HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/23/2012C.t~ ~ ~F
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COLLEY'~JILLE
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City of Colleyville
Planning and Zoning
Commission
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, April 23, 2012 City Council Chambers
PRE COMMISSION MEETING
6:15 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING
MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON
DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST
AGENDA ITEMS
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551,
Subchapter D, Section 661.071 - Legal - Consultation with attorney on legal
issues raised by public hearing or action items on the agenda
7:00 p.m. - REGULAR MEETING
CALL TO ORDER AND ROLL
INVOCATION: Commissioner Knox
PLEDGE OF ALLEGIANCE
1. APPROVAL OF MINUTES
April 9, 2012
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
3. PUBLIC HEARING AGENDA ITEMS
3a Request for a Special Use Permit for on-premise consumption of alcoholic
beverages on Lot 1R1R, Block 1, of the Redding Addition, located at 710
Glade Road, Case ZC12-010
Planning and Zoning Commission Agenda April 23, 2012
3b 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 20, 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-,~; City of Colleyville City Hall
CC.7LLEYVILLE Planning and Zoning 100 Main Street
Colleyville, Texas 76034
Commission 817.503.1000
r `~ ` '~ ~ www.colleyville.com
Minutes
Monday, April 9, 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 April 9, 2012 at 7:00 p.m.
Roll Call
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Ron Rotthaus,
Don Davis, David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Amy Shelley, Marty Wieder and Rob McKeown
Invocation
The invocation was given by Commissioner Rotthaus.
1. APPROVAL OF MINUTES
Commissioner Rotthaus moved to approve the March 12 and March 26,
2012 meeting minutes with grammar corrections. Commissioner Davis
seconded.
The motion to approve carried with the following vote:
Aye: 7- Knox, Dudziak, Wheelwright, Rotthaus, Davis, Phelps 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 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
Ron Ruthven presented the case and briefed the Commissioners.
City of Colleyville Page 1
Planning and Zoning Commission Agenda April 9, 2012
Commissioner Byerly opened the public hearing at 7:10 p.m.
John Margotta, with Baird, Hampton and Brown, Grapevine, came forward to
present the case and brief the Commissioners.
There being no one wishing to speak, the public hearing was closed at 7:11
p.m.
Commissioner Phelps moved to approve case PC12-002.
Commissioner Wheelwright seconded.
The motion to approve carried with the following vote:
Aye: 7- Knox, Dudziak, Wheelwright, Rotthaus, Davis, Phelps and Byerly
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
Commissioner Byerly moved to continue this item to the April 23,
2012 meeting. Commissioner Davis seconded.
The motion to approve carried with the following vote:
Aye: 7- Knox, Dudziak, Wheelwright, Rotthaus, Davis, Phelps and Byerly
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
Commissioner Byerly moved to continue this item to the April 23,
2012 meeting. Commissioner Rotthaus seconded.
The motion to approve carried with the following vote:
Aye: 7- Knox, Dudziak, Wheelwright, Rotthaus, Davis, Phelps and Byerly
Commissioner Dudziak thanked those who were in attendance at the meeting
and stated that they are welcome to come back to the April 23, 2012
meeting.
4. ADJOURNMENT
The meeting adjourned at 7:15 p.m.
~ City of Colleyville Page 2
Planning and Zoning Commission Agenda April 9, 2012
Minutes were written and prepared by:
~ ~
Amy Shelley
Community Development Coordinator
~ City of Colleyville Page 3
G t T Y ~ F
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CC}LLEYVILLE
1' F `{ A S
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3a Agenda Date 04/23/2012 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Request for a Special Use Permit for on-premise consumption of alcoholic beverages on
Lot 1R1R, Block 1, of the Redding Addition, located at 710 Glade Road, Case ZC12-010
Explanation
Upda te
At the April 9, 2012 meeting, the applicant submitted a request to table or continue
their item to the April 23, 2012 meeting. Since this application was submitted, the
applicant has amended the plat to dissolve the lot lines between all three parcels to
create a single lot. The area for which the Special Use Permit will encompass
increased, therefore staff had to readvertise the request.
Staff has amended the hours of operation section at the applicant's request and they
are as follows:
O/d Mayor's House Fine Dining:
Sunday - Tuesday: Closed
Wednesday - Thursday: 5:00 p.m. to 9:00 p.m.
Friday - Saturday: 5:00 p.m. to 10:00 p.m.
O/d Mayor's House Bar & Food:
Monday - Thursday: 3:00 p.m. to 10:00 p.m.
Friday - Saturday: 3:00 p.m. to 12:00 a.m.
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
Planning and Zoning Commission Agenda Briefing 3a
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.
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
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.
Planning and Zoning Commission Agenda Briefing 3a
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 Fine Dining and Old Mayor's House
Bar & Food" .
c. This Special Use Permit shall automaticall
business, change in the use, a change in
termination of the Certificate of Occupancy.
y expire upon the abandonment of the
ownership or upon the expiration or
2. Hours of Operation
a. The hours of operation shall be as follows:
O/d Mayor's House Fine Dining:
Sunday - Tuesday: Closed
Wednesday - Thursday: 5:00 p.m. to 9:00 p.m.
Friday - Saturday: 5:00 p.m. to 10:00 p.m.
O/d Mayor's House Bar & Food:
Monday - Thursday: 3:00 p.m. to 10:00 p.m.
Friday - Saturday: 3:00 p.m. to 12:00 a.m.
3. Landscaping
All landscaping and buffering shall meet the minimum requirements of Chapter 4-
Landscaping and Buffering in the Land Development Code prior to the issuance of the
certificate of occupancy.
4. Parking
The subject property shall meet the minimum requirements of the Land Development
Code regarding parking spaces as required for a restaurant use.
Planning and Zoning Commission Agenda Briefing 3a
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
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Notification List
OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDR
Compass Bank P.O. Box 10566 Birmingham AL 35296 004841 Colleyville Blvd
Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005016 Thompson Terr
Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005020 Thompson Terr
Richard Family Limited Partner 5009 Thompson Ter Ste 102 Colleyville TX 76034 005009 Thompson Terr
Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005008 Thompson Terr
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 P.O. 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 P.O. Box 1821 Colleyville TX 76034 001001 Village Park Dr
Glade Rd Capital Llc P.O. Box 1821 Colleyville TX 76034 001005 Village Park Dr
Tutt, T U Jr P.O. 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 Etux Joann 4917 Lal<ewood Dr Colleyville TX 76034 004917 Lal<ewood Dr
Bowden, William Etux Sharon 4928 Lal<ewood Dr Colleyville TX 76034 004928 Lal<ewood Dr
Poslicl<, Martin A Etux Evelyn 4932 Lakewood Dr Colleyville TX 76034 004932 Lakewood Dr
Hendricl<s, Chas Etux Patricia 4918 Lal<ewood Dr Colleyville TX 76034 004918 Lal<ewood Dr
Enochson, Michael Etux Heather 4914 Lal<ewood Dr Colleyville TX 76034 004914 Lal<ewood Dr
Dowdy, Richad C Etux Judy G 4910 Lal<ewood Dr Colleyville TX 76034 004910 Lakewood Dr
Taylor, Virginia W 4936 Lal<ewood Dr Colleyville TX 76034 004936 Lal<ewood Dr
Hawkins, Chris Etux Patricia PO Box 235 Colleyville TX 76034 004944 Lal<ewood Dr
Karegeannes, Harry G Etux 1004 Edgewater Ct Colleyville TX 76034 001004 Edgewater Ct
McMahon, Danial J 1008 Edgewater Ct Colleyville TX 76034 001008 Edgewater Ct
Noorani, Anis Etux Reema 4940 Lakewood Dr Colleyville TX 76034 004940 Lakewood 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
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 - Lakewood Estates 12700 Parl< Ctrl Dr Ste 600 Dallas TX 75251 004925 Lakewood 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 Lal<ewood Dr
Hoa - Lal<ewood Estates 6707 Brentwood Str Rd #110 Fort Worth TX 76034 004922 Lal<ewood 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
Jpmorgan Chase Banl< P.O. Box 2558 Houston TX 77252 005000 Colleyville Blvd
Freed, Mickey PO Box 54833 Hurst TX 76054 005013 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
Windy Pine Place Lp 12815 SE Rivercrest Dr Vancouver WA 98683 005005 Thompson Terr
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 Wed. April 11, 2012 by Amy Shelley.
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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 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
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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 iRiR, 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
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 Lot 1R1R, 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 and The Old Mayor's House Bar & Food".
Ordinance 0-12-XXXX
Page 3 of 4
c. The 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 for The Old Mayor's
House Fine Dining:
Sunday - Tuesday:
Wednesday - Thursday:
Friday - Saturday:
Closed
5:00 p.m. to 9:00 p.m.
5:00 p.m. to 10:00 p.m.
b. The hours of operation shall be as follows for The Old Mayor's
House Bar & Food:
Monday - Thursday
Friday - Saturday:
3:00 p.m. to 10:00 p.m.
3:00 p.m. to 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.
Ordinance 0-12-XXXX
Page4of4
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.
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
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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 eventL~ally open a fine du~ing establishment seiving 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 custon~ers come from not only Colleyville, bL~t as far away as Denton, Highla~~d Park, Flower
Mol~nd, Grapevine and SoL~thlake among others. We have greatly improved the property.
We intend to pl~rsue developn~ent 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 Bar;
• Focus on the overall beautification a~ld improvement of the 26 Con-idor;
• Pursue items that will generate immediate impact a~~d results;
• I~nprove the properry with the intention of mal~ing it a destination site.
The goal of the redevelopment of this properry is to help beautify a historic 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 our citizens as well as bring visitors from the surroundulg communities to
our City.
We envision this as not simply being a destination restai~rant, but a true destination. We will
continue to work to support other commLU~ity businesses as we develop tlus property and ultimately
help make our conui7unity stronger and more iu~ified. This development will be a natL~ral e~tension
and evolL~tion of our bL~siness at Ne~t Wood Fired Bistro & Vino Bar.
Tha~~k you.
Ying and Tom Aikens
Ne~t Wood Fired Bistro & Vino Bar
5003 Colleyville Blvd.
Colleyville, TX 76034
EXHIBIT ~~C" - Zoning Exhibit
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CC}LLEYVILLE
1' F `{ A S
City of Colleyville
Planning and Zoning
Commission
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3b Agenda Date 04/23/2012 Number
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
Upda te
At the April 9, 2012 meeting, the applicant requested that this item be tabled or
continued to the April 23, 2012 meeting. Staff has included a section to this briefing
outlining uses currently allowed in the ML zoning district. Staff has also received one
letter withrawing their opposition to the request.
The applicant has submitted an additional request to table this item however, given the
current code violation on the subject property, staff recommends no further delay to
consideration of this request.
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
Planning and Zoning Commission Agenda Briefing 3b
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
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.
Planning and Zoning Commission Agenda Briefing 3b
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.
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 meet the minimum requirements of the Land
Development Code regarding parking spaces.
b. All requirements of the Land Development Code shall be met, except where
amended herein.
Planning and Zoning Commission Agenda Briefing 3b
c. All requirements of the Colleyville Code of Ordinances shall be met.
Attachments
1. Applicant's Request to Table
2. Location and Zoning Map
3. Notification List
4. Buffer Map
5. Letters of Opposition
6. Letter Withdrawing Opposition
7. Aerial Looking West
8. Website Information
9. Site Plan
10. Building Elevations
11. Uses Currently Allowed in the ML-Light Manufacturing Zoning District
12. Proposed Ordinance
Applicant's Request to Table
fr+~m; Rita _ _. .. . . M
Sent: Wednesday, April 18, 2012 8:27 PM
Ta: F~on Ruthven
Subject. Re: Statement af Planning Objectives
Hi Ron, T~ank ynu for the statement of planning objectives. V1le will be asking for t~e
meetin~ ne~st week to be "tabled" ag~in
~We have cvntacted the att~rney again to discuss the reasc~ns we were denied the CQ for
a church since it is w~thin our zor~ing. He will be calling you.
~The building is for sales and listed with a camm~rcial real estate agent.
~Two companies that are interested in a~~r building will need the ML zoning, we have been
told ta ~xpect at le~st one bid by the ~nd af th~ week.
~We have subrnitted a 2nd bid on a building in another community. They are requiring a
new survey which they wil{ nat receive until n~xt week.
We have made many st~ps to cc~rnply with c~ur neighbort~aod and the city of Calleyvilfe.
~Taken out our mc~tion lights an the back of the buildin~.
~The new fer~ce, which is a barrier, to reduce noise betw~en Feragne and #he houses that
built their homes within 10 feet have been a huge issue with our neic~hbors. We t~ave
made severai adjustments due to the neighbc~rs complains and think we have complied with
their wishes.
~The patia closes at 1~7:44 PM. Music fevel has been reduced.
~Neighbars wha not allowed to park in #rant of their homes by the hc~meowners associatian
are no longer allowed to park here whi~h allows more spaces far our customers.
Th~nks Rita
~
Location and Zoning Map
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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
Kouzes, 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 Owners Assn Inc 700 Wentwood Dr Southlal<e TX 76092 001708 John McCain Rd
Stroud, Harold Etux Catherine 7001 Primrose Ln Colleyville TX 76034 007001 Primrose Ln
Evans, Steve Etux Kay 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< & S 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 K 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, GaryJ Etux Kerry 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 Creek 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 Creek 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.
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~~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 ~For zoning ehange
W~ live at 730~ Balmoral prive and abj~ct to the propvsed zaning change! This firm has ignored
the current zoning restrictions and just like the car dealership has only requested ~he zoning
cMange 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 oppositian to this change!
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 200 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 Sh~ll~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
Seht: Thursday, March 29, 2012 8:43 AM
To: Amy Shelley
Subjec.t: 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 area. Please do not grant any vanances 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: ashellevCa~collevville.com
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 ~ohn 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 tra~c 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 chant~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
Colleyville 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 dri~ers 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
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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.
~~
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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.
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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
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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.
~''.~~---~-~'' ~ ~./~.'~
7~/3 ~-~;a.. ~~~ ~~~u
v. r~,.~
April 1, 2D12
Community Development Department
City of Colleyville
i~~ Main Street
Colleyville TX 76034
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.
~~
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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. ~
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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.
~
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0~2_ ~~lri'r(~~Sr ~~.
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April 1, 2012
Community Development Department
City of CQlleyville
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.
~,~ L~ 1~ ~ ~' ~~- /~ ~ ~ ~
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 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.
~'~ ~~ 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.
~~`"
~ ____..~
~~ ~,... ..~.~..~..~-.~ l~ o-c~r~~o~~ e.r
1 ~ o~, ~;~~r-1: ~a~tZ~~~~L~.
~o`~e~v'~~`e ~ x ~~u~~
April 1, 2Q12
Community Development Department
City of Colleyville
1~~ 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.
`~,~,~,, ~~..~.,z„f,
G~~~
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~ /fe~, ~~ fl~
f /.x_ 7~ o3~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 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
~ ~ ~ ~ ¢~ o .~'~~-a---d~
'-' ~
-~~-f~ _ 7~a-~
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, so 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.
~ ~
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Robert and Cecelia Boone
7~19 Rosebrook
Colfeyville, TX 76034
Amy Shelley Letter Withdrawing Opposition
Subject: FW: Feregne request for zoning ch~nge
-----4riginal Message-----
Fram: George Dodson
5ent: Wednesday, April li, 2C}12 5:21 AM
To: Amy Shelley
Subject: Re: Feregne request ft~r zc~ning change
Please withdraw our cc~mplaint abaut the zaning change for Feregne.
George & Vannie G-odscrn
7~09 Balmc~ral Dr.
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Website Information
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TerrBntcaunty, Euli?99, ~blle9., R. Wurth. ~elle9, R. Wurth,, F'19nu, ILell~r. ~FW mekruplex, LHrrent~~~unty. 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~
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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.
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i-i ~r ~~-~;r ~>~, ar~ outdraor ~ardEn weddciin~ in RF'~1? G~t married at th~e L,rallas Fort
'Warth wed~lir~~ Venues ~~.arden rn Coll~yville. P~a~i~rful private w~dr~in~
carem~ny at the C1FW's autdr~r wer~din;~, v~n~i~ Indoor wedd in~ cf-~~pel always
available as an o~tiari ~f w~ather doe~s not allow an autdoor ~arcleri w¢cldin~ The
PFW W~d~Iina ~hapel wikh outda~r ~arden v~nu~ m~ollevyille,T~~s,1/4 mile ofif
I~wy 26. F=lannin~ an, ~utclanr w~ddin~ in, C~FW? Ui~Fdoar w~=cl~lrn~ in Cdlleyville?
~utdac~r w~dclin~ in Sauthlake7 G'~itcla~ar wec~din~ Nn Elurst?Clutdaar w~ddin~ in
Kell~r? Uutdcror wPdd i n~ ir4 Irv~n~? ~utdr~~r wed d in~ in Gra~€ vine? The E3FW
Wedr~iri~. in Call~yville is clce~~ tr~ Grapevine,Hur~±, 5r~uthfak~, E~iless, ~dfar~, Keller,
Nnr±h R~l~~c~I~, W~t ~ake; Mr~in~and Ccrp~pell, T~~as.
Wedd~n~ Chapel F~ecept~on Venue ~r~door or C)uts~de Ew~er~ts_
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.~ I6SLll61SEF28.f1C8Pf5~ 8C£i}lf [23~30riE£[4 BCld£E flRd ~'iC0~6II1'e4{"}30 C14L4 tY181-EfYlOllQt1 f0~0IttlRi}lflC R~C.tl.fdllLfRf4F}'~QdO~E
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~ne~-h3-bonlan¢addiriunaln-~ddin~aenzceetliruuehFeea¢ns Ys~.ehax-ex?rEateelerria~nof+.-~dore.xx-kohareearnc-dtheic
place an our pe~eferced rendoe list h; demonacraring fsaiaauc ge~aanance an greriuus. n-eddings. `d'ht addirional aeex-icee. thst
+..-e offec atart at the fallaninp paces:
Phatagr~pli~~ startii~ab at ~$DQ
i,G hours-posed L~ c:~neLd plus engagement ,nd i ar ~ridal ports~t sessiosi'~
Dini~er Optiota ~~8 per persar~
~p~ion 1-Clucl~en p~Enne alY~EdeJemcn zo_~Ernax3- c,luc=~~i, hcr,~ie pa=ta, }s~~Ead & saIad
O~tian 2- b~riskEt,tur.~;er, sausage ecith rout~ chcice 6.t t~kh.eEe ~ egetable~, sa~ll: eS~ saTad
Optic:i :i-Ckv.chcn 1fas:ala, zvlle l ckuc4~en ;s!o rn~a.hxccm:;;~asa~na, rou: cho-icF of cegetabl~s.
Dinner +dgtion $24 per persnn
Sislo~.n~~bsp,~te;~ maxsaia, chic:~en,gaci c mashed patata~s gre~n hzans; salad, k~xead ~ oii
Cake startira~ at ~4,00 per sLice
~] ser~-ices starting ~~t ~400 (~4 hoursj
Videa startit~~ ~t ~400 ~'~ h~urs)
PtYOta Statiar~ star~uig at ~450 ~'? hours~
;include= =Et u~: t+i~l de+an,, ass =itE t~chnicixe~ unlinut~d ~dnt;;
Barter~e~a~r 5er4-ice (:~ hQUrs) S:~~6
I'oLpx~*.id«oux a-;.-n 1co7o1
Pricing sho4~-n on t3is page •z.11 rax~- uased on ~aur e~ act selec~ons; g,~est count, menu
selection; ot3zer optons ~r,•a;lable_ plus the da~ of t~e t:.-eel ~a.nd lengti oi xecegtiorL
Pachages ~~~L~i one ofman~- optons to ~ieetroux~~oto xe.qus~ment ~nd are custoni:zable.
L'~~e c~si tc-or#~ t; :t~in raus ~uc~bet ta ind aptio_ns Lhat c.ill be ~est far-aur spee~al d~~ and
~es, ~ou are-.relcome rto nr;sxgraurocxnea~nesas.
Z~'e Lnake vau~ dreams cair~e triie!
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F'hoto of bride ~~ groorrh, miruste~, t3-~ddin~ ch~pel plus rece~tic~ti ~oazn
~t-it~i tables, chairs & linens.
llon~Ea~--Thursc~a~-~~'e~lcfling S1;?0~-4 ~iours
'~~'e~dirl~ ChapelE~,-it~i ~ri~-ate r~ee.~tic~nroorn
4°our choice of clintier~ startin~ at S1~ per per~on
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Uses Currently Allowed in the ML-Light Manufacturing
Zoning District
•
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Community Centers or Recreation Centers
Government Buildings, office and facilities
Fire stations/ police stations
Golf courses - public owned
Government maintenance facilities
Libraries
Museums
Post office
Parl<s and open space areas
Public schools - elementary and secondary
Public schools - high school
Religious institutions
Trade or business schools
Copy center/print shops
Equipment rental and leasing stores
Hardware, electrical & plumbing with outside display
Pawn shops
Photography studios
Veterinarian dinic with indoor I<ennels
Veterinarian clinic with outdoor kennels
Golf courses - privately owned
Auto alarm/stereo/window tinting stores
Auto lube shops
Auto upholstery shops
Car wash (self service and automatic)
Building material sales with outside storage
Contractor office without storage yard
Electronic assembly or manufacturing
Furniture and cabinet manufacturing
Office showroom
Plumbing, HVAC and electrical trades shops
Printing and publishing- commercial
Research and development labs
Scientific instrument assembly and manufacturing
Upholstery and furniture repair shops
Wood, paper or leather products
Welding or machine shop
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. 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.
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
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