HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/12/2012C.t~ ~ ~F
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COLLEY'~JILLE
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City of Colleyville
Planning and Zoning
Commission
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, March 12, 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
7:00 p.m. - REGULAR MEETING
CALL TO ORDER AND ROLL CALL
INVOCATION: Commissioner Davis
PLEDGE OF ALLEGIANCE
1. APPROVAL OF MINUTES
February 27, 2012
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
3. PUBLIC HEARING AGENDA ITEMS
3a Approval of a request for rezoning from CC3-Highway Commercial to CC2-
Shopping Center on Lot 3R, Block 1, of the Andy Felps Addition, located at
3919 Colleyville Boulevard, Case ZC12-009
4. ADJOURNMENT
Planning and Zoning Commission Agenda March 12, 2012
I hereby certify this agenda was posted on City Hall bulletin boards March 9, 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.
~,t`~Y o~. City of Colleyville CityHall
~ Planning and Zoning 100 Main Street
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Commission 817. 503.1000
www.colleyville.com
r r ~ ~~ ~ Minutes
Monday, February 27, 2012 City Council Chambers
Call Meeting to Order
The Planning and Zoning Commission meeting of the City of Colleyville was called to order
by Chairman Byerly on February 27, 2012 at 7:00 p.m.
Roll Call
Present: Commissioners Dave Dudziak, David Wheelwright, Don Davis, David Phelps and
Jeff Byerly
Absent: Commissioners Larry Knox and Ron Rotthaus
Staff Present: Ron Ruthven and Amy Shelley
Invocation
The invocation was given by Commissioner Byerly.
1. APPROVAL OF MINUTES
Commissioner Dudziak moved to approve the February 13, 2012, meeting
minutes with grammar corrections. Commissioner Phelps seconded.
The motion to approve carried with the following vote:
Aye: Dave Dudziak, David Wheelwright, Don Davis, David Phelps, Jeff Byerly
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There were no citizen comments/presentations regarding items not on the 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
Amy Shelley presented the case and briefed the Commissioners.
Planning and Zoning Commission Minutes February 27, 2012
Commissioner Phelps questioned staff regarding the future zoning of these
lots, since there is a combination of R20 and R30 zoning. Ron Ruthven replied
that the combination zoning will have no impact because there will only be
one single family structure allowed. He further explained that the zoning
districts would remain in place regardless of the lot configuration.
Commissioner Byerly opened the public hearing at 7:06 p.m.
Michael Dotti, the applicant and property owner, came forward to present the
case and brief the Commissioners.
There being no one wishing to speak, the public hearing was closed at 7:07
p.m.
Commissioner Dudziak moved to approve case PC12-001.
Commissioner Davis seconded.
The motion to approve carried with the following vote:
Aye: 5- Dudziak, Wheelwright, Davis, Phelps, Byerly
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
Amy Shelley presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff regarding the front setback for the
existing home. Ron Ruthven replied that the current home is setback
approximately 45 feet from the property line.
Commissioner Byerly opened the public hearing at 7:11 p.m.
Bret Stuart, the applicant and property owner, came forward to present the
case and brief the Commissioners.
There being no one wishing to speak, the public hearing was closed at 7:13
p.m.
Commissioner Dudziak stated that the City has invested a lot of time in the
Master Plan and he further explained that he enjoys the estate lot look when
driving down major thoroughfares in the City. He stated he would like for this
lot to remain as one, large lot.
Commissioner Phelps stated that the surrounding lots are well in excess of the
Planning and Zoning Commission Minutes February 27, 2012
R20 zoning lot size requirement.
Commissioner Phelps questioned Mr. Stuart regarding if he understood the
circumstances. Mr. Stuart replied yes and stated that his plans for this lot will
only continue to improve the property.
Commissioner Davis questioned Mr. Stuart regarding if he has decided on any
house plans for the lot. Mr. Stuart replied yes that they are currently
considering plans for a 4-5,000 square foot home.
Commissioner Phelps questioned Mr. Stuart regarding what the setback will be
for the new structure? Mr. Stuart replied more than what is in place for the
existing home. He stated that the lot is extra deep which will allow for a
deeper setback.
Commissioner Phelps questioned Mr. Stuart regarding the setback for the
existing home. Mr. Stuart replied that it is setback approximately 40 feet but
that his new structure would be setback further than that because the traffic
on Pool Road is noisy.
Commissioner Davis questioned Mr. Stuart regarding the depth of the lot. Mr.
Stuart replied that it is approximately 235 feet. He stated he would like to set
the house back like the ones across the street.
Commissioner Byerly concurred with Commissioner Dudziak regarding the
estate lots along the collector streets and stated that this lot needs to remain
one, large lot.
Commissioner Byerly moved to deny case ZC12-006. Commissioner
Wheelwright seconded.
Commissioner Davis questioned the Commissioners regarding if a condition
could be placed on the zoning that if any new structure is built that it would
have to be setback at least 70 feet from the front property line?
Commissioner Byerly stated that conditions are not allowed on a straight
zoning request such as this.
The motion to deny carried with the following vote:
Aye: 6- Dudziak, Wheelwright, Phelps, Byerly
Nay: 1 - Davis
4. ADJOURNMENT
Planning and Zoning Commission Minutes February 27, 2012
The meeting adjourned at 7:20 p.m.
Minutes were written and prepared by:
Amy Shelley
Community Development Coordinator
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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 3a Agenda Date 03/12/2012 Number ZC12-009
Type Public Hearing Agenda Items
Department Community Development
Title
Approval of a request for rezoning from CC3-Highway Commercial to CC2-Shopping
Center on Lot 3R, Block 1, of the Andy Felps Addition, located at 3919 Colleyville
Boulevard, Case ZC12-009
Explanation
Robert Grunnah, property owner and applicant, submitted a request to rezone 0.5
acres located at 3919 Colleyville Boulevard. The applicant is requesting to rezone the
property from CC3-Highway Commercial to CC2-Shopping Center to allow for more
uses than are currently allowed in the existing zoning district in order to lease the
vacant spaces of the existing retail building.
The attached table provides a comparison between the CC3 and CC2 zoning district
permitted uses. The Schedule of Permitted Uses for each zoning district is attached as
well.
Existing Conditions. The subject property consists of a platted parcel, Lot 3R, Block
1, of the Andy Felps Addition, located at 3919 Colleyville Boulevard. The property is
developed as a retail shopping center with total of 7,806 square feet of leasing space.
There are currently two vacant spaces which consist of 5,657 square feet and one
space leased by Busy B's Bakery which consists of 2,149 square feet.
Parking. The subject property currently contains 19 parking spaces. The Land
Development Code requires one (1) parking space per 200 square feet of gross floor
area for general retail; therefore the property is required to provide 39 parking spaces.
Lot Size. The Land Development Code requires CC2 lots to be at least 150 feet wide,
120 feet deep, and contain a minimum 15,000 square feet of property. The subject lot
is 150 feet in width, 150 feet in depth, and contains approximately 21,780 square feet
of land.
Surrounding Development Trends. The property to the north is zoned CC3-Highway
Commercial and is developed as a restaurant with a drive thru window. The property to
the south and east is zoned CC3-Highway Commercial and is developed as a bank. The
properties to the west are located in the City of Hurst and are developed as retail uses.
Master Plan. The Colleyville Master Plan designates the future use of this area for
Planning and Zoning Commission Agenda Briefing 3a
retail type land uses. The proposed rezoning request is in conformance with the land
use portion of the Master Plan.
Public Notification. Staff mailed notices to six (6) adjacent property owners
regarding this request and a courtesy notice was mailed to the City of Hurst. Notice
was also published in the Fort Worth Star-Telegram as required by state law and the
Land Development Code. Staff has received no correspondence to this request.
Summary. The proposed zoning change request does comply with the future land use
designations of the Colleyville Master Plan, which recommends this property for retail
uses. Given that the property is already developed as a shopping center, staff believes
that the proposal, by the applicant, will allow more flexibility to the applicant to lease
the vacant tenant spaces.
Recommendation
Approve
Attachments
1. Location and Zoning Map
2. Notification List
3. Buffer Map
4. Aerial Looking East
5. Statement of Planning Objectives
6. Comparison of Uses Allowed in CC3 (Highway Commercial) Versus CC2 (Shopping
Center) Zoning Districts
7. Schedule of Permitted Uses
8. Site Plan
9. TxDot Shcematic for Reconstruction
10 Proposed Ordinance
Location and Zoning Map
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Notification List
OWNER NAME
OWNER ADDRESS
OWNER CITY OWNER
STATE OWNER
ZIP
SITUS ADDRESS
Equity Secured Capital Lp PO Box 160460 Austin TX 78716 004007 Colleyville Blvd
Lemmon, William M& Carol A 133 E Rio Rdg Azle TX 76020 004003 Colleyville Blvd
Velasquez, Florentino & Daisy 1830 Silverside Dr Grapevine TX 76051 004001 Colleyville Blvd
3919 Colleyville Blvd Ltd P.O. Box 802736 Dallas TX 75380 003919 Colleyville Blvd
Dennie, Paul D Etux Peggy M 200 Cheek Sparger Rd Colleyville TX 76034 000200 Cheek Sparger Rd
Hibernia National Bank 275 Broadhollow Rd Melville NY 11747 003907 Colleyville Blvd
City of Hurst, Planning Dept. 1505 Precinct Line Rd. Hurst TX 76054 courtesy notice
Robert Grunnah, applicant P.O. Box 802736 Dallas TX 75380 applicant
Public hearing notices were mailed on February 24, 2012 by Amy Shelley
Buffer Map
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Aerial Looking East
Statement of Planninp Obiectives for 3919 Colleyville Blvd.
We have requested this zoning change to allow a wider scope of
businesses to be able to service the citizens who live in the Colleyville
community. The current CC3 zoning serves as a barrier to entry for
many businesses which would otherwise assist in the economic growth
of the community and city as a whole. Changing the zoning from CC3 to
CC2 will allow for citizens of Colleyville to enjoy more convenient
retailers and services in the immediate vicinity as well as provide an
influx of additional funds to the economy and will thus lead to higher
tax dollars for the city. The zoning change will allow us to market the
center to a wider array of businesses. Possible businesses have
currently been turned away as they were not covered under the
current CC3 zoning umbrella. These potential future tenants would be
able to start business activity immediately upon the zoning change.
Attracting and allowing more citizens to work in Colleyville is a
productive maneuver that will enhance the community, increase tax
revenue, and encourage a spirit of economic growth.
Comparison of Uses Allowed in CC3 (Highway Commercial)
Versus CC2 (Shopping Center) Zoning Districts
CC3 CC2
hardware, electical & plumbing with outside display physician's or dentisYs offices
nurseries and greehouses with outside display antique stores
veterinarian clinic with outdoor kennels apparel and accessory stores
auto lube shops arts and crafts stores and hobby shops
auto upholstery shops bakery stores
contractor office without storage yard banks, credit unions and financial institutions
plumbing, HVAC and electrical trades shops barber shops, beauty shops and day spas
upholstery and furniture repair shops bicycle shops
camera or music stores
civic, social or fraternal organizations
grocery stores
interior decoration stores
jewelry stores
pet stores
golf driving ranges
miniature golf courses
theaters
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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A. RESIDENTIAL ACCOMODATION USES
Single Family Detached Dwelling p p p p p p S 8 3
Duplex - Attached Dwelling P 8 2
Townhome - Attached Dwellings P 8 4
Multi-family - Attached Dwellings P 8 4
HUD Code Manufactured Housing P 8 2
Assisted Living Facilities PUD Ollly 2 ~~
Bed and Breakfast Lodging S S S S S S S S 1,8 18
Private (HOA) Recreational Facilities p p p p p p p p 9 5
B. ACCESSORY USES
Accessory Building p p p p p p p p p Sec. 3.27 n.a.
Carport S S S S S S S S S Sec.3.27.C n.a.
Home Occupations Uses p p p p p p p p p 8 n.a.
Servants or Caretakers Quarters p P S S S S 16 1
C. AGRICULTURAL USES
Commercial equestrian boarding stable and school P S 17 25
Crop Farming p p n.a.
Livestock raising and breeding p p 12 n.a.
Private horse stables for domestic use p p P S S n.a.
Roadside produce stands (year round) S S S S S S S S S n.a.
D. UTILITY USES
Electrical Substations S S S S S S S S S S S S S S S 21
Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24
Chapter 3- Land Use Page 3- 33
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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Solid Waste Disposal Sites S 24
Telecommunications Towers S S S S S S S S S S S S S S S 3 21
Water Pumping Stations S S S S S S S S S S S S S S S 24
Wind Driven Generators S S S S S S S S S S S S S S S n.a.
E. PUBLIC AND INSTITUTIONAL USES
Colleges or Universities S S S S S S S S S S S S S S S 12
Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5
Government Buildings, Offices and Facilities p p p p p p p p p p p p p p p 8
Fire Stations / Police Stations p p p p p p p p p p p p p p p 16
Golf Courses - Public Owned p p p p p p p p p p p p p p p 22
Government Maintenance Facilities p p p p p p p p p p p p p p p 25
Libraries p p p p p p 9
Museums p p p p p p 8
Post offlce p p p p p p p p p p p p p p p 10
Parks and Open Space Areas p p p p p p p p p p p p p p p 25
Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25
Private Schools- Elementary and Secondary S S S S S S S S S S S S S S S 13
Private Schools - High School S S S S S S S S S S S S S S S 14
Public Schools - Elementary and Secondary p p p p p p p p p p p p p p p 13
Public Schools- High School p p p p p p p p p p p p p p p ~4
Religious Institutions p p p p p p p p p p p p p p p 18
F. OFFICE USES
AccountanYs Offices p p p p p 8
Chapter 3- Land Use Page 3- 34
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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Advertising Agencies p p p p p 8
Attorney Offices p p p p p 8
Chiropractic Clinics p p p 8
Emergency Clinic (24 hrs.) S P P 10 6
Engineering, ArchitecYs, and Surveyor's Offices p p p p P 8
General Business Offices not elsewhere listed p p p p p 8
Insurance Agencies p p p p p 8
Management and Public Relations Services Offices p p p p P 8
Optometrist Office p p p 8
Psychologist Offices p p p p p 8
Physician's or DentisYs Offices p p 5 7
Real Estate Agency Offices p p p p P 8
Security Broker Offices p p p p p 8
Telemarketing Offices p p P 5
Title Abstract Offices p p p p p 8
Trade or Business Schools S S S P 15
Travel Agency / Airline Ticket Offices p p p p P 8
G. RETAIL AND SERVICE USES
Alcoholic Beverage Sales - Off-premises
Consumption S S S 13 n.a.
Alcoholic Beverage Sales - On-premises
Consumption S S S 13 n.a.
Alcohol or Drug Treatment Center S S S S S S 24
Antique Stores p p 7
Chapter 3- Land Use Page 3- 35
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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Apparel and Accessory Stores p p 7
Arts and Crafts Stores and Hobby Shops p p 7
Bakery Stores p p 7
Banks, Credit Unions and Financial Institutions p p P 8
Barber Shops, Beauty Shops and Day Spas p p P 10 7
Bicycle Shops p p 7
Book, Stationary or Greeting Card Shops p p P 7
Camera or Music Stores p p 7
Carnivals and Circuses S S 24
Cemeteries or Mausoleums S S S S S S 24
Charitable Donation Station S S S 24
Civic, Social or Fraternal Organizations S S P P ~
Convenience Stores with gasoline sales S S S S 7
Copy Centers/Print Shops S S P P P P ~
Dance Studios and Martial Arts Studios S S P P ~
Day Care Centers S S S S S 17 11
Department Stores p p 7
Dry Cleaner Pick-up Stations S P P 7
Dry Cleaners (up to 5,000 s. f. w/on-site laundry) p p 7
Equipment Rental and Leasing Stores S P 7
Florist Shops p p p 7
Food Catering p p 8
Funeral Homes S S S 24
Furniture and Appliance Stores p p P 9
Chapter 3- Land Use Page 3- 36
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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Grocery Stores p p 18 7
Hardware, electrical & plumbing w/o outside display p p p p
Hardware , electrical & plumbing with outside display S P P
Hospitals S S S 24
Hotels and Motels p p 19
Interior Decoration Stores p p p p 7
Jewelry Stores p p p 7
Locksmiths S S P P $
Mailing and Shipping Stores p p p p 7
Meat or Fish Market p p P 7
Nurseries and Greenhouses with outside display S P P 16
Pawn Shops P 7
Pet Stores p p 7
Pharmacy S p p p 7
Photography Studios p p p p p p 8
Restaurants, Cafes and Cafeterias p p P 5
Restaurants with drive-in or drive-thru service p p 5
Second hand goods shop S S S 7
Self-service Laundries S S S S 7
Second hand goods shop S S S 7
Self-service Laundries S S S S 7
Shoe Repair Shops p p p p 8
Tailor and Alteration Shops p p p p 8
Chapter 3- Land Use Page 3- 37
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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Veterinarian Clinic with indoor kennels p p P 4 8
Veterinarian Clinic with outdoor kennels S P P 8
Video Rental and Sales Stores p p p 7
Wedding Chapels S S S 24
H. RECREATIONAL AND ENTERTAINMENT USES
Adult Entertainment Establishments See section 22-5 Code o f Ordinances 5
Amusement Centers (indoors) S S 24
Archery and Firearms Ranges S S 6 24
Billiard Parlors S S 17 23
Commercial Recreation (outdoor) S S S S S S 24
Fitness Centers p p p 7
Golf Courses - Privately Owned p p p p p p 22
Golf Driving Ranges p p 22
Miniature Golf Courses p p 20
Roller or Ice Skating Rinks S S 24
Theaters p p 7 18
1. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23
Airports and Heliports S S S S S S S S S S S S S S S 24
Auto Alarm / Stereo / Window Tinting Stores p p P 13 7
Auto Lube Shops S P P 13 9
Automotive and Motor Vehicle Sales S S S 13 8
Auto Parts and Accessory Stores p p P 13 7
Auto, Truck or Trailer Rental S S 13 8
Chapter 3- Land Use Page 3- 38
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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Auto Upholstery Shops p p 13 9
Auto Parking Lots and Garages (free standing) S S S S S S n.a.
Auto Repair Shop S S S 13 9
Boat and Water-craft Sales and Service S S S 13 8
Bus or Passenger Train Stations S S S S 24
Car Wash (self service and automatic) S P 9
Commuter Transit Stations S S S S 24
Gasoline Service Stations S S 13 7
LPG / CNG Dispensing Stations S S 24
Motorcycle Sales and Service S S 13 8
Paint and Body Shops S S 13 9
Park and Ride Facilities S S S S 24
Railroad or Motor Freight Terminals S S S 24
Recreational Vehicle Sales and Service S S 13 8
Tire and Battery Stores S S S 13 7
Truck and Heavy Equipment Sales and Service S S 13 8
Vehicle Storage Yards or Facilities S S S S 24
J. HEAW COMMERCIAL, INDUSTRIAL & MANUFACTURING USES
Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24
Appliance Repair Shops S S 8
Building Material Sales with outside storage S P 7
Commercial Laundry S S 24
Contractor Office with storage yard S S 24
Chapter 3- Land Use Page 3- 39
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
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Land Use
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Group
Contactor Office without storage yard p p 8
Electronic Assembly or Manufacturing P 25
Exterminator Shop S S 24
Food Packaging and Manufacturing S 24
Furniture and Cabinet Manufacturing P 25
Office Showroom P 25
Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24
Plumbing, HVAC and Electrical Trades Shops p p 8
Printing and Publishing - Commercial P 8
Plumbing, HVAC and Electrical Trades Shops p p 8
Printing and Publishing - Commercial P 8
Research and Development Labs P 8
Scientific Instrument Assembly and Manufacturing P 8
Self Storage Facilities (mini-warehouse) S 24
Upholstery and Furniture Repair Shops p p 8
Warehouse and Distribution Facilities S 24
Wood, Paper or Leather Products P 25
Manufacturing not elsewhere listed S 24
Welding or Machine Shop P 25
Chapter 3- Land Use Page 3- 40
Site Plan
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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 0.5 ACRES ON LOT 3R, BLOCK 1, OF THE ANDY
FLPS ADDITION FROM THE CC3-HIGHWAY COMMERCIAL TO THE CC2-
SHOPPING CENTER ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for rezoning under Case
ZC 12-009; 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
Page2of3
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 0.5
acres on Lot 3R, Block 1, of the Andy Felps Addition, from the CC3-
Highway Commercial zoning district to the CC2-Shopping Center 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
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