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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-4/10/2012C.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, April 9, 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 INVOCATION: Commissioner Rotthaus PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES March 12, 2012 March 26, 2012 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. PUBLIC HEARING AGENDA ITEMS 3a Request for a replat on 1.9 acres on Lot 2, Block 1, of the Chandler Addition located at 1721 John McCain Road, Case PC12-002 Planning and Zoning Commission Agenda April 9, 2012 3b Request for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1R2, Block 1, of the Redding Addition, located at 710 Glade Road, Case ZC12-010 3c Approval to rezone 1.0 acres from ML-Light Manufacturing to CC1-Village Retail with a Special Use Permit for a wedding Chapel on Lot 1, Block 1, of the Chandler Addition located at 1701 John McCain Road, Case ZC12-011 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards April 5, 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~F City of Colleyville '~~ City Hall COLLEYVILLE Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 ~'~ x `' ~ www.colleyville.com Minutes Monday, March 12, 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 Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, David Phelps, Ron Rotthaus and Jeff Byerly Staff Present: Ron Ruthven, Amy Shelley and Marty Wieder Invocation The invocation was given by Commissioner Davis. 1. APPROVAL OF MINUTES Commissioner Davis moved to approve the February 12, 2012 meeting minutes with grammar corrections. Commissioner Rotthaus seconded. The motion to approve carried with the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Phelps, Rotthaus and 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 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 Amy Shelley presented the case and briefed the Commissioners. Commissioner Dudziak questioned Mr. Grunnah regarding if any cross access Planning and Zoning Commission Agenda March 12, 2012 agreements will be requested for the adjoining properties. Mr. Grunnah replied that there is currently cross access with the adjacent bank property. He stated there is not cross access with the adjacent restaurant owner but they have tried to discuss the option with them. Commissioner Byerly opened the public hearing at 7:03 p.m. Robert Grunnah, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Wheelwright questioned Mr. Grunnah regarding if there is currently a prospective tenant that would not be able to lease the space given the current zoning. Mr. Grunnah replied yes, there is a hair salon that is dependent on the zoning change. There being no one wishing to speak, the public hearing was closed at 7:06 p.m. Commissioner Phelps moved to approve case ZC12-009. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Phelps, Rotthaus and Byerly 4. ADJOURNMENT The meeting adjourned at 7:06 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator GLT Y C~F ~ COLLEYVIL~.E t F h r~ ~ City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 26, 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 March 26, 2012 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, David Phelps and Jeff Byerly Absent: Commissioner Ron Rotthaus Staff Present: Ron Ruthven, Amy Shelley, Marty Wieder and Rob McKeown Invocation The invocation was given by Commissioner Phelps. 1. APPROVAL OF MINUTES The March 26, 2012 meeting minutes were not included in the packet due to clerical error when generating the packet. These minutes will be approved during the April 9, 2012 meeting. 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 to rezone from R40-Single Family Residential and AG- Agricultural to PUDC-Planned Unit Development Commercial on 7.99 acres located on Lots 3 and 4, Block 1 and Lots 1-6, Block 2, of the Southgate Addition and 11.8 acres in the Allen Christian Survey and in the L.L. McLain Survey located between 3916 Wayne Drive and 3707 Bedford Court, Case ZC12-007 Ron Ruthven presented the case and briefed the Commissioners. Planning and Zoning Commission Agenda March 26, 2012 Commissioner Phelps questioned staff regarding if the cottages include parking garages. Ron Ruthven replied that the cottages are proposed to have garages and he further explained the parking requirements for the residential units. He stated those garages were not included in the parking requirements. Commissioner Byerly opened the public hearing at 7:18 p.m. Don Wilson with Cirrus Health came forward to present the case and brief the Commissioners of the overall development. Gary Keorner with Three Architects and Coy Talley with Talley Associates came forward to present the design aspects of the proposed development. Jignesh Thakkar with DeShazo Group came forward to discuss the traffic impact aspects of the proposed development. Commissioner Dudziak questioned Mr. Wilson regarding how the actual business works; do the residents come into the Inn at the age of 55 to live and then move on to the Residences as they need more care? Mr. Wilson stated that the age of the occupant of the independent and the assisted living is not that different. He stated they make a decision with a health care professional regarding the negotiation of that. He stated that there are times when one can move up in care without moving from the site. He stated the largest core of persons is 75 to 85 years of age. He stated that there are different needs of care. He stated the average residency is six years. He explained that these are one year leases and 21 percent turn in a year. He stated they change services and needs. He stated that they feel that it is important to have an advocate care person on site. Commissioner Dudziak questioned Mr. Wilson if this is a private facility. Mr. Wilson replied it is all private with Medicare reimbursement from persons with eligible Medicare. Commissioner Phelps questioned Mr. Talley regarding if the entire fencing will be replaced. Mr. Talley replied yes along with landscaping. Commissioner Phelps questioned Mr. Talley regarding if the fencing will face the development side or the neighbor side. Mr. Talley replied that they could do both. Commissioner Phelps questioned Mr. Talley regarding if the fencing will be overlapping. Mr. Talley replied probably not. He stated it will be have details such as a top plate. Commissioner Phelps questioned Mr. Talley regarding the traffic specifically Planning and Zoning Commission Agenda March 26, 2012 with the concern for the increase of traffic through the facility; are there speed controls on the facility? Mr. Talley replied yes, environmentally approved with a tight perimeter circulation for a slower movement. He stated that the traffic generated for this development will be distributed throughout the day. Commissioner Phelps stated having concerns for the cut through traffic of the persons not living in this development. Mr. Talley assured the Commissioner that the cut-through may be difficult Commissioner Phelps questioned Mr. Thakkar regarding the no left turn lane on Cheek-Sparger in the peak morning times of traffic, are there any plans to accommodate that traffic? Mr. Thakkar replied that they will manage that traffic because they don't want to disrupt the residences. Commissioner Phelps questioned Mr. Talley regarding if the three way intersection on the Bedford Court side is regulated? Mr. Talley replied that there will be a stop sign at the three way stop from Bedford Court. Commissioner Davis questioned Mr. Talley regarding if the existing fencing will be removed or will a new fence be installed adjacent to the existing fences. Mr. Talley replied that the preferred option would be to take the existing fencing down however they will have to work with each resident. Commissioner Dudziak questioned Mr. Talley regarding the maintenance schedule for a wooden fence. Mr. Talley replied that the fences should be good for 15 years and they will be maintained like the facility will be maintained. Commissioner Dudziak stated that a masonry fence will have a longer time when maintenance will not be necessary. Mr. Talley assured the Commissioners that the fencing will be properly maintained just like the landscaping will be maintained. Commissioner Dudziak questioned Mr. Thakkar regarding traffic concerns, is Cheek-Sparger Road currently at capacity. Mr. Thakkar stated that Cheek- Sparger Road is over the capacity standards with regard to NCTCOG standards in terms of numbers in peak hours. Commissioner Dudziak stated that there are a lot of ~~f"s on the traffic analysis which would indicate that the road does not meet traffic standards. Mr. Thakkar concurred and stated that the study does not take into consideration the micro numbers for an un-signalized intersection. He stated in terms of improvements such as a signal or a roundabout, the conditions could be improved. Commissioner Dudziak questioned Mr. Thakkar regarding if an additional right turn lane on Cheek-Sparger Road from Wayne Drive could improve the intersection. Mr. Thakkar concurred. Commissioner Dudziak questioned Mr. Talley regarding if he would be in favor Planning and Zoning Commission Agenda March 26, 2012 of additional turn lanes? Mr. Talley replied that the overall traffic numbers are not occurring at one time. He stated that successful developments will generate more traffic. Mr. Thakkar stated that they used general office equations but not for a specific medical office use. Commissioner Davis questioned Mr. Keorner regarding the construction materials and if the design standards can come closer to the code requirements. Mr. Keorner replied that they are trying to stay authentic to the design of the concept and not to be disrespectful to the Colleyville code. He explained that they are asking for special exceptions for this particular development because it is a unique planned unit development. Commissioner Phelps stated that the developer has done a great effort with the design of this development however some of the design standards could be met by the code around the perimeter of the development with more of the internal portion of the development meeting the design standards of the proposed development. Commissioner Phelps stated that the Commission should not let the traffic capacity on Cheek-Sparger Road discourage this development. Commissioner Dudziak concurred with Commissioners Davis and Phelps and further explained that there needs to be a proper mix of masonry within the design. Commissioner Dudziak questioned Mr. Keorner regarding if there will be metal roofs. Mr. Keorner replied that there will be a combination of composition and metal. Commissioner Dudziak questioned Mr. Keorner regarding the materials to be used for the Inn facility; will it be 100 percent masonry? Mr. Keorner replied that it will be a 50 percent cementious material and 50 percent masonry. Commissioner Dudziak questioned Mr. Keorner if they were aware of the design guidelines when this project was started. Mr. Keorner replied yes. He further explained that they are focusing on the rural design concept for the whole development. Commissioner Dudziak questioned Mr. Keorner regarding if the cell tower will remain in place. Mr. Keorner replied yes. Commissioner Dudziak questioned Mr. Keorner if there will be HOA guidelines within this community. Mr. Keorner replied yes, there may be something of the sort. Mr. Wilson concurred. Mr. Wilson came forward to explain that they want to design the best facility to try and meet the criteria for Colleyville however there will have to be an Planning and Zoning Commission Agenda March 26, 2012 exchange for the viability of this project. Commissioner Davis questioned Mr. Keorner, for clarification, regarding the materials to be used are cementious, which would indicate some form of masonry, which complies with the Land Development Code. Ron Ruthven further explained that Chapter 6-Buidling Design of the Land Development Code does not recognize hard board or cementious materials as masonry materials. Commissioner Wheelwright questioned Mr. Wilson regarding if he has developed another one such as this in a residential area. Mr. Wilson said no but that this is where this type of development should go. He stated that these are residences therefore this gives them a feeling of living in a neighborhood. He stated most do not have a choice with little integration into a community. Commissioner Wheelwright stated that any development that goes on Wayne Drive is going to affect the traffic. Commissioner Wheelwright stated not having an issue with the design but that it does not fit the design criteria of the Colleyville code. Mr. Wilson stated that they want to stay true to execute, within economic means, to create this vision. Rusty Beam, facilities Director of CCA, came forward to speak in support of the request. He suggested that staff add a provision to the ordinance that states that the school is permitted to use the current property located on Lot 3, Block 1, of the Southgate Addition, which is owned by CCA, until a building permit is issued on such property. Joseph Behm, 3713 Woodmont Court, the development looks great however; will need to be addressed. Bedford, came forward and stated that this is an ongoing drainage issue that Mary Reme, 3705 Woodmont Court, Bedford, came forward and stated that she liked the concept plan, however, stated having issues with drainage, the proposed fencing, and traffic. There being no one wishing to speak, the public hearing was closed at 8:46 p.m. Randy Johnson, with PDRG, project manager, came forward to answer any questions. He stated he has walked the property and stated that there is a drainage issue but they have designed the development with residential abutting residential. He stated that the flow is natural right now but there are areas that will need attention. He stated that with regard to the fences, he explained that there are a lot of trees that they are planning to save and trees Planning and Zoning Commission Agenda March 26, 2012 that they are planning to plant. He stated that the cedar fence is much more like a residential fence than a masonry wall will present. Commissioner Dudziak suggested that Mr. Johnson and his engineers should visit the site the next time there is a substantial rain to experience the water flow. Mr. Johnson concurred and stated that he has visited the site during a heavy rain. Mr. Talley stated that there will be natural drainage swells instead of concrete drainage ditches. He stated there will be a significant detention area and they will have to study the flow of water which relates to the subject property. Ron Ruthven explained that a drainage analysis was submitted and has been reviewed to address the subject property. Mr. Talley explained that erosion control measures will be put in place to protect the surrounding neighbors. Commissioner Phelps questioned Mr. regarding the photos of the fencing, which boundary do these photos represent. Mr. Johnson replied mostly the south boundary. Commissioner Phelps questioned Mr. Talley regarding general flow of the water. Mr. Talley replied that it generally flows from the south to the east to the detention pond and then to Wayne Drive to the west. Commissioner Phelps questioned Mr. Talley regarding if the roads are going to be curved. Mr. Talley replied that they are not. He stated that the development will have bio swells that will direct the water into the pond. Commissioner Byerly questioned staff regarding why this was not looked at as a PUDR instead of a PUDC. Ron Ruthven replied that staff considered a PUDR however this is a commercial mixed use development. He stated that he considers the commercial aspect to trump the residential uses. Commissioner Byerly questioned staff regarding there being no requirements for masonry residential. Ron Ruthven concurred. Commissioner Byerly questioned staff what are the requirements for multi- family. Ron Ruthven replied that there are no building material requirements for multi-family. Commissioner Byerly stated that it could be all wood or cementious. Ron Ruthven concurred. Commissioner Byerly questioned staff regarding if this had been a PUDR, then the request would have to be considered more for those requirements? Ron Ruthven replied that it could be a consideration of the fact that it is a PUD which can be tailored specific to the individual development being proposed. The applicant believes in their style therefore they are requesting these particular design elements and materials. He further explained that the Village at Colleyville had their specific waiver request, which is why it is a PUD Planning and Zoning Commission Agenda March 26, 2012 development. Commissioner Byerly stated he likes the residential and commercial look and feel of the farm theme. He stated the drawings seem to have a good mix with the commercial having the most masonry and stone, which meets at least 75 percent. He stated that if the commercial was by itself, he would have an issue with just the 75 percent versus the 100 percent requirement but given the whole theme of this development, there is a good mix of both. Commissioner Byerly questioned staff regarding if the streets will be dedicated or private drives? Ron Ruthven replied that they would be platted as 24 foot access fire lane easements so that they would be open to the public and they would allow for cut through traffic. He stated that the parking areas do not have to use the streets to back out. He stated that, although it is not stated in the proposed ordinance, he would encourage the developer to install traffic calming techniques such as speed humps and stop signs. He stated this development is designed to handle the cut through traffic. Commissioner Byerly questioned staff regarding drainage; does this development make the drainage any worse? Ron Ruthven replied it does not. Commissioner Byerly questioned staff regarding the staff recommendations that are not included in the proposed ordinance. Ron Ruthven explained building height, parking and setbacks. Commissioner Byerly questioned staff regarding the only existing house on the subject property, is that owned by CCA? Ron Ruthven replied yes. Commissioner Dudziak questioned Fire Marshal Rob McKeown regarding if the 200,000 foot structure will be the biggest residential structure in Colleyville and will it prevent any challenges for the fire service? Rob McKeown stated that it will be the largest residential structure but the fact that it will be fire sprinkle protected, it will help out tremendously. He further explained that the ambulance service will be impacted however it is difficult to forecast. Commissioner Dudziak questioned Marshal McKeown if the service is currently staffed to meet expectations. Marshal McKeown replied yes, but there may be a need for additional staff, in the future. He stated that the City currently has a staffing plan in place. Commissioner Dudziak questioned Marshal McKeown regarding if the fire department has the capability to fight a fire in this type of a building? Marshal McKeown replied if the fire suppression system fails, then it will be a very large issue. He stated they have the capability but an emergency management plan will have to be in place. Commissioner Phelps questioned staff regarding the proposed ordinance, the Planning and Zoning Commission Agenda March 26, 2012 applicant is requesting the cedar fencing however the proposed ordinance states masonry, is masonry required? Ron Ruthven replied yes and further explained that the masonry requirement is a request by City Council. He stated that if the applicant would like the cedar, then the Commissioners may make that amendment in the motion. Commissioner Knox stated being in full support of this development but stated having strong concerns for the need of the masonry fencing. He stated that if the building materials requirements are going to be waived, then the masonry fencing requirement should remain. Commissioner Dudziak stated he concurred with Commissioner Byerly. He stated that this is an opportunity to have a complete project, a unified concept built and owned by one developer. He stated this is the perfect example for an overlay. He stated he would like to see some roadway improvements for a right turn onto Cheek-Sparger Road and a right turn off of Cheek-Sparger Road onto Wayne Drive just to get the traffic flowing. Commissioner Phelps stated he concurred with Commissioner Dudziak and that the right turns could certainly be considered. He stated being less concerns for the building materials, overall. He stated with regard to the fencing, it appears that there is going to be a lot of landscaping which may require the reduction of some of the trees; however the masonry requirement needs to remain in place. He stated he overall liked the project. Commissioner Byerly moved to approve case ZC12-007 with the conditions of the proposed ordinance. Commissioner Davis seconded. Commissioner Wheelwright stated that by just having looked at some of the photos presented along the fencing area, it appears that any kind of fencing is going to be problematic. Commissioner Phelps stated that those areas will need some erosion reinforcement which will offset some of the problems. Commissioner Wheelwright stated not wanting the fence to erode and cause issues for the residents. Commissioner Phelps stated they could bring back more information regarding the fencing to City Council. Commissioner Knox stated that the masonry will have a longer life span than a wooden fence. Commissioner Dudziak questioned staff regarding if there is a dedicated left turn lane from Cheek-Sparger Road onto Wayne Drive. Ron Ruthven replied yes. Discussion occurred between the Commissioners and staff regarding roadway improvements along Cheek-Sparger Road. Commissioner Dudziak made a friendly amendment that City Council consider improvements to the intersections located at Cheek-Sparger Road and Wayne Drive as well as Cheek-Sparger Road and Bedford Court. Both accepted the Planning and Zoning Commission Agenda March 26, 2012 friendly amendment. Commissioner Dudziak thanked the developer for bringing this forward. The motion to approve carried with the following vote: Aye: 6- Knox, Dudziak, Wheelwright, Davis, Phelps and Byerly 3b Approval of a request for a Special Use Permit to allow for horses on Lot 1, Block 1, of the Greener Acres Subdivision, located at 1313 Glade Road, Case ZC12-008 Amy Shelley presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 9:31 p.m. Alan Greer, the applicant and property owner, came forward to present the case and brief the Commissioners. He explained that he is withdrawing his request to have the riding arena lighted. He further explained that the barn structure will only be one story. Commissioner Davis questioned Mr. Greer regarding how often the compost will be removed from the property. Mr. Greer stated that it will have to be hauled off and is going to work with the local nurseries. Commissioner Davis questioned Mr. Greer regarding if he will own all six horses. Mr. Greer replied that he or one of his relatives would own. Commissioner Davis questioned Mr. Greer if he will rent any spots if he does not have six horses. Mr. Greer replied no that this is not a commercial operation. Commissioner Phelps questioned Mr. Greer regarding the barn; the exhibits indicate that there will be a loft feature. Mr. Greer explained that the exhibits are conceptual however; the barn will not have a loft, it will be a one story structure. Commissioner Byerly questioned Mr. Greer regarding if the riding arena will be fenced separately. Mr. Greer replied yes. Commissioner Byerly questioned Mr. Greer if the northeast corner will be fenced separately. Mr. Greer replied no, it is a cross fence with horses in both locations. Commissioner Dudziak questioned Mr. Greer regarding if there is a drainage Planning and Zoning Commission Agenda March 26, 2012 issue on this property. Mr. Greer replied that he does not have a topo of the site however he states that he thinks that the area drains to the southwest corner of the property. He will check into making sure that the drainage is done properly. Commissioner Dudziak questioned Mr. Greer regarding the square footage for grazing, is 15,000 square feet the optimal size for a horse? Mr. Greer replied that he would like to have the right to the number of horses that the land will allow since this is a very large financial investment. He stated not knowing at this time if he will have two, four or six horses but he would like to be allowed to have the maximum amount. Commissioner Wheelwright questioned Mr. Greer regarding if a drainage analysis has been done on this property. Mr. Greer replied not knowing. Ron Ruthven stated that a drainage analysis is not necessary for a Special Use Permit. He further explained that a lot drainage plan is required for any new building permit that is a significant addition or a new structure built on a property and that is at the time of building permits. Steve Hickson, 1315 Glade Road, spoke in opposition to this request with concerns for odor, traffic and flies. Cindi Dunham, 4800 Stafford Drive, spoke in opposition to this request with concerns for noise from barking dogs, smell, flies, ticks and traffic on Glade Road. Jim Williams, 4700 Stafford Drive, spoke in opposition to this request with concerns for dirt being blown onto his property and drainage. Greg Gammill, 1312 Chatsworth Court East, spoke in opposition to this request with the same concerns as the neighbors. There being no one wishing to speak, the public hearing was closed at 10:00 p.m. Mr. Greer stated he would like to have the option to make this work. Commissioner Phelps questioned staff regarding the calculation of the grazing area; does the riding arena and barn structure affect the grazing area? Ron Ruthven explained that the code includes those structures in the 15,000 square footage calculations. Commissioner Davis stated that it does not appear that the neighborhood and what the applicant wants will be able to meet. Commissioner Dudziak moved to deny case ZC12-008. Commissioner Planning and Zoning Commission Agenda March 26, 2012 Knox seconded. The motion to deny carried with the following vote: Aye: 6- Knox, Dudziak, Wheelwright, Davis, Phelps and Byerly 4. ADJOURNMENT The meeting adjourned at 10:04 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator 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 3a Agenda Date 04/09/2012 Number PC12-002 Type Public Hearing Agenda Items Department Community Development Title Request for a replat on 1.9 acres on Lot 2, Block 1, of the Chandler Addition located at 1721 John McCain Road, Case PC12-002 Explanation The applicant submitted a request for approval of a replat of a 1.9 acre commercial lot on Lot 2, Block 1, of the Chandler Addition located at 1721 John McCain Road. The purpose of this replat is to incorporate a drainage easement and a public open space easement located on the south side of the subject lot. The Land Development Code requires that any addition of easements requires approval of a replat. Existing Conditions. The property is currently zoned ML-Light Manufacturing and is platted, vacant and undeveloped. Summary. The owner's surveyor has addressed all Development Review comments. The proposed development satisfies all requirements o Development Code. This plat only requires approval by the Planning Commission. Recommendation Approve Attachments 1. Location and Zoning Map 2. Aerial Looking South 3. Plat Exhibit Committee f the Land and Zoning Location and Zoning Map '~ "~ ~'~~ ~'~ ~~}~ i ~'~ ~ '~ ~i'~ ~ ~; ~ ~ ~ $~~ ! +~'~ ~ P~ y -l~ ~ 7{~~ i ~ . ~~~ ~ John McCain Road ~~ Site ~ 7~'~ 'I ~`~ 1 "I i~+ ~ 1 2~ ~ _ ' - 1 ~i~ 1 ~ ~ ! Cl~~ 1~T~„ ~ ~ C~'~ ~ ~Cl~~ ~ 7~C~1 ~ ~'` ~~7~ ~ ~~~~ ~ ~. -~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ---r ~x~= ~`~ _ _ _~~~~ ~ Aerial Looking South ~ I~~ I ~ Ci W~ ~~ J ~ Ijn I~M W IZ~ ~e I°m ~ V 24' ACCESS ESMT. I~ VOL. 13387, PG. 178 , D.R.T.C.T. LOT 1 BLpCK 0.~-~ ZON PD 7 5 GNPN~`E~ S~~ ' 39 GP~'~ p.R.1~~~~. P f 0' DRAINAGE & UTILITY ESMT. CAB. A, SL 3975, P.R.T.C.T. I J2' DRAINAGE & UTILITY ESMT. ~_ CAB. A, SL. 3975, P.R.T.C.T. _ ~CIRF 3946 C S 88°57'01" I I ~ ~~; ~~ I ~r;::';:<':.~ ~o' D.U.E. ~ I ;'' CAB. A, SLD. 5563 ~ /~•-I' ; ~ P.R.T.C.T. ~'~•,<~ I /~:: ~j ~ I ;(~ 'I 10~ D.U.E. ~ ~ a~ '' CAB. A, SLD. 5563 -~-~~ ~ ',}~ '• '^I P.R.T.C.T. I I i•..~~; ;: ~:}.~. I ~ ~'• ' ~ 12.00' I '.~~;.::;', ;.' 15' WATER I EASEMENT L 0 T 2 ~ ~ I~~; °: .;~ ~• BY THIS PLAT ~ :'i;:°'~.;'~;f~ 1 .904 ACRES ' rl.J.y..., I I ~~;.•;;~•;; 82,943 SQ. FT. I ~ `f,;. ,:~ I ;.~ ~ I I\~:•"* ',:;;,~~'~ 24' COMMON ACCESS ESMT. ~ I ~.; „!::. BY THIS PLAT ~ I iA1~ '~~;'i,',.~ ~ I ,o~ ~ '~ '` "~.~~, % 2,3"; ~;C~ :•;..; ' '°"F:•:; ~-'-"'~~~ I ~ ~~_, . _ ~ ; ~<~~ ~_._.; ~ ::~ ; ~.~ ~ i ', , ~~ \CA2 I cas -~ - - - _~azs _ _ ~, \~ `.: ` ~ ~,\ i y / ~ A ~~ ~ ~:~~~ \I ~ ~ ~, <>j i 1 im ~ ~ I ~ ~, ~~C '~ oN j~~ ~'~ ; ~ , ~ g~o i-~ i ~ . ~ >~~ , ~ ~ 00 ;>~... ~ ~E P 5563 f~~~ <I i I ; ~NPN~ P s S~0 ,1 . ~~; '~;~ ~~I , ~PB ~ R 1.~ I:~::~y.:~ ~~ II ~ P ~ ' ~~: ,'~I i ~;M ..t, y ~~4 6 ~J i 1 ~ i\ EASEMEN~ M~•' ~ ~ 1:::.~.::~.;. I~ CAS~ BY THIS PLAT , ~.^ ^ * .: , ' ~ ~ J ~~.~- ~, o ?^~;.~.;,, : ~ r~.,-..- ..-..:., ~~-~':;`~~: :• ::,:::; :~:,y'.. <, e,.:. :~z, :~:; .':,. ~ ,~~ :,~.. 'z~ ," 'v~ CA3~ ~ ~!!'~'' ..' ~; ' )..~' . ~.:.4' ~ :,LT.~>..~.'°._. ~. ,;::i,-. `~ ~ I I I:'~;;:.,~~>i.~ 20 B.L_---------~ r / I ~rt•~ ~LS:.~ ~ -~ _ _ t~25 I ~ ~ ~ I I ~I ~ I I CIRS I ~o' D.U.E. ~ CAB. A, SLD. 5563 -~-{ I ~ P. R. T. C. T. ~ I ~ I W ~ i 75.06' I i ~ ~ NAD 83, U.S. SURVEY FEET N=7017318.056 E=2385793.891 ~ O ~ ~ ~ i~ 2 0 3~ ~ Wa ~ ~ ~^Ci ~~~ o~~ ~~a W~ ~ ~o w ol N TRACT 1 gLO~K ~i-~ ZON Nys~~` 3$$~ v o~ ~ P ,R 7.50' 18.00' P~ . ~ g1 , PG 1 ~~'~ . 3? 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 04/09/2012 Number ZC12-010 Type Public Hearing Agenda Items Department Community Development Title Request for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1R2, Block 1, of the Redding Addition, located at 710 Glade Road, Case ZC12-010 Explanation The applicant submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 710 Glade Road. The subject property is zoned CC1-Village Retail and is proposed to be developed as a restaurant. Alcoholic beverage sales for on-premise consumption are allowed in the CC1-Village Retail zoning district with the approval of an SUP. Existing Conditions. The subject property currently contains a 3,980 square foot building that was formerly Alternative Health Center. Proposed Restaurant. The applicant is proposing to open a new restaurant named The Old Mayor's House. The applicant is proposing to remodel the existing building. Parking. According to the zoning exhibit, the applicant is providing 23 parking spaces for this development. The minimum amount of parking required to be provided by the Land Development Code for this development is one (1) space per every 100 square feet of gross floor area for a restaurant use therefore a total of 40 parking spaces are required for the subject property. Staff recommends that the required number of parking spaces be provided on the subject property and this provision has been included in the proposed ordinance. On-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The request is intended to serve a proposed restaurant building. The proposed hours of operation are as follows: Monday - Saturday: 11:00 a.m. to 2:00 a.m. Sunday: 11:00 a.m. to 12:00 a.m. Distance Requirements. The Colleyville City Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet away from a church, school or public hospital. The distance is measured from property line to property line for schools and from front door to front door along the street front property lines for Planning and Zoning Commission Agenda Briefing 3b churches and hospitals. The property is in compliance with this requirement. Master Plan. The Col%yville Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. Surrounding Development Trends. The properties to the north are zoned CC1- Village Retail and are developed as retail and office uses. The property to the east is also zoned CC1-Village Retail and is currently undeveloped. The properties to the south and west are zoned CC2-Shopping Center and developed as retail and automotive repair uses. Public Notification. Staff mailed notices to 41 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. No correspondence has been received regarding this request. Summary. The proposed SUP would authorize the sale of alcoholic beverages for on- premise consumption. The restaurant will be required to meet the 60 percent food versus 40 percent maximum alcohol sales requirement in the Code of Ordinances. The property satisfies the distance requirements to churches, schools and public hospitals. In lieu of a waiver or variance, staff recommends that the applicant provide the required number of parking spaces on the subject property. Recommendation Approval with the following conditions: 1. General a. This Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called "The Old Mayor's House". c. 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. 2. Hours of Operation a. The hours of operation shall be as follows: Monday - Saturday: 11:00 a.m. - 2:00 a.m. Sunday: 11:00 a.m. - 12:00 a.m. Planning and Zoning Commission Agenda Briefing 3b 3. Parking a. All parking shall meet the minimum requirements of the Land Development Code. b. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial Looking North 5. Statement of Planning Objectives 6. Zoning Exhibit 7. Proposed Ordinance Location and Zoning Map ~~ i~ ~~~~ ~R~-~ ~~ ~~ ~~Sd7 Q ~~os t ._ ~~~ ~o~s ~oo~ ,~~ ~ ~o~~ , ~~ L ~ l ~ Site ~ A~a CC- A.~ 1- 9C~~ f - , ,~'~ 4~i3 7~JiJ 7'tl I I ~°,~l ~ ~" Lr~ '~___ ~-- f .~ 7~D~ 48~1 CG2 472~ 48Q~ ~4~17 47t7~ ~; g 4~(]~ 4'~ C] i ~5~~ aa~ ~~~~ ~4+~43 ~3rMr ,~ PL~'l= o° ~ I~' -, {1 a~~a 4g~ .~ .. ~ 492$ `~ ~9~2 `~9~22 ~ ~ c7 • ~ ~ rn g~~ ~ ~ 5 ~ ~,~ -i~~F o ~ ;~ ~'~~ ~'o ~ c~ c~ "+: l , ~ ~ . ~ . T ~ Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Compass Banl< PO Box 10566 Birmingham AL 35296 004841 Colleyville Blvd Miller, Tom 5004 Thompson Ter Colleyville TX 76034 005004 Thompson Terr Y2Kitchen Properties Llc 4500 Dartmoore Ln Colleyville TX 76034 005003 Colleyville Blvd Delgado, Marl< Etal 5000 Thompson Ter Colleyville TX 76034 005000 Thompson Terr Thompson, John E 5017 Montclair Dr Colleyville TX 76034 000905 Old Glade Rd Glade Road Capital Llc PO Box 1821 Colleyville TX 76034 001009 Glade Rd VandergriffJoan 5317 Bluebonnet Rd Colleyville TX 76034 000909 Old Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000750 Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000710 Glade Rd Glade Road Capital Llc PO Box 1821 Colleyville TX 76034 001001 Village Park Dr Tutt, T U Jr PO Box 6 Colleyville TX 76034 004800 Bedford Rd Heritage Personal Training Inc 1208 Crest Dr Colleyville TX 76034 000707 Glade Rd Varin, Adrian Etux Sheron M 4909 Lal<ewood Dr Colleyville TX 76034 004909 Lal<ewood Dr Pittman, Bobby G 4913 Lal<ewood Dr Colleyville TX 76034 004913 Lal<ewood Dr Bennett, James EtuxJoann 4917 Lal<ewood Dr Colleyville TX 76034 004917 Lakewood Dr Bowden, William Etux Sharon 4928 Lal<ewood Dr Colleyville TX 76034 004928 Lal<ewood Dr Poslicl<, Martin A Etux Evelyn 4932 Lal<ewood Dr Colleyville TX 76034 004932 Lal<ewood Dr Hendricks, Chas Etux Patricia 4918 Lakewood Dr Colleyville TX 76034 004918 Lakewood Dr Enochson, Michael Etux Heather 4914 Lakewood Dr Colleyville TX 76034 004914 Lakewood Dr Dowdy, Richad C Etux Judy G 4910 Lakewood Dr Colleyville TX 76034 004910 Lal<ewood Dr Taylor, Virginia W 4936 Lal<ewood Dr Colleyville TX 76034 004936 Lal<ewood Dr Hawl<ins, Chris Etux Patricia PO Box 235 Colleyville TX 76034 004944 Lal<ewood Dr I<aregeannes, Harry G Etux 1004 Edgewater Ct Colleyville TX 76034 001004 Edgewater Ct Noorani, Anis Etux Reema 4940 Lal<ewood Dr Colleyville TX 76034 004940 Lal<ewood Dr Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Village Ln McElroy, Behjat 5614 Del Roy Dr Dallas TX 75230 004925 Lal<ewood Dr Wells Fargo Banl< Na 700 N Pearl St Ste 2200 Dallas TX 75201 004843 Colleyville Blvd Hoa - Lal<ewood Estates 12700 Parl< Ctrl Dr Ste 600 Dallas TX 75251 004925 Lal<ewood Dr Zell Three Inc 1190 Explorer St Duncanville TX 75137 000700 Glade Rd Noblit, Don Etux Barbara PO Box 820895 Fort Worth TX 76182 004913 Colleyville Blvd Worthington National Banl< 500W Main St Fort Worth TX 76102 004814 Colleyville Blvd Hoa - Lakewood Estates 6707 Brentwood Str Rd Fort Worth TX 76112 004921 Lakewood Dr Hoa - Lal<ewood Estates 6707 Brentwood Str Rd #110 Fort Worth TX 76034 004922 Lakewood Dr Wree Colleyville Llc 201 W California St Gainesville TX 76240 004801 Colleyville Blvd Looney, John R 3001 S Country Club Rd Garland TX 75043 004917 Colleyville Blvd Colleyville Plaza Lp 580 Decl<er Dr Ste 203 Irving TX 75062 004900 Colleyville Blvd Nobel Source Company Llc 640 S Hill St Ste 341 Los Angeles CA 90014 000800 Glade Rd Cocanougher Asset No 3 Llc 6851 NE Loop 820 Ste 110 North Richland Hills TX 76180 005005 Colleyville Blvd Dream Marriage Llc 12815 SE Rivercrest Dr Vancouver WA 98683 005001 Thompson Terr Ying Ail<ens, applicant 4500 Dartmoore Ln Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, March 23, 2012 by Amy Shelley. 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I - ~`~ ~ - ; i ~° i a~ ~,"r ~ - f ,~ ,~,~ ~ ~ ~ "~ ~" ~' ~ ~ ~ " , ~ Glade~Road ly~ y ~ ~ ~ ~. ~_~ ~ ~ ~s:; - ~ k' ~r -- _ ~~~~~~ ~ - -- ~ - - '~ ~ "~, . + ~ yY 'Y~-.~,'.~. ~ . sf~ ~h,;~ ~ ~" P~ !~YN ~ ~ ~ ~ tlo'~~~ ~ R R r ~ . y..~ . ' ~ ~ ~ ~~ ~ ~ ~ ~,. 4 a,. I ~. ~ ~ _ ~ ~._ _ ~ I~ ~ ~j . ~ ' ~Ks~~~~~~p'n a ' ~'~ t~ ~ ~ ~ _ ~ : ~~~t'~n~f' ~ ~ y~ ~ q,, ~~k c~-' r,.~~ fd~' ~~ n " ~ .~L'~ -, 6r~ ~ . M , ~ f .~ a W.r t.~ . '" x. . r . T ~ ~ , ~~u~~ ~ , ~ - 'V~ _~M~ ;~ ~-. '~ ~ .. ~ ~ _ :~~ =x . ~4 44~ r ,-~: ,f; . ,r ~A:'4 - ~~- ~ ;~<:. _ - a ~~.r~ i, a : ~. ,Ar: ' «~~ N• - .- . Statement of Planning Objectives March 26, 2012 To: Ron Ruthven From: Ying & Tom Aikens Re: Preliminary Plans for Development We have recently purchased the property located at 710 Glade Road, Colleyville, TX 76034. The intent of this acquisition is to eventually open a fine dining establishment serving Colleyville and the surrounding communities called "The Old Mayor's House". We hope to duplicate the success that we have enjoyed with our development of Next Wood Fired Bistro & Vino Bar across the street. Our support from Colleyville's citizens has been invaluable. Our customers come from not only Colleyville, but as far away as Denton, Highland Park, Flower Mound, Grapevine and Southlake among others. We have greatly improved the property. We intend to pursue development of the Old Mayor's House property in several phases with several key considerations in mind: • Build upon the reputation of Next Wood Fired Bistro & Vino Bar; • Focus on the overall beautification and improvement of the 26 Corridor; • Pursue items that will generate immediate impact and results; • Improve the property with the intention of making it a destination site. The hours of operation will be the same as the Next Wood Fired Bistro & Vino Bar. The goal of the redevelopment of this property is to help beautify a historic site in Colleyville, offer a unique location for outside events and to bring a fine dining establishment to the Colleyville Blvd. corridor that will benefit our citizens as well as bring visitors from the surrounding communities to our City. We envision this as not simply being a destination restaurant, but a true destination. We will continue to wark to support other community businesses as we develop this property and ultimately help make our community stronger and more unified. This development will be a natural extension and evolution of our business at Next Wood Fired Bistro & Vino Bar. Thank you. Ying and Tom Aikens Next Wood Fired Bistro & Vino Bar 5003 Colleyville Blvd. Colleyville, TX 76034 Zoning Exhibit caearrox ~r,ar P,iRVlNk C.aLCUPATin~,~s. H1f1C, .4R};i - 39BO sv FT Px,GCI.YG ~2£~UfF80 - 1 SPxC! PFA 2A:r $Q FT HLL~~ 3$d0 / 2?? = 2P SPai~fS SPACis PRnWd§Ed 21 kECULiF, 2 f3.4~Kdl~ LC1a l-R Hl;pCg t }Ii9HET R9D[TIDY c e :ua~ _ ~~ ~ __~ _. ~ ~d'C~ _p ~ J5 fA3'Yi. a].''--~ r ~YM1 ~__- L I r ~ * I r ~ " e ~ a ~~ ~' ~ _ v. I ' ~ ~ ~ ~ ~ ~ _ ,_ ~ -.~\~ - gf r ~ . .. - + ^--.~.~ . R- x ~ ~ / r ~ i ~ ' . y~ f I F+ I ~ 1 . ~ I ~a ' I ~ l I ! ~ EFq' ' -R 8[.oC;. 3 YILLSCE P.+,R.4 .1SQTf[O~i' ~ ? ~ G ~ ~ ~ ~ ~ ~-,~I r ~I cr.e o, sun€ a~~s ~ A~`~lY9u~ V[LA~ ~ 0. e c.. -__ -- I ~ ~ eeo~ce' . I Y ~ ~~`~ f~ ~ 1 f ~ (q ] ~~ ~ya + I ~ If + . I I . a ~ ~~ i . ~ oeu -k ~. . ~ ~,. 1~ .. `~,Y•: `...I, ~+ I~Ir I i . LQ T~ / I I ~ .. ~'w ~ 4I ..~ nw.~eea ~ ~ 6 ' m ~ r~ ~ ~ ; ~~~ eLOe~ 1 ~ ~ ~ ~ ~ ~; . ~ ^ ;, - _ „' ~ ; m,_._,tr,..,. ° - - ~ , : ~ ~~~.~ / 1 ~ i ~ ~ "`,-~"..:4:~~H B~5 °~~ - ~? ~. .~ '+~~„ ~~ 1 ` :`,,7 i r ~ ~ ~ ~ r.."" ° °°' ` ° ° ~ ~' ~ , , ~ ° ' " ~ ~ ~ ~ ' ~ ~~ ~ ~ ~ ~~~~ ~' ~ ; I i ~ ~ , . , ~ ' ~ e ,~ ~ r, ~ : x'~..: ` ' ~~ ~ . ~ ! f ~ a ~`~~ p +~ -~' - !"~/ :- ~ `~, ~ `'~ ~ r~ , r ~ ~, ~ ~ ±~~` 7~ ~ , , ~ ~_. vti O ~ ... ,..., 4 ~ . ti \ ___ io . CNEE;i E LY ~ '~ n y ~ .. ~~~ A '' .x+ _ _' C .~ ~ ~ _= _--. ; _+ __ _ __-~- - ~u ~! _- +-- y ay ~ . t• ~. ~ 4 g A ;s , 5.~- ------ --- -~ ~ V l ---- L L A ['' ~ ~ ,a %. , ~ - - ~ Y~ - ---- ------ • -- -- l I i w I I ~.,yi,~EYW,~E FiRE DE4S. ~ . I 5~ ~ ' ~ I . - sa~esm~*~wo:n ~u,e..,_~e ~xwa :~ _. .. ~ , ~.z._...~-~„~. ~ . I Q ' . PRl7P4SEE3 ~ se PARKlHG ~w~r-sa ~ +~+ LQfi 1, BLOCIC 1 Zl~~ "' REDDING AbDt~1'~{3N ° • " Rcvnm r~-zn-a~eoa urocT ar: eax~e. ~ ,~ V AH #DaITIUN TQ TNE. CITY pF COL~E'7'~'.•1.~ Wt£ i9-i:^~ e.x~e.v n~: oe :-~ ~ ~ , ~„ ' THCi~x§ w. tip'ccr,`p.e. feu+ ~h d ro:. „ P n ~ ~ ', ~ 4„~c TARRAHT GQUHTY, ~ ~..~.a ~N~. t.r r Q kND BE1NG 9V~' 9F momae- d. POULS9N SURYEY, ABS. M.1~. 1348 v.. _~"~ ~a~a ~ -__-~ ~ ,~~, ~ / 4 V TAqA'RNT COUNTW, TE%AS Pn~iaa,. i i ----.y,..~...~, i , C7 2.098 ~,I~CFE3 ORDINANCE 0-12-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT iR2, BLOCK 1 OF THE REDDING ADDITION, LOCATED AT 710 GLADE ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning request under Case No. ZC12-010; 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 Ordinance 0-12-XXXX Page 2 of 4 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1R2, Block 1 of the Redding Addition, located at 710 Glade Road, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibits ~~A" and ~~C" and described in Exhibit'~B". Sec. 3. THAT the above described tract of land shown on Exhibit ~~A" 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 Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called ~~The Old Mayor's House". c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in Ordinance 0-12-XXXX Page 3 of 4 ownership or upon the expiration or termination of the Certificate of Occupancy. 2. Hours of Operation a. The hours of operation shall be as follows: Monday - Saturday Sunday 11:00 a.m. - 2:00 a.m. 11:00 a.m. - 12:00 a.m. 3. Parkina a. All parking shall meet the minimum requirements of the Land Development Code. 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec.8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-12-XXXX Page4of4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15t day of May 2012. The second reading and public hearing being conducted on the 15t" day of May 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _ day of 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT ~~A" - Location and Zoning Map ~1 ~1+.~~~ ~ ~ '~~ ~ ~f~ 17 ~_ ~ , -.~E ~' _ :~]1~G r r ~ ~} }~# ~ ~ Fkl~ j~ hl~ ~, '~~.,1~ ~ f,-Y. ~,+ '" I~'Il~~i ,~J~~~ ~~{14 ~~-'~~~ ' ~ v~'J~}~ ,~•~_ 4~~~ ~ C"~-~' Fif~~t ~~[}~ ~ - ~~'~~~ ~ ~~[J~^ p `J~la'4~{I~ 'J~~1~ r ~~~ ~~~~~ ~ ~ ~ ,-~` ~~ ~ ~ ''~ ~ :I 1 ----~ t r' ~ ~9~ ~ - ~ ~~~. . y ~ ~ ~ ~,~_~~_~ f, ~~ ~~t']~ .. ~iF , ~Hil~ i . a~ ~ ~ ,., ~ _ i^ ,~ ~ - - - ~-~ t,. ~ ~~. , `'` ~ ; - ~ -~,-; ' t 'l a • ~ ' ~,. ` R-_' ~_~ r ~1~ ~l ~ ~$~~~ ~ ~-~~~~, ~ -,s ~ ,~, , ~~:~ - fd~ -..~. , ~`~,, ~~~~ ~ ~ ~~~ ~ ~ 4~1~ `~' ~ ~ A~~~ ` ~ v '~ ,~"~3[4~a ~ C~-2 ~~ d~,~~ ~9~~ -~ ~ ~ 4901 d J'25 r ~ y~ °r ~ ;~ 4~4~ /' ~ `~9~6 ~ T 1 ~' ,~ ~+ ~ I ~',~ _ -~f~ ~° a T' ~,a~1 . ~~ ~'. fA~-~'~ ~1 ~ ~ ~ ~ ~y~ A"~ ~ Y ~ Q . ~ :I f a~.. ti. ~. ~~ Exhibit ~~B" - Statement of Planning Objectives March 26, 2012 To: Ron Ruthven From: Ying & Tom Aikens Re: Preliminaiy Plans for Development We have recently pL~rchased the properry located at 710 Glade Road, Colleyville, TX 76034. The intent of tlus acqL~isition is to eventually open a fine du~ing establishment serving Colleyville and the surrounding commuiuties called "The Old Mayor's House". We hope to dL~plicate the success that we have enjoyed with oL~r development of Ne~t Wood Fired Bistro & Vino Bar across the street. OL~r support from Colleyville's citizens has been invaluable. OL~r customers come from not only Colleyville, bL~t as far away as Denton, Higliland Park, Flower Mol~nd, Grapevine and SoL~thlake among others. We have greatly in~proved the property. We intend to pl~rsue development of the Old Mayor's HoL~se property in several phases witli several lcey considerations in mind: • Build upon the reputation of Ne~t Wood Fired Bistro & Vino Ba~; • Focus on the overall beautification a~ld improvement of the 26 Con-idor; • Pursue items that will generate immediate impact a~~d results; • In7prove the properry with the intention of making it a destination site. The hours of operation will be the same as the Ne~t Wood Fired Bistro & Vino Bar. The goal of the redevelopinent of tlus properry is to help beaL~tify a lustoric site in Colleyville, offer a unique location for outside events a~~d to bring a fine dining establishment to the Colleyville Blvd. corridor that will benefit oL~r citizens as well as bring visitors from the surroundu~g conuni~nities to our City. We envision this as not simply being a destination restaurant, but a true destination. We will continue to work to suppoi~t other coinmLUlity bL~sinesses as we develop tlus properry and ultimately help make our commL~nity stronger and more L~nified. This development will be a natural e~tension a~~d evolution of our bL~siness at Ne~t Wood Fired Bistro & Vino Bar. Thank you. Ying and Tom Aikens Ne~t Wood Fired Bistro & Vino Bar 5003 Colleyville Blvd. Colleyville, TX 76034 EXHIBIT ~~C" - Zoning Exhibit a.:sx~.~~c eucr~.ezrrr,u~c PLD~G xREi - 7&LO SV f'7 ~.urs~rno ~ea~4t°~an a~aer P6-a :m sv Fr 5~t~s. :~ ,J aCL ~1, SF' -: e'S B~ACFS 2AL~F0.5'EU 1+ A1' mC. ---_-~ __ .. ~ ~. ~ ~ ? ~ ~. x ~ vn.~oR,~~ a:aoi.~iu~ ~ CSN. A `LLE :2E# ~ pe.r.s - . ~ -----~~ ;~ " ~ x~a.r, 5 s S ~, ~.,.._~,:~ru ° ' °~ ~I~ ,~'y •~ _~ ~+~ X _ ~.. ` i ~~~ ~, ~aac s '~ vrL::s w~ ~ am. ~" ! ~. 4~ ! ~ e m Y F.l.er 9wa,. 4~ ~ a . t ~'-~lo~ ',{ '.¢ pp~uYlr:]F r,~R ~w~x' Y J . a,~°~ur 3 . ~ ,~ . ' ~ ~~~ ~~ ~ r a1 ~ ~~~ - _- ',5 `ti. '~~": ~ _. ~ - -- ~'~ . ~ a. ~ . , _~ . ~- ~-n ~u?r,r~ i, usent-r .wusriuti ~ ~;+6 n. sux isw iAi:'T ~___.. ~____s`___~__ 3L ~ _ Old Glade Road -- ~ ~~~~~ S~ .~~~g--r__---__;---- ~'~ --~- ~ ~,~ i : '~ f ~ "~' ~~i{ ~ ~ ~-i9Glf.' SY~-.RA" - ~ tl .fr •~~ nL 0..~~~IL3~flk"{p' f '=1 4 Y.X ]~~A~ I^L ~2] `__ i ~ ~~F ~ ~ i ~ ~ ~~. ~ / I j ' - '• _ ~' Y. iv.ll 1 ~ ~ 1 ~-~~~- -.~~~-_ ~ --~r- .. . ~ , ---- ~- , ~~ ~ ' ti 4~ ~ C'i ~ '4 '' ~. . ~-' ~__ ' ~ i i ~-' .°j, ~'ti - - ~~~~ ~ ~~ j .. I I r ~ ~ ,y ~ , ~~ ~~/ ~ ~~ '~ ~ ~ ~ 1 ~j ~ / ~ I . . 4 I . .I L~ ,' ~R. r ~ f ,.S I .x __ c . ~ ' @L~:• 8 f ~ 1 v_uact N.ta~,. ,u:•iulion Q, , ~~ C,iD n. SCiD~ 5ro15 e `- I ~ ~ I i`~ , i II I 'j ~ ~ I I~ 'j f ~ ~}. '} II f p ! f ~ - ~ ~;' ~~ ~ `-~~ ~~ _~ y~~"' e.i ~~c.n..~ =~ -J,,~~ . } ~ 4 . ~. e uu ~ ,~.c, ,~ ~ ~ ~ 1-"'~~:~~ IL€~T ~ }'r ~~, ~ ~. ~ ~rt ~ /~,~Ay5+~ ~~ li ~~ ~~L~J[i ~ ~I ~ r° l ~ , - ~ Glade Road "~ ' ---~ i _ ..;y L 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 3c Agenda Date 04/09/2012 Number ZC12-011 Type Public Hearing Agenda Items Department Community Development Title Approval to rezone 1.0 acres from ML-Light Manufacturing to CC1-Village Retail with a Special Use Permit for a wedding Chapel on Lot 1, Block 1, of the Chandler Addition located at 1701 John McCain Road, Case ZC12-011 Explanation The applicant submitted a request to rezone 1.0 acres from the ML-Light Manufacturing to the CC1-Village Retail zoning district with a Special Use Permit (SUP) for a wedding chapel on Lot 1, Block 1, of the Chandler Addition located at 1701 John McCain Road. A wedding chapel use is allowed in the CC1-Village Retail zoning district with the approval of an SUP. Existing Conditions. The subject property currently contains a 5,530 square foot building that was approved and constructed in 1998 as a photography studio. The business names include Feragne Photography Wedding Chapel, on the monument sign, and according to their website, they are known as Feragne Villa Photo Studio with Wedding Venue, Feragne Wedding & Event Villa, the Feragne Banquet Center, or Feragne Wedding Venue in Col%yville. Staff received notification by the City of Colleyville Code Enforcement officer of several complaints of noise on the subject property by surrounding neighbors. Upon further research of the subject property, staff concluded that the applicant has been operating a wedding chapel without the approval of a Special Use Permit. Staff then sent written correspondence explaining a zoning code violation and then allowed the applicant time to apply for a recommendation of a zoning change from the ML-Light Manufacturing zoning district to the CC1-Village Retail zoning district with a Special Use Permit for a wedding chapel. Statement of Planning Objectives. As of the printing of this agenda briefing, staff has not received a Statement of Planning Objectives. Wedding Chapel Use. The facility consists of an indoor wedding chapel with seating for 125 guests, an outdoor garden area, a smoker's patio, and a reception hall. The applicant offers all inclusive services which include photography, dinner, cake, DJ services, video, and a photo station. Persons may also rent this facility for bible study groups or event holiday parties. Staff recommends that the chapel be limited to 125 Planning and Zoning Commission Agenda Briefing 3c guests. This condition has been included in the proposed ordinance. Noise. This facility will be required to comply with the Colleyville Code of Ordinances with regard to noise nuisances: a. Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance. b. Any noise of such character, intensity, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance. c. The fol%wing acts, among others, are declared to be nuisances, but such enumerations shall not be deemed to be exclusive: 1. Musical instruments. The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 p.m, and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons of ordinary sensibilities in any dwelling, hote% or other type of residence. 2. Loudspeakers and amplifiers. The use of any stationary loudspeaker or amplifier of such intensity as to annoy and disturb persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any weekday between the hours of 10:30 p.m, and 7:00 a.m., or at any time on Sunda y. Parking. The site plan indicates that there are currently 25 parking spaces available on the subject property. The Land Development Code contains no specific parking requirements for a wedding chapel. However, in terms of the physical development requirements, a wedding chapel is comparable to a church. Churches are required to provide one parking space per every three (3) seats. Therefore, given the 125 seats proposed in the chapel, the wedding chapel would require a minimum of 42 parking spaces, if required to adhere to the requirements for a church. Master Plan. The Col%yville Master Plan designates the subject property for retail uses. The request is generally consistent with the Master Plan as it relates to a photography studio. Surrounding Properties. The properties to the north is zoned PUD-R-Planned Unit Development Residential and are developed as the Cascades at Timarron. The properties to the south and west are zoned PUD-R-Planned Unit Development Residential and are developed as the Villas at Caldwell Creek. The property to the east is zoned ML-Light Manufacturing and is currently vacant and undeveloped. Planning and Zoning Commission Agenda Briefing 3c Public Notification. Staff mailed notices this request. Notice was published in the state law and the Land Development Code, regarding this request and 15 of those notification area. to 34 adjacent property owners regarding Fort Worth Star-Telegram as required by Staff has received 25 letters of opposition letters received are within the 200 foot Summary. The proposed request would authorize the zoning change from the ML- Light Manufacturing zoning district to the CC1-Village Retail zoning district with an SUP for the use of a wedding chapel. The proposed use complies with the requirements of the Master Plan provided an SUP is approved for the wedding chapel use. Staff recommends tha the applicant meet all requirements of the Land Development Code and Colleyville Code of Ordinances as a condition of approval of the wedding chapel use, including parking requirements and noise restrictions. Recommendation Approval with the following conditions: 1. General a. This Special Use Permit shall apply to the wedding chapel use. b. The wedding chapel shall be limited to 125 guests. c. 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. 2. PARKING a. The subject property shall contain a total of 42 parking spaces. b. All requirements of the Land Development Code shall be met, except where amended herein. c. All requirments of the Colleyville Code of Ordinances shall be met. Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Letters of Opposition Planning and Zoning Commission Agenda Briefing 3c 5. Aerial Looking West 6. Website Information 7. Site Plan 8. Building Elevations 9. Proposed Ordinance Location and Zoning Map ~~~~ ~~~~ ~ - E _ _~ ~~~~ ~~~ ~ ~~~ ~~~ ~,~~, 7~~1 ~7~~ ~ _ John McCain Road w~ 7~~~ ~~~ ~~ 1~'[~1 1721 3 ~~~ 1 ~{~~~ ~ 3~ ~'~2~ ~~~ 7Q~ 3 ~8 _ 7D~~ ~{~1~ ~~~~ site ~-IL ~ r f~1 ~ ~{~~ ~~~~ i ~ - ~ ; ~-,-ti ~-, ~'~1 ~ ~{~~ ~~0'~ ~ ' ~ ~'1 ~ 1~ - i ~ 11 ~ ~~ ~ ~ ~~~~ 12 7~~7 ~ ~, ~ ~ ~ ~ ~8 ~ ~ a~ ~ Q4 ~- ~ °~ ~c~' ~ ~ ~ ~ ~ ~~J_ ~ G~ - ~ ~ [~i ~ ~ `~ - ~-_,- ~~~ ~ ~~~ ~ x ~~~ ~ ~~ ~ ~ 18~~ Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Grant, Richard G Etux Jacqueli 1304 John McCain Rd Colleyville TX 76034 007018 Primrose Ln Seiber, Dean & I<ristin Sears 1625 Heathermore Colleyville TX 76034 001625 Heathermore Tennery, Patricia A 1701 Heathermore Colleyville TX 76034 001701 Heathermore Patel, Ketan V Etux Mona K 1701 Prince Meadow Dr Colleyville TX 76034 001701 Prince Meadow Dr Freitas, Michael W Etux Rebecc 1705 Heathermore Colleyville TX 76034 001705 Heathermore Murray, Michael J 1705 Prince Meadow Dr Colleyville TX 76034 001705 Prince Meadow Dr Staggs, Gary M Etux Barbara A 1709 Heathermore Colleyville TX 76034 001709 Heathermore Mayo, Robert D Etux Cathy A 1709 Prince Meadow Dr Colleyville TX 76034 001709 Prince Meadow Dr I<ouzes, Stephen & Kyle Kouzes 1713 Heathermore Colleyville TX 76034 001713 Heathermore Neyra Properties Llc 1713 Prince Meadow Dr Colleyville TX 76034 001713 Prince Meadow Dr Lilley, Gene T Etux Pamela 1717 Heathermore Colleyville TX 76034 001717 Heathermore Schultz, Eric Etux Jana 1801 Prince Meadow Dr Colleyville TX 76034 001801 Prince Meadow Dr Nelson, Arnold E& Joyce A 5800 Hunter Trl Colleyville TX 76034 001809 John McCain Rd Timarron Owners Assn Inc 700 Wentwood Dr Southlal<e TX 76092 001808 John McCain Rd Timarron OwnersAssn Inc 700 Wentwood Dr Southlal<e TX 76092 001708John McCain Rd Stroud, Harold Etux Catherine 7001 Primrose Ln Colleyville TX 76034 007001 Primrose Ln Evans, Steve Etux I<ay 7002 Primrose Ln Colleyville TX 76034 007002 Primrose Ln Jamieson, Jennifer D 7005 Primrose Ln Colleyville TX 76034 007005 Primrose Ln Drautz, Eugene D Etux Gloria S 7006 Primrose Ln Colleyville TX 76034 007006 Primrose Ln Corder, Marl< & 5 Scalzitti 7009 Primrose Ln Colleyville TX 76034 007009 Primrose Ln Birgelaitis, Daniel Etux Vicl<i 7010 Primrose Ln Colleyville TX 76034 007010 Primrose Ln White, Howard R Etux Larita I< 7013 Primrose Ln Colleyville TX 76034 007013 Primrose Ln McCarthy, Gerard Etux Teresa 7014 Primrose Ln Colleyville TX 76034 007014 Primrose Ln Winterberg, Ferris L& Donna P 7017 Primrose Ln Colleyville TX 76034 007017 Primrose Ln Gale, Janice Sheila 7021 Primrose Ln Colleyville TX 76034 007021 Primrose Ln Sprott, Gary J Etux I<erry I< 7022 Primrose Ln Colleyville TX 76034 007022 Primrose Ln Panno, Ralph Etux Beatrice 7026 Primrose Ln Colleyville TX 76034 007026 Primrose Ln Villas At Caldwell Creel< Hoa PO Box 293 Colleyville TX 76034 001703 Heathermore Villas At Caldwell Creel< Hoa PO Box 293 Colleyville TX 76034 001700 Heathermore Villas At Caldwell Creel< Hoa PO Box 293 Colleyville TX 76034 001609 Primrose Ln Villas At Caldwell Creel< Hoa PO Box 293 Colleyville TX 76034 001605 Primrose Ln Villas At Caldwell Creel< Hoa PO Box 293 Colleyville TX 76034 001600 Heathermore Northeast Properties Inc PO Box 611 Colleyville TX 76034 001721 John McCain Rd Ferange, Terry & Rita, applicant 1514 Spruce Ct Southlake TX 76092 001701 John McCain Rd Public hearing notices were mailed on Friday, March 23, 2012 by Amy Shelley. Buffer Map `07 ~ 711~9 72~9 7~~12 ~~~~ 720~4 ~a~~ ~~a~ ~~~~ ~~~~ ~~o€ ~~~a - - ---- ~'2Q 1 72~i3 72~0 ~ ~ . . - -'` - 1701 170`,~~7'3i ~-71~ _~201 17~7 ~17~1 70 ~ 1 7C~~2~ ~ ~0~1"~~ ~032 ~0~~ 70~uc~~ 7D13 ~ ~ ~ ~ ~+~~s ~~~s ~~h ~ ^ ~~ ~ ~ ~~~~ - ~o~ ~ ~~~~~ ~oa~ ~~~~ ~~~~ ~ ~~ ~0~1 ~oo~o ~~~~ '~ ~a ~ -1 ~~~~ ~ ~ + .r ~ ~a ~ ~ ~~~a~~ '~',~,~ ~ "`~ ~~os - ~ ~ ~ `~' ~;s ~~oa ~ ~ ~ ~ o~ ~ ~ ~ ~ ~, ~ ~~~r~ ~, ~~ _ is~ r ~ ,~-~~~ .-k~ . ~''' ~ ~~ ry, s4~~~ ~ '}~~ A---~,_.~ J ~~~~ t 2~'~ 7~ 1 ~ 7~~15 7~13 ' 72~5 _ 721 t~ 7~ 1 ~I ~212 7~{~1 7~~~ 72~7 720~ a~~ ~~o~ _ ~ i~u~ ~1$~~ ~t3~13 ~~ so~ I `91 ~ 1821 1~~1~ ~~y ~h,~~~~y Letters of Opposition 5ubject. FW: Feregne request for zoning change From: George Dodson Sent: Wednesday, March 28, 2012 7;66 PM To: Amy 5helley Subject: Feregne request ~or zoning ehange We live at 73@9 Balmoral Drive and object to the proposed zoning change! This firm has ignored the current zoning restrictions and just like the car dealersh~p has only requested ~he zoning change after being caught. We don't need more noise, traffic and light pollution sa close to our development. 1'hey can run their photography business with the current zaning. Please register our appositian to this changei George and Vonnie t~odson Sent from my iPhone 1 Amy Shelley Subject: FW: Feragne - Zoning Change Request - 1701 John McCain Road From: Mona Patel Sent: Wednesday, March 28, 2012 2:23 PM To: Amy Shelley Subject: Feragne - Zoning Change Request - 1701 John McCain Road ~Y, I am a Colleyville resident at 1701 Prince Meadow Drive and within 2~0 foot notification area. Please register my opposition to this zoning change request. I am very concemed about the noise, lack of parking, traffic and alcohol consumption at this facility. Mona Patel i Amy Shell~y Subject: FW: Feragne - 1701 John McCain - Zoni~g cha~ge request From: ketan patel Sent: Wednesday, March 28, 2012 2:21 PM To: Amy Shelley Subject: Feragne - 1701 John McCain - Zoning change request Amy, I am a Colleyville resident at 1701 Prince Meadow Drive and within 20Q foot notification area. Please register my opposition to this zoning change request, I am very concerned about the noise, lack of parking, traffic and alcohol consumption at this facility. Ketan Patel Reach for the stars! ! ! i Amy Shelley Subject: FW: Feragne From: Michele Dacus Sent: Wednesday, March 28, 2012 8:51 PM To: Amy Shelley Cc: 'Lisa Kenney`; 'Peg Demers'; 'Diane Hill ;'Sandy McClain' Subject: Feragne Hello, I am a resident of The Cascades, right across from Feragne. their back area, which is totally visible from John McCain, is constantly an eyesore. They are always building something to accommodate one of their weddings or photo shoots. On weekends, there are cars parked in the grass adjacent to their property, also not something expected of a Colleyville residential neighborhood. These owners are not respectful of the homes around them, have been in ~iolation of zoning laws for years and if you give them an inch, they will take a mile. IYs bad enough we ha~e the mobile home park, the car dealership and an industrial strip center on lohn McCain. Now we're going to add a high trafFic wedding chapel? Enough is enough. Our homes and our community are worth more than this! Best Regards, Michele Dacus 2~3 Caspian Lane Amy Shelley Subject: FW: Feragne From: Lisa Kenney Sent: Thursday, March 29, 2012 8:43 AM To: Amy Shelley Subject: Fwd: Feragne Hello Ms. Shelley: I also reside in the Cascades neighborhood and agree with the views expressed in Ms. Dacus' letter, We have been concerned for some time about the cars at Feragne and did not initially realize they were holding weddings on their premises. Feragne is farther West on John McCain and encroaches even more into the residential areas. They have no business operating a high volume traffic business in this area, the size of their lot is not even designed for the number of people they have been bringing in. If that's the kind of business they want to operate then they need to move to a commercial azea. Please do not grant any variances or change in zoning. Thank you. Lisa Kenney Lisa Ramsden Kenney Attorney at Law 817-994-5322 From: Michele Dacus Date: March 28, 2~12 8:5~:50 PM CDT To: ashelle~y~colleyville_.com Cc: 'Lisa Kenney' 'Peg Demers' 'Diane Subject: Feragne Hello, Hill' 'Sandy McClain' I am a resident of The Cascades, right across from Feragne. Their back area, which is totally visible from John McCain, is constantly an eyesore. They are always building something to accommodate one of their weddings or photo shoots. On weekends, there are cars parked in the grass adjacent to their property, also not something expected of a Colleyville residential neighborhood. These owners are not respectful of the homes around them, have been in violation of zoning laws for years and if you give them an inch, they will take a mile. It's bad enough we have the mobile home park, the car dealership and an industrial strip center on John McCain. Now we're going to add a high traffic wedding chapel? Enough is enough. Our homes and our community are worth more than this! Best Regards, Michele Dacus 2003 Caspian Lane Amy Shelley Subject: FW: proposed zoning change From: Louise Rosenfeld Sent: Friday, March 30, 2012 4:13 PM To: Amy Shelley Subject: proposed zoning change Ms. Shelley, I am strongly opposed to the zoriing change requested by Terry Ferange, 1701 John McCain Road, Case #ZC12-011, The entrance to our subdivision, The Cascades of Timarron, is almost directly across the road from this property, and I believe our property values would suffer if this change were approved. There have already been complaints about noise and trafiFic; and if the owner were permitted to use this property as a wedding hall, those problems could only get worse. 1 was very disappointed in City Council when it did not senre the interest of homeowners recently regarding the other zoning change on John McCain Road at the car dealership. I sincerely hope Council will not let homeowners down again on this case. Louise H. Rosenfeld Loi~ise Rosenfeld 7215 Brooke Drive Colleyville, TX 76034 817-310-5818 ~ Amy Shelley Subject: FW: proposed zoning change request at 1701 John McCain From: J.C. & Vicky Bartolomei ~~t: Friday, March 30, 2012 7:15 PM To; Amy Shelley Subject: proposed zoning change request at 1701 John McCain We are residents of Timarron Cascades and thus wil{ be affected by a zoning change requested by Feragne Photography to permit wedding celebrations at the subject property, which is directly opposite the main entrance to oiar subdivision. "fhe changes would result in increased noise levels, traffic going in and out opposite an already difficult exit route for us residents, and strangers weaving through our community. For those reasons, and other intangibles that would further make this a less than desirable community, _we oppose the chanc~e. It's time that the city of Colleyville support its RESIDENTS against businesses that blatently violate zoning restrictions, and, when caught, reqiaest changes to continue with the illegal conduct. Cascades is the only portion of Timarron within Colleyville city limits. Even though we are the newest, we are already at a disadvantage with respect to our counterpart Timarron communities when it comes to property values (or more accurately declining values). Don't make it any worse than it is by allowii,g these changes. Thank you, Victoria and Juan C. Bartolomei April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76Q34 Zoning Case Number: ZC12-Oll Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impatt it will have on our life style and property value, Potential buyers wfll be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. Current operations have created: • Exposure to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased trafFic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.J in front of the Feragne faci I ity. Please vote "No" to any changes in zoning. Sinc rely ~~ Gene and Sue Drautz 70Q6 Primrose Lane Colleyville, TX 76034 April 1, 20z2 Community Development Department City of Colley-rille 100 Main Street Colley-rille TX 76Q34 Zoning Case Number: ZCZ2-Q11 Applicant: Terry Feragne Location: 17Q1 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particuiarly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-O11 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. ,~ f .v~~~~ !~J l 7/ 3 t~il~ ~~ ~~~~~ ~ ~...-~ ~,~ _ April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne faciiity. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. /~ ,~ ~~ ~ ~C~,4~~~ C~.~ ( ~,~ik-~" r ~ ~ 5 ~ [ ~r ~ n~ ~~~~ ~-~~~ ~ l~ ~. ~ ~ ~.~~~~ ~ ~~~~ T~ _ ~ r~~~~ ~ ~_ __.~ __ :,~~~ ~~~--~~.~ ~ April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. ~ n i F%~ ^ / ~! ~.,~ ~ • ' ~CL 9L G~ G~~~ !~~ ~G~ "`~.. ~ ,~ ..-~ ,,~ ~~ ~~ ~v d Zl~-c~~"~' ,r'~ ~'~,,•~`' J ~ ~~'~-~ ~ ~/~ i~~ ~~%~' ' April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of urireasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter {beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighbo,,r~ad. /`~' n , ~~ ~ Ge-~y~~~c"~ J ~~ ~~~ ~ ~~ ~ ~~ April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant; Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced ioning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. j~.~~_`_"-~ ~ ~~~ ~G/3 ~-r:., /~~~ ~o9sz-~ v. r~,.~ April 1, 2D12 Community Development Department City of Colleyville i~~ Main Street Colleyville TX 76Q34 Zoning Case Number: ZC12-Q11 Applicant: Terry Feragne Location: 17D1 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. P~tential buyers will be negatively influenced by the expectation of weekly loud parties ~~jacent to our neighborhood. ~~ . ~ ~ ~ ~ .~ ~~ ~ 1 ~ ~ ? ~.e~.~- "~, ~~ ~~~~ ~~~~~ C April 1, 2012 Community Development ~epartment City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. Increased traffic and the probability of impaired drivers on our streets. Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent t ur neighborhood. ~ ; ~ -- ~ ~ ~ ~.~z ~Z6 ~ ~ 6z~ ~ ~~~~.~. ~ ~~ 1 April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-~11 Applicant: Terry Feragne Location: 17~1 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter {beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. ~ ~..~__ ~ 0~2_ ~~ lri'r (~~S r ~~ . ~ April 1, 2012 Community Development Department City of CQlleyviile 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 17011ohn McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. ~,r~L~K~~~~- ~~~~ Q 7 o Z ~ ~~~ ~ f~-~ ~ ~ ~.~-~ ~~' April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location; 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter ~beer cans, napkins, etc.) in front of the Feragne facility. Potential huyers will be negatively influenced hy the expectation of weekly loud parties adjacent to our neighborhood. r~^~,~-u..~W~,,,-," ~ ~~ I ~f i nC,e ~ ~_~"` '~ ~' ` C~ ~ `n ~c r~ X ~ ~o ~ 3 ~ April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. ~ Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. April 1, 2012 ~ .r Community Development Department City of Colleyville 100 Main 5treet Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. ,~~'~, ~~~`' - ~~G~''r ~~~~ ~ S~ ~~~ C~~- lle ~ ~,/~.~ I ~ ~~~ ~~ l ~'~ ~~ 32~~- ~~~~' April 1, 2012 Community ~evelopment ~epartment City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have: ~ Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. ~ ____....~ ~~ ~,... ..~.~..~..~-~.-.-- 1,~, o-c~r~~o~~ e.r 1 ~ o~, ~;~~r-1: ~a~~Z~~~~L~. La`~e~v'~~`e ~ x ~~~~~-I April 1, 2Q1~ Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-~11 Applicant: Terry Feragne Locat~on; 17~1 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have; • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. '~,~ ,~~,,,, .. G~~'~~ `lo l' T`~t e o~,1~ rn.a.-_c~.s~, C~ /~e~ ~~ f~~ /x 7~ o3f April 1, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have; • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the probability o~F impaired drivers on our streets. . Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility~ Potential buyers will be negatively influenced by the expectation of weekly loud parties ~ ~ ~ ~ ~~ a .~~'~~-a---d~ '-' ~ '~~~ _ 7~ .~~' -~ y We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operations have; • Exposed our home to hours of unreasonable noise levels, particularly on evenings and weekends. • Increa5ed traffic and the probability of impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers wili be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. Also the CofleyvilPe City Counc+f recentRy modified a Special Use Permit pertaining to A& L Imports, Inc; a used car facifity on John McCain Road, 5o that the very issues which we opposed (outside auto sale5) at t~e original Counci! Meetings were nullified. T~e outside auto saies were specifically exempt from the original wording of the Special Use Permit. My point is that Special Use Permits have no u5e near residentia[ areas since they are not necessarily permanent. J ~ .., .~~~~-~,,~ }~.~':k.~L~ r •jr ~ ~' ' ~ Robert and Cecelia Boone 7~19 Rosebrook Colfeyville, TX 76034 ~ ~ ~ ~ ~ C ~ O O J •L ~ Q ~ ir - 1 , ..~~F~~;~ j ~ ~ ~,~ f •~~ ~1 I ~ 1 ~~, ~ . ~: r ` ~ - ~ ~~~~~ ~ - ;~ - -- ~ ~ ~ :~'; . ^~ ~ ~~ ~~'~ ,~,3 ~ :~ _~~ '~ ; , ~~ ~ 4~~. ~ ~ ~~ ~ , 1 ~ ~.~ ~ _-'~:~ ~~ ~ " - ~ .~ ~ ~'. i - ~r- ~ i ~ ~'.. ~, ~ ~. , ~ " ~+ ` ~ .` ., ~ ~ ~• ' ~ ~ ,_ ,; ~~r_: : ~ st ~ ~~~'' '~~' ~ ~:~t° 'r _ ~ ~ i~,~' _ .~ ~r' Y`'f~y~~~ r . ~ ` ~~i#~,~~ p ~r` y, ~ " ' ~~ •R„1~~1 .. i ~. T " 1.~ 1~"~ i ~+` ,~ ;'Y ~ e ° .f ..~ ~ s r~~ ~ ! 4, ~ ~~,.~~~.. ~ rr.~` ~- ' ~ i ~ `! ~~ a - ~ ~` ~~i~F - '~ _ .~ ~~`4;, ~,::jA'_. - . °r. ~ ~ ..~ ~ ~ r ~ '~ "~t~~,' ~ ~ _ ' ~,, . ..,i"~ '' _ ~ i, . , ~ r t~ ~• ~. .` .r% .y' ~y~~~ J , ~ ~~ ` ~%~~~~'~s' ~ ~ ~ ~ ~~' ~ ~ i~i L ~. P 1 Website Information ~~ . , r http:~~weddingsincolleyville.comfDFW_Wedding_Room.php File Edit View Favorites Tools Help ~r.Convert - 'r.5ele~t ''~.5' ~r _, ;_ I- I{. 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The Fer9gntl H9nquet Ctintar~HerBffardRBleelegance. feNturing Fnedining 8t it9 tir~t~ cumhined with prufe59iun91s friendly9~rvi~r~~ Our L-<perienced staff899uree warry-fr~ee~rent~ '~~ .. Liv~: ~earch j ~~.JI ` f,!n ' . ^ Page - Tools - .~- http:ffweddingsinmlleyville.~omfIndoor_Wedding.html +'~ .. ii~n_SearcY~ ~~ ~ File Edit View Favorites Tools Help r Convert ~ "'~- Sele~t ~ ~r~ _;; ; ~ - 1 ~ SuiteOne Media - SuiteViewp ~ ~ ~ - 1~ _ '~.,.i,t ° > Page - Tools - ~.. U~ lV IE~ ~L[~]l ~eddi~ ~ mu~ft~-C }~a 4-ari e 1-~ a~ rs-_~sIC tabl~ tutev s 5~zaokers ~atia nitt: t~s-~~kEe~i~lit~-cri st~ tab~e decaLati~ias Gct ua:fuiec? at the Fer~~~~ iu tl~c center o~ DF1~'. Cescn?c~u ~~anl~ or ~•ec~ ~n2 ~:-itt: reeepton kall 3.t F~ra?n e r~~ ~i4 r•orls ~-atl~ resL to n~ake r. ~ur e~rearr3 ~,•eddira~ cereinonz- coir.e tnae aii~pr~~-ide p~rtrasts to last 3~iPetime. Get inars3c~ and 6c~re th ~ stress to us' . 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S1'ed~iu~, ~pec~~l ~rents ar re.eepti~t~ I~afL L~t us ~ire ~ou ~ t~ur~ 51 %~9? ~-~4~~ i Pie~~e c~an'[ h~ 4~ir~sse~ if ~ real peis~rz a~s~-~rs tliz ~~oL~e! j` - ~ i - L~~ - •_ ~ Page - Tools - ilahe roz~.g c~e~~~~c~din~ a realits~f .~ ~erague ~ ~c~~i:n.~ C~i.~p~l DF~~ ~' e~ue iics.c3'_dip~~~ha.__-iu~~_ _ __..'~~Y~v.cc:ti_r?_ir.~,F'v~.=c3'cK,i~-uefai~_o~"•z,liaL~uy~s'.r.e.-":. ~ Site Plan ~ ~~ ~ , . ~. .- ~ c . :. e ~_s ~~ FL1T1Jf2E R~33p~N?IAL r ~'~r F ;" ~ ~ , fi ~ ,~ . . , ; . r _ C ~P~; ~` .. . , . > . sr.c ~E.~~ ~.-.. M.a •. . .. - , , . ~~~ . .. , . i~s. r . • !. „~.. rqf~~. -.`.. ~ ~ ' s ~5]r.,~. .~GC ~F . . . • . ,~ '~+, + J,! ~ _.ir_~ ~ , , 'r- 7~~_~ z ~ i''[ ~ ~~~ `~--,'' -~ r, .,,. r, _ ~ . ~%'s. _. . ~. { . .. ._ `•f Sr ~1 f , ~ ~ ., ~ _ .~`~ , ~--- ~~ OF~ICE!U11a1~f-1CU~E ~ ~ - ~ ` ., .. 4 . ~' ~ ,n W ~~ 'WlTUi2C i~51p~NTIAL .' ' ~ ~ ~~ ~, .. . ,. ' ~ ~ ~ ~ , . . ..~ n~c r ~ ~ . ... . ~:•_~-~~ . :_I'. 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I r,~ , :::~~; ~~ ~ b;~, : ,~~d ; ~ ~ .~ ~ ~~0 ~ ~~ ~ ~ ~ ~~ '~~ ~I ~' ~„! ~ qy~ ~ . ~ tl _ w{~ . . , ~{ 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 1.0 ACRES ON LOT 1, BLOCK 1, OF THE CHANDLER ADDITION FROM THE ML-LIGHT MANUFACTURING ZONING DISTRICT TO THE CC1-VILLAGE RETAIL ZONING DISTRICT WITH A SPECIAL USE PERMIT FOR A WEDDING CHAPEL; 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 a rezoning request under Case No. ZC12-011; 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 Ordinance 0-12-XXXX Page 2 of 4 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.0 acres on Lot 1, Block 1, of the Chandler Addition from the ML-Light Manufacturing zoning district to the CC1-Villge Retail zoning district with a special use permit for a wedding chapel, as depicted on Exhibits '~A" and ~~B". Sec. 3. THAT the above described tract of land shown on Exhibit ~~A" 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. This special use permit shall apply to the wedding chapel use. b. The wedding chapel shall be limited to 125 guests. c. 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 Ordinance 0-12-XXXX Page 3 of 4 Certificate of Occupancy. 2. PARKING a. The subject property shall contain a total of 42 parking spaces. b. All requirements of the Land Development Code shall be met, except where amended herein. c. All requirements of the Colleyville Code of Ordinances shall be met. 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 15t day of May 2012. Ordinance 0-12-XXXX Page4of4 The second reading and public hearing being conducted on the 15t" day of May 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this 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 ~ II ~~~~ ~ ~~~~ ~~~ ~~~ ~~~ ~~~~ ~~~a~ ~~~ ~~~ ~~~1 8 ~ _ ~ ~~L ~r ~ , ~- . , ~17 ~} ~ ~ , ~1;~ ~ ~ .~~s~aa ~9~~~~~~n ~~a~~i ~-~ - ~~~ ~ ~~~ ~ 7{~~ ~~ I 1 r ~1 ~1~~1 51 ~ ~ Y.f af +~~ .. . i ~i .• f . . I r ~ y ~ ~~~~ ~~~ ' ~~~~ ~~. ~ ~ ~~,~~ ~Y+~ -~. 1 ~i/~kA C:.iT_ ~~ ~~SF~ -~~ ~ ~d~i~ ?{~1 ~0~~ ~ ~ ~~ ~ ~ ~~} 1 ~ 7~(~~D~ ~00 ~ r ,. ~ ~~ ~ ~ _ " '~, _ ~~`1'~ 7~0~ , ~x ~ ~ "_,~ ~ ~ ~ , . -``~ ~ ~'~~ - ~'~~~' - ~ ~ ~~.r.-` ~~+'~ ~F l ~,. ~ S. ~ •.~e _ ~. ~ ~ ~ ~y~~~ ~f- ~ ~ ~ ~ ~ ~ ~ , ~ ~ ~~ ~ ~ ~~~ ~ `ti ~~ ~ ~ :. ~~ .- 5 ~, ~, ~ _ - ~.~_~~ ,~ ,~. ~, . A - ~: ~ ~ ~ ti ~ ~ ° `~~~- ~ ~' ~ r ' ~ ~ ~ ~ ~~ ~~~ ._ .. ~ ~r ~~ ~ 1 i ~ ~ ~ _ ~ ~~ r~~ - ~i ~ x EXHIBIT ~~B" - Site Plan I.- ~ ~ . . ~ , ~ , ~ ~' -•.' ~ -~e~ `~ FUTU42E 1~51DENTIlsL r t ~( s , .. • f ] . ~~ ~: ' ~ .~4 { H' [' . .. .. . .. . rL` F..~=~ ~ ti \ ~., r. . -~' . . ~ . ~ . , , • - ~ " ° ~ A' ~. r . ~ , e . , ~ . ~ .,r,c~ •~ ;z ~.c_ - ---- , _ ~ . ,~~ _...w<:c:g~-~w~..~ ,,,,. . ~ . . : . . • ~ ' ~' ~ , . ' "` e€-e:u , ~~ ' ~ . r .. ,]~. 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