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Home My WebLink AboutOrdinances (Ordinance O-18-2062)-11/05/2018ORDINANCE 0-18-2062 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.9924 ACRES ON LOT 1, BLOCK 1, OF THE CHANDLER ADDITION, LOCATED AT 1701 JOHN MCCAIN ROAD FROM THE ML LIGHT MANUFACTURING ZONING DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; 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. ZC18-025; 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 affording a full and fair hearing to all the property owners Ordinance 0-18-2062 Page 2 of 4 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 0.9924 acres on Lot 1, Block 1, of the Chandler Addition, located at 1701 John McCain Road from the ML Light Manufacturing zoning district to the PUD-C Planned Unit Development Commercial zoning district, 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. The purpose of this PUD-C is to allow the use of general office and medical office in the existing building. b. This development shall be generally consistent with the Statement of Planning Objectives, Exhibit "B". c. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. 2. Schedule of Proposed Uses a. The development shall be generally consistent with the schedule of proposed uses, Exhibit "C". Ordinance 0-18-2062 Page 3 of 4 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of October 2018. The second reading and public hearing being conducted on the 5th day of November 2018. Ordinance 0-18-2062 Page 4 of 4 PASSED AND APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE STH DAY OF NOVEMBER 2018. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Absent Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Absent Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE I Christine Loven, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Whitt Wyat City Attorney Richard Newton Mayor Exhibit "A" - Location and Zoning Map 7205 7205 7201 7200 7201 7206 7207 720: -R 7203 F1701 PRINCE MEADOW DRIVE R-20 1705 1709 1713 1801 1805 1809 1813 7201 7109 3OHN! Whd- 7022 W 7017 Q W 7013 O 7009 19 7024 m N 7019 7010 7005 7020 _ 7015 7006 7001 7016 1717 7011 7002 7012 p�E 1713 7007 jNE�M 1709 7008 CEP 1705 7030 1701 1625 7004 1621 1617 1613 7000 1609 1605 1703 1601 tans ITY °" ZC18-025 COLLEYLLE 1701 John McCain Road NE DISCLAIMER. This map and Information contained In It were developed exclusively for use by the City of Colleyvllle- Any use or reliance on this map by anyone else Is at that partys risk and without liability to the City of Colleyvlle, Its officials or employees for any Subject Property discrepancies, ertors, a variances which may exist Exhibit '"B" - Statement of Planning Objectives Statement of Planning Objectives COMMUNITY DEVELOPMENT SERVICES APPLICATION Planned Unit Development (PUD-C) Rezoning Request Property: 1701John McCain Road Zoning Change Request from ML to PUD-C Applicant / Property Owner: EVP Realty, LLC and business entity Enhanced Voice Processing (EVP) occupies the Property. ZONING UNIBR MR ZONING CHANGE PEOVEST FROM ML TO MU Statement of Planning Objectives STATEMENT OF PLANNING OBJECTIVES Applicant Is submitting the request for rezoning to PUD{ to provide greater flexibility for this property that can only be accomplished with a combination zoning districts provided with a PUD. Requested rezoning will eliminate some existing permitted uses within ML that are not as destrableable (example: automotive related, pawn shops, etc.) and enwu rage more efficient and aesthetically desirable uses with combined zoning districts based on the size, location, existing Improvements, etc. of the Property. Additionally, there are existing permitted uses In the ML zoning that the Applicant is offering to strike In consideration of the PUD{ approval to Include CPO permitted uses for the property. Due to the design and existing structure of the bulldin& it Is highly suited for office and medical related uses Included in CPO zoning category and not permitted In ML. The property is adjacent to existing residential. The PUD-C zoning modification would create a transitional zoning from Residential to PUD-C (which would include CPO permitted uses and modified ML permitted uses for transitional purposes) and then ML zoning to the east. This property additionally has an abundance of treesAandscaping and green open space and the likely highest and best use would be an off ice or medical related use. Consequently, Applicant is requesting modification to zoning to accommodate those revised permitted uses. Applicant Is not requesting change to the General Development Standards set forth in the Land Development Code. DEVELOPMENT SCHEDULE Existing Improvements —commercial building. No subsequent stages or phases are expected to begin at this time. PROPOSED OWNERSHIP No change In ownership. Current Ownership is EVP Realty, LLC. (real estate holding company). Occupied by Enhance Voice Processing (EVP). WNING EXHIBIT FOR ZONING CHANGE REMEST FROM ML TO PUOL Statement of Planning Objectives UTILITY PROVISIONS Existing improvements — no modifications to the existing public utilities are required. ECONOMIC DEVELOPMENT INFORMATION No increased economic impact anticipated at this time. Existing use is primarily office/showroom. TRAFFIC IMPACT ANALYSIS Not required. Existing development does not generate significant trips per day and no proposed uses with PUD-C permitted uses would generated the required 1,000+ vehicle trips per day, as determined by the Director of Public Services for this 1 acre parcel with an existing 5,100 sf commercial building. ZONING EXHIBIT FOR ZONING CHANGE REQUEST FROM Ml TO PUD-C Schedule of Proposed Uses PUD - Rezoning Application Property Address: 11701 John McCain Road, Colleyvillel PUD-C / Requested Permitted Uses CPO All standard Uses plus Modified ML Uses Table 3.24.E - - Schedule of Permitted Principal Uses Land Use Classification Non -Residential Districts CPO CN CC1 CC2 I CC3 ML Proposed PUD-C ACCESSORY USES C.....ARtq . /`n...a-.I.. (4t o -s % UTILITY USES S S S S S S S o ti . c -_ „/ctWage v_.a_ S S S S e! S S gelid Waste Dispesal In/:-J n.:....., i^_......FAte-.. S S S S S S Public and Institutional Uses r,. e@e _- I-1......Wes C C rJ' S S S S r..mm. RityQF/R ,, GemteFs 42 {i 41 iZ P 112 C:-.. n.Stations P 42 1 TT T 42 TT T P 41 Tp Tn n T G&A nn..:..a,.-..mee C....: L'a:... p T pT TT Tn Tp Tp 42 T III' n nT P T T n T n T n T Museums it FL 43 42 41 42 Pest Off lee 41 FL 42 42 Ft 42 Ft O.,-.5 and npeR f..aee n.eaS T iZ T 42 Jl it T Publie PFi,oate 0..heel FlepAeMaFy CO C CO C c C O C C Zoning Exhibit for Zoning Change Request from ML to PUD-C Schedule of Proposed Uses Table 3.24.13 - - Schedule of Permitted Principal Uses Land Use Classification Non -Residential Districts Proposed CPO CN CC1 CC2 CC3 ML PUD-C Public and Institutional Uses (Cont.) w P P P P P P P P P P P P P P Office Uses Accountant's Office P P P p p p Advertising Agencies P P p P p p Attorney Offices p p p p p p Chiropractic Clinics p p p p E...._-.._-_.. Gli..l_ HA L._\ [p` Engineering, Architect's and Surveyor's Offices P P p p p p General Business offices not listed elsewhere P p p P p p Insurance Agencies P p p p p p Management and Public Relations Services Offices P p P p p p Optometrist Offices P p p p p Psychologist Offices P P p P p p Physician's or Dentist's Office P P p p Real Estate Agency Offices P P P P p p Security Broker Offices P P P P p p Telemarketing Offices p p p p Title Abstract Offices P p p p p p Trade or Business Schools S $ $ P P Travel Agency/Airline Ticket Offices. p p p p p p Zoning Exhibit for Zoning Change Request from ML to PUD-C Schedule of Proposed Uses Table 3.24.E - - Schedule of Permitted Principal Uses Proposed Land Use Classification Non -Residential Districts CPO CN M CC2 CC3 ML PUD-C Retail and Service Uses Alcoholic Beverage Sales -on Premise Consumption S S S Package Store Sales-OffSales-Off Premise Consumption S S S Antique Stores P P Apparel/Accessory Store P P Arts/Crafts/Hobby Shops P P Bakery Stores P P Bans r. nions Financia Institutions P P P Barber/Beauty Shops/Day Spa P P P Bicycle Shops P P }l S Books/Stationary/Greeting Card Shops P P P Camera or Music Stores P P Carnivals and Circuses S S ,-emet. Nes ..- ..-..- ! Fns S S S S S S Charitable Donation Station S S S Civic/Social/Fraternal Org. S S P S Gent' ienee Stem W1 Gas & pP -J S QQ -J Copy Centers/Print Shops S S P P P P P Dance Studio/Martial Arts S S P P P Day Care Center S S S S S S &epa4wiei� P P Zoning Exhibit for Zoning Change Request from MIL to PUD-C Schedule of Proposed Uses Table 3.24.E - - Schedule of Permitted Principal Uses Land Use Classification Non -Residential Districts Proposed CPO CN CC1 CC2 CC3 ML PUD-C Retail and Service Uses (Cont.) p... Glean(bi , to Sv en site ff P p T n r� Florist Shops P P P Food Catering P P P S FuFnitbwerApplianeeSteFes P P P Hardware/elect/plumbing w/o outside display P P P P P S eutsidedisplayS P P s S S S Hotels els P P Interior Decoration Stores P P P P p Jewelry Stores P P P Locksmiths S S P P P S Mailing and Shipping Stores P P P P P Meat or Fish Market P P P display S P P P4 Paw*414e119s P n•••,-ct Stores P P PKaFffWj S P P P Photography Studios P P P P P P P S S S P Zoning Exhibit for Zoning Change Request from ML to PUD-C Schedule of Proposed Uses Table 3.24.13 - - Schedule of Permitted Principal Uses Land Use Classification Non -Residential Districts Proposed CPO CN M CC2 CC3 ML PUD-C Retail and Service Uses (Cont.) Seftl1EE P �l P 42 P %let Cl:..:., ... /:...J..... V........4 P P PP n T Vet Glinde vv�euteleeF Kennel P P TC WeddingD O CT O Recreational and Entertainment Uses Adult Entertainment Estab. See Section 22-5 Code of Ordinances Amusement Ctr (indoors) S S AF6heF#FiFeaFR9s Ranges pp BIlllafd PaFlBF5 fcj C�j O D C D Fitness Center P P P P S P P P P P P Ge,WDFmftg-Raf+ge P P n onlature Gelf GeHFSe P p J TheateFs P P Zoning Exhibit for Zoning Change Request from ML to PUD-C Schedule of Proposed Uses Table 3.24.E - - Schedule of Permitted Principal Uses Land Use Classification CPO Automotive and transportation Uses n;F. tit HeIIP945 I S S Non -Residential Districts CN M CC2 CC3 S S S S P � S ? S S � ? P S F S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S S Proposed ML PUD-C 6 P P S S P S S S S 41 S S S S S S S S S S S Zoning Exhibit for Zoning Change Request from ML to PUD-C Schedule of Proposed Uses Table 3.24.13 - - Schedule of Permitted Principal Uses Land Use Classification Non -Residential Districts Proposed CPO CN I CC1 CC2 CC3 ML PUD-C Heavy Commercial, Industrial & Manufacturing Uses Asphalt Of r.... .fete Batd __ S S S S S S Applia File o,.paiF cl op& S S S Bldg Material Sale w/o Storage S P 41S S S uaf4 S S S Contractor Office w/o Storage Yard P P P S p &� S & _S Feed PI(g and MaFlufae4w4ftS S Furniture/Cabinet Showroom P 41S Office Showroom P P ^°/,-_moo.. S S S S S S S Scientific Instrument or Me ica De Instrument Assembly to g P AS Upholstery/Furniture Repair P P S 1e aFehebise. Pi t Pae:IRL.. -S p2 J AAAH If Rat I14...A .J.......6..-.. S S We.ding-e A r A..^^vcmmc5^e Zoning Exhibit for Zoning Change Request from ML to PUD-C