use permit. 3. A development schedule, if any, indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases can be expected to begin and be completed, to the best of the applicant's knowledge and belief. 4. A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application. 5. Statement(s) as to how and when the applicant proposes to provide water and sewer to the development. 6. Signature(s) and title(s) of the applicant(s) and preparer(s) of the written documents certifying the information presented in all of the plans and supporting documents reflect a reasonably accurate portrayal of the general nature, character and feasibility of the applicant's proposals. All signatures will be dated. Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 15 13. Traffic Impact Analysis - When a proposed development is projected to generate more than 1000 vehicle trips per day, a traffic impact analysis shall be required with the rezoning request. The traffic impact analysis shall be prepared in accordance with the requirements of the Director of Public Services. The purpose of the traffic impact analysis is to determine the need for traffic mitigation measures which may include, but are not limited to, dedication of additional right-of- way, construction of turning lanes, or construction of traffic control facilities. 1.18.C RESERVED 1.18.D AMENDING ALL OTHER REGULATIONS A regulation contained in any of the other Chapters of this Land Development Code that have not been previously mentioned may be amended upon adoption of an ordinance approved by the City Council after public hearing. Notice of said public hearing to be given in a newspaper having general circulation in the city not less than ten fifteen (1015) days prior to the hearing. The City Council may request the recommendation of the Planning and Zoning Commission on any proposed amendment. Amendments shall be additionally subject to the standard rules, regulations and procedural requirements established in Chapter 51 – Local Government Code and Article VI of the Charter of the City of Colleyville. Section 1.19 Violations and Penalties Any person, firm or corporation violating any of the provisions of this Land Development Code 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), unless a lessor fine is provided for in the section of the Code so violated. Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, engineer, planner, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Section 1.20 Relationship to Other Laws and Restrictions It is not intended by this Land Development Code to interfere with or abrogate or annul any other resolution or rule, regulation or permit, previously adopted or issued or which shall be adopted or issued, not in conflict with any of the provisions contained herein; nor is it intended by this Land Development Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Land Development Code imposes a greater restriction upon land, buildings, or structures than is imposed by other ordinances, covenants, restrictions or agreements, then the provisions of this Code shall govern. If other ordinances are more strict than this Code, then the more strict provisions shall prevail. Section 1.21 Repeal of Conflicting Ordinances All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 1.22 Severability Clause It is hereby declared to be the intention of the City Council of the City of Colleyville, that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Commented [BB15]: Current practice is 15 days Land Development Code City of Colleyville, Texas Chapter 1 – General Provisions Page 1 - 16 Section 1.23 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-03-1399 04/15/2003 500 foot notification for alcohol SUP requests O-03-1414 09/02/2003 Sign Board of Appeals authority O-10-1750 05-04-2010 Addition of Package Store SUP Requirements O-17-2006 02/21/2017 Council approval for certain Mutual Access Easements Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 1 Chapter 4 Landscaping and Buffering Rev. July 15, 2003 Section 4.1 Purpose of This Chapter The purpose of this Chapter is to establish rules and regulations for the minimum placement of landscaping materials in certain zoning districts. Section 4.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 4.3 Applicability of This Chapter The provisions of this Chapter shall be applicable as follows: 1. For all new construction; or, 2. W hen an existing building is proposed for remodeling, alteration, addition, or expansion, and the proposed construction value exceeds fifty (50%) percent of the current appraised value of the existing structures, excluding the value of the land; or, 3. When an existing building is proposed for an addition that will increase the square footage of the existing building by twenty (20%) percent or greater; or, 4. As a requirement of the approval of a Special Use Permit or Planned Unit Development. 5. For purpose of this regulation, the value shall be that shown on the most recent tax roll of the Tarrant Appraisal District. Section 4.4 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 of this Land Development Code.to the Administrative Official. The City Council, after review and recommendation by the Planning and Zoning Commission, shall have the authority to consider requests for a waiver or to hear and decide an appeal from an administrative decision on a regulation. The City Council may approve, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, health, or welfare or injurious to other property. The applicant shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal Section 4.5 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Commented [BB1]: Currently the ZBA; proposing authority to the P&Z Commission and Council. Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 2 Code. Section 4.6 Required Landscaping For zoning districts “CPO, CN, CC1, CC2, CC3, ML, PUD-C, PUD-I” and institutional uses including churches, schools and governmental facilities in any district. 1. Intent -The intent of this ordinance is that landscaping shall not be limited to only the application of turf or grass; but landscaping shall include the coordinated planting (or retention) of grass, shrubs, ground cover, flowering plants, and trees and the grading or moving of earth to form a visually aesthetic and pleasing environment. The review of all site plans will consider the applicant’s efforts in coordinating a variety of plant materials with the physical features of the property. 2. Landscaping Completed Prior to Issuance of Certificate of Occupancy - All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A permanent Certificate of Occupancy will be issued only when it is determined by the building official that all landscaping has been installed in accordance with the approved landscape plan. If it is determined, by the Building Official that planting of live material is hindered by adverse weather conditions, a temporary Certificate of Occupancy may be issued for a period up to three months. 3. Required Landscape Mixture - Twenty percent (20%) of the total land area in any proposed development shall be landscaped. At least fifty percent (50%) of the total landscaped area shall be located in the street yard(s) (Exhibit “4-A”). In order to insure for a variety of plant materials the following minimum requirements for grass, shrubs, and trees shall be provided: a. All ground surfaces not used for buildings, sidewalks, roadways or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching. b. Shrubs: Shrubs shall be provided such that one 18” in height plant or five (5) gallon plant shall be planted on-site for each five (5) lineal feet of public street rights-of-way located adjacent to the property. c. Trees: Landscaping shall include the retention or planting of one (1) three (3) inch caliper tree per each forty (40) feet of street frontage on collector streets, or larger, as shown on the Master Thoroughfare Plan, which shall be included in the twenty (20) percent required landscaping. These trees are to be planted on along the street frontage. d. Landscape Plans Required: Prior to the issuance of a building permit for any non-residential use, a Landscape Plan shall be submitted, as an element of the required site plan, to the City Manager or his appointed designee. The City Manager or his appointed designee, which may be either a staff member or other official body of the City, shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accordance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. e. Content of Landscaping Plans: Landscaping Plans shall be prepared by a Texas Licensed landscape architect. Landscape Plans shall contain the following information: 1. Minimum scale of one inch equals 40 feet except as approved by the City Manager or his approved designee; 2. Location of all trees to be preserved; 3. Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features; 4. Species of all plant material to be used; 5. Size of all plant material to be used; 6. Quantity and spacing of plant material where appropriate; 7. A general layout and description of irrigation, sprinkler or water systems, including placement Commented [BB2]: Clarification to applicability Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 3 of water sources as designed by a licensed irrigator; 8. Description of maintenance provisions for the Landscape Plan; 9. All Landscape Plans to be sealed by a Texas Licensed Landscape Architect; 10. Provide planting and irrigation specifications as part of the Landscape Plan; 11. Provide name and address of the owner, location of the subject property, surrounding zoning, utility lines, water mains and easements, public or private streets and drives; 12. Provide a general grading and drainage plan. f. Description of Planting Material: Landscape plant material may be selected from the following list, however the applicant may use other plant material not listed if it is determined to be an appropriate and functional element of the landscape plan. 1. Over-story Trees (Range from 30 to 60 feet) Common Name Botanical Name Common Name Botanical Name Bald Cypress Taxodium distichum Western soapberry Sapindus drummondii Cedar Elm Ulmus crassifolia Post Oak Quercus stallata Lacebark Elm Ulmus parvifolia Black Jack Oak Quercus marilandica Pecan Carya illinoinesis Eastern Red Cedar Juniperus virginiana Chinese Pistache Pistacia chinesis Southern magnolia Magnolia grandiflora Bur Oak Quercus macrocarpa Slash pine Pinus elliotii Red Oak Quercus shumardii Japanese black pine Pinus thunbergi Sweet Gum Liquidambar styraciflau Austrian pine Pinus nigra Green Ash Fraximus pennyslvanica Afgan pine Pinus eldarica Live Oak Quercus virginiana 2. Accent Trees (Range from 10 to 20 feet) Common Name Botanical Name Common Name Botanical Name Redbud Cercis canadensis Crab apple Malus augustifolia Crape myrtle Langerstroemia indica Deciduous holly Illex decidua Yaupon holly Ilex vomitoria Flameleaf sumac Rhus copallina Bradford pear Purus calleryana Cherry-laurel Prunus caroliniana Texas sophora Sophora affinis Chase tree Vitex angus-castus Wild plum Prunus americana 3. Shrubs (Range from 3 to 5 feet) Common Name Botanical Name Common Name Botanical Name Dwarf crape myrtle Langerstoemia indica nana Purple leaf japanese barberry Berberis thumbergii ‘atropurpurea’ Dwarf buford holly Illex cornuta ‘barfordii Nana’ Pampus grass Cortaderia selloana Dwarf Chinese holly Illex cornuta 'rotunda’ Nandina Nandina domestica Dwarf yaupon holly Illex vomitoria ‘nanal’ Juniper Juniperus chinensis spp Fraser's photinia Photinia Fraseri Fountain grass Pennisetum spp Purple sage Leucophyllum frutescens Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 4 4. Ground Cover (Ranges from 18 inches) Common Name Botanical Name Juniper supp. Juniperus horizontalisd or procumbens Periwinkle Vinca major Monkey Grass Liriope muscaria spp Asian jasmine Trachelospermun asiaticum Confederate Star Jasmine Trachelospermun jasminoides Monkey grass OP hipogon 5. Vines Common Name Botanical Name Coral honeysuckle Lonicera sempervirens Carolina yellow jasmine Gelsemium semper Lady banksia rose Rosa baksiae Cross vine Bignonia capreolata Sweet autumn clematis Clematis paniculata Virginia creeper Parthenociassuss quinquefolia Boston ivy Parthenociassus tricuspidata 6. Perennial and Annual Flowers Common Name Botanical Name Common Name Botanical Name Chrysanthemum Chrysanthemum spp Petunia Petunia hybrida Canna Canna generalis Marigold Tagetes spp Copper leaf Acalyopha Wilkesiana Tulip Tulipa spp Periwinkle Catharanthus roseus Zinnia Zinnia spp Iris Iris supp. Caladium Caladium hortulanum ‘candidum’ ‘pink beauty’ Lantana Lantana Camera Moss rose or portulaca Portulaca gandiflora Daffodil Narcissus Jonquil, Tazetta, & King Alfred Wild Flowers g. Landscaping Credit: Landscape credits may be applied to the overall landscape requirement, as indicated in Section 4.54.6.3 Required Landscape Mixture. However, in no instance shall the credits reduce the total amount of landscaping on a lot to less than fifteen (15) percent of the total land area. Credits will only be allowed if they are maintained as a permanent element of the landscape plan. Credits may be obtained as follows: 1. For each two (2) square foot of area that is landscaped in the public street right-of-way, one (1) square foot of landscape credit will be applied to the overall landscaping requirement. 2. For each one (1) square foot of area that is landscaped with flowering seasonal color, two (2) square foot of landscape credit will be applied to the overall landscaping requirement. 3. Over and above the required shrub planting, for each newly planted shrub 18” in height or contained in a five (5) gallon container, which is maintained in a living and growing condition, fifteen (15) square feet of landscape credit will be applied to the overall landscape requirement. Commented [BB3]: Corrected cross-reference Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 5 4. Over and above the required tree planting, for each newly planted or existing tree of at least three (3) inches in trunk diameter, measured twelve (12) inches above grade, which is maintained in a living and growing condition, one hundred (100) square feet of landscape credit will be applied to the overall landscape requirement. Planting of two (2) ornamental trees of eight (8) feet in height shall receive the same landscape credit as one (1) three (3) inch caliper tree. 5. Over and above the required tree planting, for each newly planted or existing tree of at least six (6) inches in trunk diameter, measured twelve (12) inches above grade, which is maintained in a living and growing condition, two hundred fifty (250) square feet of landscape credit will be applied to the overall landscape requirement. Each additional one (1) inch diameter of tree over twelve (12) inches shall receive twenty (20) square feet of landscape credit. h. Maintenance of Landscaping: All landscaping maintenance shall be the responsibility of the property owner. The following minimum standards shall be required: 1. All landscaping shall be permanently maintained and shall have an underground irrigation system installed by a licensed irrigator and must meet all applicable requirements of the City. 2. Irrigation systems may be buried on public street rights-of-way. The City or any franchised utility will not be responsible for damage to any landscaping material or equipment while performing repairs of maintenance to its system. However, landscaped right-of-ways shall be irrigated; 3. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping; 4. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year; and 5. Plant materials which die shall be replaced with plant material of similar variety and size within a six (6) month period; and. 6. The maintenance requirement contained in this section shall be applicable regardless of the tenant occupancy status of any buildings on the property. (Ord. O-03-1408 / 07/15/03) i. Landscaping of Parking Lots: it is the intent of this section to encourage design and construction of parking areas in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space. The following minimum requirements shall be observed: 1. Parking lots shall contain a minimum of one hundred forty (140) square feet of landscaped island per each eighteen (18) contiguous parking spaces required. This landscape island is to include one (1) three (3) inch caliper tree. 2. Landscaped islands shall be irrigated by an underground system as indicated in Paragraph h - Maintenance of Landscaping. Irrigation of all landscaped areas adjacent to any parking and/or driving surfaces shall be accomplished such that a minimum amount of water is applied to parking and/or driving surfaces. 3. All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to parking lots shall be set back three (3) feet from any curb and that provides for "head-in" automobile parking (Exhibit “4-B”). 4. Landscape material in parking lots shall include shrubs and trees or a combination thereof, which in turn may be planted with a combination of grass, ground cover, and/or flowering plants. Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 6 5. All landscaping within the parking lot shall be located within a landscape island or module, delineated from the surrounding paved area by a curb or barrier, constructed of masonry or concrete, of not less than six (6) inches in height around the perimeter of the island or module. 6. At least three-fourths (3/4) of the tree drip line area must be in permeable area (See Exhibit “4-C”). 7. For larger existing trees located in the parking area, which are being retained and incorporated into the landscape plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan. j. Landscaping Adjacent to Residential Districts: For any development in “C-PO", “CN”, “CC1”, “CC2”, “CC3”, ”ML”, “PUD-C”, “PUD-I” and institutional uses including, churches, schools, and governmental facilities (which includes all zoning) except residential districts and "AG" used for residential and pure agricultural uses, zoning districts which abut districts zoned residential or mobile home there shall be a minimum twenty (20) foot wide green belt of "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, for the entire distance along which the development abuts the residential district. Where a fire lane is required, the green belt may be reduced to five (5) feet (Exhibit “4-CD”). Exception: When adjacent to institutional uses in residential districts and “AG” used for residential and pure agricultural uses. k. Landscaping Adjacent to Colleyville Boulevard: For any development which abuts Colleyville Boulevard there shall be a minimum twenty (20) foot wide landscaped green belt of "live plant material”, exclusive of access drives. On corner lots, the twenty feet (20’) wide landscaping green belt will wrap around to the depth of the property. This area may be planted with trees and shrubs required at the front of the site noted elsewhere in this Chapter. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. (O-01-1295 / 08/21/01) l. Special Permits; Appeals; Exceptions: Any person aggrieved by this ordinance may appeal its effect to the Zoning Board of Adjustment City Council per Section 4.4 of this chapter on the basis of hardship. m. Existing Non-Conforming Uses and/or Structures: All uses that are in existence at the time of this Landscape ordinance, which do not meet the requirements provided herein, will be considered as being nonconforming to these landscape requirements. These nonconforming uses/structures will be subject to the non-conforming provisions of Chapter 3 – Land Use of this Land Development Code, unless otherwise provided for in this Section. A variance to landscaping requirements may be granted, regardless of areas of noncompliance, upon completion of the following: 1. Provide the City Manager or his appointed designee with a landscape plan prepared by the landscape architect for review and approval. 2. Said landscape plan will illustrate a plan to landscape area as available, provide for irrigation, and provide for completing the plan. 3. The installation of landscaping as indicated by the landscape plan is completed and approved by the city manager or his appointed designee. Commented [BB4]: Reworded paragraph to clarify intent Commented [BB5]: Give authority to P&Z Commission and City Council Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 7 Section 4.7 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-01-1295 08/21/01 Landscaping adjacent to Colleyville Boulevard O-03-1408 07/15/03 Maintenance regarding building vacancy Exhibit “4-A” - Street Yard Landscaping Requirements Exhibit “4-B” Exhibit “4-C” Landscape Requirement for Head-in Parking Description of Dripline Land Development Code City of Colleyville, Texas Chapter 4- Landscaping & Buffering Page 4 - 8 Exhibit “4-D” Rear and Side Landscape Buffer Requirements With Fire Lane Provided Exhibit “4-E” Rear and Side Landscape Buffer Requirement Without Fire Lane Provided Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 1 Chapter 6 Commercial Design Standards Amended 12/13/2011 Section 6.1 Purpose of This Chapter The purpose of this Chapter is to establish rules and regulations for development of commercial and institutional properties and for the exterior design and exterior building materials of commercial and institutional buildings in all zoning districts. Section 6.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: 1. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 2. Chapter 211 – Municipal Zoning Authority of the Texas Local Government Code, which authorizes a municipality to divide a municipality into districts and, within each district, regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land. 3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 6.3 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 6.4 Building Design Standards 1. Applicability: For any new commercial and institutional buildings, or additions or alterations exceeding 50% of the building improvement value based on the current certified tax roll, the following standards apply. For institutional buildings, if no relevant appraisal data exists on the certified tax roll, the building improvement value shall be obtained through an independent third party appraiser, paid by the building permit applicant, and provided to the City. 2. Façade Articulation - All large commercial buildings shall have facades which comply with the following requirements: a. Horizontal Articulation – No building façade visible from a public street or parking area shall extend horizontally greater than three (3) times the height of the wall without having an off-set of not less than fifteen (15%) percent of the wall’s height as shown on the attached Exhibit “A”, and such off-set shall continue for a minimum distance equal to at least twenty-five (25%) percent of the length of the longest adjacent plane. b. Vertical Articulation – No building façade visible from a public street or parking area shall extend horizontally for a distance greater than three (3) times the height of the wall unless the wall contains at least one of the following features and every front building façade shall have no less than two of the following features: Commented [BB1]: These standards taken from the Large Commercial Building standards found in Chapter 3. Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 2 (1) Parapets which change the roof line. The parapet height shall be a minimum of fifteen (15%) percent of the wall’s height, and such height change shall continue for a minimum distance equal to at least twenty-five (25%) percent of the length of the longest adjacent plane. (2) Overhanging eaves, extending no less than three (3) feet past the supporting walls. (3) Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or equal to one (1) foot of vertical rise for every one (1) foot of horizontal run. (4) Three or more roof slope planes. (5) A covered walkway along a minimum of fifty (50%) percent of the front façade length. 3. Side and Rear Facade Features – Side and rear building facades, which are not visible from a public street or parking area, shall include a minimum of three architectural changes, such as: (1) a changing plane not less than five (5) feet in width and eighteen (18) inches in depth, (2) a surface material change of not more than thirty (30) feet in length, as measured horizontally, or (3) a combination of these elements. Exhibit “A” Façade Articulation 6.4. REQUIREMENTS For any new commercial and institutional buildings or, additions, or alterations exceeding 50% of the building improvement value based on the current certified tax roll , it shall be the duty of the administrative official responsible for review of site plans to calculate the design score for all commercial and institutional buildings as part of the building permit and site planning process. For institutional buildings, if no relevant appraisal data exists on the certified tax roll, the building improvement value shall be obtained through an independent third party appraiser, paid by the building permit applicant and provided to the City. Paragraphs A through G are the basis for the design calculation to meet the requirements of the design standards. The provided worksheet shall be attached to all commercial and institutional building plan submissions for review. The final design will be evaluated by the staff on a pass/fail basis. Commercial/Institutional Building Design Factors Work Sheet A. Façade Articulation Variables (10 total possible points – See Figure 1 and 2 below) Commented [BB2]: The calculations for building score are very complicated and very hard to understand. Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 3 1. L = Length in feet of building perimeter visible from the street. ________ ft. 2. F = Length of the longest horizontal straight section of the exterior façade visible from the street. ________ ft. In order to determine that any two horizontal straight sections of wall in the same plane are separate walls: a. There shall be an intervening physical separation of space or other wall sections which separate the two subject walls by not less than three feet. b. The average offset distance of the intervening space and/or wall section shall be not less than one foot from the subject plane. c. The total perimeter beam length of the intervening space and/or wall section shall not be less than five feet. d. Materials used within the intervening separation may not be identical to materials used in more than one of the two same plane test sections e. Any two or more same-plane wall sections which do not meet all of the requirements of Paragraphs a, b and c above shall be determined to be part of one complete wall section. 3. A = Articulation ratio or L/F = ____________ 4. Ka = Articulation Score = A x 2 = _____________ (Sum) Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 4 B. Vertical Departure Variables (10 total possible points – See Figure 3 below) 1. P = Total surface area of a projection of all surfaces visible from the street and which are relative to the four vertical planes of an imaginary cube which would enclose the building. _________________ s.f. 2. R = Total surface area of a projection of all sloping or vertical surfaces visible from the street of the building relative to the four vertical planes of an imaginary cube which would enclose the building. ____________ s.f. For the purpose of the calculation of “R”; a. Buildings with principal wall sections which are generally rectangular must be aligned so that principal wall sections are parallel to a face of the test cube. b. Only those surfaces which slope at an angle of not less than 15 degrees nor more than 75 degrees from the vertical plane may be included in this area calculation. c. Circular, convex or concave regular surfaces which are offset at the central point of the curve by not less than one foot from the vertical surface and have a central angle of not less than 60 degrees may also be included. d. Q = Number of test cube vertical surface projections (1,2,3 or 4) visible from the street. ____________ 3. V = Vertical departure ratio or R/P = ____________ 4. Kv = Vertical Departure Score = 10 x V = ____________________ (Sum) Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 5 C. Shade Coverage Variables (10 total possible points – See Figure 4 below) 1. S = Total covered but unenclosed structural exterior area attached to the building as measured in square feet on a horizontal plane. ____________ s.f. a. The floor area of covered exterior balconies may be included. Attached canopies, porches, verandas, and other shade oriented structural design features may also be included. b. The area under detached canopies shall be excluded. 2. G = Total area of the interior ground floor of the building. ____________s.f. 3. C = Shade coverage ratio or S/G = ______________ 4. Kc = Shade Score = 100 x C = ________________ (Sum) Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 6 D. Horizontal and Diagonal Roof Planes Variables (10 total possible points – See Figure 5 below) 1. F = “F” as previously calculated in Paragraph A(2) above. _________ 5% of F = ____________ 2. E = Total visible horizontal and diagonal eave planes, ridge planes and/or parapet top planes on the building. ______________ For the purpose of this paragraph: a. Two eaves in the same horizontal plane but which are separated by not less than 5 percent of “F” shall be considered separate planes. b. Two parapets in the same horizontal plane but which are separated by not less than 5 percent of “F” shall be considered separate planes. c. A parapet with a wall length of less than 5 percent of “F” shall be considered a crenellation and shall not be counted as a parapet. d. For every five crenellations, regardless of elevation, one equivalent plane may be added to the calculation of total planes. In like manner, one crenellation shall equal 0.2 horizontal / diagonal planes. e. For an eave, canopy or mansard which overhangs the vertical surface of the building by not less than 18 inches, one plane shall be counted for the outer edge of the eave and one plane shall be counted at the intersection of the eave and the wall. Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 7 f. One plane shall be counted for each diagonal ridge or edge of a sloped roof and, if the edge is also an eve which overhangs the wall by not less than eighteen (18”) inches it shall be counted as two planes. g. For mansards which wrap around a building corner, planes shall not be counted as separate unless there are actual changes in elevation. h. Two parapet tops which intersect at 90 degrees in the same horizontal plane shall be counted as separate planes. 3. Q = Total # of surfaces visible from the street as identified in Paragraph B(2)(d) above. ____________ 4. H = Horizontal / Diagonal Planes Ratio or E/Q = ________________ (Sum) E. Fenestration Variables (10 total possible points) 1. W = Total number of windows, doors, and other openings into the structure through which light may pass. _____________ For the purpose of this paragraph each opening must be framed on the sides, top and/or bottom by structural building materials with a surface area equal in the aggregate to not less than 50 percent of the surface area of the opening. 2. Q = As previously calculated in Paragraph B(2)(d) above. ______________ 3. N = Fenestration Ratio = W/Q = ____________ (Sum) F. Total Design Score: Add all sum scores above to reach a total design score. The submission will be evaluated by the reviewer and a score provided. The reviewer will review as part of your submission your scoring provided based upon your design submission. Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 8 G. Minimum Design Score Requirement: Notwithstanding any variance per Section 6.6 below, the minimum design score for all commercial and institutional buildings constructed as provided for by this chapter shall be 30 in all zoning districts, except that the design score may require a higher or lower value as a condition of a Special Use Permit or Planned Unit Development zoning district as authorized by the City Council. Zone – CN CPO CC1 CC2 CC3 ML Score – 30 30 30 30 30 30 Section 6.5 Exterior Building Color and Material Requirements 1. Exterior Surface Materials – A minimum of ninety (90%) percent of each exterior wall surfaces, excluding door and window openings, shall be constructed of clay-fired brick, native stone, cast stone, or a combination of these materials. Tilt - up concrete construction is permitted, provided the exterior surface is covered with clay-fired brick, native stone, cast stone, or a combination of these materials. Stucco and EIFS (Exterior Installation Finished System) are permitted for not more than ten (10%) percent of the exterior surface. Concrete block, split-faced block or cinder-block shall not be acceptable. Proposals for surface materials with similar durability and appearance of clay-fired brick, native stone, or cast stone may be considered.Materials: The exterior walls of all commercial and institutional buildings constructed as provided for in this chapter shall be composed of 100% percent masonry, glass, or other equivalent material. However, building accents such as wood, EIFS, Hardie Plank or decorative metal trim are permitted such they do not exceed 15 percent of the total exterior wall surface area. Mixing of more than one type of masonry material for exterior walls is encouraged. For the purposes of this chapter, approved non-glass, masonry materials may include brick, finished concrete, stone (natural and man-made), and cementitious stucco. Unfinished concrete masonry unit products such as cinder block or tilt-wall sections are permitted but must have an architecturally finished surface such as split-face, rusticated, natural stone, etc. 2. Exterior Surface Colors – The exterior surfaces shall be of a natural finish, provided the colors are, subtle, or neutral colors. Trim and accent areas may be painted and feature brighter colors, including primary colors, but not more than ten (10%) percent of the wall surface area. High intensity or fluorescent colors are prohibited.Color: Primary exterior wall colors shall contain natural colors that reflect the natural environment of the cross-timbers prairie including soils and vegetation. Fluorescent colors are prohibited. Building elevations showing the proposed exterior wall color shall be submitted with the site plan application at the time of new construction as provided for by this chapter. Any applicant for a building that does not meet the requirement of this section as determined by the Community Development Director may request a variance to the Director’s interpretation per Section 6.6 8 below. a. For commercial and institutional buildings that exist as of the passage of this section, upon the repainting and/or alteration of any structure, the paint and material color shall comply with section 2 above. 3. Exposed Columns – Exposed structural support columns shall be constructed of, or clad in, the same material as the principal structure. Architecturally significant columns (e.g. fluted, etc.) may be permitted. Section 6.6 Additional Development Regulations 1. Low Solid Wall: A solid wall constructed of clay-fired brick, native stone, cast stone, or a combination of these materials, not less than thirty (30) inches in height as shown on the attached Exhibit “B” shall be provided where parking is provided adjacent to a street right-of-way. Said wall shall be constructed generally parallel to and twenty (20) feet from the street right-of-way. Commented [BB3]: Taken from the Large Commercial Building standards in Chapter 3 Commented [BB4]: Corrected reference due to new sections Commented [BB5]: Taken from the Large Commercial Building standards in Chapter 3 Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 9 2. Delivery / Loading Spaces – All delivery and loading spaces shall be screened from public view from a street right-of-way or an adjacent residential property by an eight (8) foot to ten (10) foot tall solid screening wall constructed of like material to the building. Additional evergreen planting materials shall be provided so that no more than two-thirds of the surface area of the solid screening wall is visible from the street or residential property. The live (evergreen) plant screening shall consist of shrubs, a minimum of three (3) feet in height when planted, and which can be expected to reach six (6) feet or greater in height within three (3) years of planting. Shrubs shall be spaced so that there shall be no gap greater than four (4) feet between mature plant materials. No delivery or loading area shall be operated between the hours of 11:00 p.m. and 6:00 a.m. Parking of delivery vehicles shall not exceed 48 hours duration. 3. Outdoor Display Areas – Outside display of merchandise shall not be allowed unless allowed by a Special Use Permit (SUP) approved by the City Council, provided that it shall be limited to an area within eight (8) feet of the front wall of the primary building and further provided that emergency pedestrian access to the building is not blocked. When allowed by SUP, no merchandise shall be displayed between the hours of 11:00 p. m. and 6:00 a. m. For purpose of this regulation, the front wall shall be the front containment wall of the structure and not the front of an overhanging walkway cover. 4. Outside Storage and Sales Areas – There shall be no outside storage or outside sales areas of landscaping materials, plants or general merchandise, except for an outside display area, as provided in the above paragraph. For purpose of this regulation, nothing shall prohibit the sale or display of landscaping materials, plants or general merchandise located behind an enclosed solid screening wall constructed of like materials to the building, provided merchandise is not visible above the top of the screening wall. 5. Cart Storage – All shopping cart storage areas shall be contained within the primary building. Temporary shopping cart parking within parking areas shall be allowed, provided the temporary enclosures shall be ornate and appropriately designed and that the carts are removed to within the primary building on a frequent basis. Solid Wall Exhibit “B” Section 6.7 Non-Residential Outdoor Lighting Requirements A. Purpose Efficient and effective outdoor night lighting benefits everyone and enhances the City's nighttime character. New lighting technologies have produced lights that are extremely powerful, and these types of lights may be improperly installed so that they create problems of excessive glare and light trespass that reduce residents' privacy. Excessive glare can be annoying and may cause safety problems. There is a need for lighting requirements that recognize the benefits of efficient and effective outdoor lighting and provides clear guidelines for its installation so as to help Commented [BB6]: New proposed Outdoor Lighting Standards Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 10 maintain and complement the City's character and which strives to provide linkage between the built and natural environment and acknowledges and sustains the unique nature of the City's corporate-commercial, suburban and rural lifestyles. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of the City. B. Objectives Outdoor lighting for nonresidential uses and multifamily uses has the following objectives: 1. It is intended to reduce the problems created by improperly designed and installed outdoor lighting in those areas zoned for nonresidential uses and multifamily uses; 2. It is intended to eliminate problems of glare and minimize light trespass by establishing regulations which limit the area that certain types of outdoor lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the town; 3. All lighting installed in nonresidential uses and multifamily uses should be designed with the idea of being a good neighbor, thereby eliminating or reducing unnecessary direct light from shining onto abutting properties or streets; 4. It is the declared purpose of this subdivision that nonconforming luminaries be eliminated and be required to conform to the regulations of this subdivision within a reasonable time. C. Applicability 1. New fixtures or additional lighting. This subdivision shall apply to all installations of new fixtures or additional lighting to any new or existing nonresidential or multifamily use or structure. 2. Nonconforming Lighting. Luminaries installed prior to the adoption of the ordinance from which this subdivision is derived shall immediately be re-aimed or shielded such that the fixture no longer creates a nuisance as defined in section xx. Shielding may be accomplished by louvers, baffles, visors, or shields placed on the luminaries, or any other method whereby the light therefrom does not constitute a nuisance as defined in section xx 3. Exemptions: (a) Street lighting installed by a governmental agency for public benefit on public rights-of- way; or (b) Public outdoor recreational sport fields and sport courts complex. D. Enforcement The enforcement of the rules and the provisions of this subdivision shall be by the Administrative Official, or his duly appointed representative. E. Measurement 1. Metering Equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. 2. Method of footcandle measurement. The meter sensor shall be not more than six inches above ground level in a horizontal position. The reading shall be taken only after the cell has been exposed long enough to provide a constant reading. F. Prohibited Lighting The following lighting is prohibited. No owner or occupant of land shall permit any of the following conditions to exist: 1. An unshielded light source, including bare bulbs, above 15 watts, except for temporary seasonal lighting; 2. The operation of searchlights, strobes, or pulsating lights; 3. The use of low pressure sodium bulbs as a light source; Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 11 4. The use of a partial cutoff light source; 5. The use of a drop lens; 6. Luminaires located within the compatibility buffer between dissimilar uses; 7. Any luminaire that produces a disability glare; 8. Any light or combination of lighting that creates a nuisance as defined in section xx; 9. Any lighting installed to illuminate an unimproved surface or private outdoor recreational activities that exceeds requirements set forth in this statute without an approved variance, as set forth in this statute. G. Height for light pole standards Maximum height for light pole standards shall be as follows: 1. In parking areas containing zero to 150 parking spaces, maximum height of lighting pole standards shall not exceed 25 feet. 2. In parking areas containing 151 or more parking spaces, maximum height of lighting pole standards shall not exceed 35 feet. H. Building mounted lighting All building mounted luminaires exceeding 15 watts shall be directed down with a full cutoff fixture. I. Floodlighting 1. Luminaires used for floodlighting shall not direct the luminance above the facade of the object being lighted. 2. Spotlights and floodlights mounted overhead on poles or building walls and used for area lighting, including but not limited to residential areas, shall be installed so that the fixture is full cutoff as defined herein, with no light above 90 degree nadir. J. Building Entry Points At all building entry points average projected footcandle readings as determined by the point method photometrics shall not exceed a measurement of five footcandles. K. Canopy lighting All canopy lighting shall be fully recessed fixtures with full cutoff lens and shall not exceed 45 footcandles at any point under the canopy. L. Spacing 1. In parking areas containing zero to 150 parking spaces, minimum spacing of lighting pole standards shall be no less than two times the height of the standard. 2. In parking areas containing 151 or more parking spaces, minimum spacing of lighting pole standards shall be no less than four times the height of the light standard, a ratio of 4 to 1. M. Parking area lighting Parking area lighting shall not exceed a measurement of 15 footcandles at any point in the parking area. The average projected footcandle reading as determined by the point method photometrics shall not exceed two footcandles. N. Residential Adjacency Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 12 Where properties with a residential use or zoning, other than Agricultural, are adjacent to a commercial site, the maximum lighting intensity shall not exceed 0.5 footcandles. O. Penalty 1. Any person violating any provision of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine as provided in section 1-13. A separate offense shall be deemed committed of each day during or on which a violation or failure to comply occurs or continues to occur. 2. A footcandle reading, as performed in accordance with section 98-1124, in excess of those amounts defined as a nuisance in section 74-3, shall be prima facie evidence of a violation of this subdivision. O. Variance 1. A variance as to the height restriction may be permitted by the town council for the replacement of luminaries installed prior to the adoption of the ordinance from which this subdivision is derived if such luminaires are damaged, destroyed, or otherwise become inoperable. 2. A variance is permissible for such replacement luminaries only in those situations where more than one luminaire existed prior to the adoption of the ordinance from which this subdivision is derived. The town council may grant a variance, upon application by the property owner or his designee, if the town council determines that the replacement of a damaged, destroyed, or otherwise inoperable luminaire with a luminaire conforming to the height requirement set forth in this subdivision would: (a) Create a nuisance as defined in section 74-3; or (b) Be aesthetically inconsistent with the remaining luminaires in determining whether a replacement luminaire would be aesthetically inconsistent, the City Council may consider the following factors: - The location of the replacement luminaire on the subject property; - The type of construction material of the replacement luminaire; - The location of the subject property; and - The outdoor lighting used on adjacent and surrounding property. 3. Notwithstanding these provisions, under no circumstances may the replacement luminaire exceed 35 feet in height. Q. Architectural lighting of buildings and structures For spotlights and floodlights mounted at or near ground level and used to light a building wall, sign, or other structure, the axis of illumination shall be adjusted to minimize the amount of light escaping above, below, and to the side of the illuminated object. R. Architectural lighting of landscaping Landscape lighting installed for nonresidential uses and multifamily uses shall be installed according to the following: 1. Any lighting that is to be placed in the canopy of a tree shall be directed in a downward position to simulate natural light received by the area. 2. The fixture shall be shielded so that all of the light is directed downward and shall not be directed toward the tree, to reduce light intrusion. 3. All proposed lighting that is to be placed in a tree shall be affixed to the trunk or branch through the use of an adjustable bracketing system that will allow for the continued growth of the tree. Land Development Code City of Colleyville, Texas Chapter 6-Building Design Page 6 - 13 4. The mounting height of landscape lighting shall not exceed 25 feet. 5. No lighting shall be bolted, nailed, or glued to the trunk or any appendages of the tree, and such unauthorized attachment will be treated as a violation of chapter 94, Vegetation, of the town's Code of Ordinances. Section 6.6 6.8 Variances; Architectural Review Commission, City Council A. A person may request a variance from a requirement contained in Chapter 6 – Commercial Design Standards by filing said request with the administrative official. A request for a variance shall be accompanied by a non-refundable application fee. A request for variance shall be referred for consideration to the Architectural Review Commission (ARC) for a recommendation to the City Council. The variance procedure shall proceed as follows: 1. Submit a variance application and pay applicable fee. No action shall be taken on any application submitted to the ARC until all applicable fees have been paid in full. No refund of any application fee shall be made after the request has been advertised and scheduled for consideration by the Commission and City Council. 2. Not later than 30 days from date of the application, a quorum of the Architectural Review Commission (ARC) shall convene a meeting to review the variance request; 3. Public Hearing and Written Notification – No action to approve or deny any application shall be taken until the Commission has held a public hearing and received comment, and only after written notice of the public hearing of the date, time and place where the variance request is to be considered has been sent to the owners of real property lying within two hundred (200) feet of the property where the application is being considered. Such notice shall be given to each property owner as listed on the last approved tax roll not less than ten fifteen (1015) days before the date set for hearing by depositing letters properly addressed and postage paid in the United States Post Office 4. Appeal toFinal Action by City Council – The decision recommendation by the ARC shall be finalforwarded to the City Council for final decision at the next available agenda for consideration by the City Council., unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission. The administrative official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant’s appeal request on the next available agenda for consideration by the City Council. Section 6.7 6.9 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-11-1818 12/13/2011 Amendments to design standards; addition of exterior material and color requirements; amendments to variance procedures and addition of architectural review committee Commented [EW7]: Re-number section Commented [BB8]: Per Council direction, City Council to be final approval/denial Commented [BB9]: Standard policy today Commented [EW10]: Re-number section