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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-2/27/2012C.t~ ~ ~F ~- COLLEY'~JILLE rr.x,a~ City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 27, 2012 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR 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 661.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda CALL TO ORDER AND ROLL CALL 7:00 p.m. - REGULAR MEETING INVOCATION: Commissioner Byerly PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES February 13, 2012 2. CITIZEN COMMENTS/PRESENTATIONS AGENDA 3. PUBLIC HEARING AGENDA ITEMS 3a Approval of a request for a replat on 10.5 acres which consists of Lot 1A, Block 1, of the Wilson Estates Addition; Lot 1, Block 1, of the McElhaney Addition and Tract 1C, Abstract 963, of the A.J. Lott Survey located at 1304, 1308 and 1310 Tinker Road, PC12-001 REGARDING ITEMS NOT ON THE Planning and Zoning Commission Agenda February 27, 2012 3b Approval of a request to rezone 1.1 acres on Tract 2B8, Abstract 439 of the C.C. Doss Survey from AG-Agricultural to R20-Single Family Residential located at 5009 Pool Road, Case ZC12-006 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards February 24, 2012, by 5: 00 p, m. Amy Shelley, Community Development Coordinator Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colleyville. com M i n utes - D raft Monday, February 13, 2012 6:15 PM City Council Chambers Planninq and Zoninq Commission Planning and Zoning Commission Minutes - Draft February 13, 2012 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 February 13, 2012 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Rob McKeown, Marty Wieder and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Wheelwright. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Davis moved to approve the January 23, 2012 meeting minutes with grammar corrections. Commissioner Rotthaus seconded. 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 City of Colleyville Page 1 Printed on 2/23/2012 Planning and Zoning Commission Minutes - Draft February 13, 2012 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for an Auto Repair and Paint and Body Shop on Lot 2A, Block 1, of the D and W Addition located at 6800 Colleyville Boulevard, Case ZC12-002 Amy Shelley presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:08 p.m. Blaise Hadley, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Hadley regarding if the proposed blue band shown in the exhibits is metal or painted stucco? Mr. Hadley replied that it is a pre-fabricated metal that would wrap the entire front of the building from the roof edge down approximately five feet. He further explained that the corner of the building would be wrapped with the blue metal and then the orange color (painted) would start from approximately 15 to 20 feet from the front to the back. Commissioner Dudziak questioned Mr. Hadley regarding if the side building would have the same schematic. Mr. Hadley replied yes. Commissioner Dudziak questioned Mr. Hadley regarding if there will be any compressors located outside the building. Mr. Hadley replied one compressor will be located inside the building. Commissioner Dudziak questioned Mr. Hadley regarding sign lighting . Mr. Hadley replied the sign would contain a back lit LED light, as long as it was approved by the City. Commissioner Dudziak questioned Mr. Hadley regarding any safety lighting. Mr. Hadley replied that there would probably be security lighting. Commissioner Dudziak questioned Mr. Hadley regarding the gate, would it be metal or wood? Mr. Hadley replied that there is currently a metal gate however he stated that they can add more screening to the fence such as wood, if required. Mr. Hadley stated that the hours of operation would need to be written into the ordinance, however, he would like to have the hours to reflect 8:00 a.m. to 6:00 p.m. on Saturday. Mr. Hadley stated that they would like to construct an eight foot wood fence versus an eight foot masonry fence that is proposed in the ordinance. He explained that masonry is costly and would not match City of Colleyville paye 2 Printed on 2/23/2012 Planning and Zoning Commission Minutes - Draft February 13, 2012 what is currently in the area. Mr. Hadley stated that they would prefer to only pave the parking lot areas not the area in the back like what is proposed in the ordinance. Commissioner Phelps questioned Mr. Hadley regarding what is currently located at the rear of the property with regard to paving? Mr. Hadley replied that there is old gravel. Commissioner Phelps questioned Mr. Hadley regarding if the area could be landscaped? Mr. Hadley replied yes. There being no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Davis questioned staff regarding what would need to be placed in the ordinance to address the "dead" zone between fences? Ron Ruthven stated that a screening fence is required and therefore they could approach the adjacent property owner to see if they can replace the fencing and then maintain the fence on the subject property. Commissioner Phelps questioned staff regarding what type of fencing is in place right now. Ron Ruthven replied that there is a six foot wood fence currently in place. He further explained that City Council has requested that eight foot masonry fences be installed between residential and commercial. Commissioner Phelps stated that there are issues when the property lines do not currently match up which create fencing that is not straight. Ron Ruthven concurred. He stated that this would be one of those times when the property owner would take over the maintenance responsibilities of the fence. Commissioner Byerly questioned staff regarding if the paving of the rear property was a previous requirement for anoth er business owner. Ron Ruthven replied yes. He stated that the Land Development Code requires that all parking areas must be paved. He stated that with this case, since there will be no parking in the rear, then they may be able to landscape this area. Commissioner Byerly questioned staff regarding the parking requirement behind the building. Ron Ruthven stated that the parking in the rear would be anything behind the front line of the building. Commissioner Dudziak questioned staff regarding if the proposed blue metal banding is considered a wall sign? Ron Ruthven replied yes and no. He stated that the actual wall sign could not take up more than 75% City of Colleyville Page 3 Printed on 2/23/2012 Planning and Zoning Commission Minutes - Draft February 13, 2012 of the wall sign area. He stated that the current sign (logo and lettering) would meet the Land Development Code. Commissioner Dudziak stated that it appears to be one giant sign and therefore does not meet the letter of the code. Ron Ruthven stated that he does not look at the entire blue section as part of the sign. He stated with this being an SUP, the Commissioners can be more specific, if necessary. Commissioner Rotthaus questioned Fire Marshal Rob McKeown regarding the paving or the greenbelt, has this area been inspected to know whether or not that the back is needed for a fire lane. Marshal McKeown stated he would need 24 feet on either side of the building matching the appropriate turning radius behind the building. He stated as long as those requirements were met then he had no issue with landscaping the area. Commissioner Byerly questioned staff regarding landscaping requirements for the subject property. Ron Ruthven replied that none have been added since there is very little area in the front that can be landscaped especially since TxDot owns the right-of-way. He stated that live plantings in pots could be added. Commissioner Byerly questioned staff regarding what is located to the rear of the subject property. Ron Ruthven replied that it is the required open space for the Monterra subdivision. Commissioner Phelps questioned staff regarding if it would be reasonable for the fencing to match across the back especially since there will be landscaping along the back side. Ron Ruthven concurred and stated that the condition may be added to the ordinance. Commissioner Byerly stated he would like to see a masonry fence since the wall could be maintained and durable. Commissioner Phelps stated he would concur if there were masonry fences already in the area. He further explained that a masonry fence will stand out more than enhance. He stated that the landscaping will enhance the property especially since there is no room out front for landscaping. Ron Ruthven stated that at least for half of the property, there is no fencing, according to an aerial. He further explained that it appears to be wood. Commissioner Dudziak questioned staff regarding what fencing is located behind the Chamber building. Ron Ruthven replied that City of Colleyville Page 4 Printed on 2/23/2012 Planning and Zoning Commission Minutes - Draft February 13, 2012 according to the aerial, there is no fence. He stated he would have to check and see if it was a requirement when that property was built. Commissioner Dudziak concurred with Commissioner Byerly regarding a masonry fence. Commissioner Byerly moved to approve case ZC 12-002 per the proposed ordinance with the hours of operation being 8 a.m. to 6 p.m.; and deleting the section for paving the rear area and only require the area to be paved for the adequate fire lane. Commissioner Phelps seconded with a friendly amendment that the current gravel area located at the back of the facility be removed and replaced with sod. Commissioner Byerly accepted the friendly amendment. The motion carried by the following vote: Aye: 6- Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Nay: 1 - Dudziak Commisisoner Dudziak stated he wanted staff to hold the applicant to the letter of the sign ordinance. He stated the 75% of sign coverage would cover the metal banding and be considered part of the signage. 7b Approval of a request for a Special Use Permit for an Automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 150, Case ZC12-003 Amy Shelley presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding the location of the proposed SUP request. Amy Shelley explained, using the exhibits in the briefing, the location of the proposed SUP. Commissioner Phelps questioned staff regarding if there is a significant elevation change from this property and the residential zoned properties. Ron Ruthven replied no, there is no significant change in elevation. Commissioner Byerly opened the public hearing at 7:49 p.m. Hal Robinson, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Robinson regarding how are the vehicles transported to the facility. Mr. Robinson replied that the vehicles are driven to this location by either him or his wife. City of Colleyville Page 5 Printed on 2/23/2012 Planning and Zoning Commission Minutes - Draft February 13, 2012 Commissioner Dudziak questioned Mr. Robinson regarding if there will ever be a need to display cars outside. Mr. Robinson replied no; they only plan to do internet sales. Commissioner Byerly questioned Mr. Robinson regarding the hours of operation, will those hours need to be altered after having seen them in the ordinance? Mr. Robinson replied no; these hours will work. Commissioner Dudziak questioned Mr. Robinson regarding the appointment only aspect could be seven days a week. Mr. Robinson stated that he would not allow it to be seven days a week because he is not willing to work on Sunday. He further stated that it will usually be by appointment only. There being no one wishing to speak, the public hearing was closed at 7:54 p.m. Commissioner Phelps moved to approve case ZC12-003. Commissioner Davis seconded. Commissioner Dudziak questioned staff regarding if there are dealerships in Colleyville that are now asking for outside auto sales. Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding if this could evolve into the same. Ron Ruthven replied yes however the applicant will then have to come in and amend the SUP. Commissioner Dudziak questioned staff regarding if the other location also started out as an internet based vehicle sale facility. Ron Ruthven replied yes. Commissioner Byerly stated that this is only 2,400 square feet of space and also located at the end of Tarrant Lane, not highly visible like the location on John McCain. The motion carried by the following vote: Aye: 6- Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Nay: 1 - Dudziak 8. ADJOURNMENT The meeting adjourned at 7:56 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 10, 2012 by 5:00 p.m. City of Colleyville Page 6 Printed on 2/23/2012 Planning and Zoning Commission Minutes - Draft February 13, 2012 Amy Shelley, Community Development Coordinator City of Colleyville paye 7 Printed on 2/23/2012 G t T Y ~ F ~ CC}LLEYVILLE 1' F `{ A S City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC1z-001 Agenda Date 02/27/2012 Type Public Hearing Agenda Items Department Community Development Title Approval of a request for a replat on 10.5 acres which consists of Lot 1A, Block 1, of the Wilson Estates Addition; Lot 1, Block 1, of the McElhaney Addition and Tract 1C, Abstract 963, of the A.J. Lott Survey located at 1304, 1308 and 1310 Tinker Road, PC12-001 Explanation Michael and Nancy Dotti, the property owners and applicant, submitted a replat for a 10.4 acre tract of land located along Tinker Road. The replat is a request from the property owner to combine three parcels into two parcels; 1304 Tinker Road consists of 2.9 acres in the Wilson Estates Addition; 1308 Tinker Road consists of .67 acres in the McElhaney Addition and 1310 Tinker Road consists of 6.8 acres in Tract 1C, of Abstract 963 in the A.J. Lott Survey. The result of the replat will create a new subdivision that will consist of Lots 1 and 2, Block 1, of the Dotti Addition, which are currently developed as residential uses. Zoning. The properties are zoned R30-Single Family Residential and R20-Single Family Residential. The proposed lots meet the minimum requirements of the R30 and R20 zoning districts and the Land Development Code. Existing Conditions. The parcel located at 1304 Tinker Road is platted as Lot 1A, Block 1, of the Wilson Estates Addition and is developed as residential with a single family home. The parcel located at 1308 Tinker Road is platted as Lot 1, Block 1, of the McElhaney Addition and is undeveloped. The parcel located at 1310 Tinker Road is an unplatted tract of land and is developed as residential with a single family home. Surrounding Properties. The properties surrounding the subject properties to the north are zoned AG-Agricultural and R30-Single Family Residential and developed as residential. The properties to the south are zoned R40-Single Family Residential and R20-Single Family Residential and developed as residential. The properties to the east are zoned AG-Agricultural and developed as residential. The properties to the west are zoned AG-Agricultural and developed as residential. Replat Conditions. The proposed replat creates two platted lots from the combination of three parcels. Summary. The owner's surveyor has addressed all Development Review Committee Planning and Zoning Commission Agenda Briefing 3a comments. The proposed development satisfies all requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Attachments 1. Location and Zoning Map 2. Aerial 3. 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I ~ I ~ I ~ _ II_ 4- _ ' _ . _ _ I . _ -~ _,~ - ,- _ _ ~ ~.e ..,aa~,~,,,, . ~ ~ -~-- 63 iN ~_q Plat ~Exhibit ~ _I,_..__..... , .,F.. ~s ° . ~. , ...,,.~, I OT 1 9.4758 Acres ~ . , , ~a~nca.r~ ~ ~ I ti, I I I ~ktlng ~ ~'. ~~ wuza~.~ I _ I ^ a„AP..R I ,.,o-,m..o..m. ~... ~ ~ x I ..... ~md,u.o....... ,. ~ ~ . G t T Y ~ F ~ CC}LLEYVILLE 1' F `{ A S City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 02/27/2012 Number ZC12-006 Type Public Hearing Agenda Items Department Community Development Title Approval of a request to rezone 1.1 acres on Tract 2B8, Abstract 439 of the C.C. Doss Survey from AG-Agricultural to R20-Single Family Residential located at 5009 Pool Road, Case ZC12-006 Explanation Bret Stuart, property owner and applicant, submitted a request to rezone 1.1 acres of land located at 5009 Pool Road. The applicant is requesting to rezone the property from AG-Agricultural to R20-Single Family Residential. The applicant is seeking the zoning change in order to subdivide the property into two lots. Existing Conditions. The subject property is currently unplatted as one lot. The property is currently developed as a single residential lot that contains an existing home. Upon approval of the rezoning request, the applicant intends to divide the property into two lots. The current home on the property will remain. Lot Sizes. The applicant has submitted an exhibit illustrating the existing proposed property boundaries. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100 feet and lot depth of 125 feet. This site does contain sufficient width and depth to accommodate the R20 zoning district development standards. 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 future land use portion of the Master Plan. However, Section 9(F) Urban Design of the future land use plan states, "..design consideration for lots which front a major collector street is to require a generous front yard set-back of forty feet or more and to encourage decorative screening adjacent to the roadway, such as wrought iron fencing with masonry columns. This would help to encourage estate settings and promote an excel%nt gateway image for the community. Zoning of individual lots to the higher densities of the R20 or R30 district along major thoroughfares should be discouraged." Therefore, the request is not entirely consistent with the Master Plan. Surrounding Development Trends. The properties to the north, east, and south are zoned R20-Single Family Residential and developed as residential. The properties to the west are zoned Ag-Agriculture and R20-Single Family Residential and developed as Planning and Zoning Commission Agenda Briefing 3b residential. Public Notification. Staff mailed notices this request. Notice was published in the state law and the Land Development Code. the request. to 12 adjacent property owners regarding Fort Worth Star-Telegram as required by Staff has received no letters with regard to Summary. The proposed zoning request is not entirely in compliance with the Master Plan as referenced above, however, the owner's surveyor has addressed all Development Review Committee comments and the proposed development satisfies all requirements of the Land Development Code. Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial 5. Statement of Planning Objectives 6. Zoning Exhibit 7. Proposed Ordinance Location and Zoning Map ~~ R-~'{~ ~~~~ ~~~~ ~~~'~ ~~~ ~ ~ ~~ ~~ AG ~~ ~~ r Site ~~1~~ ~ ~ _~, ~7 ~ ~ ~ ~ ~~ ~ _ ~ ~~ ~ ~~ ~ ~~~ ~ ~D ~~t~~ ~~~~ ~ ~7~4 ~7~~6 ~7~ ~ ~8~~ Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Yancey, Charles W Etux Theresa 2701 Highgrove Ct Colleyville TX 76034 002701 Highgrove Ct Texcan Ventures Vii Ltd 5100 Pool Rd Colleyville TX 76034 005108 Pool Rd Fontenot, Kelly R Etux Kelle L 2705 Highgrove Ct Colleyville TX 76034 002705 Highgrove Ct Johnson, Zachary S Etux Amy W 2713 Highgrove Ct Colleyville TX 06810 002713 Highgrove Ct Hathcock, Arvel Etux Maria 2709 Highgrove Ct Colleyville TX 76034 002709 Highgrove Ct Mikulik, Walter Etux Eva 5100 Pool Rd Colleyville TX 76034 005100 Pool Rd Troy, Russell G 2220 Pool Rd Ste 101 Grapevine TX 76051 002712 Glade Rd Stuart, Rodney B& Billie Jean 5009 Pool Rd Colleyville TX 76034 005009 Pool Rd Addy, Samuel Etux Karen 5008 Pool Rd Colleyville TX 76034 005008 Pool Rd Mir, Rizwan Etux Fareeha F 5005 Pool Rd Colleyville TX 76034 005005 Pool Rd Fonseca, Luis Miguel 3912 Spring Hollow St Colleyville TX 76034 002616 Glade Rd Stuart, Rodney B& Billie Jean, applicant 5009 Pool Rd Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, February 10, 2012 by Amy Shelley Buffer Map 5213 I 280~P I 2~2 ~ 28f]A I 28~1~ {--~~i0~ I 2810 Site 5212 ~ ~20~1 2$fl1 ~2{78 2803 2F~05 2~{l~ 2845 2~01 2J{ ~2J4 270 2704 ~7~g ~~~~ 2842 28~6 52~{7 281 [] 290~1 ~1~8 ~'~~~~ 2713 2~~3 ~ 2807 ` 2$~19 ~ ~t1C1 ~I I 2512 ~ `FO[7f~ 2712'. ~BJQ ~2500 2504 2~08 ~I ~5 2504 I 2~d{9.~ 2G~4 2~4~ ~ +~74C] ~ 2~04 ~ 27[}8 ~~7~12 ~ 2840 ~ 28134 ~ 28[]8 ~~90t] ~ 290=1 ` 2~a~8 I ~..r ~ ~ ~ ~~i ~~ e Aerial r'~ I t + i'~uy. .. _ . _ + . .. .. . . . ~~.(~ e~~d ~_ . . ~~ : _- , ~".f;.`..f_.~:f~. r,_.:Il.a , G..f! _ _ ~ ~ ~ ~ a n A ~ V :i ~- - L ~ ~ ~- ~~, , `: ~ _ ~ ~ p~' ~~..~ .~ ~ ~ Statement o~ Planning Objectives Rezoning request ~or 5009 Pool Road, Colleyville, Texas 76034 Rodney Bret ~fuart, (817} 988-3160 We axe respect~ully requesting a zoning change from agriculttzre to R-20 on our property of 5009 Pool Road, Colleyvi~le, Texas. Our future plans for fhis property are inevi~ably to subdivide, then replat to buz~d a new single-family home. We intend for the future home to be an elx~e, custom-built brick and stone structure between 4,000-5,400 square feet with five {5) plus bedrooms, f ve (5} plus bathrooms, guest/in-law suite, gourmet kitchen, resort-style entertaining areas, 3-4 car garage, and plush Iandscape surrounding the area. We also intend to add a brick/stone/wrougl~t-iron fence at the front of the property with a gated entrance. Our int~nt is to keep the pre-existing structure at SOQ9 Pool Road, add a drive-way as well as covered parking structure at the back of the home. We would like to keep this structure for 5-8 years and inevitably sell this property or raze the structure to build a single-fam~ly brick home between 3,000-4,OOQ square ~eet, which will be axchitecturaily comparable to the area homes surrounding it at that point in time. Our p~an is to increase the value of our property as well as those proper~ies around it and in the surrounding area. We are proud to reside in the elite area o~ Colleyvill~ and our wish and plan is to grow with it. Length - Radlus - ti , y ~n~~~ ~ - ~ .,.: ,.- N89°99'll"E225.9e -~o.~ ii~,a .~a~~n~Q I nsa .. va~ LUT 1 I' 689 50 ' Fa F "EO, _ le-Ol°4I24 . z.e,oF~varsnp 9 o Kr I N 00 53 42 \N 21.59' I aE4uE6TIN3nZ0NINGCHFlN ' e°(ENTIaETRFCTJ ~ ~ o P°~o o~a . ~" ~,~~oN _ ~ ~ .,~ ,n.r, ~i - BL,oCKI ~~~~Ar~ _' ~ ~ ~ ~ ~ Q _ - - ~ .,~.~n~ _~nT~ r. ~ _ ~ va~rosEO ~•.' I c~wuNi~.~n~~~ u_a .` _ a, i- ~ ~ESV,sF -~ S ~F eo z W ~ N C m ~~~W Field Note Description ~, k a ~ ~ asis~ d ~ ~.,~ee~w;sia~ ~~~~e~,od„~~~ao_umoe~ M.~RO~o~_o ~~~o,~,ee~do~~,~da„e, ~, re /' ~nzre. rya r~maPd v. ,e~r~.~ne ~f.aa~ryG u [o / +cn L, n,a m / I , ~ o e e w~ e, nrve n, e. ~~=o,z a~ N 0 ~ • ~ ~ m ~ ~ s ~r Fx. ~ n, tF.cc~ n..,r~~~,n I I I I ~~ ~~ , ~ ILLER , . ,, Inc Suruelling ' I , . , ~ , ,o~,u,a,~s~,.,,~~r~, r, r ,,, , y Residential • Commercial • A9unicipal ~ - - - I . . aao r~nn r_me, ei~d. Hurs~,Texas ]6054 81~.51~.1C52 Fax811.511.051G uvw.MlllerSurveylnp-Inc.com An Fxhibi[ for r 7,oning Chttngc of Proposcd I,o[ 1 and I,o[ 2, Block 1, `'LA°E R°A° STUART ADDITION A proposed'dirion fo tfie Cify of Colleyville, Texas RhQUFSTING A CHANGF. IN 7,ONING FHOM "AG" TO "R-20" ORDINANCE 0-12-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 1.1 ACRES ON TRACT 2B8, OF ABSTRACT 439 IN THE C.C. DOSS SURVEY FROM THE AG-AGRICULTURAL TO R20-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 ZC12-006; 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 0-12-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, be, and the same is hereby amended by changing the zoning of 1.1 acres on Tract 2B8, of Abstract 439 in the C.C. Doss Survey from the AG- Agricultural zoning district to the R20-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 0-12-xxxx Page3of3 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: 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 ~~~~ -~ _~ ~ r~ ~ _ -~ --~_ x-~`~ ~~~1 ~~~~ ~~~~ ~~1 ~ ~ ~ 1 C~~ ~ _~ ~ ~~ ~ ~ ~ ~ r s%te 0 ~~~~ ~ ~ ~ `~ ~ ~ R-~ (} ~ _ ~ ~ ~ ~ ~'~-' f~ ~~~~3 ~ I ' ~ ~~~4 ~27~~ ~7~~ ~7~8 ~~1~ ~~D~ Exhibit "B"- Property Description B~in~ ~ tr~~t ~f I~nd aut r~f the C_ ~. Do~s Surt~~y, ~4b~tr~ct Ncs. 43~ ~nci situ~t~d i n the City nf ~~all~yvill~, Tarrant ~ounty. T~x~s, ;~a id tra~t being th~ ~am~; tract ~f land ~[:sr.rib~d in thc dc~d to Billi~ Jean Stuark and Rodney 6ret Stla~r[ reearded as D~c~amerrt ~lo, LZ0~3~~]3~rf3&, ~eed Rec~rcis, T~rrarrt G~aunty, Texas and beir~g mcrre parti~ularly d~scribed by r~etes ~r~d bou~rds ~s f~llc~~.~+s: ~c~innfng at ~~I8 inch st~cl rnd fc~und fQr thc sQUthw~St ~nrncr ~af said ~tuar1t tr~ct, ~~id rQd being thc north~~est E:arner of Lax 1, E I+~ck 1, Nocsrui Ila Additior~, an ad~diti~n t~ the city~ ~sf Colleyville, Tex~s a~e~irdin~ tcr the plat therecrf rec~rded i n C~binet B, ~lide ~421, Plat Recor~s, Tarra nt C~unty, Tex~s an~J ~I~~ bcir~g in thc ~y~terl}~ right-~f-~~y lir~~ of Po~l Rc~~d y;~ ~~ta~lishcd k~y dced t~+~ity c~f ~r~llcyvillc recorded as D~ac~imen# Nr. 1~14113~7~1, ~aid d~ed r~cc~rds, s~id re,€~ ~Isa being in a curve ta thre left vuhase cent~r Le~ rs 5auth 8~ degr~e~ 55 minutes 11 ~e~cnnds 1~lest ~t ~ 1Q.~Q fe~t; Ther~ee narth~rly with the ~u€sterly b~oundary lirs~ ~# s~id Stu~rt tr~et and said easterly ri~ht-c~f-4vay li~~e ~nd 5.with ~~id ~urve khrcru~;h a ~entr~l a ngl~ crf 01 degree 42 minutes 35 se~t~rsds and an ar~ I~n~#h af ~1.~0 f~et t~ a 5/S inch s[eel wnd with cap st~m p~d "'NI51 RP LS 4~~4" ~~t f~r the end ~f said curve; Thence ~lor~tfi ~1 ~i~~r~e 4~ minuzes ~4 s~~crnd~ V+~est ~antinuing tr~~ith s~id we~terly ka~u~d~ry line ~nd said ea~terly riqht-af-wa+~ lir~e a dis~tance af 13~.~1 f~et t~, a 5J8 in~h steel rad ~.ti~ith c.ap stamp~d "1~951 RF'L5 4Z24" s~et fs~r the h~~;i nr~in~ r~f a curve tc~ tl~e ri~ht v4rh~s~ ~~~nter ~e~rs N~arth 88 de~rees 12 min~~t~~ 36 ;~~c~nds E~sr ~t 684..~[~ f~~t; Th~n~~ nc~rth~rly ~c~ntlnuing tr~ith s~i~d wes#~rly ~~undar+~ lin~ and said eas't~rly ri~h#-nf-w~y lin~ ~nd ~ith aid c~arue t~rv6a,~h a cerrtral ~ngl€~ ~sf ~J1 degree 47 min~Jte~ 24 sec:c~nds and an arc len,~th ~sf ~1,5~4 fcet t+~ a S/~B inch ~#ccl resd with ~ap stampcd "~VI~I ~~L~ 4224'" s~ct far thc end of ~ai~i curvc~ Thenc~ N~RTH continuing with ~aid wcs#crly bvund~ry linc an€i said c~st~°rly right-~sf-w~y line ~ dist~nce of 37.32 feet tca a 5 f$ inch steel rQd with cap st~mped "MSI RPL~ 42~4" set #or th~ n~nrthvsesk corn+er of said Stuart trae#~ Thcncc North 89 dcgrces 4~ mirau't~~ ].1 ;~cc~rnds E~st u~ri#h #he nc~rthcrly bvundary linc vf said ~tuart tr~ct, pas~in~ ~t ~_QQ feet a 1~'2 inch ste~l rt~d f~aund far the s€~uthtves# ~prner af Lat 13, Bl~~k 4, ,~shmc~re #5, ~n ~ddi#ion t~s th~ ~ity ~s# Colleyville ~ic~4r'ding tc~ the plat ther~~f recorded ir~ ~C~bin~~t P~. 51ide 3835, s~id plat r~c~rds, and eantinuing with the sc+:~therfy bc~~nd;~ry lin~e tl~~r~~f and +rrith tl~e nartherl~+ bo~Jndary I ine ~f sai~d ~t~a a rt tract a tcata I dis~tance ~f ~25.?~ f~ex t~ a 5;18 inch ~t~~l rod with eap st~mpe~d '"aCA" faund for tYre nr rtheast cr~rrwer the~eaf, Thene~ 5~uth C}1 de~ree QO minut~s 43 s~~c~nds E~~t +~itFw tl~~e e~st~rly hour~~~iy li n~ of said 5tu~rt tract ~~listar~c~e of 218,7~ feet t~ a 5/S inch steel r€~d with cap starr~ p~d "`N151 RFLS 4~~~°' se*, for th~ sr~uth~~st ~r~rner ther~ec~f, s~id rnd ~ein~ tFti~ nr~rth~ast carn~r r~f said Lot 1; Th~nce 5a~uth 89 ~I~~r~~es 57 minutes 17 se~c~nds ~~st ~ith the s~uth~rly ~ioun~lary li ne caf g~id ~tu~rt tra~t and thc rrarthcrly baundary li nc of said Lot 1{#hc bcaring basis vf thi~ #rac#~ a distan~c ~rf 2~4.7~3 feet t~ th~ point cf b~ginnin~ and containin~ 1.1~~4 a~res ~f la~d ~s s~arveyed by f~liller ~urv~yir~~~ Ir~e, in ~~112.