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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/26/2011City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~.~~ti ~~r _ _, ~~ 1~ ~~ , l °'a- Meeting Agenda Monday, September 26, 2011 6:15 PM City Council Chambers Planning and Zoning Commission "> ~~ City of Colleyville 100 Main Street ~ ~~, Colleyville, Texas 76034 `i.o~~`~~~ ~~ ~ ~` `°'~ 817. 503.1000 ~~ Meeting Agenda www.coneyville.com ~n~a Planning and Zoning Commission Monday, September 26, 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 2. ROLL CALL 3. INVOCATION Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES September 12, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite A, Case ZC11-016 City of Colleyville Page 1 Printed on 9/14/2011 Planning and Zoning Commission Meeting Agenda September 26, 2011 7b Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 7c Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.0 acres on Lot 4, Block 1, of the Mrs. Eva Paul Subdivision located at 1005 Tinker Road, Case ZC11-018 8. ADJOURNMENT I herel~i certify the~bove agenda was posted on the bulletin boards at City Hall on Friday, September 23, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 9/14/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com --- -..~~ -~ ~ ~~ ~~~ tr~w~, Minutes -Draft Monday, September 12, 2011 6:15 PM City Council Chambers Planning and Zoning Commission '''~" City of Colleyville ~~'~~~$1." ~~~y ~` Minutes -Draft 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 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 12, 2011 at 7:00 p.m. Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Rob McKeown, Marty Wieder and Jeremy Hutt 3. INVOCATION The invocation was given by Commissioner Wheelwright. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the August 8, 2011 meeting minutes as written. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 9/14/2011 Planning and Zoning Commission Minutes -Draft September 12, 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. 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:04 p.m. Roger Hart, the applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Rotthaus moved to approve case PC11-005. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 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 PC11-009 Ron Ruthven presented the case and briefed the Commissioners. Mark Stacy, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps moved to approve case PC11-009. Commissioner Davis seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. PUBLIC HEARING AGENDA ITEMS ga Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot City of Colleyville Page 2 Printed on 9/14/2011 Planning and Zoning Commission Minutes -Draft September 12, 2011 1, Block 1, of the Metrovest Addition located at 6100 Colleyville Boulevard, Case ZC11-015 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if any noise complaints have been filed against the subject property as it exists. Ron Ruthven replied the Community Development office has not received any complaints however he stated he could not speak for the Code Enforcement Department. Commissioner Davis questioned staff regarding the zoning of the property to the south. Ron Ruthven replied that the property to the south is zoned CC1-Village Retail. (At this point, a Commissioner asked staff a question, however, was not speaking into their microphone, therefore the voices were not heard) Commissioner Byerly opened the public hearing at 7:13 p.m. Tom Morris, the applicant, presented the case and briefed the Commissioners. Commissioner Davis questioned Mr. Morris regarding why is the south property fully vacant and this property is not? Mr. Morris replied several tenants have requested to sell food, however, food sales is not allowed on this property. He stated other tenants have wanted to stay open later, however, the tenants are required to close by 8:00 p.m. He stated they would not pursue a tenant that is not in the best interest of the neighborhood. Commissioner Dudziak questioned Mr. Morris regarding if there would be any need for additional security lighting for the particular tenant. Mr. Morris replied no. Commissioner Dudziak questioned Mr. Morris regarding if there is parking behind the building. Mr. Morris replied there is a driveway behind but no parking permitted. Mr. Morris stated the neighbors are very adversarial regarding the tenants in this building. He stated there are concerns for this opening the door for other late tenants. He further stated that they do not want a tenant that will advertently affect the neighbors. Ernest Hedgecoth, 6012 Ponderosa St., spoke in opposition to the request with concerns for lighting and weeds along the fence line. Steve Griffith, 6008 Ponderosa St., spoke in opposition to the request City of Colleyville Page 3 Printed on 9/14/2011 Planning and Zoning Commission Minutes -Draft September 12, 2011 and used pictures on the overhead to show the fencing. Jack Condon, 6100 Ponderosa St., spoke in opposition to the request with concerns for the later hours of operation. He stated it will establish a precedence for other tenants to receive later hours of operation. Chantal Griffith, 6008 Ponderosa St., spoke in opposition to the request with concerns for the Caliber Collision Center parking in the south parking lot. She further stated that the Martin Company has not been neighborly. There were five other persons who registered their opposition however did not wish to speak. There being no one wishing to speak, the public hearing was closed at 7:38 p.m. Mr. Morris came forward and apologized for the neighbors and stated that the proposed tenant is a quiet tenant. He stated he has talked with Mr. Hedgecoth and stated he would like to make whatever resolutions that need to be made in order to meet the neighbors needs. Commissioner Wheelwright questioned Mr. Morris regarding what are the hours of the dance studio currently? Mr. Morris replied they stay open until 10:00 p.m. currently, however, they do not open until later in the day. Commissioner Wheelwright questioned Mr. Morrs regarding if the dance studio has expressed that if they do not receive these hours of operation that they will not occupy this space? Mr. Morris replied yes, very clear. Commissioner Dudziak stated the fence situation concerns him, especially since the property owner stated they would maintain the fencing. He further explained that the neighbors wishes should be considered. He stated there was an agreement with the businesses and the neighbor. He stated being opposed to changing the hours. Commissioner Knox concurred and stated remembering working with the developer with the hours of operation. He stated he did not feel that the hours need to be changed. Commissioner Davis stated he was not here at that time, however, concurred with the Commissioners, there is an agreement in place. Commissioner Dudziak moved to deny case ZC11-015. Commissioner Davis seconded. City of Colleyville Page 4 Printed on 9/14/2011 Planning and Zoning Commission Minutes -Draft September 12, 2011 The motion to deny carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 9. ADJOURNMENT The meeting adjourned at 7:42 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 5 Printed on 9/14/2011 n City Hall ~` ~ City of Colleyville 100 Main Street s ~~ ~;~~ ~~, Colleyville, Texas 76034 ,t~_;~" Agenda Briefing 817.503.1000 vvww . co 1 1 eyv i l l e. co m File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 09/26/2011 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite A, Case ZC11-016 Attachments: Location and Zoning Map Notification List Letters of Opposition Buffer Map Aerial • Statement of Planning Objectives Business Information Floor Plan Site Plan Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/26/2011 Planning and Zoning Commission Title Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite A, Case ZC 11-016 Explanation Tania Crawford, on behalf of the Sunflower Shoppe, submitted a Special Use Permit (SUP) application to allow beer and wine sales for off-premise consumption in the Sunflower Shoppe facility located at 5100 State Highway 121, Suite A. Zoning. The property is zoned CC2-Shopping Center and the sale of beer and wine for off-premise consumption is allowed in this zoning district with the approval of an SUP. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. The Sunflower Shoppe is a retail store that sells mostly grocery items including natural foods, beverages, vitamins and pet foods. It currently occupies 11,850 square feet in Suite A of the larger 16,848 multi-tenant retail building. The German Deli was approved for the same request by Ordinance 0-10-1751 by City Council on June 6, 2010. The German Deli is located adjacent to the Sunflower Shoppe in Suite C and occupies the remaining 5,200 square feet of the building. The German Deli City of Colleyville Page 1 Printed on 9/22/2011 Agenda Briefing Continued sells mostly German foods, beverages and gifts. Business Information. The store hours of operation are Monday through Saturday, 9 a.m. to 9 p.m. The owner has submitted a site plan and floor plan depicting 350 square feet for the location of the beer and wine sales in the existing lease space. Staff has not added the hours of operation or the floor plan to the proposed ordinance. On-Premise Consumption. On-premise consumption of beer and wine would not be permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville Code of Ordinances requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The property to the north is zoned CC2-Shopping Center and is developed as a restaurant. The properties to the south are also zoned CC2-Shopping Center and are developed as a grocery store and retail center. The properties to the west are zoned CPO-Professional Office and are developed as offices. Public Notification. Staff mailed notices to 24 property owners within 500 feet of the subject property 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 two letters of opposition to this request. Summary. The proposed SUP would authorize the sale of beer and wine for off-premise consumption but would not permit sales of beer and wine for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. Recommendation Approval subject to the conditions in the proposed ordinance. City of Colleyville Page 2 Printed on 9/22/2011 Location and Zoning Map M1 - E~ .~. ~ r" - .~ ` t Site a~ waY sr38 ~ „ ~ : `~ ~ -_ 4 ~ ass ~,t '~ ~ ~l~ I 14J ~~37 539 ; " x: i e ~ , ~~ „ d ', ~.- ~~ sr~a ~~ ~_ ~ d"~~+~~~` ~ = - N S1Q5 510Fi s n~ ..a o ~ ~ c s~fl, ;~,~,~ ~ s~~o _~ ~ Cp ~ f i u asos ~ ~,, 5R~6E c ~, ~~ a~~~ ao~~ x~ .~, 4005 ~S3 41135 ~ ~ ,a _• 6C?6p ~~fi t 56~T 552 Say 5G6d ~' S0~ 3 G ~a~ ~: ~' ~ b r ~ +r ^~J~ .. '~ `D44 50CSt~ ~4F '~ `~ u Sp _ ,~3~15 ~ 5052 ~ ~~: .. w , - ~!}53 4 ~ ~ V `~ ~.~7 C .~.]~ ~ ~ ~ ^ N P ~ ~ { ~Q~V` r .^ '' CC ~S WJV sersa ,y spa 5028 ~~81 68 ~ „ .mss ,fig,, ~ , ~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Grapevine-Colleyville ISD 3501 Ira E Woods Ave Grapevine TX 76051 005401 Heritage Ave Old Badger Ltd 4214 Gateway Dr Ste 100 Colleyville TX 76034 004214 Gateway Dr Jr's Steakhouse II Llc 5220 State Highway 121 Colleyville TX 76034 004204 Gateway Dr Sekin Family Holdings Ltd 634 Regency Xing Southlake TX 76092 004215 Gateway Dr Dfw Wnm Ltd 7321 Commercial Blvd E Arlington TX 76001 005100 State Hwy 121 Ayers & Ayers Plaza Ltd 4205 Gateway Dr Ste 100 Colleyville TX 76034 004205 Gateway Dr Tak Enterprises Inc PO Box 171676 Arlington TX 76003 004012 Gateway Dr Mills, Gary W 305 Augusta Ct Southlake TX 76092 004201 Gateway Dr Empowering Life Ch Interns Inc 2909 Hwy 121 Bedford TX 76021 004113 Gateway Ct Gateway West Group Lp 1452 Hughes Rd Ste 200 Grapevine TX 76051 004209 Gateway Dr McMahan Real Estate Llc 6105 Tiffany Oaks Ln Arlington TX 76016 005120 State Hwy 121 Insight Capital Realty Co Ltd 4101 Gateway Dr Colleyville TX 76034 004101 Gateway Ct Smile Masters Ltd 4013 Gateway Dr Colleyville TX 76034 004013 Gateway Dr Ronald Walker Associates II 4009 Gateway Dr Colleyville TX 76034 004009 Gateway Dr Klmm Ltd 4109 Gateway Ct Colleyville TX 76034 004109 Gateway Ct Margmatt Ltd 1513 Michael Dr Bedford TX 76022 004105 Gateway Ct Bradford Commercial Properties 3209 Walker PI Grapevine TX 76051 005100 State Hwy 121 Abs Tx Investor Lp 250 Parkcenter Blvd Boise ID 83726 004000 Glade Rd G Points Sc Ltd, 101 1St St Ste 476 Los Altos CA 94022 003930 Glade Rd G Points Sc Ltd 101 1St St Ste 476 Los Altos CA 94022 003930 Glade Rd Tsai Global Llc 28620 Matadero Creek Ct Los Altos Hills CA 94022 005000 State Hwy 121 Rcc Heritage Glade Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005025 Heritage Ave Rcc Heritage Glade Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005017 Heritage Ave Hall, Charlie W Etux Helen F 4200 Glade Rd Colleyville TX 76034 002100 Glade Rd Tanis Crawford, applicant 5100 SH121, Ste. A Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, Sept. 9, 2011 by Amy Shelley Letters of Opposition AYERS &AYERS Attorneys and Counselors Ayers P{aza 4205 Gateway Drive, Suite 100 Colleyville, Texas 76034 (817j267-9009 {817j318-0663 {facsimile) September 16, 2011 Community Development Department City of ColleyviAe 100 Main Street Colleyville, Texas 76034 Re: Zoning Case Number ZC11-016 Dear Sir or Madam: I am writing as a business owner and owner of real properly within 500 feet of 5100 SH121, Suite A. I am opposed to the application by Tania Crawford for a change in zoning to allow a Special use Permit for off-premise alcohol sales. There already are several establishments in the immediate area who sell alcohol for both on-premise and off-premise sale. Based on the proximity of Ms. Crawford's property to my business, the already alcohol-saturated retail area, and Colleyville Heritage High School, it is my belief that Ms. Crawford's application should be denied. Yours.2r)uly, _ •i ,r ~,Joiiathan P. Ayers RECEIVED SEP ? Q 7011 Per ............. ~eco~nized for ~xce~~e ~ine~ .~~o`Z~e ~'~ ~1~~ Independent School district September 19, 2011 To whom it may concern: 3051 Ira fi. Woods Avenue Grapevine, TX 76051 ~ Colleyville Heritage High School and Grapevine-Colleyville Independent School District submit this letter of protest to the application by Tania Crawford to change zoning for the CC2-Shopping Center at 5100 State Highway 121 to include a Special Use Permit for off-premise alcohol sales. The zoning case number is ZC11-016. 8171488-9588 Colleyville Heritage High School serves approximately 2,200 students ages 14 to 19 in METRO 8171481-5575 grades nine through 12. The shopping center in question is not only within 500 feet of our school property line, it is directly in the path of students from the southeast portion of our school attendance zone who must pass by the business to get to and from school. The ~ market/deli sells food, snacks, and refreshments that our students may purchase. Research has shown that young adults are 50 percent more likely to drink alcoholic beverages when exposed to high levels of alcohol advertising including in-store displays (Marin Institute). Additionally, the National Research Council confirms that alcohol is the No. 1 substance abused by youth in the United States and that advertising, including in-store displays, plays a key factor in underage drinking. GCISD has a comprehensive substance abuse awareness and prevention program, and we partner with our local police and community to equip our students with the tools to make good choices for their safety and well-being. The district formed the Community Awareness and Risk Education Coalition (CARE Coalition) to involve the broader community in planning and implementing prevention strategies to safeguard GCISD youth. The Coalition includes representatives of all sectors of the community, including business, who work to educate students and parents about the prevalence of youth substance abuse and prevent abuse and its related consequences. We do not believe it is in the best interest of our students or our school community for a store in such close proximity to our school to be allowed to sell beer and wine for off-premise consumption. Thank you for your consideration. Sincerely, ~,u,. Becky Prentice Principal Colleyville Heritage High School Patti Davis Executive Director of Administration Grapevine-Colleyville ISD Buffer Map Aerial Statement of Planning Objectives 5100 State Hwy 121, Suite A Colleyville, Texas 76054 817.399-9100 Fax $17.399-9909 Website: sunflowe~shoppe.com Statement of Purpose Sunflower Shoppe, locally owned and operated by the third generation of the Bradford family, is Tarrant County's premier natural foods and vitamin stores since its inception in 1970. As a fixture in the Tarrant County area, Sunflower Shoppe has two locations, one in Fort Worth and another in Colleyville. It has v4~on countless accolades in the highly competitive natural foods industry as a leading independent retailer. We are passionate about our family legacy and equally passionate about helping our patrons lead a healthier life, as well as fulfilling their in- dividual requests. As more of our customers use Sunflower Shoppe as their primary grocery store, many have asked that we sell conventional wines as well as local, organic, andlor sulfite -free wines. It is our intention to meet this need by providing a variety of wines in approxi- mately 350 square feet of floor space within our 11,850 square foot store. We estimate sales of packaged wine at our facility to be about $40,000. el~v~~~ `i Business Information 5100 State Hwy 121, Suite A Colleyville, Texas ?80.54 817399.9100 Fax 817.399-99(19 Website: sunflowetshappe.com Sunflower Shoppe FALT SHEET History Healthy Approach Market was founded October 18, 1993 by Rick and LaVonne Bradford. They moved the thriving store from Glade Road to its current location on July 5, 2000. Healthy Approach Market was renamed Sunflower Shoppe in 2008 so that it would be affiliated by consumers with Sunflower Shoppe in Fort Worth, also owned by the Bradford family. Employees Sunflower Shoppe employs about 18 full-time and 6 part-time people year-round. Size of Store Approximately 11,850 square feet and over 12,500 products Business In 2010 the store had over 141,000 transactions with approximately $5,400,000 in sales. Transactions What we Vitamins, natural foods, gluten-free foods, refrigerated foods, frozen foods, dairy products, meats, bulk Offer foods, pet food, ethnic food, baking items, snacks, beverages, personal anal beauty caze (HBA) and more. Customers Approximately 30% of our patrons are fFom Colleyville and Grapevine. About 70% of our customers from adjacent cities {HEB, Keller, Southlake, etc...) and counties (Dallas, Denton, etc... ). Generally, our customers are age 40+ with 65% of them being female. The Sunflower Shoppe shopper is interested in natural and organic groceries and supplements, including vitamins, frozen and refrigerated foods, bulk foals, dairy products, health and beauty products and gluten-free products. vvhy does Sunflower Shoppe want to sell wine? In short, three reasons -customer demand, convenience and competition. The demand and re- quests from our customers for corrventionai and specialty wines has increased significantly and continues to grow steadily. Additionally, as Sunflower Shoppe is becoming the primary, one-slap grocery store for many of our customers, swine category would round out our selection to reflect what many grocery stores offer, We strive also to be competitive with our contemporaries. There is a growing trend in the natural foods industry and with our competitors to offer wine. We strive to be competitive with our fellow natural food retailers in all product categories and offering wine give us a competitive edge. 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I ' I 1+ f I _. 1 t.. .. t } 1~s __l_~ ~ t .. _ _... t. i..l_ ., __ ... 5 _ r _, .. ! ± /~ ,___ --~ , . 1 _. .. ~_~_ _ _.._ 1 3 1 a i 7' { ~ ~ -~ f t~ ~.. . -- - { I r _ - ~ f ~ _ f~ ~I . I { . _ c i 1 L. .. l ~ ~ ~ ... Y ~ V~ - I. - - I ~• ~ .._._ I __. I ..._. i-i- -. I _ __ pp X51 r - ~ ~ ~- __. .. . i .. ~ ..... __ _ I. _ SITE PLAN ~~ ;~^ ~~ 0 Urpj~p~ii(f c, fsmf. R S!Re~69~~og~A~c~~'b of IO R ,. 12,. _ m ~~~ 1 i~ ro ~~ 2~ ccgo a~ .¢spn.n. ....... ~ s8 .E > o ~ ~ o ~~~ °State Highway 121 ~~ (Southbound Service Road) ORDINANCE 0-11-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 3 OF THE HERITAGE HIGH SCHOOL ADDITION LOCATED AT 5100 STATE HIGHWAY 121, SUITE A, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF-PREMISE CONSUMPTION; 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. ZC11-016; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for the sale of beer and wine for off-premise consumption on Lot 1, Block 3, of the Heritage High School Addition located at 5100 State Highway 121, Suite A, as depicted on Exhibit "A", Exhibit "B" and Exhibit "C". 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: 'I C.FNFRAI a. This Special Use Permit shall only apply to the use of beer and wine sales for the purpose of off-premise consumption as described in Exhibit "B" and depicted in Exhibit "C" of the existing 11,850 square foot area, Suite A, on the subject property. b. 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. c. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-11-xxxx Page 3 of 3 Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Statement of Planning Objectives 31.00 State Ficvy lYl, Sine A t~olfeyville,'Ccaaa 76054 81';j399-gt W Fax 817.$J9-9909 webarte: aunflanecalioppe.com Statement of 11'nrpose Sunflower Shoppe, locally owned and operated by the third generation of the Bradford family, is Tarrant County's premier natural foods andvitamin stores since its inception in 19"70. As a fixture in the Tarrant Count}f area, Sunilosarer Shoppe has two locations, one in Fort ti~Torth and another in Golley~+ille. It has w•on countless accolades in the highly competitive natural foods industry as a leading independent retailer, true are passionate about our family legacy and equally passionate about helping our patrons lead a healthier life, as well as fulfilling their in- dividual requests. ~s more of our customers use Sunflower Shoppe as their pximary grocery store„ many have asked that we sell conventional wines as well as local, organic, andJor sulfite -free wines. It is our intention to meet this need by providing a variety of wines in approxi- mately 350 square feet of floor space within our l 1,850 square foot store. We estimate sales of packaged wine at our facility to be about $40,000. L%' "~, ~ .ate ~l,s~~,~ ~. Exhibit "C" -Site Plan ~ ~i FF t "'.-~' f. _ ~I ' 4}1 3 ~ ..^~~. isa~lf .tom .,~_ t - 7 ' ~ 3 y ! F. ._ ! ~ r- v ~-<. __ ~ ~ zv ._. _._ ....._ ~ ~ ( a_ ~ - ~_ ~ ~ a ~> ~= _y, i ~ ~ ~~~ ~~ -~ -- F~ ~ i ...~ _.._ - ~ r t i i ~ L` as m aU~ie /# . aw d y ~ ~ 3 l _ '' E i'~~ _ ~~ ~ _ ~ KI ~ 4V4VRV, S T ,r,~ ,. G G ~, rr ; l~_ ~ ~_ ~_ _~ ' f_n 'L"S'° ~ ~ _ i _ ~"~ "~ _ ' ~, ~ ~ 1 c ,.,-~, t, t ~- ~f _ j r: h M rt { ~ , j ~~ n r Y - ~ _ 1 _ { a I , ~_~; k ~ ~ ~ ~ m c 1 _ ~ - -:-~i ~'._~.. ~ 6 er ~. - t .1 i ~ ~ r i ~~ n t. ' ~ a ~ -- ,. E . . , ~ ~ u. ~ I _ ~N ~r fry cr - ' ;- a 1 v- w .,a r J + ~ -~ ,`~- =+ ~ r ,~ - ~ ~ • w 1 . ~ Y c h 4! a~.m 1 A ~' C t 4. n y ~ ' . RF a •~ ~ .4 ~, ; U.z t ~ L t '~ /L7 4~ ~ ~~t 1 YY ~~ ~ ~ ~ {Sautht~a:~nd gcv%~e Rvc~ , 1 ~./ ~~ City Hall i^~~~ X~i~-~ City ~f Co~~eyv~~~e 100 Main Street `~3 Colleyville, Texas 76034 '~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Agenda Date: 09/26/2011 Controlling Body: Planning and Zoning Commission Requester: Community Agenda No.: 7b Final Action: Development Department File Name: Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 Attachments: Location and Zoning Map Notification List Buffer Map Aerial Applicant's Request • Zoning Exhibit Proposed Ordinance History of Leg islative File Version: Date: Acting Body: Action Text: 1 09/26/2011 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 Explanation John Horobec submitted a request to change the zoning from the AG-Agriculture zoning district to the CC1-Village Retail zoning district on 0.6 acres located at 5300 Pleasant Run Road. The subject property is vacant, unplatted and zoned AG. The applicant is seeking a zoning change in order to increase the marketability of the subject property. Lot Sizes and Widths. The CC1 zoning district requires a minimum lot width of 150 square feet however the subject property is recognized as a lot of record and has a width of only 87 square feet. The property is required to be platted prior to the issuance of building permits. Surrounding Properties. The surrounding properties are a mixture of office and single family uses. The property to the north is zoned CN-Neighborhood Commercial and developed as a general office use. The property to the south is zoned AG-Agricultural and is developed as a private storage facility. The properties to the west are zoned R20-Single Family Residential and contain single family homes. The property to the east is zoned AG-Agricultural and contains a single family home. Development Trends. The development trends in this area primarily focus on office and City of Colleyville Page 1 Printed on 9/21/2011 Agenda Briefin_g Continued single family uses. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the Future Land Use Plan. Public Notification. Staff mailed notices to 25 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 with regards to this request. Summary. The proposed zoning Chang which designates the subject property as with the surrounding zoning designations. e is in compliance with the Future Land Use Plan, a future retail development area and is consistent Recommendation Approval City of Colleyville Page 2 Printed on 9/21/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Davis, Bobby Joe 8304 Old Springfield Pike Goodlettsville TN 37072 005313 Pleasant Run Rd Ethridge, Edgar 3324 Dustin Trl Hurst TX 76054 005309 Pleasant Run Rd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd Brothers, Lloyd PO Box 45 Colleyville TX 76034 005310 Pleasant Run Rd Figueroa, Robert & Beverley 817 Central Dr Colleyville TX 76034 000817 Central Dr Groffman, Steven Etux Beth 815 Central Dr Colleyville TX 76034 000815 Central Dr Gable, Michael & M A Smith 813 Central Dr Colleyville TX 76034 000813 Central Dr Young, Catherine Sue Est 811 Central Dr Colleyville TX 76034 000811 Central Dr Horobec, John, applicant 1404 W Irving Blvd Irving TX 75061 005300 Pleasant Run Rd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd Liberty Bank 860 Airport Fwy Ste 100 Hurst TX 76054 005217 Pleasant Run Rd D&V Walker Famly Ltd # 2 5501 Normandy Dr Colleyville TX 76034 005226 Pleasant Run Rd Liberty Bank 860 Airport Fwy Ste 100 Hurst TX 76054 005201 Pleasant Run Rd Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000038 Veranda Ln Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000034 Veranda Ln # 210 Winchester, Natalie 10300 Morado Cv Apt 701 Austin TX 78759 000032 Veranda Ln # 110 Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000042 Veranda Ln # 110 Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000044 Veranda Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000048 Veranda Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000070 Casa Ln Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000068 Veranda In # 610 Pitts, Rex A Etux Melanie A 66 Veranda Ln Colleyville TX 76034 000066 Veranda Ln # 510 Turner, Lori Etvir Joseph 62 Veranda Ln Colleyville TX 76034 000062 Veranda Ln # 310 Bell, William M III 60 Veranda Ln # 210 Colleyville TX 76034 000060 Veranda Ln # 210 Federal Home Loan Mortg 5000 Plano Pkwy Carrollton TX 75010 000064 Veranda Ln # 410 Public hearing notices were mailed on Friday, Sept. 9, 2011 by Amy Shelley Buffer Map 2 700 ~~ `613701( 713 5408 824 820 816 812 828 5405 5300 17 X613 X09 4805 712 ~ 71a 171s ~ s12 (8~4 I 816 ` 820 5312 5313 I .. _~ of 81 ? 5310 ~ ""` 5301 -~ 711 713 715 ' 811 8 t 3 815. __,x. , 5300 e,,...,~ M ... . .... ....., 522E3 522 ~_,~.~ ,w..~~~..,u ..~_ ~ ~ _r.... _ .~~,a~ . .~. ~~ ~Y.. N CC q N ~~`~~ ~ ~~ Q~ ~~ (VI I ~J V'" ~ .~ '~ 6 10 ~, 52€~ i 0 mm !I II II 11 '~ 5232 5209 5300 Aerial Applicant's Request WHITFxELU-TiALX, SURVEYOTtS 3559 WILLIAMS ROAD, SUITE 107 FORT WORTH, TEXAS 76116-7441 TEL:817-560-2916 FAX: 560-2996 To: Amy Shelley -Community Development Coordinator 104 Main Street Colleyville, Texas 76034 Re; Zoning request 5300 Pleasant Run Road Mr. John Horobec is requesting the property be rezoned from AG to CC-1. Mr. Horobec is requesting the change in order to increase the marketability of the property. Mr. Horobec has had inquiries on the property for use as an office in the past. When the property is rezoned, Mr. Horobec will proceed with platting on the properly. Thanks for your assistance in this matter. y . L. Williams Registered Professional Land Surveyor Zoning Exhibit s~a•~.Nav~rn~aen~ns o~ ~a ~ ~ seen roz s~ara 'o U . v, ~ , ; U ~~ °a z ~•~~~:d:v miUl ~+~° ~ ~4 ~, : Y : '~' ~ ' 7 :o: :~ e= a axO " 9a .J .9 .w • PLEASANT RUN ROAD _ ~ ~ H ~ ~ e e ~ 50' R.O.W. a ~~~ aka ~ " ,oo•cs ~ ^ ~ ~ g ~ ~.oo,ooooo s - " - ~ ~ w ~ ~ ~, ° < ~ " ~_ --- ~a - I O~ °o I I p, ~~~~III ~ ~ y I I ~~~ I I ~70~~ I I I I a /~O 0 ' ,~ a ~ I ~ I a ~; ~ ; ei 0 5 ~ ...~ G13 Is ~; ~~ ~I n v] ~~~~°.G j~ s C I W ~~ 3 ~ I'yJ I CO Q W O `'~ F u~ C p~ W I I ~ O <O~La [.+ ~d O~ C ~o~ e~ U I I a en ~ ozo s66u ~ e~ ~zo `~ I I z o r b ~' a ~.. W ~ I ( c U ~~~ I I ~~ I I a°~ O ----I~------ 6_unurvesmr -----~ ~ ~O~ ~ ~i N -'--~-- -- vvy ------.~--- .LWS3 A.LI'l1.Lf1 ~9 -----~ ~ ~ o> ~~ ~ ~ O ~.~.~io i ~ I Z ~ ~I O$ '~ sQs~ a~ ~i - ~` 1 y I~ m~~d ~~ ~I a °~ ~~3 ~ ~i ~ ~ ~ ~ ~ ~~ ~ y ~ " •~ F __6_trn~rrv_esNrr ~ i00'L8 ~ -- ° ~Ba~ ~ --~ws~.tl~an~9-------,41~,r90,91Ie081~I, L 9X 1.'11MlL/5~I1/ s of ~ ~ ~ v w ~E~'r ne ~I ~ ~„ ~o w ~, ss~~ '~ ~I ~~ a.o o e m~~m~ ~ ~~ ~ ~~ oQ ~o~~ ~ ~~ ~ w ' ~~ ~y~3 0 i ~~`' U U ~ --- -- -- -r- " w~ a o as ~ w ~ ~oFZ wr ~~ ago Q~s q ~ w~'w~ y~ z ~ ~ W wb~ ~ ~ e ~y W~W N P0~ m ~aalyyV H~~~pSap 8i ~ < p0, tFd ~ W^ ~` e ~ ~~ X ~ V~ 6 V Z -%FE r~i ~7 vi wiE ~Z~~~3'~ p~~~ O u ~ g ~ ~ .~ ~ ~ G ci ~"~8~~~~~~~~s~~ ORDINANCE 0-11-xxxx 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 TRACT 3A, ABSTRACT 206 OF THE B.B.B. AND C. RR CO. SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE CC1-VILLAGE RETAIL 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. ZC11-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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 tight 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 generally, and to the persons interested and situated in Ordinance 0-11-XXXX Page 2 of 3 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 Tract 3A, Abstract 206 of the B.B.B. and C. RR Co. Survey, from the AG- Agricultural zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A" and is described in the attached Exhibit "B' Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT 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. 5. 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. 6. 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. 7. 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. Ordinance 0-11-XXXX Page 3 of 3 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: 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 EXHIBIT "B"-Legal Description BE1NG a 0.639 acre tract of land in the B.B.B. and C. R.ailraad Ca. Survey, Abstract Number 206, situated in Tarrant County, 'Texas, and being all of that certain tract of land described in deed to Jahn Horobec, recorded in Instrument No. D205357773, Deed Records, Tarrant C©unty, Texas. The bearings far this description are based an the- bearings as they appear in Na. D2C163S7773, Deed Records, Tarrant County, Texas. Said 0.539 acre tract of land being described by metes and bounds as follows: BEGII~T'NI1~IG at a S/8" iron rod found. at the nariJleast corner of said John Harobec tract, and. being in the west right of way line of Pleasant Run Roadr a S0' public right of way, a,nd being. North 89°49'Qf}" East, a distance of 25.00 Feet from the southeast corner of Lat 1, Block 1, Ratliff Addition, recorded to Volume 388-I32, Page 82, Plat Retards, Tarrant County,. Texas; THENCir South 00°00'40" .East, along the said west right. of way line, a distance of 87..0{} Feet to the southeast corner of said Jahn. Hr~mbec tract, and. being the northeast comer of that certain tract of land described ire deed to D & V Walker Family L.P. Na. ~, retarded in Instrument 1\10. l]20~220b91, Deed Retards, Tarrant County, Texas; THENCE South $9°49'013" 'West, slang the common Pane of said Jahn Horabec tract, and said ]~ & V Walker Family L.P. No. 2 tract, a distance of 320.00 Feet to the southeast corner of Lot 3, Block 1, Ratliff Addition, .retarded in Volume 388-i 62, Page 57, PIat Records, Taman,t County, 'Texas; THEI~tCE North 00°00`Q0" Nest, departing the .north. line of said D & V Walker Family L.P, No. 2 tract, and continuing along the common line of said John I-Iorobec tract, and said Lot 3, a distance of 87.00 Feet to the northwest corner of said. John Harobec tract, and being at the southwest corner of Lot 2, Black 1, Ratliff Addition, recorded in Cabinet B, Slide 84~F, Plat Records, Tarrant County, Texas; TRICE North $9°49'00" East, departing the east line of said Lot 3, and. continuing. slang the north line of said Jahn I-lorabec tract, passing the southeast corner of said Lot Z, same being the southwest corner of said Lot 1 at a distance of 95.00 Feet, and passing the southeast corner of said Lot l at a distance of 295,00 Feet, and continuing for a total distance of 320.(}0 Feet to the POINT QF BEGINNING; and containing a computed arcs of 0.639 Acres, mare ar less. ~~ <., ? - ~~ ~ City of Colleyville ~~ `~ City Hall 100 Main Street Colleyville, Texas 76034 ~~~~~= Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Agenda Date: 09/26/2011 Controlling Body: Planning and Zoning Commission Requester: Community Agenda No.: 7c Final Action: Development Department File Name: Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.0 acres on Lot 4, Block 1, of the Mrs. Eva Paul Subdivision located at 1005 Tinker Road, Case ZC11-018 Attachments: Location and Zoning Map Notification List Buffer Map Aerial Statement of Planning Objectives Survey Exhibit Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/26/2011 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.0 acres on Lot 4, Block 1, of the Mrs. Eva Paul Subdivision located at 1005 Tinker Road, Case ZC11-018 Explanation William Stromberg submitted a request to rezone 1.0 acres of land located at 1005 Tinker Road from AG-Agricultural to R40-Single Family Residential (40,000 square feet minimum). The applicant is seeking the zoning change in order to obtain relief from the setback requirements of the AG zoning district given the size of the subject property. Lot Sizes. The property is zoned AG-Agricultural district. The AG zoning district requires a minimum lot area of three acres, lot width of 200 feet and lot depth of 300 feet. The lot consists of 1.0 acres with a lot width of 150 feet and lot depth of 298 feet. The R40-Single Family Residential zoning district requires a minimum lot area of 40,000 square feet, lot width of 150 feet and lot depth of 150 feet. The existing lot meets the minimum lot requirements for an R40-Single Family Residential lot and the Land Development Code. Setback Requirements. The AG zoning district requires a 40 foot front setback, 25 foot side setback and a 40 foot rear setback. The R40 zoning district requires a 40 foot front setback, a 15 foot side setback and a 25 foot rear setback. The applicant wishes to City of Colleyville Page 1 Printed on 9/22/2011 Agenda Briefing Continued construct a Tuscan style residential structure which will expand further into the side setback than what is allowed by the AG zoning district. Existing Conditions. The subject property is currently platted as one vacant lot. The applicant has submitted for a building permit for a single family residence. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The properties to the east and west are zoned AG-Agricultural and contain single family homes. The property to the north is zoned R40-Single Family Residential and is developed as a church. The property to the south is zoned R20-Single Family Residential and contains a single family home. Public Notification. Staff mailed notices to 14 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 letters regarding the request. Summary. The proposed zoning request is compliant with the Master Plan. The proposed lot meets the requirements of the Land Development Code. Recommendation Approval City of Colleyville Page 2 Printed on 9/2zizo7 ~ Location and Zoning Map 6404 6402 6321 R40 6401 1106 6450 ~~ 1101 1105 64th 1103 6300 6301 1204 12i 1008 1012 1190 11~bd 6215 1 1 1105 1109 1~1 1209 90g 411 1:003 1009 011 1 01 6228 qG 6213 ~~ 212 1204 1 ~ 502 904 906 1000 1002 1004 tf706 1100 1102 1104 1106 1290 R 0 ~ 1203 12D 6208 901 503 905 507 1001 6118 100 5600 1103 5601 6105 6114 6117 1009 560 1101 56D3 6t01 ~ 6112 6004 ~ 6143 6013 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Good Shepherd Catholic Ch 800 W Loop 820 5 Fort Worth TX 76108 001000 Tinker Rd Flowers, Keith 1012 Tinker Rd Colleyville TX 76034 001012 Tinker Rd Usrey, Gerald L 1008 Tinker Rd Colleyville TX 76034 001008 Tinker Rd Vigil, Stephen L Etux Theresa 1011 Tinker Rd Colleyville TX 76034 001011 Tinker Rd Agler, Wesley & Teresa 1009 Tinker Rd Colleyville TX 76034 001009 Tinker Rd Stromberg, William M, applicant 223 NE Loop 820 Ste 101 Hurst TX 76053 001005 Tinker Rd Decavitte, Dean Etux Michelle PO Box 92446 Southlake TX 76092 000911 Tinker Rd Gorena, Sandi J Etux Carlos Jr 909 Tinker Rd Colleyville TX 76034 000909 Tinker Rd Wright, Gary Etux Melinda 1006 Hardage Ln Colleyville TX 76034 001006 Hardage Ln Rosenjack, Richard & Stephanie 1004 Hardage Ln Colleyville TX 76034 001004 Hardage Ln Laurence, Joshua 1002 Hardage Ln Colleyville TX 76034 001002 Hardage Ln Eastham, David W Etux Janet L 1000 Hardage Ln Colleyville TX 76034 001000 Hardage Ln Collins, Thomas S Etux Martha 906 Hardage Ln Colleyville TX 76034 000906 Hardage Ln Keeling, James Jr Etux Susie 904 Hardage Ln Colleyville TX 76034 000904 Hardage Ln Public hearing notices were mailed on Friday, Sept. 9th, 2011 by Amy Shelley. Buffer Map 8501 ~ ~ f_. l f 4543 ~~42 ~~// 8503 S4t3 r~. 8502. ~,~"~ 8544 8544 8541 r 85(34 6403 1140 tt62 4144 8444 6441 11 8442 ~~~ ....,.~.., u e321 8440 1101 1149 i6 8449 1143 1444 a # '~ 3 8306 63.41 + 63 Y 7 ~ . '. w 31~. - . 1 1012 ~ 7144 1144 CJ 864 aGc ~-_ v 6316 _,... ~,~ w 8215 6p 411 I -05 ~ t00P 41# 1141 1t05 4548 t201 8228 8213 8212 82.12 3 t ~ 1#Qt*k 642 1 1 ~:8 _~ t ~__ 13~ti ~.'~1' 11~J4 iT42 t`F44 1108 9_06 \.. '. ~ h 8248 8t16 ~~ A44 603 605 607 #()01 100. 4103 `~1 ~ 584 F e,D3 ~ 8144 8117 144£+ 1141 Aerial Amy Shelley Statement of Planning Objectives Subject: FW: 1005 Tinker From: WILLIAM STROMBERG Sent: Thursday, September 22, 2011 4:56 PM To: Amy Shelley Subject: 1005 Tinker I would like to rezone my property at 1005 Tinker Rd from Ag-Agricultural zoning district to the R40-Single Family Residential zoning district. I recently applied for a building permit to contruct a new home and realized that the setbacks for AG zoning district would not albw for my design. My lot only contains 1 acre, not 3 acres like the AG zoning district requires therefore the properly is considered a lot of record. The R40 zoning district will allow for the flexibility with the construction of my new home. Bill Stromberg survey txniui>< Scale 1 "= 40' f 005 TINKER ROAD 50' R,O.B: - ASPAALT PAYING F,o, , - ,P EAST 150.00 FNO. , - a N o. 30' B.L. 0 0 v m !~%€y z A m 1.5 3.6 m LOT 4 2:3 O ~.OZS ACRES IRON FENCE czi ~ N 2 O 0 ~ cN0 = ~~ N tD Z O m ~ LOT 3 MRS EVA PAUL'S v o LOT 5 ' . MRS. EVA PAUL S SUBDMSION SUBDMSION VOL. 388-0, PG. 357 PG. 357 VOL. 388-0 P.R.T.C.T. , P.R.T.C.T. z r Z x m ~ z o rn ~ z m ----- ------5' U.E.------------ FND. 5/8- IP _FND. S/8- IP .. .. .. .. WOOD FENCE P ro LBS WEST 150.00 ~ °' LOT 5, BLOCK A LOT 6, BLOCK A HAROAGE ESTATE HAROAGE ESTATE VOL. 388-0, PG. 357 VOL. 388-0, PG. 357 CAB. A, SLIDE 470 CAB. A, SLIDE 470 ACCORD>NG ro FEUA ww ND. sBS3s00093K MNE x. OATEO s-23-09 THE ABOVE l0T GOES NDT LIE tATlIIN 7NE 700 YEAR FL000 pW1, AT iW4 TME. LOT 4, MRS. EVA PAUL'S SUBDIVISION, AN ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-0, PAGE 357, PLAT RECORDS, TARRANT COUNTY, TEXAS LEGEND: TF IRON PIN i>i it;:z's'; J:r~l >~»"<~' ,~~ of TF LOYD BRANSOM SURVEYORS INC. O IRON PIPE ~ '<P o ` , '~y CHARLES B. HOOKS, JR. o eas D'^R~ SrAKE ``''j~` °' ~ y ~ ° `r REGISTERED PROFESSIONAL LAND SURVEYOR ^ CONCRETE MONUMENT '' ~ CHARI£Cg y00 ,~. 1028 NORTH SYLVANIA AVENUE -x-x- FENCE ;;~: % i: ' ~; ;;: %a 3946 :, ." FT. WORTH, TEXAS 7611 1 _ ~_~_ - T ? PosIER ~E ~ ~ o ; ;, ; ':.::'''s' , ~ + ~ 0 ~ • s ` y0 9,y 17) 34-3477 j - CAr - 1 N c .E r;..r Q SUR`D`' ! ~~~' ~ C CONCRETE PAVING '`"~~'' i ~ -~~ AsPNALT PAVING 11-421 DATE: 07-01-11 ORDINANCE 0-11-xxxx 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 1.0 ACRES ON LOT 4, BLOCK 1, OF THE MRS. EVA PAULS SUBDIVISION FROM THE AG-AGRICULTURAL TO R40-SINGLE FAMILY RESIDENTIAL 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 ZC 11-018; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-XXXX Page 2 of 3 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 1.0 acres portion of Lot 4, Block 1, Mrs. Eva Pauls Subdivision from the AG- Agricultural zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in the attached Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT 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. 5. 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. 6. 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. 7. 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. Ordinance 0-11-XXXX Page 3 of 3 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 f~i04 ` t~1G 11'6 EaC2 ems, R~+U ~~ too, R4 ~~ „~ 1'It}3 tOW &3t7Q ~~(} 1 )? `12fld 923 ~ltt+ 1€QD8 tQ~2 nao 1ti.4 {~1 ~7F 1.,~'t 72(k~ alt ltt~~ t tot? ~~ tto~ racy ~s /~ X13 ~"'~ 7 2~i4 1 212 4t70 919'3 6014 ~ 17116 7G702 tCLW 9th ~ SIX? 1tt?3 110+7 t if~k7 1"1t1G fi2t18 ~Grt ,. 720' 7.~~ 9Dt ~ 96s ao 7 d119 709 Sti}3 5~4Q1 674 S&a3 6774 ~ifi7 1~9 1Itf4 ~tdt ~~ ~t12 ~" 6t13 ~ bDi3 e -. Exhibit "B"-Survey Exhibit lGtt~S fi~N,R' SQ' R:Q. M. « iSPffAL7' P,I VlN~C trm. , EAST 154.00 rw~. , rv ~ _ :: 0. i D w t5 3.6 ' w p i ~ :.J fl ~•~~~ ~C~`~ IRON FENCE S r, r C'S ' ~p m 4 ~ LOT 3 v ~ k4RS EYA PAIJI'S ~ I~OT 5 . 1S9 N FJ ~ON 0 S # PAUL'S ' tv1~'S ~1+`n . y2 ryry ~~ Qp y~~ ~pp yryyt +. p K~ 'y+ cr' PG. X57 VOG 3$$-0 P.R.T.C.T. , C7- Q.$ ." Q WOOD FENCE v ~ WEST 15(1.40 ~ °r LOT 5, BLOCK n ~Or 6. BI.t7CK A HARDACE ESTATE HnRC1nGE :ESTATE Wl. 3B$-W0, PG. 357 ~'OL. 388-Q. PG. 35a CA£3. A, S~1pE 4713 CAB. n. SLIOE 47'O