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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-1/9/2012City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colle yville. com ~',i~~~ ~~1~ - - ~-~~ ~ ~ I1 ~~ __ rt ti,~, Meeting Agenda Monday, January 9, 2012 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~ ~~- City of Colleyville ~.- , ~~ri~~.~i r _ ; ~- Meeting Agenda ~.•~. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 9, 2012 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 Wheelwright 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES December 12, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request to rezone 4.8 acres from RE-Single Family "Estate" Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case ZC11-027 City of Colleyville Page 1 Printed on 12/19/2011 Planning and Zoning Commission Meeting Agenda January 9, 2012 7b Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1 R, Block 1, of the Nystel Addition located at 1815 John McCain Road, Case ZC11-028 8. A OUR ENT I hereby rtify the ove agenda was posted on the bulletin boards at City Hall on Frida ,January 6, 2012 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 12/19/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~.lf~' ri/ .e.. Minutes -Draft Monday, December 12, 2011 6:15 PM City Council Chambers Planning and Zoning Commission " ~" City of Colleyville City Hall `>!~z~~,,. 100 Main Street i~~~:4~q~ ~ Colleyville, Texas 76034 Minutes -Draft 817.503.1000 '~ www.colleyville.com Planning and Zoning Commission Monday, December 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 12, 2011 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus and Jeff Byerly Absent: Commissioner Phelps Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the November 28, 2011 meeting minutes with grammar corrections. Commissioner Davis seconded. City of Colleyville Page 1 Printed on 12/19/2011 Planning and Zoning Commission Minutes -Draft December 12, 2011 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Byerly Absent: 1 -Phelps 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat on 10.1 acres on Lot 1, Block 1, of the Kroger Addition located at 4904 and 4908 Colleyville Boulevard, Case PC11-014 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:04 p.m. Chris Biggers, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Biggers regarding the plan for the other parcels of property. Mr. Biggers replied that the parcels would remain as is but that they do not know specifically the plans for those parcels. Commissioner Dudziak questioned Mr. Biggers regarding if Walmart gets involved in those types of plans? Mr. Biggers replied not typically since they are going into an existing shopping center such as this. He stated if they were to own and sell those parcels, then they would get involved. Commissioner Dudziak questioned Mr. Biggers regarding if Walmart elected not to purchase these. Mr. Biggers replied correct. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Davis moved to approve case PC11-014. Commissioner Rotthaus seconded. Commissioner Dudziak stated that it is the job of this board to try to maintain the integrity of a large piece of property so that in the future we still have the ability to develop the town center as has been discussed many times with the overlay discussions and the redevelopment of 26 projects and much citizen involvement that has asked us to keep these properties in a whole form so that we can do something strategic for our town center. He stated while this is a great economic development for City of Colleyville Page 2 Printed on 12/19/2011 Planning and Zoning Commission Minutes -Draft December 12, 2011 our town center, he stated he does not believe it is in the best interest to separate it. He feels that more should have been asked for and therefore he respectfully votes no. The motion carried by the following vote: Aye: 5 -Knox, Wheelwright, Davis, Rotthaus, Byerly Nay: 1 -Dudziak Absent: 1 -Phelps 7b Approval of a request to rezone 23 acres from the AG-Agricultural to CC1-Village Retail with a Special Use Permit for a cemetery or mausoleum on Tract 2601, Abstract 180 of the J.L. Byas Survey located at 5725 Colleyville Boulevard, Case ZC11-026 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the applicant can now put a mausoleum in any of the area that is being rezoned. Ron Ruthven replied correct with a building permit. He further explained that there is not a lot of land to be able to construct a mausoleum given the fact that most of the land is grave plots. Commissioner Dudziak questioned staff regarding if a multi-story building could be built. Ron Ruthven replied yes but they would not be able to go over 35 feet in height. Commissioner Dudziak questioned staff if the applicant could build a chapel? Ron Ruthven replied yes. Commissioner Dudziak questioned staff if there were any other structures that could be built on this parcel? Ron Ruthven replied that technically, since the underlying zoning district is commercial, they could build a commercial structure, like an office or retail building on the property. He further stated that it would be problematic because of having to move grave plots. He stated he does not anticipate seeing this happen. Commissioner Dudziak stated that if the right offer came in, it is possible to build a commercial structure. Ron Ruthven concurred if all zoning conditions are met. Commissioner Byerly questioned staff regarding what type of building design score is going to have to be met. Ron Ruthven replied that the current ordinance does not specify design scores for institutional uses. He stated that the CC1 zoning district would be have to meet a design score of 30. City of Colleyville Page 3 Printed on 12/19/2011 Planning and Zoning Commission Minutes -Draft December 12, 2011 Commissioner Wheelwright questioned staff regarding if most of that area is used as burial plots. Ron Ruthven replied, by using the exhibits provided, to the west of the vacant area to the east of Broughton, is the last undeveloped piece. He stated everything else is developed as grave plots. He stated that the applicant can explain the areas. Commissioner Byerly opened the public hearing at 7:15 p.m. Julian Brown, representing Bluebonnet Hills Cemetery, came forward to present the case and briefed the Commissioners. He further explained that none of the burial plots will be moved. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Knox questioned staff regarding if the SUP is to be able to construct the building. Ron Ruthven replied yes, as it stands now, it is a legal non-conforming use that can not be expanded therefore the building permit is on hold depending on the rezoning. Commissioner Knox questioned staff regarding if the rezoning is approved then can the applicant build a building twice as tall as the one that is currently out there? Ron Ruthven replied correct. Commissioner Knox questioned staff regarding if a condition regarding the height can be specified in the SUP? Ron Ruthven replied yes. Commissioner Knox stated having an issue with a two story mausoleum, or a 35 foot tall structure right on SH26. Commissioner Knox moved to amendment that the building Commissioner Dudziak seconded. approve case ZC11-026 with an eve height not exceed 17 feet. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Byerly Absent: 1 -Phelps 8. ADJOURNMENT The meeting adjourned at 7:21 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 4 Printed on 12/19/2011 ,}n .,, -,•, ~% . Cat ~f Co~~e V~~~e 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 Requester: Community Development Department Agenda Date: 01 /09/2012 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to rezone 4.8 acres from RE-Single Family "Estate" Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case ZC11-027 Attachments: Location and Zoning Map Buffer Map Aerial Notification List Letter of Opposition Statement of Planning Objectives Proposed Site Site Plan Lighting Exhibit Pavilion Exhibit Open Rail Fence Exhibit Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/09/2012 Planning and Zoning Commission Title Approval of a request to rezone 4.8 acres from RE-Single Family "Estate" Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case ZC11-027 Explanation Dave Toney, on behalf of Compass Christian Church, submitted a request to change the zoning of 4.8 acres, located on the southwest corner of Hall Johnson Road and Pool Road. The applicant is requesting to rezone the property from the RE-Single Family 'Estate' Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district. The applicant is seeking a zoning change in order to develop the property for athletic and outdoor activities and a parking lot to support the overflow parking of the church. Proposed Development. The applicant proposes an open green space for athletic and outdoor activities, an open basketball court, a 7,200 square foot covered pavilion, and approximately 166 parking spaces for support of the proposed land uses as well as overflow parking for the adjacent church facilities. The use of athletic facilities would be for congregation members, community groups and athletic leagues. Lighting proposed for the site would illuminate the parking lot, basketball court and covered pavilion. The athletic field would not be illuminated. These provisions have been added to City of Colleyville Page 1 Printed on 1/6/2012 Agenda Briefing Continued the proposed ordinance. Religious institutions are allowed in all zoning districts. However, given the accessory nature of the proposed use to the primary use of the Compass Church campus located across the street at 2600 Hall-Johnson Road, the accessory use effectively becomes the actual primary use on the subject property. Therefore, a zoning change is required in order to permit the proposed use. Existing Conditions. The property is currently vacant, and is platted. Approval of a subdivision amending plat will be required at a later date, upon approval of the rezoning request. Pavilion Building Design. The applicant has provided elevations for a proposed pavilion building elevations. These elevations have been added to the proposed ordinance. All buildings will be restricted to the building area proposed by the applicant and all buildings will be required to meet the building height requirements of the Land Development Code. Parking and Access. The applicant intends to provide 166 parking spaces which meet the minimum requirements of the Land Development Code. The property will be accessed by a continuous 24 foot wide fire lane linking the south side of Hall-Johnson Road to the west side of Pool Road. Currently, the property is undeveloped and does not contain any driveway access. Staff recommends that any parking lot and exterior building/security lighting be directed away from residential areas with a minimum of 0.5 foot-candle illumination as measured at the property line. These provisions have been added to the proposed ordinance. Sidewalks and Trails. There is an existing sidewalk located on this site along both Hall- Johnson and Pool Roads. The developer will be responsible for replacing or repairing the sidewalk should damage occur during the construction process. The sidewalk must be repaired or replaced prior to the final inspection on the site. Surrounding Properties. The surrounding properties include the following uses: a Compass Church annex to the east in the City of Grapevine, the primary Compass Church campus to the north, and single family residential uses to the west and south of the subject property. Master Plan. The 2004-2025 Future Land Use Plan designates the subject property for future residential uses. This rezoning request is not consistent with the Future Land Use Plan. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the building permit process. City of Colleyville Page 2 Printed on 1/6/2012 Agenda Briefing Continued Fencing and Screening. The applicant is proposing to construct a ten foot masonry and wood fence with a 20 foot wide evergreen landscape buffer along the western property line. The applicant is proposing to have a 20 foot landscape buffer along the western and southern property line. Staff recommends that an eight (8) foot wood screening fence be constructed along the southern property line adjacent to the residentially zoned properties. Additionally, staff recommends that the landscape buffers contain live plant material of the evergreen variety, which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The applicant is proposing to construct an eight (8) foot open rail steel panel fence with hedges along the northern property line along Hall-Johnson Road to help keep errant balls from making their way into traffic. This provision has been added to the proposed ordinance. Landscaping. The applicant states that general landscaping and landscaping accents will be provided throughout the site for enhancement and beautification of the land. The site plan provided by the applicant shows the general distribution of the proposed landscaping. Staff recommends that all landscaping, at a minimum, meet the requirements of Chapter 4-Landscaping and Buffering in the Land Development Code including street, buffering and parking lot landscaping. Open Space. The Land Development Code requires that Planned Unit Developments contain a minimum of 20 percent of open space. Given the recreational nature of the proposed use, there will be over 50 percent of open space on the subject property. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon submittal of a building permit for any new structure. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request and a courtesy notice was mailed to the City of Grapevine. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter in opposition to the rezoning request. Summary. The proposed use is not consistent with the Future Land Use Plan, as the subject properties are designated for single family uses. However, the Land Development Code allows the primary use of a religious institution in all zoning districts in order to remain consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA) passed by the United States Congress in 2000. Religious institutions are designated as institutional uses on the Future Land Use Plan. Religious institutions tend to have development characteristics that more resemble commercial as opposed to residential uses. That said, given the detached (or accessory) nature of the proposed use from the primary use of the church across the street at 2600 Hall-Johnson Road, as well as the proposed primary use of the property for a parking lot and athletic uses for use by the greater community, staff agrees that the proposed use is not consistent with the land use policies of the Colleyville Plan and the Land Development Code. City of Colleyville Page 3 Printed on 1/6/2012 Agenda Briefing Continued Recommendation Denial City of Colleyville Page 4 Printed on 1/6/2012 Location and Zoning Map _..... ~o,~ _ __ _. ~' ~~~ 247 ' 25€7 t ~ 25tP5 2547 2641 Zs47~ 2475 5s47~ 5~7 2~47a 2b04 ' Z~o2 2fi4A ~s46 Zs~s 244741 ~~~~ ~~~ _..i ,.. '~ ' 58041 ~ 207 254I ' .~ 5$417 5901 574 ~O S ~ 5802 ~ 24147(7 04 2'+45 2540 ; 5$04 ~ 5803 _ ~ ~~~ .r ~_..._.... AG R20 ~ ~ ~y "~.~ 25(75 25(17 ~...~,.. ~.......... _ ,~ _ ' __ . ._..._. ,__. .. _._ 2547#9 12 ~ ~ 5713 ~... ~._. i ~,. 748 T09 5747 5700 2544 2 570 5745 5740 5701 5702 ' 25{74 Sit e ~ '~~ ~4 t..+r ~` R20 5604 5&13 5700 5(11 ~'.~~~~~ _.....: 9 ~ ~ 24'21 5647 5fid}5 ~ 241 ~ ~ .~5` 5!145 RE 5609 5503 City of Grapevine Buffer Map s i I ~ ~ r ~ ~~~j ~~a I ~ ~~ E Y ( , S~~ I ~ ~', ~~ 257 /'""'"r '~•`"~'~ ~ / 250 ~€~+ Fa~aa ~€ ~5t3 ~- ~~~ W ~ ~~ ~ ~ Site ~b; 57Q1 S7G~C M e ~ ~ F ~t~4 13 ', ~, ~ ~ S?(lt3 ~~~~ 25~~ E~i£ '~ ~ 2~2a `~ ` t T~` C ~~,.~,_ _ ~~~ 5b~ ~ "'*"~ S~C~1 4 ' l ,~ "( 55~ 5€'i ~fJ~ 24fF7 i ~ ( ~ S i 7 ~5=fJ~ ~~~ aa~s ' j~ ~~ ~~s ~ r o~ ~~o~ ~7c~ Aerial Notification List OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDR Highland Meadows Christian Ch 2600 Hall Johnson Rd Colleyville TX 76034 002600 Hall Johnson Rd Gray, Travis P Etux Kathleen 5801 N Ballantrae Dr Colleyville TX 76034 005801 N Ballantrae Dr Przano, Anthony P Etux D Dawan 2509 Ballantrae Dr Colleyville TX 76034 002509 Ballantrae Dr Pennington, David F Etux Marie 2516 Hall Johnson Rd Colleyville TX 76034 002516 Hall Johnson Rd Cohen-Wullaert, Allison Etvir 2502 Kings Ct Colleyville TX 76034 002502 Kings Ct Pearson, Patrick L & Celestine 2500 Kings Ct Colleyville TX 76034 002500 Kings Ct Lucart, Sean T Etux Linda A 2504 Kings Ct Colleyville TX 76034 002504 Kings Ct Baca, Richard Jr & Patricia J 4801 Behrens Ct Colleyville TX 76034 005604 Pool Rd Baca, Richard 1r Etux Patricia 4801 Behrens Ct Colleyville TX 76034 005700 Pool Rd Neisius, Brandon Etux Carolyn 2503 Kings Ct Colleyville TX 76034 002503 Kings Ct Yin, Hai-Kuang Etux Nanyi 2501 Kings Ct Colleyville TX 76034 002501 Kings Ct Sanders, Billie Joyce 5500 Pool Rd Colleyville TX 76034 005600 Pool Rd Henderson, Gary R Etux Julie 5605 Winding Trl Colleyville TX 76034 005605 Winding Tr Intfen, Christopher Etux Marga 5603 WindingTrl Colleyville TX 76034 005603 Winding Tr Sanders, Billie Joyce 5500 Pool Rd Colleyville TX 76034 005500 Pool Rd City of Grapevine P.O. Box 95140 Grapevine TX 76099 courtesy notice Dave Toney, applicant 2600 Hall Johnson Rd Colleyville TX 76034 applicant Public hearing notices were mailed on Thursday, December 22, 2011 by Amy Shelley. Letter of Opposition From: Sent: Monday, January 02, 2012 8:29 AM To: Amy Shelley Subject: Zoning case number ZC11-027 Amy, Please accept this as written notice that we do nat want a zoning change to Commercial from residential at this location. Thank you, Anthony Przano 2509 Ballantrae Drive Colleyville, Texas 76034 817-269-6588 Statement of Planning Objectives Statement of Planning Objectives Compass Christian Church Southwest Comer of Pool Rd and Hall Johnson Rd Compass Christian Church is in process of acquiring lots 1 & 2 of Block 1 of the S.C.H. Witten Survey A-1740. The approximately 4.8 acres is across Hall Johnson from the existing Compass Christian Church main facility and across Pool Road from Compass Center, the Youth and Community Outreach facility also owned by the church. The land uses proposed include an open green space for athletic and outdoor activities, an open basketball court, a 7200 square foot covered pavilion, and an approximately 166 space surface parking lot for support of the proposed land uses as well as overflow parking for the adjacent church facilities. The intended land uses will allow the church ministry to expand outdoor options for not only the congregation but also for community outreach including educational meetings, athletic league use, and recreation. Impact to neighboring communities has been carefully reviewed and is important to the churches emphasis on being a good neighbor. The existing residential community to the west will have ten foot masonry and wood fence barrier as well as a twenty foot minimum deep evergreen landscape buffer planted in a free form or natural style. The land to the south currently zoned residential estate will have a 20 foot minimum deep landscape buffer. Currently the church is looking at an option of lighting the Pool Road side of the site (away from the existing residential area) to include the parking lot, pavilion, and basketball court, but not the open green area. No sound system is being considered at this time. Safety is also a concern of the church. Currently on worship service or special events, the church does employ security personnel to help with both traffic flow and pedestrian traffic crossing the Hall Johnson -Pool Road intersection. This would continue for this properly as well. As a border to the open green space athletic fields, an 8 foot open rail steel panel fence with hedges will be provided down Hall Johnson to help keep errand balls from making their way into traffic. The street scope will include trees and plantings as required by landscape ordinances and hedges at the perimeter of the parking lot. General landscaping and landscaping accents will be provided throughout the site for enhancement and beautification of the land. The site will be irrigated including the existing landscape near the city sign. A landscape backdrop with be provided for the sign to allow the sign to maintain its identity and shield it from any proposed site lighting that may occur. Ward Architecture, PLLC • 5005 Colleyville Blvd Suite 202, Colleyville, TX 76034 • (817) 281-5600 _.. ,_ _. Prnrtnsarl-Siva- ._ __.. _...__._. ... _.. '-~ - _ . ~cX:S ary„i_~I I `n~ :. HAL!--JOHNSON R0.4D (County Road 3/20) --470. I3` u '? ; O O p~,~ WT 1 a S , , c a ~ ~ ~ ` 1~ ~~ip ~______ ~S EAST-~. Q)290~ ~ d Z Sco%: I X100` ~y.~a s~ s. ~ COLLEYVILLE ~ral/I~fY~ Texas Mnn91v+swom. r,.d -ni<e. m.w. !O!7 S. Pof G.ge,v%M, Taamc M091 (VOTE ~. va.~eau m...n. ` f. 4/ baep~ ~ nvwd M sM'ie . 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Open Rail Fence Exhibit ORDINANCE 0-12-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.8 ACRES ON LOTS 1A AND 2, BLOCK 1, OF THE WILDWOOD ESTATES ADDITION FROM THE RE-SINGLE FAMILY `ESTATE' RESIDENTIAL ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT LOCATED AT 5604 AND 5700 POOL ROAD; 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. ZC11-027; 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 0-12-XXXX Page 2 of 5 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 official zoning map on 4.8 acres on Lots 1A and 2, Block 1, of the Wildwood Estates Addition from the RE-Single Family 'Estate' Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district located at 5604 and 5700 Pool Road, as depicted on Exhibit "A" and described in Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for parking and athletic and outdoor activities in conjunction with the Compass Christian Church located at 2600 Hall Johnson Road. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "C". b. Prior to the issuance of any building permit, an amending plat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the County Clerk. Ordinance 0-12-XXXX Page3of5 3. PERMITTED USES a. Athletic field b. Covered pavilion, not to exceed 7,200 square feet c. Basketball court d. Parking spaces 4. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. b. There shall be no nighttime illumination of any kind for the athletic field. 5. COVERED PAVILION a. The covered pavilion area shall be generally consistent with the site plan attached as Exhibit "D" with all support columns and walls constructed of masonry materials. The pavilion shall be required to meet the building height requirements of the Land Development Code. 6. SCREENING a. A ten (10) foot masonry and wood fence shall extend along the western property line. b. An eight (8) foot wood screening fence shall extend along the southern property line. c. A decorative eight (8) foot open rail steel panel fence shall extend along the northern property line along Hall-Johnson Road to keep errant balls from making their way into traffic as attached Exhibit "E". 7. LANDSCAPING, BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 50 percent of open space. b. A 20 foot landscape buffer shall be maintained along the western and southern property lines. Additionally, the landscape buffers shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings shall be required in the buffer along the western Ordinance 0-12-XXXX Page 4 of 5 property line prior to the completion of the athletic field. 8. SIDEWALKS a. The developer shall replace and/or repair the existing five (5) foot sidewalk along Hall-Johnson and Pool Roads should damage occur during the construction process. The sidewalk must be repaired or replaced prior to the final inspection on the site. b. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT 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 2012. The second reading and public hearing being conducted on the day of 2012. Ordinance 0-12-XXXX Page 5 of 5 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 .~ __...._. 4 5 ~3~}7 c-esA~ ru, ,2 t~ ~ ,:' ~t~ I `~ I. _' s"'3E~Ir F ~i I ~t~ /~'+~-~ + 3 '~.J ?r~14?, ' .' j ,, ,f ? 'Wi't! ~ ~ '~.'?~Jt =° ~~ ~ ~. ;'a1~a '~~~ „CJia ,ham'- ~ ~ _~ . _. .___~.__._........ ,. ~r, f: ~- __ .g+~ ~ I ,, _ ~ ~~ 1~ ~k j} 4 7 ~ y. I ~ £ CIS $ t ~ L.rJ , i ~~'~ =; e .~t.: _ _~~ •~.. ~ ~.~-~ :..rub { ~ ' ~~ ~~-.. ~ } ~ C~~ ~ x,77 Cit o~ ~a n ~ ~~ a ~F~~,~~ I ~ ' y . _ ~.., ,,~ ~,._..~ .. I ~ ~ - ~ ~ s7~o r.~. r ~ r ,~ ( 'L1 ~ , ~~ w ~',? 5£ I :, x ;rilCf ~ ._, __ _ ~ .~ ~ ;z ~J~ yl ~` pYc '. SM..A~ I '• ~~, ~~ Exhibit "B" -Statement of Planning Objectives Cflrpass Christian Church is in prflcess of acquiring lflts 1 & ~ flf' Blflclr 1 flf the S.G.H. Wihen Survey A~-1740. Tire apprflximately 4.8 acres is across Half ,iflhnsfln frflm the existing Compass Christian Church main Facility and acrflss Pflfll Road frflm Compass Center, the Youth and Cflrnmunity Outreach facility also Owned by the church. The land uses proposed include an open green space for athletic and outdflflr activities, an open basketball court, a 72f~ square fflflt covered pavilion, and an approximately 16f space surhace parking lotfar support of the prr~pflsed land usris as weft as Overflow parking fflr the adjacent church facilities. The intended land uses viii allow #frrr church ministry to expand outdoor optiflns for not Only the congregatifln but alsfl far community outreach including educatiflnal meetings, athletic league use, and recreation. impact to neig}rbflring communities has been carefully reviewed and is irnpor#an# to the cfrurches emphasis fln being a goad neighbor. The existing residential community to the west will have fen foot masflnry and' wood fence harrier as well as a twenty foot minimum deep evergreen landscape buffer planted in a free form or t~tural style. The land to the sfluth currently zoned residential estate will have a 2tf fflflt minimum deep Landscape buFfer. Currently the church is looking at an option of ligh#ing the Pool Road side of the site away frflm the existing residential area} to include the parking lot, pavilion, arrd basketball cflrar#. but not tfre open green area. t sc~~snd sys#am is being eonsder~ed at this tirrre. Sa#ety is also a concern crf the cfrurch. Currently on warship service fl~ special events. the ch~rrch does employ security persflrtr«el to help with ~tfi traffic flow and pedestrian traffic crossing the Hall Jahrrson -foal Roars intersection. This would continue for this property as yell. As a harder to the Open green space afhlet~c Fields, an f.L foot open rail steel panel fence wrth hedges will b$ prflvrded down Nall Johnsen to help keep errand balls frflm making their avey into traffic. Ttre street scope will include trees and plantings as required by landscape ordinances and fledges at tare ~rln~eter of the parking let: General landscaping and landscaping accents will be provided throughout the site for enhancement and beautification of tfre land. The site will be irrigated ir'tcludirrg the existing landscape near the city sign. A landscape backdrop with be provided for the sign to allow the sign to maintain its identity and shield it firom any proposed site ligh#ing that may occur. Exhibit "C" -Site Plan .~. -~ 3 ~. y tF }. I <.ki~iTiNG`i rA~ ~C3~.'~T3 ~:`dt7 ~f~VIIJ(3h1 ___~. 1 ,,~ ~ , „,„,~~ - 1' aE ~ __ ~, 1 S 1 ~' 1 L~ ,i ~ ~ rY- _._.~. ~.,W.~~ ! ... ~ w~___- _ _..W,~~. ,~ ~.___ ,-~--,~ , INt i NNE __ __ ~. ~ _ _ ~,. __ ~ [F .~. {~ j 1 E ~ I I~ 3.. € 1 ?. ~m _{: =.!2.11 '1 c ~~t.:f`, ~. PtJt3L ~rQA[3 ~~ ~~ --~~,~- '~ :'J h 'p F.;. Exhibit "D" -Pavilion Exhibit _. ~,:. ~~°~~~~, ~ ~ r~ i µ ,~ sir :: ... i z , i;ysk ~ l ..., fC{ `ice ;~* r' ~~ y.r r Y k 4 Exhibit "E" -Open Rail Fence Exhibit fit ~~ City Hall `~ ~~~ ~~~' _~ City ~~ Co~~eyv~~~e 100 Main Street Esrw~W.,~ ~~` Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 01/09/2012 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1 R, Block 1, of the Nystel Addition located at 1815 John McCain Road, Case ZC11-028 Attachments: Location and Zoning Map Notification List Buffer Map Aerial Letters of Opposition Statement of Planning Objectives Photos Provided by Applicant Ordinance 0-04-1472 Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/09/2012 Planning and Zoning Commission Title Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1R, Block 1, of the Nystel Addition located at 1815 John McCain Road, Case ZC11-028 Explanation Andrew Gardner, owner of A & L Imports, Inc., submitted a request to amend Ordinance 0-04-1472 to include outside vehicle sales on approximately 1.2 acres, located at 1815 John McCain Road. The applicant states that his business model has changed, since he applied for the Special Use Permit in 2004, to include outside vehicle sales in addition to the wholesaling of automobiles. The applicant states that the vehicles are parked on the lot for sale during the day and then moved inside at closing time. Existing Zoning. The original Ordinance 0-04-1472 was approved by City Council on August 4, 2004. This ordinance authorized a Special Use Permit for vehicle storage inside the existing 12,000 square foot building, in conjunction with the underlying ML-Light Manufacturing zoning district. The ordinance does not explicitly allow vehicle sales and it also restricts outside vehicle sales. Proposed Ordinance Amendment. City staff informed the applicant that outside vehicle sales are prohibited by Ordinance 0-04-1472 and that approval for outside sales must be obtained through an amendment to the ordinance in order for the business to be in compliance. Therefore, the applicant is seeking to amend the existing ordinance to include outside vehicle sales. City of Colleyville Page 1 Printed on 1/6/2012 Agenda Briefing Continued Staff has also added a specific provision to the proposed ordinance approving vehicle sales on the subject property. Ordinance 0-04-1472 only allows vehicle storage on the subject property but implies that vehicle sales are allowed by requiring that "all vehicles for sale shall be stored inside the building". This would clearly authorize vehicle sales as well as storage on the subject property. Staff has also added the following language to the proposed ordinance consistent with all recent Special Use Permit approvals: "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." Master Plan. The Colleyville Master Plan designates the subject property for retail uses. The request is generally consistent with the Master Plan provided a Special Use Permit is approved by the City Council. Surrounding Properties. The property to the north is zoned R20-Single Family Residential and is developed as single family residential. The property to the west is zoned ML-Light Manufacturing and is undeveloped. The property to the east is zoned ML-Light Manufacturing and is developed as Professional Sales RV. The property to the south zoned CC2-Shopping Center and is undeveloped. Public Notification. Staff mailed notices to 12 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 four letters of opposition to this request. Summary. The request by the applicant is generally consistent with the Colleyville Master Plan as it relates to retail sales for vehicle accessories provided a Special Use Permit is approved by the City Council. However, the City does not receive any sales tax on the sale of motor vehicles. Outdoor storage and display of equipment is permitted in the ML-Light Manufacturing zoning district. The proposed use is consistent with the other commercial uses in the immediate area. Recommendation Approval with the conditions in the proposed ordinance. City of Colleyville Page 2 Printed on 1/6/2012 Location and Zoning Map { ~ 19 _.~. 7208 7209 7214 ~~~ ~ ~ ~ 72{19 7215 7212 7213 f6 ~ ~. ~ ...... w 7232 R: ~ 1 ~ 3 ~~ 1 ~ ,~, ~ 7205 7204 ~ 7205 72'C~ 7211 ~~ 12 21'1 72033 ~~ ~ 72035 r f 72135 ~ 7 07 ~ ~?' ~ 7201 7200 ~ 7201 7.2€36 ~ 72'07 7206 ~ 72035 ~ , 721 _ ' f ~ 72q~ 72[31 7203 7200 203. 7204 _ AG ?2t3a 735 iTus 713:. X31 &35 809 #113 ' `$' PUDR 7 2 ~ R .._..... 9 i9€)8 -..-....- ., 7~ ~ IIOD T t i 701.3 ~ / ... ' 7009 ' .. } f 7101 ~ ~ . 7005 r 001 ~ iT1r' j ~ / TO1S f 7~y~ i ,t Ls ~ ~ 'ts+ ~y ~~2 ~ O "'' n 73M}5 7609 t,~ ~ r r . . e. t .: ~~ ' ~ 7IX31 Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Blake, Tim W Etux Susan M 7203 Brooke Dr Colleyville TX 76034 007203 Brooke Dr Whitaker, M C Etux Anna 7204 Maranatha Ct Colleyville TX 76034 007204 Maranatha Ct Turner, C Allen 1908 John McCain Rd Colleyville TX 76034 001908 John McCain Rd Aghaalian, Mojtaba Etux Najafi 1813 Prince Meadow Dr Colleyville TX 76034 001813 Prince Meadow Dr Dees, John Etux Vilma 7200 Maranatha Ct Colleyville TX 76034 007200 Maranatha Ct Timarron Owners Assn Inc 700 Wentwood Dr Southlake TX 76092 001808 John McCain Rd Nelson, Arnold E & Joyce A 5800 Hunter Trl Colleyville TX 76034 0018091ohn McCain Rd Maverick Drywall & Insulation 19011ohn McCain Rd Ste A Colleyville TX 76034 001821 John McCain Rd Maverick Drywall & Insulation 1901 John McCain Rd Ste A Colleyville TX 76034 0019011ohn McCain Rd Pecan Creek Village Cntr Prtn 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 007000 Colleyville Blvd Chesapeake Land Dev Co Llc 6100 N Western Ave Oklahoma City OK 73118 006912 Colleyville Blvd Gardner, Andrew, applicant 1815 John McCain Rd Colleyville TX 76034 001815 John McCain Rd Public hearing notices were mailed on Thursday, December 22, 2011 by Amy Shelley. Buffer Map ~~- E~t~' ,~ ,. u~t~ r~11 72t3b ~,~~ c2[H3 i"?t77 ~2G8 ¢[,~ F~il~ ~~ 1 ~~~ 7~t~4 ~ ~ ~ ~~4 ~M ~ ~ ___. 'bF 16 S ~1~~ .~ 1 ~..., 7~ .r~~ ~~ «~~ ~ 9 € i'= 1 ~ ~ ~°~~' .~ ?:~'t'!8 ~~ ~4~~ ~~1 7t C3 7~?1? 7(3 'G~5 STN 1 ~ 6~FQ~ t7t75 ~i&~~4 S'~St~`~ T7[~ 1~L~4 1~13fY5 ~~[} 1 7~7 --,~~ Aerial Letters of Opposition From: Mary Huffman Sent: Thursday, 3anuary 05, 2012 3:53 PM To: Amy Shelley Subject: P&Z Meeting I would like to make it be known that I am opposed to the upcoming request for zoning change at 1815 John McCain Road in Colleyville. I feel this area is already too commercial for its location near many high-end residences. In fact, my hope is that someday the commercialism of the area will be greatly reduced and the beauty of the area enhanced. Right now the general area of the three commercial properties at the end of john McCain is an embarrassment to we residents who have to drive by it multiple times every day. I feel that if the proposed zoning change is approved, the car dealership will likely increase its volume, thereby increasing the number of times vehicle transports make deliveries. Right now, when these deliveries are made, John McCain traffic is blocked. Again, this is inappropriate for a two lane residential street. in addition, I fear that the typical less-than-appealing signage and other paraphernalia that typically goes along with automotive dealerships could start being displayed at that site and that too is inappropriate for the area. Thank you, Mary Huffman 7309 Trianon Ct. Colleyville 1 Amy Shelley Subject: FW: P & Z Meeting From: Laura DiCaro Sent: Thursday, January 05, 2012 9:13 PM To: Amy Shelley Subject: P & Z Meeting Please evaluate carefully the upcoming request for zoning change at 1815 John McCain Road in Calleyville. This is primarily a residential area on a high traffic two lane road. When vehicles are delivered currently, traffic quickly stacks up. I fear the zoning change will allow the car dealership to carry more vehicles and thereby create more traffic difficulties. The dealership would be better suited for Highway 26 where there are many vacant properties. For this reason, I encourage you to vote NO to this request for zoning change. Thank you, Laura DiCaro 7006 Orchard Hill Ct. Calleyville i Amy Shelley Subject: FW: Zoning- John McCain rd. From; Christine Gottfredson Sent: Thursday, January 05, 2012 9:08 PM To: Amy Shelley Subject: Zoning- John McCain rd. I would like to voice my concern about changing the zoning for the car dealership on john McCain. I am opposed to it as it is already too commercial and needs to be moved out onto hwy 26 to have better access for their delivery trucks as it is. If they get approval they will expand and make it even more inappropriate for the area. Before you change any zoning on John McCain you need to fix the current traffic problem by finally putting in the rotary at pleasant run and john McCain. Chris Gottfredson Sent from my iPhone Amy Shelley Subject: FW: P&Z Meeting From: Gottfredson, Mark Sent: Thursday, January 05, 2012 5:38 PM To: Amy Shelley Subject: P&Z Meeting I would like to make it be known that I am opposed to the upcoming request for zoning change at 1815 John McCain Road in Colleyville. While I feel certain the commercial zoning for the area was made at a time when the area was mostly rural, the nice residential neighborhoods that have grown up around John McCain have become an asset to the city. The commercial properties are an embarrassment, and not really appropriate any longer to the character of the neighborhoods. Allowing this dealership to display vehicles outside would be pointless and further degrade the neighborhood and home values. In addition, it would likely add traffic to an already overburdened road. Mark Gottfredson 7321 Trianon Ct. Colleyville, TX 76034 Mark Gottfredson Partner Bain & Company, Inc. 15215 N. O'Connor Blvd., Ste. 500 I Irving, TX 75039 ~ USA tel: (1) 972 869 7910 fax: (1) 972 869 7915 Statement of Planning Objectives A ~i L IMPORTS, it lt+. MERCEDESBEIYZ • LIXUS • PORSCHE • BMW 1815 JoHn MCC~vN ROAD wwwAandLimports.com OFFlCE 817 472-5165 Cou.ernuE, TexAS 76034 Fnx 817 421-371 l December 9, 2011 Planning & Zoning Department 100 Main Street Colleyville, TX 76034 To Whom It May Concern: I am applying for an amendment to my current Special Use Permit at the request of the Community Development Department. We have been operating at the current location since my permit was issued in July 2004. At that time a majority of our business was wholesale, and we did very little retail business to the public. Since then, our business model has changed and we are retailing most of the vehicles that we have on hand. The economic turn in 2008 forced us to begin retailing, as well as wholesaling automobiles. We have been parking cars on the parking lot for sale during the day and moving them inside at closing time. It has been brought to my attention by the Community Development Department that we should apply for an amendment to our Special Use Permit to allow us to park cars outside. We have been in good standing with the city and have received no complaints in the past. Our inventory is made up of late model cars and trucks, and we specialize in low mileage, pristine vehicles. When I originally came before the Planning & Zoning Committee, I was asked if we would be bringing any sales tax revenue to the city of Colleyville. At the time, my answer was no. Since our business has changed, we have collected $467,145.09 in sales tax revenue and registration fees since moving to this location nearly seven years ag'o. Allowing us to park cars outside helps bring retail traffic into our location. We employ seven full-time employees and we do business with as many as one hundred different vendors in the industry. I ask that you grant the amendment to our Special Use Permit to allow outside parking of vehicles for sale. We look forward to continuing our business here in Colleyville. Regards, Andrew S. Gardner ' _.~~~.: ._ :; :~: ~.~:: ~' -r a ::y' j ..~~' by Applicant ,. ;, r ~',~.. ,`_~ :~' ~~'° .; ~, Y . ~ _ _~~ ~ :_ t ~.~ t i ~~' j ~s . ~ ...:; t ~ .. _. j# .+ ~ Z~• y SI ak { . ,~, c ti ~ 3 ~« s flh r ~s ~ r • ~~ ~ t ,~c~r 3 x 1 ORDINANCE 0-04-1472 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, 8Y AUTHORIZING A SPECIAL USE PERMIT FOR VEHICLE STORAGE ON LOT 1R, BLOCK 1, NYSTEL ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Andy Gardner on June 1, 2004, under Case No. Z-04-024; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1 R, Block 1, Nystel Addition, by authorizing a Special Use Permit for vehicle storage, subject to the following conditions: a. All vehicles for sale shall be stored inside the building. No vehicle outside the building shall be advertised for sale. b. The delivery of vehicles by tractor-trailer to the property shall be restricted to the hours between 9:00 a.m. and 3:00 p.m., Monday through Friday. c. Automobile repair and service, as defined by the Land Development Code, shall be prohibited. d. Landscaping shall be provided in the right-of-way adjacent to the property, as shown in Exhibit "B". Shrubs shall be provided such that one eighteen inch or five-gallon plant shall be planted for each five (5) feet of street frontage. e. The existing chain-link fence across the front of the property shall be removed prior to occupancy of the building. Any new fences constructed on the property shall comply with the requirements of the Land Development Code. Ordinance 0-04-1472 Page 2 of 2 Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the Land Development Code of the City of Colleyvilte, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the o20~ day of 2004. The second reading and public hearing being conducted on the ~~ day of 2004. ATTEST: 7~.~ Cynthia Singleton, MC City Secretary CI F OLLE J H cuff Mayor APPROVED AS TO FORM AND LEGALITY: ~-„ ',.,- .~--- Ross T. Foster City Attorney EXHIBIT A -ZONING MAP EXHIBIT B -LANDSCAPING AREA ~ ~ •~ ;~ ~` • ...~~~I ~. - ~ ~ • • Landscaping - ~~•~ ' r ---~~ Area _.~.: .-.• r~\\ 1~~ i - .- ~. \ ~ ..t' :~». '.v \ \ 'x~ ~ ~ .I .A .~.,• ~~~•. n ` •• ~ i,, _•, (~ - k ~f r~a•R ... .~},r .may . .u r: ~'- ~ x ~ .., ,~ :~ 1 6 ~ . \`Y J,. 7 ` ~ ` ~ ~\,~ .~:. ~ ~ ~° ~~ ~` :. e ; ~~ ~ , .~ ; ,., ~ ,. .~ ~ ~ S j 1 ' ~~/~/ ' ~,/ ORDINANCE 0-12-xxxx AN ORDINANCE AMENDING ORDINANCE 0-04-1472 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 0-04-1472 on August 4, 2004, to establish the a Special Use Permit on Lot 1 R, Block 1, of the Nystel Addition; and WHEREAS, the City of Colleyville has received a request for an amendment to Ordinance 0-04-1472, under Case ZC11-028; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-12-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, is hereby amended by amending Ordinance 0-04-1472 conditions on Lot 1, Block 1, of the Nystel Addition. Sec. 3. THAT the above described tract of land shall be subject to the following conditions: 'I l7FNFRAI a. Section 1(a) of Ordinance 0-04-1472, is hereby amended to include outside vehicle sales. b. Vehicle sales are hereby permitted by this Special Use Permit amendment. c. This Special Use Permit amendment and Ordinance 0-04-1472 shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-12-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. Sec. 9. THAT Ordinance 0-04-1472 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 2012. The second reading and public hearing being conducted on the day of 2012. 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