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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-11/8/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com cts~ ~ ~a .~ 7k.~~ Meeting Agenda Monday, November 8, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~~- City of Colleyville T~ - ~~~~ ~~ '~~ Meeting Agenda F.!xa Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 8, 2010 6:15 PM City Council Chambers 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 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Davis 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES October 25, 2010 6. SWEARING IN OF RE-APPOINTED MEMBERS Ron Rotthaus, Place 1 Jeff Byerly, Place 2 David Phelps, Place 4 7. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 1 Printed on 10/28/2010 Planning and Zoning Commission Meeting Agenda November 8, 2010 8. 8a 9. PUBLIC HEARING AGENDA ITEMS Approval of an amendment to the PUD development conditions for the Village Front Door Addition zoned PUDC-Planned Unit Development Commercial located at 5204 and 5232 Colleyville Boulevard, Case ZC 10-028 ENT I hereb ertify the~bove agenda was posted on the bulletin boards at City Hall on Frid ,November 5, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant Cify of Colleyville Page 2 Printed on 10/28/2010 '~` "" City Hall -~ -~ City of Colleyville 100 Main Street ~q~d ~ Minutes -Draft Colle$ ~e503.1000 034 7~`.., www.colleyville.com Planning and Zoning Commission Monday, October 25, 2010 6:15 PM City Council Chambers 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 1 CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 25, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Scott Redfearn 3. INVOCATION The invocation was given by Commissioner Phelps. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the October 11, 2010 meeting minutes with the grammar corrections made in the Pre-Session. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 11/1/2010 Planning and Zoning Commission Minutes -Draft October 25, 2010 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Davis, Rotthaus, Phelps, Byerly Absent: 1 - Redfearn 6. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to David Wheelwright, Place 3. 7. ELECTION OF OFFICERS Commissioner Rotthaus moved to approve Commissioner Byerly as Chairman of the Commission. Commissioner Davis seconded. Commissioner Phelps moved to approve Commissioner Dudziak as Vice Chair of the Commission. Commissioner Davis seconded. Commissioner Byerly moved to approve Amy Shelley as the Recording Secretary of the Commission. Commissioner Davis seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE Commissioner Byerly moved to reappoint Commissioners Dudziak and Rotthuas to serve on the Park Land Dedication Committee. Commissioner Davis seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 10. PUBLIC HEARING AGENDA ITEMS 10a Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 1, Block 1 of the Tara Addition located at 1101 Cheek Sparger Road, Suite 107A, Case ZC10-027 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:13 p.m. Russell Carr, the applicant, came forward to present the case and brief City of Colleyville Page 2 Printed on 11/1/2010 Planning and Zoning Commission Minutes -Draft October 25, 2010 the Commissioners. Commissioner Byerly questioned Mr. Carr regarding if he is going to use the existing pylon sign. Mr. Carr replied not at this time. Commissioner Davis questioned Mr. Carr regarding a floor plan. Mr. Carr presented one on the overhead for everyone to view. Commissioner Rotthaus questioned Mr. Carr regarding the number of employees. Mr. Carr stated he would have two employees present at all times. Angela Kahle, 1605 Kingswood Lane, Colleyville, spoke in opposition to the request with concerns of the location being next to children. Marla Valle, 3903 Copperwood Court, Colleyville, spoke in opposition to the request with concerns of the location being next to children. Josh Falls, 1117 Woodvale Drive, Bedford, spoke in opposition to the request with concerns of the location being next to children. Joanne Torres, 3904 Copperwood, Colleyville, spoke in opposition to the request with concerns for traffic and safety. Naomi Cleghorn, 4006 Copperwood Court, Colleyville spoke in opposition to the request with concerns for safety. James Garza, 4006 Copperwood Court, Colleyville, filled out a speaker card but chose not to speak There being no one wishing to speak, the public hearing was closed at 7:23 p.m. Mr. Carr came forward and stated he would run a clean business. Commissioner Wheelwright questioned Mr. Carr regarding if he is currently in the lease space. Mr. Carr replied no. Commissioner Wheelwright questioned Mr. Carr regarding the number of persons he estimates each day. Mr. Carr replied anywhere between 50 and 75 persons with a bill of sale of at least $20.00 to $25.00 per person. Commissioner Wheelwright questioned Mr. Carr regarding if he currently sells liquor in his Conoco location. Mr. Carr replied no, he sells beer and wine and he stated he has about 200 customers per day. Commissioner Dudziak moved to approve case ZC10-027. City of Colleyville Page 3 Printed on 11/1/2010 Planning and Zoning Commission Minutes -Draft October 25, 2010 Commissioner Phelps seconded. Commissioner Phelps stated the Commission is to treat the package store requests as any other request with regards to the code requirements. He stated a beer and wine location was approved in this location in the past and this request meets the requirments of the code. The motion carried by the following vote: Aye: 5 - Dudziak, Wheelwright, Davis, Phelps, Byerly Nay: 2 -Knox, Rotthaus 11. ADJOURNMENT The meeting adjourned at 7:28 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 22, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 4 Printed on 11/1/2010 ,'.i ~l' tr/' City of Colleyville city Hal' (~` io 100 Main Street ~~~~ Colleyville, Texas 76034 ~~'.~,~~f Agenda rle ing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 11/08/2010 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of an amendment to the PUD development conditions for the Village Front Door Addition zoned PUDC-Planned Unit Development Commercial located at 5204 and 5232 Colleyville Boulevard, Case ZC10-028 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Building Elevations Site Plan Ordinance 0-07-1630 Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/08/2010 Planning and Zoning Commission Title Approval of an amendment to the PUD development conditions for the Village Front Door Addition zoned PUDC-Planned Unit Development Commercial located at 5204 and 5232 Colleyville Boulevard, Case ZC10-028 Explanation Jimmy Archie, of Realty Capital Corp., has submitted a request to amend Ordinance 0-07-1630 to remove Section 4(3)d under the permitted uses section. This clause states "not less than 50 percent, or 6,150 square feet, of the air-conditioned area of the first floor of Building D shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts." on approximately 2.8 acres, located at 5204, 5224, 5232 Colleyville Boulevard. Existing Zoning. Ordinance 0-07-1630 was approved by City Council on September 18, 2007. This ordinance rezoned 2.8 acres of land from CC1-Village Retail to PUDC-Planned Unit Development Commercial and allows for two buildings. The northernmost building (D) is nearing completion and is three stories. Ordinance 0-07-1630 allows this building to contain a maximum of 30 residential units on the upper two floors and requires commercial uses on the ground floor. The other building (C) is permitted for construction as a 6,900 square foot retail building. However, construction has yet to begin on this building. Ordinance 0-07-1630 allows this building to contain any use allowed in the CC1-Village Retail zoning district including office uses. _- City of Colleyville Page 1 Printed on 11/5/2010 Agenda Brietinq Continued Proposed Ordinance Amendment. The applicant is seeking to amend the existing ordinance to allow for the ability to lease the entire ground floor of building (D) as office space. Specifically, the applicant states that they have received interest from a medical family practice group that would occupy more than 50 percent of the ground floor. Master Plan. The Colleyville Master Plan designates the subject property for retail uses. Additionally, in March 2002, the City Council passed a resolution accepting the recommendations of the State Highway 26/Colleyville Boulevard Corridor Design Study as a guide for the preparation of ordinances and the establishment of policies for the future redevelopment of SH26. Goal 7 of the study states: "Where appropriate, developments should include a mix of uses, such as first level retail with second and third level residential, retail and office, and other similar mixes. Residential mixed-use developments should only be vertically mixed. " Economic Development Analysis. Although the planning policy recommendations cited above recommend retail uses, staff also recognizes the weak demand for retail given current market conditions and the applicant's need to lease commercial space in building (D) in order to make the development viable. Additionally, the City's strategic plan also recommends that medical office uses be sought by the City given their propensity for highly specialized taxable equipment and increasing the daytime population of the City. Although staff recommends denial of this request based on the policy declarations above, staff would recommend that any approval by the Planning and Zoning Commission for this request be conditioned on the requirement that building (C) be required to contain 100 percent sales tax generating uses. As stated above, building (C) is allowed to contain any use permitted in the CC1-Village Retail zoning district, which includes office uses. This condition would effectively guarantee that the development would contain a minimum amount of retail uses given the request by the applicant. This condition has been added to the proposed ordinance. Surrounding Properties. The property to the north is developed as a church and is zoned CC1-Village Retail. The properties to the west are developed as single family residential and the eastern boundary of the Village at Colleyville and are zoned PUDC-Planned Unit Development Commercial. The property to the east includes office uses and the Central Fire Station and are zoned CPO-Professional Office. The property to the south is developed as amulti-tenant retail building and zoned CC1-Village Retail. Public Notification. Staff mailed notices to 24 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Summary. The request by the applicant is not consistent with the Colleyville Master Plan or the recommendations of the State Highway 26/Colleyville Boulevard Corridor Design Study. Given the inconsistency with these policy recommendations, staff is recommending denial. However, should the Planning and Zoning Commission recommend approval, staff would recommend that, as a condition of the recommendation, that building (C) be required City of Colleyville Page 2 Printed on 11/5/2010 Agenda Briefing Continued to contain 100 percent sales tax generating uses. Recommendation Denial City of Co/leyville Page 3 Printed on 11/5/2010 {~ ~~- ~_- L i T .: ~~ Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Village Management Ltd 8333 Douglas Ave Ste 110 Dallas 75225 000012 Main St Village Managment Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000014 Main St Village Monticello Prtns Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000014 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000018 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000020 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Davidson, Charles W Etux Velma Colleyville Terrace Salon & Da Colleyville Land Investors #1 300 Meandering Ln 5201 Collyville Blvd 8333 Douglas Ave Ste 110 Burleson Colleyville Dallas TX TX TX 76028 76034 75225 005200 Colleyville Blvd 005201 Colleyville Blvd 005201 Pleasant Run Rd Rcc Village Properties Ltd Colleyville, City Of Colleyville Land Investors #1 8333 Douglas Ave Ste 110 100 Main St 8333 Douglas Ave Ste 110 Dallas Colleyville Dallas TX TX TX 75225 76034 75225 005204 Colleyville Blvd 005209 Colleyville Blvd 005217 Pleasant Run Rd Rcc Village Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005232 Colleyville Blvd First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005300 Colleyville Blvd Barnard Partners Xiii Ltd PO Box 37197 Fort Worth TX 76117 005301 Colleyville Blvd Hart, Kay Lynn foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd Miller, Louis C Etux Elizabeth 7802 Tillman Hill Ct Unit B Colleyville TX 76034 005303 Colleyville Blvd Allgood, Leslie A 16525 Preston Trail Dr Dallas TX 75248 005307 Colleyville Blvd First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005312 Colleyville Blvd Rcc Village Properties Ltd, applicant 8333 Douglas Ave Ste 110 Dallas TX 75225 005204 Colleyville Blvd Public hearing notices were mailed on Wed. Oct. 27, 2010 by Amy Shelley Statement of Planning Qbiective The purpose of this PUD zoning amendment is to remove Section 4, Condition 3 Permitted Uses, Item d. from Zoning Ordinance 0-07-1630. This clause states "Not less than 50%, or 6,150 square feet, of the air-conditioned area of the first floor of Building D shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts." The reason behind this request is to allow us to market 100% of the first floor of Building D to both office and retail users, which will give us a better chance of lease-up because it increases the number of potential users we can approach. We already know there is a demand for office space as we have received interest from a medical family practice group that would occupy more than 50% of the first floor of Building D and we warrt to have the ability to lease to them, or another user, quickly if the Sigel's SUP application is denied by the City Council. If we wait until after the Sigel's SUP application is denied to apply for this change, the zoning amendment would go through the zoning process at a later date than if we applied now. It is difficult to attract users if the zoning approval is mot already in place so we are trying to be proactive by applying now before the Sigel's decision is made. This PUD zoning amendment request will be immediately withdrawn by the applicant if the Sigel's SUP application is approved because Sigel's, which is a "use that is eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts," would occupy 100% of the first floor of Building D and the request the request to remove the 50% retail requirement would no longer be needed. i ~ ~ l ~l~i `sa.l.tn~ossd gI~~ svX~i `a~~in~ta~~o~ - - ~ ~ xooa iNOx~ ~od~~ln axz ~ - _ B ~ ~~ ~ Building Elevations ~ '. :_ ~~ ~ ~ _ ~r U -ll,-_ o V m m ' : ~~ W U Q z m _t.s ~~~ c o p ` > ~ arU'; W Z: t p :~, ~ J: O ~ -". /n m A O ry I" m lll~ ~U~ a0 ~ m (7 :. Zd ~ O Um C O A m 111 gip. 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I /~ / / ~ i i / ~ ;; ~$o~ e 3~e€ w~ /i / ~~\ i / \'! r~" /. ~~~ ~~ \~$~~, $a ~~ ~, / / I Z O I. hj WO ~V O R 4 b , . O ~ N _ WO` ddoQy ~~°p3m vQ, ~ V ti ~,~~ ~ ~ _ i d~ g ~ ~ ~ 1 11 1 \~? \ , i ~, ~ ~p ~~ 3$W~~~~~~~~~ ,~ _~ ~ \ ~ \ MA/N ST/~~ET \ ~ <€ s s= «I~ _~~ 5 0 ~,~:~>6ox a ORDINANCE 0-07-1630 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT AR AND BR, OF THE E.M. THOMPSON SUBDIVISION, AND LOT 2, BLOCK 1, FOSTER ADDITION, FROM THE CC1- VILLAGE RETAIL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-026; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, 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 affording a full and fair hearing to all the Ordinance 0-07-1630 Page 2 of 6 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 AR and BR, E.M. Thompson Subdivision, and Lot 2, Block 1, Foster Addition, from the CC1-Village Retail zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. 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 office, retail and residential uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B"; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Colleyville a Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 3. PERMITTED USES a. A maximum of 30 residential units allowed on the second and third floor of Building D, as shown on Exhibit "B". Ordinance 0-07-1630 Page 3 of 6 b. All uses allowed in the CC1-Village Retail zoning district. c. All uses shall be in accordance with the Conceptual Site Plan on Exhibit "B". d. Not less than 50%, or 6,150 square feet, of the air-conditioned area of the first floor of Building D shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. e. Any floor of Building D may be used as retail and office uses. No residential uses are permitted on the first floor of Building C or D. 4. LOT REQUIREMENTS AND SETBACKS a. Lot requirements and building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "B", shall control where such building line setback is different from the Land Development Code. 5. OPEN SPACE a. This development shall provide a minimum of 22.9% common open space, as shown on Exhibit "6". All open space areas shall be landscaped and maintained by the property owner. b. The amount of landscaping on the property shall be in accordance with Chapter 4 Landscaping and Buffering in the Land Development Code. 6. BUILDING ELVEATIONS b. All exterior building elevations shall be in accordance with the Building Elevations, labeled as Exhibit "C". 7. SIDEWALKS AND PATHWAYS a. The sidewalk along Colleyville Boulevard shall be at least 5-feet wide. The sidewalk shall be installed when any new structures are built on the property. 8. SCREENING a. A six foot high wall shall be constructed along the northern property line and shall consist of a combination of stucco and wrought iron accents. 9. PARKING a. Parking for residential units shall be calculated at 2 reserved parking spaces per dwelling unit. b. Parking for non-residential uses shall be in accordance with the parking requirements of the Land Development Code. c. This development shall contain not less than 175 parking spaces. Ordinance 0-07-1630 Page 4 of 6 'I ~. OTHER a. Any modification to the creek on the west side of the development shall be approved by the City of Colleyville Engineering Department. b. Residential units shall contain not less than 750 square feet of living area per dwelling unit. A maximum of 5 residential units are permitted to be 850 square feet or smaller. All other units will be a minimum of 851 square feet. c. The average square footage of residential units shall total 1,000 square feet. d. All residential units allowed by this ordinance shall be subject to the rules and regulations of a single condominium regime. A copy of the condominium regime by-laws, approved and filed by the Tarrant County Clerk, shall be submitted prior to the issuance of a building permit on any residential unit. e. All buildings shall have fire sprinkler and monitoring systems. f. The maximum building height shall be 3 stories with a maximum height measurement of 56 feet. g. Prior to the issuance of a Certificate of Occupancy for any building, the property shall accomplish the following: 1. Complete construction of a bridge across Pleasant Run Creek connecting the subject property to The Village at Colleyville property. Such bridge shall connect the subject property to Mission Lane, which is an existing public street in The Village. The drive connection and bridge shall be dedicated as a public right-of- way. The drive connection and bridge width shall be the same width as shown on the Site Plan. The bridge will be located where the driveway currently dead ends into Pleasant Run Creek on the Site Plan. The bridge shall be constructed with similar materials and design as the existing bridge located at Main Street. A five foot wide sidewalk shall be provided on both sides of the bridge. 2. The property owner shall make improvements to Pleasant Run Creek from the north property line of The Village PUD south to Main Street consisting of the following: removal of debris and dead trees, construction of new water retention areas, fountains, and new landscaping. 3. Complete the construction of an 8 foot wide sidewalk, that may be a minimum 6 foot wide at the discretion of the City Engineer, within Pleasant Run Creek connecting Lot 1, Block 1 Village Court Addition to the proposed bridge. 4. The project sign featured on the building will read "The Village at Colleyville". h. This zoning ordinance shall be automatically repealed if a preliminary plat or preliminary drainage analysis is not approved within eight (8) months from the date of approval of this zoning request. Ordinance 0-07-1630 Page 5 of 6 Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. 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. 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. D IT IS SO ORDERED. first reading and public hearing being conducted on the o2/ Srday of 2007. second reading and public hearing being conducted on the ~~ day of ,o.~im~t 2007. CITY OF COLLEYVILLE ;hia Singleton, TRMC, CMC Secretary ~"`~'' ~ David Kelly Mayor Ordinance 0-07-1630 Page 6 of 6 APPROVED AS TO FORM AND LEGALITY: ~~C~-`~1~ w' Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH Exhibit B -Conceptual Site Plan ~ i i ~ I ~ ~ ~ ~~ M i Exhibit C-Building Elevations ORDINANCE 0-10-XXXX AN ORDINANCE AMENDING ORDINANCE 0-07-1630 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-07-1630 on September 4, 2007, to establish the zoning of Lot AR and BR, of the E.M. Thompson Subdivision, and Lot 2, Block 1, Foster Addition; and WHEREAS, the City of Colleyville has requested an amendment to Ordinance 0-07- 1630, under Case Z-10-028; 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 amending Ordinance O- 07-1630. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of the Village Front Door Addition, depicted on Exhibit "A" and Exhibit "B". Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. Ordinance 0-07-1630, Section 4(3)d is hereby removed and deleted. b. Not less than 100 percent of the air-conditioned area of Building C depicted on Exhibit "B" shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-07-1630 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit "A" Exhibit "B" F I 3.`. ~ ~ ~ j ~ I i }fi{r& ~ ~ i i ~ .~ ~ i ,.5 +~ ,- ~ v ,... E w ~ ` 2 w_ - _, .- o . ~_ c t ' ~ --~ ~ ~ "' l i ,.,,a ,* '~ ~ ~~ _: a _~ ,. ~ ~ - r .. ~~ ,. ._ ~. ~ ~, ~3~` a T c Z Q b """'~I a ~„, ~ o ~ a ~+ i~~ oa f "way :~ .. .. 4 ~ ~ ~ ~ ~ .~ 1 ~ tSgB s i E Y1 Y.; i . i. ~. .__ f ~ ~ ~ ° - Y ~ ~. a+ 5 ~~y C~ i i /~\ r i v ~ { ~~= ~.;--< ~~~ 1 - ~' t ".'; ~--' ~' =h ~~ .~ ~, ,, z_! ~, ~ *~ z s i `. ~ ,, ~ ~ nY I y L \\ ' ,. :; x S ~ y i g~: a 's # ~ f \ ..._.... "a. \ '~ s. = .. .. ~ ., .,~ '.. MAfN STRPET