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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/12/2011City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~;r~~ ~~, -< ~-- ~~. ~~~~~. r~~:~:y- Meeting Agenda Monday, September 12, 2011 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville ~r ~1r, Meeting Agenda ,.c Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, September 12, 2011 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 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Wheelwright 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES August 8, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 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. REGULAR AGENDA ITEMS 7a Approval of a request for a replat on Lot 8, Block 1, of the Colleyville Heights Addition located at 5408 South Drive, Case PC11-005 7b Approval of a request for a minor plat on 1.1 acres on Tract 1 D, Abstract 1154 of the RH McEwing Survey located at 8070 Precinct Line Road, Case PC 11-009 City of Colleyville Page 1 Printed on 9/9/2011 Planning and Zoning Commission Meeting Agenda September 12, 2011 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1, Block 1, of the Metrovest Addition located at 6100 Colleyville Boulevard, Case ZC11-015 9. DJOURNMENT I hereb rtify the ve agenda was posted on the bulletin boards at City Hall on Frida ,September 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 9/9/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~`.it~' np ~~ ~ ~~ ~~~ <<~ ,, U ~. r<~~+- Minutes -Draft Monday, August 8, 2011 6:15 PM City Council Chambers Planning and Zoning Commission '~ ` City of Colleyville ~9~frr~~~~'_ Minutes -Draft ,..;., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, August 8, 2011 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 August 8, 2011 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff present: Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Fire Marshal Rob McKeown and Community Development Coordinator and Recording Secretary Amy Shelley 3. 4. 5. INVOCATION The invocation was given by Commissioner Knox. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the July 25, 2011 meeting minutes with grammar corrections. Commissioner Davis seconded. City of Colleyville Page 1 Printed on 8/9/2011 Planning and Zoning Commission Minutes -Draft August 8, 2011 The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat on 1.0 acres on Lot 1, Block 2, of the Ratliff Addition located at 820 Central Drive, Case PC11-006 Ron Ruthven presented the case and briefed the Commissioners. Roger Hart, surveyor representing the applicant, came forward to answer any questions the Commissioners had. Commissioner Byerly opened the public hearing at 7:04 p.m. There being no one wishing to speak, the public hearing was closed at 7:04 p.m. Commissioner Davis moved to approve case PC11-006. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. ADJOURNMENT The meeting adjourned at 7:05 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 5, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 8/9/2011 City Hall '~ ~ ~ ~ ,- City of Colleyville 100 Main Street ~,1(i~~ '~q_ Colleyville, Texas 76034 ~~~~~- Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 09/12/2011 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a replat on Lot 8, Block 1, of the Colleyville Heights Addition located at 5408 South Drive, Case PC11-005 Attachments: Location and Zoning Map Notification List Aerial Colleyville Heights Final Plat Plat Exhibit Ordinance 0-11-1800 History of Legislative File Version: Date: Acting Body: Action Text: 1 09/12/2011 Planning and Zoning Commission Title Approval of a request for a replat on Lot 8, Block 1, of the Colleyville Heights Addition located at 5408 South Drive, Case PC11-005 Explanation Roger Hart has submitted a request for approval of a replat that affects one residential lot in the Colleyville Heights Addition. The purpose of the replat is to abandon the portion of the public access easement that is located on Lot 8, Block 1 only, which is eight feet in width. The remainder of the easement traverses Lots 7 and 9, Block One. The Colleyville Heights final plat was approved by the City Council on July 5, 2006. However, the developer, also the owner of Lot 8, did not intend for the public access easement to extend beyond the property lines of Lots 7 and 9. There is also a private restrictive covenant that governs the easement and it only pertains the portion of the easement where it is located on Lots 7 and 9, Block 1. Therefore, the result of the replat will also be that the easement as shown on the plat aligns with the easement description on the restrictive covenant document. The original purpose of the easement was to allow the developer and his family access from his property, Lot 8, Block1, to Regina Court as Lot 8, Block 1 only has access to South Drive. It was placed on the original plat strictly at the request of the developer and was not part of any requirement by the City. Chapter 8 -Plat Review Procedures of the Land Development Code requires that the City of Colleyville Page 1 Printed on 9/9/2011 Agenda Briefing Continued location and dimension of all existing or proposed easements shall be shown on the plat drawing indicating whether such easement is for any specific purpose. The easement abanonment only affect the public access easement and not the drainage and utility easement. Existing Conditions. The subject properties are platted. Lot 8, Block 1 contains a single family residence and the remaining lots within the development are currently either under construction or under contract to be constructed. The Colleyville Heights Addition itself recently went through a rezoning change from the R10-Single Family Residential zoning district to a PUDR-Planned Unit Development Residential zoning district by Ordinance 0-11-1800 which was approved by City Council on August 16, 2011. This ordinance has been attached to the agenda briefing. As a condition of approval of Ordinance 0-11-1800, the City Council directed that City staff forward to the Planning and Zoning Commission the City's Council's concern over the existence of the public access easement and its usefulness to the larger development as part of the briefing for this replat. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 9/9/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Bradley, Michael Etux Kelly L 809 Regina Ct Colleyville TX 76034 000809 Regina Ct Calais Custom Homes Inc PO Box 96193 Southlake TX 76092 000813 Regina Ct Colleyville Heights Llc 5408 South Dr Colleyville TX 76034 000801 Regina Ct Fadden, Mark S Etux Jennifer M 55 Piazza Ln Colleyville TX 76034 000825 Regina Ct Hunkins, Ralph H Etux Jennifer 808 Regina Ct Colleyville TX 76034 000808 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000816 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000812 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000804 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000800 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000820 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000828 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000817 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000821 Regina Ct Rostron, Paul Etux Cindi 805 Regina Ct Colleyville TX 76034 000805 Regina Ct Warner, Richard D Etux Regina 5408 South Dr Colleyville TX 76034 000824 Regina Ct Warner, Richard D Etux Regina 5408 South Dr Colleyville TX 76034 005408 South Dr Roger Hart 6080 S. Hulen St., s Ft. 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Ordinance 0-11-1800 Page 2 of 4 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 4.7 acres on Lots 1-16, Block 1, of the Colleyville Heights Addition, from the R10-Single Family Residential zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and described in the attached 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-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.2 dwelling units per acre. 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 street layout and arrangement of lots of the subdivision shall be consistent with the final plat, labeled as Exhibit "C". 3. PERMITTED USES a. Single-family residences, detached b. Common open space area 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size 10,000 square feet Ordinance 0-11-1800 Page 3 of 4 b. Minimum Lot Depth 100 feet c. Minimum Lot Width 75 feet d. Front Building Line 30 feet e. Side Building Line 8 feet f. Rear Building Line 25 feet 5. OPEN SPACE a. This development shall provide not less than 3.9 percent common open space, which shall be contained on Lot 16 as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. 6. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of Regina Court and shall be installed when any new structures are built on the lots. T. OTHER a. With the exception of Lot 8, all homes constructed in the development shall be installed with an automatic fire-sprinkler system approved by the Fire Marshal. b. Any residence constructed on Lot 1, Block 1, shall be limited to a height of one story. 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 Twc Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shal have the right to seek injunctive relief for any and all violations of thi; ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the abovE zoning classification in order to permit its proper development and in orde to protect the public interest, comfort and general welfare, and requires tha Ordinance 0-11-1800 Page 4 of 4 this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The firs reading and public hearing being conducted on the ~ day of 2011. The se dreading and public hearing being conducted on the ~_ day of 2011. ATTEST: Cynthia Singleton, TRMC, City Secretary CITY OF COLLEYVILLE C David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~~~ ~ r~, Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Statement of Planning Objectives Cotieyviile Heights is a new home subdivision devebped by Colleyvitle Heights, tLC. In 2001, Miron Land, a .sister com}~any of Calais Custom Homes, purchased lots 1-6 and lots 9-15 for the purpose of new residential construction. The entire property consists of 4.735 acres located on the west side of Pleasant iZun, north of Central Street and south of Thomas Street. The property is currently utilizing the City of Cotleyvitle's R20 zoning. There are five f 5) newly constructed homes by Calais Custom Hornes, one (1~ home currently under construction by !PK Builders, the developers existing home (i), eight ($) lots owned by Miron Land, and one (i) lot devoted to open space & drainage. Gusttsmtr pemographk trot potential customers. as well as a number of current home occupants, are `empty nesters'. They are looking #or single story homes between 3,500 and 4,OOi7 spit. in addition, they tra-rel frequently on business, to visit friends and family, and for vacations. Requesting the zoning change is done M large part to rrteet the home design and security needs of our current and potential customers. Proposed tat Coverage We are proposing a new maximum lot coverage of 5096 based upon the foliowing factors:. The property is su mounded by older homes an larger tots that are also utilizing the City of Colleyville's Rl0 zoning. The R10 Toning provides for a maximum lot coverage of 3596. The 3546 maximum bt coverage was sufficient 3©+ years ago when newly tonstructed homes were much smaller than new homes today. 1n addition, land was more plentiful years ago and the lot sizes were moth Larger. The combination of these two factors has created a toning classification that we believe is too restrictive for new home construction. • The si~xe and one story home design requests of our current customer demographit as outlined above. + tither new residential construction subdLvisi~s in Colieyville are currently utilizing the P'Ub zoning with a maximum lot Coverage in excess of 5096 o V[Ilas of Colleyville o Villas at Oak Paint o Cambridge Place • The interpretation of maximum lot coverage has changed at the city. This change occurred after the completion of the first four newly constructed homes in the subdivision. The change in interpretation has made the 359'o maximum lot coverage more restrictive. Proposed set-backs 1Ne are proposing a new maximum front yard depth of 25' and a new maximum rear yard depth of 20' based upon the following factors: s A change in the front and rear yard depths is necessary in order to provide the requested 5096 maximum lot coverage. The existing front and rear yard depth maximums will only allow fora 4596 maximum lot coverage. EXHIBIT "C"- Final Plat !5 i` t ~z ~ }{!3 ~ ~i t x e ~ i ni ~ ~~, i i S f ~ ~ 2 ~i t ~ F +' 1 t ` ~ t ~ f b t ~+. ~ ~ ~~ 1, ~ ~ 9 ~ ~ i ~ Ix},i, ;, ~ ~ ~ ; g r x~ ~ 3 ~ 6 ~{ f C ~ t , ~ 1~ t .~ ~ia ~ i i;~ }1 ![t t d33 l~ ~~ • ~ ~ C ¢ ~ ~ ti i ~ 1 C li 1 ' ' ~. fs ~~ i } ~ A ft c 1 ~ ~ ~ t J f ! a £ ~t k'~td ? ~ g . C ~ .G a X v 1 1 r~, t r ~ ~ 3~ riS i [ ~" k~~ ~ ~lr }, E,,1 ~. ~ t `~ ,~ ~ ~~ !!! ~ f~ ~ j r ~~~ ,. z ~ ~ i f ~ e 1 ~~ ,~ D i~ >~ ' fq. ~~ t _ ~ i ~ ; ~ s' e . M .. 1 ~ _ ,l pao~ uAtl tuesagld .~~ .. rtr.. 4..r x v. ., , ~ ~ r ~~ ~ ~ ~:'' . ~ . ~ F_ 4~ 8 ' ~ ~ a Gl s; ~ : .. ~ ' 1 _ , ~: , 3 F ~ S « ; _ o _. ~ .¢ ~ ~ ~ ~ ~ S, y +r V ~ / 7 C p3 1 ~ ,,. ... I ! .. r 1 ¢ t ' 1 ' { ,; ~ t _ ~ ' 7-. t ~ ~ 4 ~ ~ f "~ .c.4 R .. ~ aw ~ o ~ ° i ~' ° ~ t '[ _ n 1~ ~ i ~ t ' ~ a~` r i rn \:. ~r • ~ '~ ~ f .. ~ b r- ~ w bi z + 1 t~~ ~ ~ . i i _p.. 1 iNA~~4 1n~ _:: - - ; r! _ I i _ ~ ~-- 1 i a ~ `-, ~ . }, u.» ~ ~~~~. S ~ Y£U ~fi S ~ ,a art (~{ • s1 ~-Lf ~,~ a ~~F ~ ~yl t~. t `~ ~ ' a i r x!^y- P 2~5 ~ ,' YI L w < Mi ~~~ ~ 7' ! ~' ~ f~ 1~'~ # ~~~~ '~ ~ ~~~~ k jrs ~3 ~~ i t t_. -__. City of Colleyville 100 Main Street ~" Colleyville, Texas 76034 ,t,,,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Planning and Zoning Commission File Type: Case Agenda Date: 09/12/2011 Agenda No.: 7b Status: Commision Action Items Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a minor plat on 1.1 acres on Tract 1 D, Abstract 1154 of the RH McEwing Survey located at 8070 Precinct Line Road, Case PC11-009 Attachments: Location and Zoning Map Plat Exhibit Ordinance 0-11-1795 History of Legislative File Version: Date: Acting Body: Action Text: 1 09/12/2011 Planning and Zoning Commission Title Approval of a request for a minor plat on 1.1 acres on Tract 1 D, Abstract 1154 of the RH McEwing Survey located at 8070 Precinct Line Road, Case PC11-009 Explanation Mark Stacy is the applicant of a 1.2 acre tract of land located at 8070 Precinct Line Road. The applicant submitted a request for approval of a minor plat which will consist of one commercial lot for Fossil Creek Spirits. This lot meets the requirements of the Land Development Code. Zoning. The property was approved for a rezoning request from the R40-Single Family Residential zoning district to the CC2-Shopping Center zoning district with a Special Use Permit for a package store on June 7, 2011 by Ordinance 0-11-1795. Mutual Access Easements. Ordinance 0-11-1795 requires mutual access easements connect both the northern and southern adjacent properties and be added to the plat for the subject property prior to the issuance of a building permit. The applicant has submitted the documents for filing with the County and staff will ensure that those filing numbers are printed on the plat before the mylars are filed with the County. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for new structures on newly platted lots. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat is recorded with the County Clerk's Office. City of Colleyville Page 1 Printed on 9/8/2011 Agenda Briefing Continued Sidewalks and Trails. The Colleyville Pathways Plan requires a ten (10) foot concrete trail to be constructed along Precinct Line Road. The trail will be located in the dedicated right-of-way and the applicant will be responsible for construction prior to a Certificate of Occupancy being issued for the property. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of the Land Development Code and Ordinance 0-11-1795. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 9/8/2011 Location and Zoning Map ~--p=n -~-r , z~~- ~~Lavaca Tr~aii- ' PU C :,e e_1i ~ ~ ____ ~~ i ~ r~+z ~ t.-~a a Site --~- -- ~.~. 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I I ~_____________04__________~ $ s 'i'a'a u'9 -_- . o I I I rtir~n~ri I lava ssu ~ nru~n I l____________________~__ i u~unpnss3"vn~utn.E I I ~~ I .- I I az se n,9s.icros _____ I I Ip ~F 798 I i~ I ~ ~~ I ~i K:-. ~~ ~R":7 ~~ ri _I n I I l ih" I a j I o~ 3~ _ J it o IiW~ I Y m ai 1 ~I .tW Q oG°a ilm mg- ~ NI I~'y .s Im O U ~I °) "I ~~" a m°qw I ry ~ c Ih3 ~ m ¢ kl a '~ 3 s °o ss 8.: ~ ~ o i `~ i~l 3~ z$ I i I -~ I 5 i I~` ~ I _ I l gggg a~ a.a ~\ ~ I" : ~r'aaxa ..su 9mc v 'wa I I 8 I 3 run ow ss~mvi rmnn I I iwnnea ss9sn nmm. 3r I r .rs i' ~ _ "` ~ h ,. tl D ~~_ I I I I i I ---------~~ ~-~ ------ ' I II x I ~ I 4na mr nel I 1 I I _ _i_~ sma. scv .ce -~ --------r----r~- .----- ---------------- I I II a a I I II ~ y U V .«~ss...ea~ePo s ~ m~ .68'091 M .60.1f.00 S g e ~~ 8 L O ~~ O•, ~ (s3lavn m o a) ~ ~ ~ dVOM 3Nf1 1~N1~321d ~ ~ a 2§ y / s a R 3 ~~ o ORDINANCE 0-11-1795 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT 1D, ABSTRACT 1154 OF THE R.N. MCEWING SURVEY FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE CC2-SHOPPING CENTER ZONING DISTRICT LOCATED AT 8070 PRECINCT LINE ROAD AND BY ~ AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A j 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. ZC11-007; 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 0-11-1795 Page2of4 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 II'' correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.2 acres on Tract 1 D, Abstract 1154 of the R.N. McEwing Survey located at 8070 Precinct Line Road from the R40-Single Family Residential zoning district to the CC2-Shopping Center zoning district and by amending the official zoning map by authorizing a Special Use Permit for a package store, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land sha11 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. This Special Use Permit shall only apply to the use of a package store as depicted on Exhibit "A" and described and shown in Exhibit "B" and Exhibit "C". b. The package store authorized by this Special Use Permit shall not exceed 7,000 square feet in size. c. The property shall be platted per requirements of the Land Development Code prior to the issuance of a building permit. d. The business name for this package store shall be "Fossil Creek Spirits". Signage containing the business name shall reflect the name as approved by this ordinance. 2. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. Ordinance 0-11-1795 Page 3 of 4 3. SIGNAGE a. All signs advertising the package store shall meet the following conditions: (1) the new monument sign and wall sign shall be generally consistent with Exhibit "D"; (2) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (3) 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; (4) 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 (30) days of abandonment. 4. GENERAL DEVELOPMENT REQUIREMENTS a. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the certificate of occupancy for the package store. The design of the package store shall be generally consistent with Exhibit "E". b. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. c. Mutual access easements connecting to both the northern and southern adjacent properties shall be added to the plat for the subject property. Additionally, in lieu of a driveway permit being granted by TxDOT for direct access to Precinct Line Road from the subject property, the applicant shall provide proof that a mutual access easement has been deeded for 8080 Precinct Line Road (either through a replat or separate instrument) providing access to the subject property prior to the issuance of a building permit. d. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "F". e. 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. f. All requirements of the Land Development Code shall be met, exce where amended herein. Ordinance 0-11-1795 Page4of4 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 ~_ day of 2011. /' w The cond re ing and public hearing being conducted on the ''~t~' day of 2011. ATTEST• . ~7J nthia Singleton, TRMC, C 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 Exhibit "B" -Statement of Planning Objectives Ir - ~;,-:~~ ~~cy ?'echnoCogy and design, Inc. z Design o Cottstructiott o 9btattagement ~_ March 17, 2011 City of ColleyuiNe Community Development 100 Main Street CoileyviNe, Texas 76034 Attn: Mr. Ran Ruthven, AICP Re: Proposed Package Store Fossil Creek Liquor 8070 Precinct Line Rd. Colleyville, Texas Statement of Planning Objectives Pursuant to the Land Development Code, we are submitting the following informatwn regarding the development of the aforementioned Property. Fossil Creek Liquor is proposing the construction of a 7000 square foot Retail Package Store. As evidenced by the attached Development Plans, this facility is to be constructed with a combination of Stone veneer, Split-faced CMU, and Stucco to provide a beautiful addition consistent with the adjacent area. Traffic flow and Emergency Vehicle IngressJEgress meet or exceed the requirements set forth by the City of Colleyville. Ownership information: Fossil Creek Liquor 1900 Western Center Boulevard Fort Worth, Texas 76131 Website - fossilcreekliquor.com Contact Information - Mr. Ken Carmody 214.534.7359 Utility Provisions: Water Available in Precinct Line Right of Way Sewer Available at manhole located at the NEC of 8080 Precinct Line. inctuded in this Submittal Package is an executed, but not filed, copy of the Encroachment and 4 { 2 South Jefferson O Pilot Polnt, Texas 76258 O Gfflce 940-686-6800 O Fax 940-686-6393 Joint Use Agreement. Said Agreement grants Permission of Mr. Kieth Adler, Owner, to cross his property wfthin agreed-ta Utility Easement. in addition to this Utility Easement, Mr. Adier has agreed to grant a Mutual Access Easement, aitowing Fossil Creek the use of his driveway approach and rear drive exit for vehicular and Fire/Emergency Vehicle Ingress/Egress. Fossil Creek will also provide similar Mutual Access Easements to the adjacent Property to the south. This adjoining Property is currently owned by William D. Souder, Hurst, Texas. Proposed Development Schedule: Submittal of Package Store Application PZ Meeting i°L Council Meeting 2nd Council Meeting Submittal of Construction Permit Application Commencement of Construction Certificate of Occupancy Operations Plan: Hours of Operation -10:00 am to 9:00 pm Open. Daily -Monday through Saturday, Closed on Sunday # of Employees -Seven Econornk Development Information: March 18, 2011 April 25, 2011 May 17, 2011 June 7, 2011 June IS, 2011 July 1, 2011 October 1, 2011 TotaE Square Feet -Building 7000 Total Estimated-Annual Sales $3,900,000.00 Estimated Sales/Sq.Ft. $557.14/Sq.Ft. Estimated Annual Ad Valorem Tax $37,447.26 Estimated Annual Sales Tax 5321,750.00 If additional information is required, please contact Mark Stacy at 972.741.2281 or Thank Yau, ~- -----_ Mark Stacy Exhibit "C" -Site Pfan 16~.Y +rs r. w ~ +r.~. ww Wr»~ r r oa. r ~ „/[//f ~ / +~, ~ _ , ~ .x/C~~ /y}~ ,~ ~ 4 ~. ,J 1 ~ M ~ ..~.~,.. "" 1 ,`. ~; /, _ ' (3fOp05Cd Qi1C ~ ~ ~ ' w .,. e ~,,4 f~ R!'t~ ~Itidifi~ ~ ;, ~ ' + 7.E10E). . t C. ' ~, ~ ~ ~ .~ ~f1 ~,.:; ~,. 1 >;. ~ ~ '~.~ ~. C l 1JB2 i ~~ a `t 1 •~ ~ y T C` Caw y ~' .\ l~~ti~~ ~"~ ~,~ ~.if ~ YAyry. Fari~{.stie err. 'y /~ , ......s.: -. ~ ~. ~, o j ® ~ , ~~+~~~~~,~ ~ Pw i ~ ~ a ( s ~~ ~ a i l4 *r Capt. . . n ce~.r PI~ECIN~T LY1~TE RC~1~T.~ Exhibit "D" -Sign Exhibits r M Sign Exhibits L ~! ~ /Yi ~ Gi N "~ . I I ~ z 0 S i i r 0 x c u r ~ ~ a r c:~ a 5 i ~~ _ ~s ., ~~= it ~~ a O `r'. J ~ U Jf ][ ~L .( ~ `~ ~ ~~~~~ ~ a ,a ~ C.) U.. ~ <_~ x F.S ~•. N ~1°„ q)t ~~ ~ -' d~~ ~" ~S ~ -. C ~ M~ q i Tal V w Z ~r~ O r ~' '-1~ -~ ~~~ t; Y S AFe? 3 ;~. c. r 6~ 7 } X u ij 2 ii` of r t+ F r. x i z rya I u a Exhibit "E" -Building Elevations ^r. „ + awr a~ ~.., -- r~~ ~.~_. . ~~ Exhibit "F" 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 strips A convenience/package store shall have height strips 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. B) 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. _., .. Cit of Colle V~~~e 100 Main Street ~~ ~~~~~ ~ ~ Colleyville, Texas 76034 817. 503.1000 Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 09/12/2011 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1, Block 1, of the Metrovest Addition located at 6100 Colleyville Boulevard, Case ZC11-015 Attachments: Location and Zoning Map Notification List Buffer Map Letters of Opposition Applicant's Request Aerial Site Plan Ordinance 0-08-1702 Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/12/2011 Planning and Zoning Commission Title Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1, Block 1, of the Metrovest Addition located at 6100 Colleyville Boulevard, Case ZC11-015 Explanation Tom Morris has submitted a request to amend PUD-C -Planned Unit Development Commercial Ordinance 0-08-1702 Section 4(a) under the hours of operation. This section states "the hours of operation for all businesses allowed by this ordinance shall be Monday - Sunday: 7:00 a.m. - 8:00 p.m." The applicant has a prospective dance studio tenant that wishes to occupy approximately 2,760 square feet of the building and be allowed to remain open until 10:00 p.m. every evening to meet the needs of those patrons. Existing Zoning. Ordinance 0-08-1702 was approved by City Council on December 16, 2008. This ordinance rezoned 1.9 acres of land from CN-Neighborhood Commercial to PUD-C-Planned Unit Development Commercial and allows for one building consisting of 18,091 square feet. Ordinance 0-08-1702 allows this building to contain retail and offices uses limited to the following: all uses in the CN zoning district; antique stores, apparel and accessory stores, arts and crafts and hobby shops bicycle shops, books/stationary/greeting card shops, camera or music store, chiropractic clinics, dance studios/martial arts studio, optometrists office, physician's office and dentist's offices with the understanding that these businesses will close no later than 8:00 p.m. City of Colleyville Page 1 Printed on 9/8/2011 Agenda Briefing Continued Existing Conditions. The subject property consists of Lot 1, Block 1, of the Metrovest Addition, located at the northern intersection of Hardage Lane and Colleyville Boulevard. The property has been developed as part of a 2-lot office and retail shopping center, containing a total of 34,782 square feet. The subject portion consists of 18,091 square feet of leasable space. Two tenants occupy this portion of the center, which is zoned PUDC. The second and adjacent lot, located directly to the south, 6000 Colleyville Boulevard, is currently zoned CC1-Village Retail and is fully occupied. Proposed Ordinance Amendment. The applicant, as stated above, is seeking to amend the existing ordinance to allow 6100 Colleyville Boulevard, Suite 130 remain open until 10:00 p.m. every evening for a dance studio tenant. This is the only proposed amendment to Ordinance 0-08-1702. Master Plan. The Colleyville Master Plan designates the future use of this area for retail type land uses. The proposed amendment request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The property to the north is zoned PUD-C-Planned Unit Development Commercial and is developed for office uses; the property to the south is zoned CC1-Village Retail and is developed for retail, office and restaurant uses; the properties to the west are zoned R15-Single Family Residential with existing single family homes; and the properties to the east are zoned CC2-Shopping Center and are developed with office uses. Public Notification. Staff mailed notices to 19 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 nine (9) letters of opposition regarding this request. Summary. The applicant is requesting to amend the PUD-C-Planned Unit Development Commercial zoning Ordinance 0-08-1702 to allow for a propspective dance studio tenant to occupy approximately 2,760 square feet of the building and remain open until 10:00 p.m. every evening. The proposed ordinance has been written such that the hours of operation shall only apply to the 2,760 square feet of the building located at 6100 Colleyville Boulevard and to the specific dance studio business. Any change in ownership of the proposed tenant would require an amendment to the ordinance. Recommendation Approved with the provisions in the proposed ordinance and outlined here: 1. The hours of operation for a dance studio located at 6100 Colleyville Boulevard shall be Monday -Sunday: 7:00 a.m. to 10:00 p.m. 2. The dance studio shall not exceed 2,760 square feet. 3. Any change in ownership of the dance studio would require an amendment to this ordinance. City of Colleyville Page 2 Printed on 9/8/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Gossett, Lelton Etux Becky S 1400 Hardage Ln Colleyville TX 76034 001400 Hardage Ln Neff, William A Etux Carol S 6104 Ponderosa St Colleyville TX 76034 006104 Ponderosa St Colleyville Commerical Prop 1468 Sandhill Ct Roanoke TX 76262 006114 Colleyville Blvd Condon, Jack L & Mary D 6100 Ponderosa St Colleyville TX 76034 006100 Ponderosa St Pullen, Christopher Etal 6013 Ponderosa St Colleyville TX 76034 006013 Ponderosa Ln Moore, Bobby Family Ltd Prtn 6113 Collyville Blvd Colleyville TX 76034 006113 Colleyville Blvd G & J Brillhart Inc 817 S Jefferson St Perryton TX 79070 006110 Colleyville Blvd Hedgcoth, Ernest Etux Phyllis 6012 Ponderosa St Colleyville TX 76034 006012 Ponderosa St Sims, Jimmy D Etux Janis D 6009 Ponderosa St Colleyville TX 76034 006009 Ponderosa Ln Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006100 Colleyville Blvd Griffith, Steve G Etux Chantal 6008 Ponderosa St Colleyville TX 76034 006008 Ponderosa St Sligar, Tracy Etux Alice 6004 Ponderosa St Colleyville TX 76034 006004 Ponderosa St Corley, J T Jr 204 Kings Creek Dr Terrell TX 75161 006007 Colleyville Blvd Gorgi, Nagy Etux Eva 6000 Ponderosa St Colleyville TX 76034 006000 Ponderosa St Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006000 Colleyville Blvd Parshall, Misty H 5912 Ponderosa St Colleyville TX 76034 005912 Ponderosa St Blue Bonnet Hills PO Box 11250 New Orleans LA 70181 006001 Colleyville Blvd Bluebonnet Hills Cemetery PO Box 11250 New Orleans LA 70181 005713 Colleyville Blvd Pro Co Paint And Body Inc PO Box 206 Colleyville TX 76034 005900 Colleyville Blvd Tom Morris, applicant 3228 Collinsworth Ft. Worth TX 76107 applicant Public hearing notices mailed on Friday, Aug. 26th, by Amy Shelley Buffer Map 621{} 12'13 13©~ 130'9 1313 1315 1317 6209 6230 620s 1509 1401 6205 5228 6206 6224 6226 21}8 1.2.12 1304 1.308 1312 1314 1318 s2o1 62114 6222 6220 1316 690fl 62fl0 6208 5 1207 1209 130 1315 6113 6105 6108 ~ 620fl 6201 6104 id01 14Q0 6104 6100 13'13 118 6125 6125 1405 6100 6012 6013 6013 6A1 6110 6~8 6Q12 60(18 600 6004 61109 6008 600A 6100 -~ 6002 5'90 590 5907 6000 60fl0 7 59041 5906 5908, ~.,,~~ I''`w safla 3 5940 ~2 PE 6209 6213 6207 6113 13110 „~ ~ ^~ ct329 ~~I~~ Letters of Opposition TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NQ ZC,~j1-015 rvtes~• t~ edc{ co~~ f ,, MY NAME 1S `.J I AM THE OWNER OF THE PROPERTY AT `~~'«"~~ ~~ef o5~t _ _~~i f rl AM AGAINST THIS ZONING CHANGE REQUEST Signature 4 / `-'' ~~~.~ i~,~ TGz~ Phone ~~7- -~3(- '77/// ~/ ~- ~Y~'- +~ /7n bate ~ ~~ / RECEIVED SEP Q 6 2011 Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZOMNG CASE NO. ZCn1I-015 MY NAME IS ~~C,t~ ~•-ONi1p h11 AM THE OWNER OF THE PROPERTY AT _ ~lby f7c~ND,~,2oS9 S~- I AM AGAINST THIS ZONING CHANGE REQUEST Signature Phc-ne~ -4~Z1 - Z, c~ ,S~ Date ~~~sZ7/ Zcj / / RECEIVCD SAP 0 6 7011 T0: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NO. ZC11-015 MY NAME IS ~ OWNER OF THE PROPERTY AT ~~ ~~ ~~~ ;"~ 9 I AM AGAINST ONI CHANGE REQUEST Signature \~~~y,~`~j~~~ j~ j~,~ r Phone ~ ryT'""C~/~1.5~~' ,, Date ~ 6 RECEI~'~~ St? 0 6 ?011 Per .~.........._. T0: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NO. ZCll-015 MY NAME IS ~~~i~ THE OWNER OF THI= PROPERTY AT D I AM AGAINSTTH1520NING~HAN6E REQUEST Signature ~~'V ~-~'l~ // -~.-- Phone ~~ ~~ll "" ~ ~~ Date _„~ ` ~ ~/ RECEItIE~I St? 0 6 ~01~ Per .........-•-- T0: COMMUNITY DEVELOPMENT pEPARTMENT REF: ZONING C/S ENO. ZC1i-015 f /!//~~ MY NAME !S . .- 'LL ~ ~@tyl THE OWNER OF THE PROPERTY AT ~L/ r~r~ ` ~' Qr.' , . 1 n~~~ I AM AGA ST T IS ZONING CHANGE EQUEST Signature ~ ~ ate..., Phon ~ ~~ ~ ~ ~, S pate __y~.-.-- /7~ RECEf'~'w~ St? 0 6 2011 Per ............. TO: COMMUNITY pEVELOPMENT DEPARTMENT REf: ZONING CASE NO. ZC11-025 MY NAME IS ' ~~S I Gl~A~ ~ AM THE OWNER OF THE PROPERTY AT _~f ~ ~~~rns~ 1 AM AGAINST THIS ZONING CHANGE REQUEST Signature ~~ Phone ~ -1- ~} 1 ro _ ~{-`j pate RECE~'~"::~? ~~? 0 6 X011 Per .........._~. T0: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CA(S~E~NO. ZC11-015 MY NAME IS ~~~'" / ~~~(,~( i AM TWE OWNER OF THE PROPERTY AT Dex~7P~l~~~..~s d. 5 L i AM AGAINST THIS ZONING CHANGE REQUEST Signature Phone~~~,,~~..~~ Date,~~ e ~ - L{ RECEI~s`~f~ St? 0 6 7011 Per ...........,_. TO: COMMUNITY DEVELOPMENT DEPARTMENT Rff: ZONING CASf NO. ZC1i-015 MY NAME JS ~''T`~' ~L~~~AM 7Hf OWNER OF TJ-JE PROPERTY AT ~ ~~< / ~'~~~© I AM AGAINST THIS ZO CHANGE REQUEST .,.,a, Signature P#~ane ~, ~ _ ~~ ~ 3 ~ 3 ~ Date ~'"~ ~~/ RECEI~;~'.:~ SAP 0 6 7011 Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NO. ZCll-015 MY NAME ~~P ~+rGl ~~ ~ t~~ I AM THE OWNER OF THE PROPERTY AT ~FJ~tiv () PjLU,~~, I AM AGAfNSTTHi ZONING CHANGE E UE5T Signatur Phones, - Z - ? 3 ~ 3 Date ~ ! RECEIVED StP p 6 2Qii Per ............. Applicant's Request C:~N~ :~~~ART1N ~: t7 M I' A N Y COMhREP.CIAL P,1:AL ESIAT~ July 28, 2011 Amy Shelley Community Development Coordinator City Of Colleyville ashelley@colleyville.com Dear Amy: I am writing to provide an explanation far the request to amend the time as outlined in Ordinance 0-08-1702. The Colleyville Shopping Center located at 6100 Colleyville Blvd currently requires tenants open their business not earlier then 7:OOam and requires they close (heir business not later than 8:00 pm. A Dance Studio is proposing to locate in space 130 which contains 2760 square feet. The Dance Studio has been in business for a number of years and is relocating its business to Colleyville. The Dance Studio teaches Dance to an older generation and is a very quiet tenant. The lessons usually occur in the later afternoon and early evening hours. Due to the patrons avai-ability for lessons the Dance Studio maintains hours until 10:00 O'clock in the evening. The current zoning specifically addresses and permits Dance Studios'. On page 3 number 9 specifically allows a Dance Studio to locate at the property. The need to stay open until 10:00 O'clock is by a tenant that is a perfect tenant for the property and fits the requirements of the Neighborhood as well as the City of Colleyville. The request to amend the hour of closing for this tenant will not present any related issues for the citizens of the surrounding neighborhood nor the City of Colleyville, Texas. The request is to amend the hours of closing for space 130 only and only for a Dance Studio. The request is to allow space 130 remain open until 10:00 O'clock pm. All other ordinances shall remain exactly as written. The request is in everyone's best interest and in no way presents a problem for anyone. Thank you for your consideration and I am available to answer any questions by all parties.. B t egards, { Tom Morris 3'28 L'ottinsv.-nrth St.. 7(,707 817-632-6211 P.. CJ.. Betx 3?!& Fo-rt Wo*flt, Texas %6ri3-311& Phune. 81 t..i ti.l JZtO Fax: ;ti1733c..?.&~3 www. kizri m artiri co.com ?rte ---, ~~x1e'~a~sw __ • Available~z,57z=SF former bankbranch~:w one lane-drive through `? Brand new 37,750 SF retail center, built in October 2008 ~~ One block from Colleyville Town Center, Colleyville Middle School and Elementary School • Strategically located amidst a high income population on the maim thoroughfare with excellent visibility 3228 Collinsworth St., Fort Worth, TX 7607 • 8~7.336.~880 • 8~7.336•i893 fax www.KimMartinCo.com rne.+~ra ~~~~;~~ iLLre~n wns nn~~n~r rrrnn ~nr~~a ~,m «ne rerabir,lwi ~y ;~ ~b way ~,--arr.n~~r ny ~ Kim hfen;n cor~p~nr, i~>c ~ n< progeny ~s ~tren-a,nn~e, r m crror~. ~~n~~y~,nn,, a~n„~e ~~ ~,;~ a~nr ~~~,~ o~rer~a..i rrr,m u,~ ~~.~Ge~ ,.;ax,~r ~~ti~e. Kim Martin company, 1~. lies rw~ inspocted or invtstigeu:d rhis property for ~wmnual rncimnmentel pronlem. or wmplfarr~ uirh the Mxn.en iAsaninties Ace RETAIL FOR LEAS E Site Plan for Colleyville Shopping Center s ~:~_ ~t ~ ~~ ~ . ~ ~ ~_ ~~ (not to scale) ~'~~ STATE HIGHWAY 26 ~~ SITE PLAN ~ ~ =~V 34.781 SF. "oRTH COLLEYVILLE, TEXAS Suite Occupancy SQ. FT. 100 Furniture Consignment 2,362 Gallery 120 Furniture Consignment 2,947 Gallery 130 Furniture Consignment 3,140 Gallery 140 Powerhouse Yoga 2,760 150 Premier Urgent Care 4,587 Associates Suite Occupancy SQ. FT. Dimensions 1 DO AVAILABLE 3,009 39'6" X 79' 120 AVAILABLE 3,160 40' X 79' 130 AVAILABLE 2,760 4O' X 69' 140 Portrait Studio 2,760 40' X 69' 150 Animal Crackers 1,590 20' X 78'6" 160 AVAILABLE 2,240 28'6" X 78'6" 170 AVAILABLE 2,572 24'6" X 69' w Z g W Q 0 Q RENTAL RATES - $18.00/sf + $3.35/sf NNN FINISH OUT - $20/sf allowance, TERM - 5 years TRAFFIC COUNT - 26,130 cars/day Located off of Colleyville Blvd. (State Hwy 26) and Hardage Lane in Colleyville, Texas. Direct access from a very upscale neighborhood, excellent location. ~~~ rd j ~~ ~ ,_ ,_a..; The data contained herein was obtained from sources deemed to be reliable, but is in no way wartanted by the Kim Martin Company, Inc. The property is off d subject to ertors, omissions, change in price and/or terms or removal from the market without notice. Kim Mersin Company, Inc. has not inspected or investigated this proprrg for potential environmental problems or wmpliance with the American Disabilities Act. i Demographic Information EXCELLENT LOCATION, EXCEPTIONAL WORKFORCE and 1 1 IGH C~UALITY OF LIFE are three primary reasons for locating your business in Colleyville, Texas. Once a rural farming community, Coffeyville has become a perennial favorite on the "best of..." lists in Dallas and Fort Worth, across Texas, and around the nation. Money` magazine named the city to its list of "Best 100 Places to Live in America," awarding it the highest ranking in Texas. Colleyville's small. town .ambiance and big city amenities continuefo earn it a place on the "best" lists of popular publications, including Newsweek and D Magazine. Coffeyville is now acclaimed as one of the premier communities in North Texas. The city is recognized for its well-planned growth and development. Its school district, Grapevine-Coffeyville LSD, is consistently ranked as one of the best in the state and regularly attains the status of one of the best in the nation. Residential growth has attracted new commercial development that will continue for years. .w , , it I~ ~ ` `_« r.n~ ~ tl naa rav... I (Aif 1~ pie ,„mot, ~ ._ ~w~ o° aaU ~Kwaw~ ~ t ~~ o ,. ~ ~ c. ~ ~. °~ r„:,„ _ ~,, ± , :gar. H ... _, ~ ~ ~ ~ S t ~ ~~ ~. ~ t ~ 3~ F ~ ., ~~~ ~i f ~ r ~maw, h~ 4 aim wwq.~ di „a,. ~~ . e: ~ .< , . -~ wn~, r e l ar r.~. - ~ ~ r,. ~,~„ rat ~.n ~eM Nan f a - ~. .. ~~~ :i Z ~ ~ ~ Dallas ,.. ». E ,,, $ ~N ~ ~.. ,a ~ ort WoRh F ~ ~ ~ ~ .. aG .~ j ,`r - ~~n tiy.,~ _ ,~ ~ ~ ~ . 6 4 Oy . ~ ~ v ~ 1 f a ~, f a.xK~ Now uaW au ~t,ay J .. ;J i VF .. ~' fs i _~.., ,. ~ owe . ° tom. ~ r foal Grrt(i a .., ... .. .r ._.. _... POPULATION 23,261 SIZE 13.1 square miles - 85% residential MEDIAN AGE 40.49 (male), 40.5 (female) HOUSEHOLD SIZE 3.07 AVERAGE INCOME $173,853 HOUSEHOLDS 7,578 ~t ~.::: f/ ~ ?~i E 2 s k ~ 3 v~R» f~,w ~ ,~- .d~ek . ruar~ ax a ~ u rare Ra w,. s ~ ~ e ,uk.v.s ~...a.t,.e (may ~~ gEg ~y f ... .. .. ._., . ~+ i n r.i.. . ... .., eG„old±YraM axe ~.. ..... ,~. .~....~:~ t a.u.x . aa!. 5 --.;.LM{ Y~.vnv } d u.., A am y f ~~xro y s° a The data contained herein was obtained from sources deemed m be reliable, bw is N no way warranted by the Kim Martin Company, Inc. The property is ofTered subject to errors, omissions, change in price and/or terms or removal from the market without notice. Kim Martin Company, Inc. has not inspected or investigated this property for potential environmental problems or compliance with the American Disabilities Act. Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokerage Services Before working with a real estate broker, you should know that the duties of a broker Depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker, A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing, A broker can assist you in locating a property, prepazing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written listing agreement, or by agree- ing to act as a subagent by accepting an offer of subagency from the listing broker, A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first, The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must disclose to the buyer any material information known to the agent IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an Intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the Owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to dis- close unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an Intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid, You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you, if you have any questions regarding the duties and responsibilities ofthe broker, you should resolve those questions before proceeding. Real Estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. The real estate licensee providing you with this form advises you of the licensee's agency relationship regarding the property described as fol- lows: I represent the Buyer, Seller, Tenant or Landlord. Buyer, Seller, Landlord or Tenant Date Texas Real Estate brokers and salesmen are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real state licensee, you should contact TREC at P. O. Box 12188, Austin, Texas 78711-2188 or 512-465-3960 The dare contained herein was obtained from murces deemed to be reliable, bw is in no way warmnred by the Kim Marvin Company, Inc. The propem is oR red subjecr to errors, omissions, change in price and/or Terms or removal from the marker without notice. Kim Martin Company, Inc. has not inspecred or investigated this property for rynemial emironmemal problems or compliance with the American Disabilities Act. f ORDINANCE 0-08-1702 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.9 ACRES ON LOT 1, BLOCK 1, METROVEST ADDITION, FROM THE CN-NEIGHBORHOOD COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-023; 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 0-08-1702 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 changing the zoning of 1.9 acres on Lot 1, Block 1, Metrovest Addition from the CN-Neighborhood Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". 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 and office uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. T. SITE PLAN a. The development of this property shall be generally consistent with site plan attached as Exhibit "B" 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. Uses allowed in the CN-Neighborhood Commercial zoning district 2. Antique Stores 3. Apparel and Accessory Stores 4. Arts and Crafts and Hobby Shops 5. Bicycle Shops Ordinance 0-08-1702 Page 3 of 4 6. Books/Stationary/Greeting Card Shops 7. Camera or Music Stores 8. Chiropractic Clinics 9. Dance Studios/Martial Arts Studio 10. Optometrists Office 11. Physician's Office or Dentist's Offices b. The following land uses shall be prohibited within the Planned Unit Development: 1. Food and/or beverage sales of any kind 2. The sale of any motorized transportation including but not limited to: motorized scooters and bicycles, miniature motorcycles, go- carts and any other motorized apparatus designed to transport a person. 4. HOURS OF OPERATION a. The hours of operation for all businesses allowed by this ordinance shall be as follows: Monday -Sunday: 5. OTHER 7:00 a.m. - 8:00 p.m. a. Any alterations to the layout of the building and/or parking shall adhere to the attached Exhibit "B". b. Any alterations to building height and articulation, lighting along the rear of the building, dumpster location, screening and landscaping, access to the property and drainage shall require an amendment to this ordinance. c. This property shall meet all of the requirements of the Land Development Code and Code of Ordinances, 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 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. Ordinance 0-08-1702 Page 4 of 4 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. first reading and public hearing being conducted on the ~ day of r ~1/!-~ ~~~iC~ 2008. second reading and public hearing being conducted on the ~ day of ~_ r~.yn/~-P~~ 2008. ATTEST• CITY OF COLLEYVILLE ~-- Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map .. 6004' ~ f ~, 600 i 6000 /'~ J 6000 ~~/ .~ ~~ '"-- <~~ 5g12 ~ - ~ 59~~ ~~~ ~1 r j 9 132A o ~~~ AG EXHIBIT "B"-Site Plan I I'` ~1 I k ;k :f n rao•E aao:~a ( NC7RTH . ~,..~ { 1 J i. _ .. _. __,.,_.V_.. x . f ~. • ~ 1 \`~~ r~', G,I tV tit l! (~!h(> '~ ~... .. ,, x *„ t ~ ~luti; At[\Itv~r t.~;t9'A'dl' ~ ~"~ ~~ t r~ f~ Fi - nos J ~C i / i x ~yi * ,....... ~, FGe'i~ i ... - ~ ~~ ~ • ~ t-- --, ~ _ i t , i~ ~ ~ `~ _i _.~ _~..~ r ... ~ --~---~ -~+ ~ ` ~- ~ ~ ~~.. s._.. i ~ J .~ ' 3 4 ~ t; .._ ~ t ~ ' -i~ ~. _ +• ~ ~ t ~--;~- C .. _ . _ r .. _ _ -- -~ .. . =~ -:.~- ~ - x _ ~ x ~_O4• - '-".~~ n •-•,•• ..~. x' I,WARMGC ! UT~IM EA~21F,xi~ ~ f j ~*~~ .s ~_ M. ~~ ' °~ _' .. ~- Y i d i':: i ORDINANCE 0-11-xxxx AN ORDINANCE AMENDING ORDINANCE 0-08-1702 WHICH ESTABLISHED THE ZONING ON 1.9 ACRES ON LOT 1, BLOCK 1, METROVEST ADDITION CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-08-1702 on December 16, 2008, to establish the zoning of 1.9 acres on Lot 1, Block 1 of the Metrovest Addition; and WHEREAS, the applicant has requested an amendment to Ordinance 0-08-1702 to further amend the zoning district requirements on approximately 2,760 square feet of building space known as 6100 Colleyville Boulevard, Suite 130 under Case ZC11-015; 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, Ordinance 0-11-xxxx Page 2 of 4 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 0-08- 1702 which established the zoning of Lot 1, Block 1, of the Metrovest Addition conditions. 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 2,760 square feet of building space located at 6100 Colleyville Boulevard, Suite 130, 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. The hours of operation for a dance studio located at 6100 Colleyville Boulevard, Suite 130 shall be as follows: Monday -Sunday: 7:00 a.m. - 10:00 p.m. b. The dance studio shall not exceed 2,760 square feet. c. Any change in ownership of the dance studio would require an amendment to this ordinance. 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 0-11-xxxx Page 3 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. Sec. 9. THAT Ordinance 0-08-1630 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 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"- Site Plan '~ Y~ r~ ~~ 1 ~~ ~" W - ,k ~r ~' F_ _' ~~.~.`_, art .~~ ~ ___ C - ~~ ~c :_ :~r~it [k~cupanty ~Ci;. FT. ~#irni~nsoor~s '~ ~~+ i~~~r~lt ~~~ ,'~~~ 4-O' X ~~~ i z..