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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-5/14/2012~lT Y (~~. ~ COLLEYVIL~.E T y k q ~ City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 14, 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 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 p.m. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Wheelwright PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES April 23, 2012 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. PUBLIC HEARING AGENDA ITEMS 3a Request for an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code, Case GC12-004 3b Approval of a request for a Special Use Permit for an amusement center (indoors) on Lot 1R1, Block 1, of the Town Center Colleyville Addition located at 5615 Colleyville Boulevard, Suite 100, Case ZC12-013 Planning and Zoning Commission Agenda May 14, 2012 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 May 11, 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 C+C7LLE~Y~JIL~.E Planning and Zoning 100 Main Street Colleyville, Texas 76034 rF ~ ~; Commission 817. 503.1000 www.colleyville.com Minutes Monday, April 23, 2012 City Council Chambers Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D, Sec. 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda City Attorney Cathy Cunningham explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, subchapter D, Section 551.071, Legal. She further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:41 p.m. into executive session and reconvened into open session at 7:00 p.m. Call Meeting to Order The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on April 23, 2012 at 7:04 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 Knox. 1. APPROVAL OF MINUTES Commissioner Knox moved to approve the April 9, 2012 meeting minutes as written. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6- Knox, Dudziak, Wheelwright, Davis, Phelps and Byerly City of Colleyville Page 1 Planning and Zoning Commission Agenda April 23, 2012 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 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:11 p.m. Tom Aikens, applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Aikens regarding outdoor seating or patios. Mr. Aikens explained that they are planning to have outdoor seating and patio areas. Commissioner Davis questioned Mr. Aikens regarding the hours of operation and if they could change. Mr. Aikens replied that he did not know at this point if the hours of operation would change but that they could. Commissioner Davis explained that he has a concern that if those hours do change then the SUP will have to be amended to accommodate those changes. Mr. Aikens stated he would be open to any suggestions that the Commissioners had regarding hours of operation. Commissioner Byerly explained that the Commission could make a recommendation at the time the motion is made to extend or change the hours. There being no one wishing to speak, the public hearing was closed at 7:15 p.m. Commissioner Dudziak questioned staff regarding if the parking requirements would be different once the square footage changes to accommodate the patio areas. Ron Ruthven explained that the patio areas would be used in the square footage calculations for the parking requirements therefore the parking spaces may need to be increased. Commissioner Byerly explained that the ordinance state that the parking ~ City of Colleyville Page 2 Planning and Zoning Commission Agenda April 23, 2012 requirements shall meet the requirements of the Land Development Code. Commissioner Dudziak questioned staff regarding if they would need to amend the ordinance if the square footage is increased. Ron Ruthven stated that the ordinance is not specific to a square footage therefore it would not have to be amended. Commissioner Phelps moved to approve case ZC12-010 with the removal of the specific hours of operation section in the proposed ordinance, Section 4(2). Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6- Knox, Dudziak, Wheelwright, Davis, Phelps and Byerly 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly explained that the applicant's attorney has requested that this item be continued at the May 14, 2012 meeting. He further explained that the public hearing will be opened this evening to allow for people to speak regarding this request. Commissioner Byerly opened the public hearing at 7:23 p.m. There being no one wishing to speak, the public hearing was closed at 7:23 p.m. Commissioner Byerly moved to reopen and continue case ZC12-011 to the May 14, 2012 meeting. Commissioner Davis seconded. The motion to reopen and continue carried with the following vote: Aye: 5- Knox, Dudziak, Wheelwright, Davis and Byerly Nay: 1 - Phelps 4. ADJOURNMENT The meeting adjourned at 7:24 p.m. ~ City of Colleyville Page 3 Planning and Zoning Commission Agenda April 23, 2012 Minutes were written and prepared by: Amy Shelley Community Development Coordinator ~ City of Colleyville Page 4 C t ~ y ~ F ~ CQLLEYVILLE rF ~ ,~r 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 05/14/2012 Number GC12-004 Type Public Hearing Agenda Items Department Community Development Title Request for an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3- Land Use of the Land Development Code, Case GC12-004 Explanation Anita Furlin, on behalf of GOLDMAX, is requesting the addition of a new use that is currently not listed in the Schedule of Permitted Principal Uses, Section 3.24(B) in the Land Development Code. Any use not specifically listed in the Land Development Code is prohibited unless it is added to the Table of Permitted Uses. Section 1.18(B)1 of the Land Development Code states "any person or corporation may petition the City Council for a change or amendment to the provisions of these regulations; or the Planning and Zoning Commission or City Council may, on its own motion, initiate study and proposal for changes or amendments to a zoning regulation in the public interest." Section 3.6 of the Land Development Code further states that the "Planning and Zoning Commission to shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various zoning districts, and determine the zoning district or districts within which such use should be permitted and then shall make recommendations to the City Council." Proposed Use. The applicant is proposing to open a business, GOLDMAX, which includes retail sales of jewelry and precious metals and also includes the purchasing of precious metals including jewelry, gold, silver, and platinum. The Schedule of Permitted Principal Uses does not contain any use related to the purchasing of jewelry or precious metals. Therefore, the applicant is requesting the use of "purchasing of jewelry and precious metals" to be added to the Schedule of Permitted Principal Uses. The applicant submitted a building permit application and a certificate of occupancy application, earlier this year. The applications were denied given the absence of any permitted use of "purchasing of jewelry and precious metals". It should be noted that the use of "purchasing of jewelry and precious metals" is not permitted as either a principal use or an accessory use for the purposes of interpreting the code. The Schedule of Permitted Principal Uses lists land uses that are either allowed by right in each zoning district or land uses that require a Special Use Permit for a particular use. Each land use is delineated with either a"P" for Permitted or an Planning and Zoning Commission Agenda Briefing 3a "S" for the approval of a Special Use Permit in each zoning district. Per Section 3.6 noted above, the Planning & Zoning Commission shall make the determination of the appropriate zoning district and use description and forward their recommendation to the City Council for final approval. Staff proposes that, should the Commission decide to add the use, the following description be added to the Schedule of Permitted Principal Uses: "purchasing and/or resale of precious metals including jewelry, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas" The proposed table layout in the Schedule of Permitted Principal Uses is as follows: Non-Residential Districts Special Land Use Parking Standards Group Land Use Classification CPO CN CC1 CC2 CC3 ML G. RETAIL AND SERVICE USES Purchasing and/or resale of precious metals including jewelry, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas Therefore, per the table above, staff proposes that the approval of a Special Use Permit (SUP) be required in the CC1-Village Retail, CC2-Shopping Center, and CC3- Highway Commercial zoning districts only. The parking group is group seven, which requires a minimum of one parking space per 200 square feet of gross floor area. This is the parking group most typically utilized for general retail uses such the proposed use. Given the proposed language above, upon approval of an SUP, the proposed use of a "purchasing and/or resale of precious metals including jewelry, gold, silver, and platinum" could either be a principle, stand alone use or an accessory use to a business such as a jewelry store. As such, it must meet all requirements for commercial uses as described in the Land Development Code and the building code in addition to conditions and requirements included as part of the approved SUP. Pawn Shop. As the proposed description indicates, the addition of this use does not include pawn shops. Pawn shops are currently permitted in the ML-Light Manufacturing zoning district as a permitted use and require a separate license from the State of Texas, Office of the Consumer Credit Commissioner. Additionally, Section 211.0035 of the Texas Local Government Code states: (b) For the purposes of zoning regulation and determination of zoning district boundaries, the governing body of a municipality shall designate pawnshops that have been licensed to transact Planning and Zoning Commission Agenda Briefing 3a business by the Consumer Credit Commissioner under Chapter 371, Finance Code, as a permitted use in one or more zoning classifications. (c) The governing body of a municipality may not impose a specific use permit requirement or any requirement similar in effect to a specific use permit requirement on a pawnshop that has been licensed to transact business by the Consumer Credit Commissioner under Chapter 371, Finance Code. Therefore, per the State statutes above, cities must allow pawn shops in at least one zoning district with no Special Use Permit requirement. Approving this amendment to the Land Development Code does not constitute approval of an SUP request by GOLDMAX. If this item is approved as proposed, the applicant will then be required to apply for an SUP. It is not anticipated that the proposed changes would impact any existing businesses within Colleyville. To date, there is only one jewelry store, Luxor, located at 33 Main Street, which conducts retail sales only. Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Approve the request as submitted; 2. Approve the request with additional condition(s) or changes; 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Deny the request. Attachments 1. Applicant's Request 2. Proposed Schedule of Permitted Principal Uses 3. Proposed Ordinance Applicant's Request March 30, 2012 GOLDMAX We truly appreciate the opportunity to discuss with you our plans for the new GOIDMAX store that we would like to open in Colleyville, Texas. The Icacation we are interested in opening aur store is located at 5600 Colleyville 61vd. Suite C2 . This wauld be a Gold store, and would like to know if we have permitted use in that zaning district. As a priuately awned, family business, consisting of 20d retail locations natic~nwide (to date, and countingj, it is our number one priarity ta build deep and lasting relationships with the comrnunities we serve. As a part of aur competitive advantage ruithin aur industry, our locations are upscale, classy, and inviting in every way. We go aut af our way to make our custamers feek carnfortable both in entering aur store and throughout the entire process. Goldmax wauld like to t~pen for business in May 2012. Hours of Operation: Standard (non haliday) hours wauld be Monday through Saturday 10AM - 6PM. Store Operations: Our campany, GOLt?MAX (G(J~DMAX ofTexas) is a buyer of precious metals including jeweiry, gold, silver, and platinurn. We are not a pawn shop, and we never give out laans whatsoever. i~ur buying process is sirnple and straight-forward. We look at each piece af jewelry and test it tt~ rnake sure it's goid {or si{ver, platinum). Then, we separate it into different karats (ex-10k, 14k, 18k}. We weigh each karat separately and price it based on the daily published value. If they decide ta sell, we write tMe customer a carporate check an the spot (we do not give cash). The buyers we have employed go thrc~ugh a rigaraus training process as well as a backgraund check and drug test, Goldrnax has emerged as one of the lar~est (if not the single largest} gold buying companies in the Chicagoland area, Sauthern California and several southern states, Signage: Gotdrnax will provide a sample suggestian af store and window signage and are eager to compiy with any criteria or lirnitations established by City Hall, As always, aur goa3 is far aur signage tq be highly visible and to reflect the high class irnage that our comparry puts in all of c~ur stores. All signage will be in accardance with the City of Colleyville sign ordinance. Store lay~ut: Our stores usually range between 800-~,U40 square feet in size and are Ic~ceted in business districts, Our gaa{ is ta create a visually appealing, modern laaking enviranment that will both reflect the image of our company and blend harrnoniously with the first-class reputatian that Colleyville has estahlished, Sincerely, Anita FurNn New Market ~icensing Manager 630.823.3085 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special L d U parking an on se ass ca t7 a w ~ 0 ~ ~ 0 M ~ 0 c~ ~ ~n ~ ~ o ~ LL ~ ~ = ~ O a ~ z ~ r c~ ~ c~ c~ ~ r~ c~ ~ ~ ~ an se Standards or Section Ref. Group A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling p p p p p p S 8 3 Duplex - Attached Dwelling P 8 2 Townhome -Attached Dwellings P 8 4 Multi-family-Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD only 2 ~~ Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities p p p p p p p p 9 5 B. ACCESSORY USES Accessory Building p p p p p p p p p Sec. 3.27 n.a. Carport S S S S S S S S S Sec.3.27.C n.a. Home Occupations Uses p p p p p p p p p 8 n.a. Servants or Caretakers Quarters p P S S S S ~6 ~ C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming p p n.a. Livestock raising and breeding p p 12 n.a. Private horse stables for domestic use p p P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Chapter 3- Land Use Page 3- 2 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca ~ a W ~ 0 d' ~ 0 M ~ 0 N ~ ~n r ~ ~ ~ LL ~ ~ = ~ O d ~ Z ~ ~ U ~ c~ U ~ r~ U ~ J ~ Land Use Standards Group Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities p p p p p p p p p p p p p p p 8 Fire Stations / Police Stations p p p p p p p p p p p p p p p 16 Golf Courses - Public Owned p p p p p p p p p p p p p p p 22 Government Maintenance Facilities p p p p p p p p p p p p p p p 25 Libraries p p p p p p 9 Museums p p p p p p 8 Post office p p p p p p p p p p p p p p p 10 Parks and Open Space Areas p p p p p p p p p p p p p p p 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools - Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools - High School S S S S S S S S S S S S S S S 14 Public Schools - Elementary and Secondary p p p p p p p p p p p p p p p 13 Public Schools - High School p p p p p p p p p p p p p p p ~4 Religious Institutions p p p p p p p p p p p p p p p 18 Chapter 3- Land Use Page 3- 3 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C~ a W ~ 0 ~ ~ 0 M ~ 0 N ~ ~n ~ ~ ~ ~ LL ~ ~ = ~ O d ~ Z ~ ~ U ~ c~ U ~ r~ U ~ J ~ Land Use Standards Group F. OFFICE USES AccountanYs Offices p p p p p 8 Advertising Agencies p p p p p 8 Attorney Offices p p p p p 8 Chiropractic Clinics p p p 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, ArchitecYs, and Surveyor's Offices p p p p P 8 General Business Offices not elsewhere listed p p p p p 8 Insurance Agencies p p p p p 8 Management and Public Relations Services Offices p p p p P 8 Optometrist Office p p p 8 Psychologist Offices p p p p p 8 Physician's or DentisYs Offices p p 5 7 Real Estate Agency Offices p p p p P 8 Security Broker Offices p p p p p 8 Telemarketing Offices p p P 5 Title Abstract Offices p p p p p 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices p p p p P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales - Off-premises Consumption S S S 13 n.a. Alcoholic Beverage Sales - On-premises Consumption S S S 13 n.a. Chapter 3- Land Use Page 3- 4 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C~ a W ~ 0 ~ ~ 0 M ~ 0 N ~ ~n ~ ~ ~ ~ LL ~ ~ = ~ O d ~ Z ~ ~ U ~ c~ U ~ r~ U ~ J ~ Land Use Standards Group Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores p p 7 Apparel and Accessory Stores p p 7 Arts and Crafts Stores and Hobby Shops p p 7 Bakery Stores p p 7 Banks, Credit Unions and Financial Institutions p p p 8 Barber Shops, Beauty Shops and Day Spas p p P 10 7 Bicycle Shops p p 7 Book, Stationary or Greeting Card Shops p p p 7 Camera or Music Stores p p 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P ~ Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P ~ Dance Studios and Martial Arts Studios S S P P ~ Day Care Centers S S S S S 17 11 Department Stores p p 7 Dry Cleaner Pick-up Stations S P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) p p 7 Equipment Rental and Leasing Stores $ p 7 Florist Shops p p p 7 Chapter 3- Land Use Page 3- 5 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C~ a W ~ 0 ~ ~ 0 M ~ 0 N ~ ~n ~ ~ ~ ~ LL ~ ~ = ~ O d ~ Z ~ ~ U ~ c~ U ~ r~ U ~ J ~ Land Use Standards Group Food Catering p p 8 Funeral Homes S S S 24 Furniture and Appliance Stores p p P 9 Grocery Stores p p 18 7 Hardware, electrical & plumbing w/o outside display p p p p Hardware , electrical & plumbing with outside display $ p p Hospitals S S S 24 Hotels and Motels p p 19 Interior Decoration Stores p p p p 7 Jewelry Stores p p p 7 Locksmiths S S P P $ Mailing and Shipping Stores p p p p 7 Meat or Fish Market p p P 7 Nurseries and Greenhouses with outside display S P P 16 Pawn Shops P 7 Pet Stores p p 7 Pharmacy $ p p p 7 Photography Studios p p p p p p 8 Purchasing and/or resale of precious metals including jewelry, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas S S S 7 Restaurants, Cafes and Cafeterias p p P 5 Restaurants with drive-in or drive-thru service p p 5 Second hand goods shop S S S 7 Chapter 3- Land Use Page 3- 6 Colleyville, Texas, Land Development Code Self-service Laundries S S S S 7 Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca ~ a W ~ 0 ~ ~ 0 M ~ 0 N ~ ~n ~ ~ 0 ~ ~ ~ ~ = ~ O d ~ Z ~ ~ U ~ N U ~ M U ~ J ~ Land Use Standards Group Shoe Repair Shops p p p p 8 Tailor and Alteration Shops p p p p 8 Veterinarian Clinic with indoor kennels p p p 4 8 Veterinarian Clinic with outdoor kennels $ p p 8 Video Rental and Sales Stores p p p 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code o f Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers p p p 7 Golf Courses - Privately Owned p p p p p p 22 Golf Driving Ranges p p 22 Miniature Golf Courses p p 20 Roller or Ice Skating Rinks S S 24 Theaters p p 7 18 1. AUTOMOTIVE AND TRANSPORTATION USES $ $ 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores p p P 13 7 Auto Lube Shops S P P 13 9 Chapter 3- Land Use Page 3- 7 Colleyville, Texas, Land Development Code Automotive and Motor Vehicle Sales S S S 13 8 Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca ~ a W ~ 0 ~ ~ 0 M ~ 0 N ~ ~n ~ ~ 0 ~ ~ ~ ~ = ~ O d ~ Z ~ ~ U ~ N U ~ M U ~ J ~ Land Use Standards Group Auto Parts and Accessory Stores p p P 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops p p 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERGAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Chapter 3- Land Use Page 3- 8 Colleyville, Texas, Land Development Code Building Material Sales with outside storage $ p 7 Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca ~ a W ~ 0 ~ ~ 0 M ~ 0 N ~ ~n ~ ~ 0 ~ ~ ~ ~ = ~ O d ~ Z ~ ~ U ~ N U ~ M U ~ J ~ Land Use Standards Group Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard p p 8 Electronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing P 25 Manufacturing not elsewhere listed S 24 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops p p 8 Printing and Publishing - Commercial P 8 Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops p p 8 Warehouse and Distribution Facilities S 24 Welding or Machine Shop P 25 Wood, Paper or Leather Products P 25 Chapter 3- Land Use Page 3- 9 ORDINANCE 0-12-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 - SCHEDULE OF PERMITTED USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR IN]UNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 on January 16, 2007, by enacting Ordinance 0-07-1607 relating to Chapter 3 Land Use, Section 3.24 - Schedule of Permitted Uses, and Section 3.Z9 - Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07- 1607 on September 4, 2007, by enacting Ordinance 0-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.Z0, 3.Z1, 3.2Z and 3.Z4 - Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07- 1607 on September 4, 2007, by enacting Ordinance 0-08-1656 relating to Chapter 3 Land Use, Section 3.Z4 - Schedule of Permitted Uses of the Land Development Code; 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 by amending the Schedule of Permitted Uses; 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 Ordinance 0-12-xxxx Page 2 of 4 districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in 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 Chapter 3 Land Use, SECTION 3.24 - SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit ~~A„ Sec. 3. THAT Ordinance 0-00-1214, 0-07-1607, 0-07-1633, and 0-08- 1656 of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Ordinance 0-12-xxxx Page 3 of 4 Sec.4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec.7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5t" day of June 2012. The second reading and public hearing being conducted on the 19th day of June 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 Ordinance 0-12-xxxx Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Colleyville, 7exas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special L d U parking an on se ass ca c9 Q w ~ 0 ~ ~ 0 M ~ o c•, ~ u~ ~ ~ o ~ LL ~ ~ = ~ O a c~ z U ~ c~ U c~ c~ c~ ch c~ c~ ~ ~ an se Standards or Section Ref. Group A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling p p p p p p S 8 3 Duplex - Attached Dwelling p 8 2 Townhome-Attached Dwellings p 8 4 Multi-family-Attached Dwellings p 8 4 HUD Code Manufactured Housing p 8 2 Assisted Living Facilities PUD Ollly 2 ~~ Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities p p p p p p p p 9 5 B. ACCESSORY USES Accessory Building p p p p p p p p p Sec. 3.27 n.a. Carport S S S S S S S S S Sec.3.27.C n.a. Home Occupations Uses p p p p p p p p p 8 n.a. Servants or Caretakers Quarters p P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school p $ 17 25 Crop Farming p p n.a. Livestock raising and breeding p p 12 n.a. Private horse stables for domestic use p p p S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Chapter 3- Land Use Page 3- 2 Exhibit "A" Colleyville, 7exas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca c9 Q w ~ ~ ~ c°h ~ c°•, ~ ~ ~ o ~ ~ ~ = ~ a U z U c~ c~ v U v c~ ~ ~ Land Use Standards Group Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities p p p p p p p p p p p p p p p 8 Fire Stations / Police Stations p p p p p p p p p p p p p p p 16 Golf Courses - Public Owned p p p p p p p p p p p p p p p 22 Government Maintenance Facilities p p p p p p p p p p p p p p p 25 Libraries p p p p p p 9 Museums p p p p p p 8 Post Office p p p p p p p p p p p p p p p 10 Parks and Open Space Areas p p p p p p p p p p p p p p p 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools - Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools - High School S S S S S S S S S S S S S S S 14 Public Schools - Elementary and Secondary p p p p p p p p p p p p p p p 13 Public Schools - High School p p p p p p p p p p p p p p p ~4 Religious Institutions p p p p p p p p p p p p p p p 18 Chapter 3- Land Use Page 3- 3 Exhibit "A" Colleyville, 7exas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C9 Q w ~ °~ ~ r°~ ~ c°•~ ~ ~ ~ o ~ ~ ~ = ~ a U z U c~ U v U v U ~ ~ Land Use Standards Group F. OFFICE USES AccountanYs Offices p p p p p 8 Advertising Agencies p p p p p 8 Attorney Offices p p p p p 8 Chiropractic Clinics p p p 8 Emergency Clinic (24 hrs.) S p p 10 6 Engineering, ArchitecYs, and Surveyor's Offices p p p p p 8 General Business Offices not elsewhere listed p p p p p 8 Insurance Agencies p p p p p 8 Management and Public Relations Services Offices p p p p p 8 Optometrist Office p p p 8 Psychologist Offices p p p p p 8 Physician's or DentisYs Offices p p 5 7 Real Estate Agency Offices p p p p p 8 Security Broker Offices p p p p p 8 Telemarketing Offices p p p 5 Title Abstract Offices p p p p p 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices p p p p p 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales - Off-premises Consumption S S S 13 n.a. Alcoholic Beverage Sales - On-premises Consumption S S S 13 n.a. Chapter 3- Land Use Page 3- 4 Exhibit "A" Colleyville, 7exas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C9 Q w ~ °~ ~ r°~ ~ c°•~ ~ ~ ~ o ~ ~ ~ = ~ a U z U c~ U v U v U ~ ~ Land Use Standards Group Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores p p 7 Apparel and Accessory Stores p p 7 Arts and Crafts Stores and Hobby Shops p p 7 Bakery Stores p p 7 Banks, Credit Unions and Financial Institutions p p p 8 Barber Shops, Beauty Shops and Day Spas p p p 10 7 Bicycle Shops p p 7 Book, Stationary or Greeting Card Shops p p p 7 Camera or Music Stores p p 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P ~ Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P ~ Dance Studios and Martial Arts Studios S S P P ~ Day Care Centers S S S S S 17 11 Department Stores p p 7 Dry Cleaner Pick-up Stations S p p 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) p p 7 Equipment Rental and Leasing Stores $ p 7 Florist Shops p p p ~ Chapter 3- Land Use Page 3- 5 Exhibit "A" Colleyville, 7exas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C9 Q w ~ °~ ~ r°~ ~ c°•~ ~ ~ ~ o ~ ~ ~ = ~ a U z U c~ U v U v U ~ ~ Land Use Standards Group Food Catering p p 8 Funeral Homes S S S 24 Furniture and Appliance Stores p p p 9 Grocery Stores p p 18 7 Hardware, electrical & plumbing w/o outside display p p p p Hardware , electrical & plumbing with outside display S p p Hospitals S S S 24 Hotels and Motels p p 19 Interior Decoration Stores p p p p 7 Jewelry Stores p p p 7 Locksmiths S S P P $ Mailing and Shipping Stores p p p p 7 Meat or Fish Market p p p 7 Nurseries and Greenhouses with outside display $ p p 16 Pawn Shops p 7 Pet Stores p p 7 Pharmacy $ p p p 7 Photography Studios p p p p p p 8 Purchasing and/or resale of precious metals including jewelry, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas S S S 7 Restaurants, Cafes and Cafeterias p p p 5 Restaurants with drive-in or drive-thru service p p 5 Second hand goods shop S S S 7 Chapter 3- Land Use Page 3- 6 Exhibit "A" Colleyville, 7exas, Land Development Code Self-service Laundries S S S S 7 Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C9 Q w ~ °~ ~ r°~ ~ c°•~ ~ ~ ~ o ~ ~ ~ = ~ a U z U c~ U v U v U ~ ~ Land Use Standards Group Shoe Repair Shops p p p p 8 Tailor and Alteration Shops p p p p 8 Veterinarian Clinic with indoor kennels p p p 4 8 Veterinarian Clinic with outdoor kennels $ p p 8 Video Rental and Sales Stores p p p 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code o f Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers p p p 7 Golf Courses - Privately Owned p p p p p p 22 Golf Driving Ranges p p 22 Miniature Golf Courses p p 20 Roller or Ice Skating Rinks S S 24 Theaters p p 7 18 1. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores p p p 13 7 Auto Lube Shops S p p 13 9 Chapter 3- Land Use Page 3- 7 Exhibit "A" Colleyville, 7exas, Land Development Code Automotive and Motor Vehicle Sales S S S 13 8 Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C9 Q w ~ °~ ~ c°h ~ c°•~ ~ ~ ~ o ~ ~ ~ = ~ a U z U c~ U v U v U ~ ~ Land Use Standards Group Auto Parts and Accessory Stores p p p 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops p p 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) $ p 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations $ $ 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops $ $ 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service $ $ 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service $ $ 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAW COMMERCIAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Chapter 3- Land Use Page 3- 8 Exhibit "A" Colleyville, 7exas, Land Development Code Building Material Sales with outside storage S p 7 Table 3.24.B- - Schedule of Permitted Principal Uses L Cl ifi ti d U Residential District Non-Residential Districts Special Parking an on se ass ca C9 Q w ~ °~ ~ r°~ ~ c°•~ ~ ~ ~ o ~ ~ ~ = ~ a U z U c~ U v U v U ~ ~ Land Use Standards Group Commercial Laundry $ $ 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard p p 8 Electronic Assembly or Manufacturing p 25 Exterminator Shop S S 24 Food Packaging and Manufacturing $ 24 Furniture and Cabinet Manufacturing p 25 Manufacturing not elsewhere listed $ 24 Office Showroom p 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops p p 8 Printing and Publishing - Commercial p 8 Research and Development Labs p 8 Scientific Instrument Assembly and Manufacturing p 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops p p 8 Warehouse and Distribution Facilities S 24 Welding or Machine Shop p 25 Wood, Paper or Leather Products p 25 Chapter 3- Land Use Page 3- 9 C t ~ y ~ F ~ CQLLEYVILLE rF ~ ,~r 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 05/14/2012 Number ZC12-013 Type Public Hearing Agenda Items Department Community Development Title Approval of a request for a Special Use Permit for an amusement center (indoors) on Lot 1R1, Block 1, of the Town Center Colleyville Addition located at 5615 Colleyville Boulevard, Suite 100, Case ZC12-013 Explanation Michael Quinlan submitted an application for a Special Use Permit (SUP) to allow an amusement center (indoors) located at 5615 Colleyville Boulevard, Suite 100 Existing Conditions. The subject property currently contains 23,033 square feet of vacant space previously occupied by Borders Bookstore. Existing Zoning. The property is currently zoned CC2-Shopping Center. The proposed amusement center (indoors) is allowed with the approval of a Special Use Permit in the CC2-Shopping Center zoning district. Proposed Business. The proposed business, Jumpstreet, is an indoor trampoline park where families, kids, sports teams, and youth groups can gather indoors for fun and exercise. The applicant proposes to utilize the entire 23,033 square feet for the amusement center, and activities will include a main trampoline court, dodgeball trampoline courts, kiddie courts, foam pit, snack bar, birthday party area, and Which Way Pizza Company will provide the food. The proposed hours of operation for the business are Sunday through Monday 11:00 a.m. to 9:00 p.m.; Tuesday through Thursday 10:00 a.m. to 10:00 p.m.; Friday through Saturday 10:00 a.m. to Midnight. These hours have not been included in the proposed ordinance. Building Enhancements. The applicant is not proposing any alterations to the building or fa~ade other than signage. Parking. The subject property currently contains 259 parking spaces. The entire Colleyville Town Center shopping center contains 1,567 parking spaces. All lots within the Colleyville Town Center shopping center have reciprocal parking agreements whereby parking is shared. The following is a more specific breakdown of the parking Planning and Zoning Commission Agenda Briefing 3b in the shopping center: ddress Anchor Existing Required Spaces Spaces 5701 Colleyville Boulevard I Bank of America I 88 I 15 5645, 5655, 5665 Colleyvillel Colleyville Cinema I 279 I 351 Boulevard 5615 Colleyville Boulevard I Borders Books I (Vacant) 259 I 260 5611 Colleyville Boulevard I Glorias, Hobby I 110 I 150 Town USA 5605 Colleyville Boulevard I Market Street I 440 I 333 5501 Colleyville Boulevard I Lee Lighting I 93 I 103 5505 Colleyville Boulevard I Luke's Locker I 111 I 64 5509 Colleyville Boulevard I Celebrity Cafe I 79 I 77 5601 Colleyville Boulevard I Wachovia Bank I 44 I 14 (Vacant) 5609 Colleyville Boulevard I ~ McDonalds I ~ 64 I ~ 47 Total: 1,567 1,414 When Colleyville Town Center was developed, the parking was calculated at one space per 200 square feet of gross floor area for the entire shopping center. The Land Development Code does not have any specific requirements for indoor amusement centers and refers to whatever requirements are stipulated by the required Special Use Permit. According to a survey of off-street parking requirements for various uses conducted by the American Planning Association, amusement centers such as the proposed use are typically calculated at one space per 100 square feet of gross floor area. As such, the proposed use would be required to provide 239 parking spaces. According to the parking tabulations above, there are currently enough parking spaces in the Colleyville Town Center shopping center to accommodate the proposed use. Master Plan. The Col%yville Master Plan designates the future use of this property for retail uses and the proposed use of an amusement center (indoors) is consistent with this plan. Adjacent Zoning and Development. The surrounding properties are primarily developed as retail and restaurant uses. Properties to the west are zoned CC2- Shopping Center and developed as the Town Square shopping center. The property to the south is zoned CC2-Shopping Center and is developed as McDonalds. The property to the north is zoned CC2-Shopping Center and is currently developed as Bank of America. The property to the east is zoned CC2-Shopping Center and is currently developed as Colleyville Cinema and Grille. Planning and Zoning Commission Agenda Briefing 3b Public Notification. Staff mailed notices to 12 adjacent property owners regarding this request. Courtesy notices were mailed to the Hidden Oaks Estates and Kingswood Estates Homeowners Associations. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has received no correspondence to this request. Summary. The proposed zoning change request does comply with the future land use designations of the Colleyville Master Plan, which recommends this property for retail uses. Given that the property is already developed as a shopping center, staff believes that the proposal, by the applicant, will generate a positive economic impact to the City. Recommendation Approval with the following conditions: a. This special use permit shall apply to an amusement center (indoors) to be located at 5615 Colleyville Boulevard, Suite 100. b. 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. c. 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. Statement of Planning Objectives 5. Site Plan 6. Proposed Ordinance Location and Zoning Map ~~ - -- ~~a~ ' `,~; -- _ _ i `;,;~ `~" ,~o~ ~,. 124J ``--~ -' i~ ~,`' ~ ~ _ . i2~7 ~ i2]1 1Z13 - 5,,~ 57Q8 121' 5 :7~ 566~ ~7d'I ~ ~-~"i~l `~~~ Site: SUlte 1~~ a~ ~saa ,~ ~~+~ i ~ ~ t~5[] 9 ~~o~ ~°~X,'_IL " [~ lil ~•(~*_'r ~' J^' ~ A 5 iIFJV~ ~ JLI il ~ 1'~bQ 15Ct2 15(a4 15a6 15t1Fs 1~~7fl 1602' a r;~74 ~~ ~~' ~ ~~ 5~.~4 I R-,~7 i5as ~~o~ i~a, ~~~a~ ~sa~ i~o~ irc 15~1 1=~G21 15~~3I v~~Gr ~ I~~S I 16t~J ~ 1~a~ I`r~l ~ ~ ~ Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Gwj Compnay Inc 1100 Fountain PI<wy Grand Prairie TX 75050 005708 Colleyville Blvd Melvin & Martindale Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005655 Blue Bonnet Dr Melvin & Martindale Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005665 Blue Bonnet Dr Jeri & Holly Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005701 Colleyville Blvd Rob & Charles Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 000000 Colleyville Blvd Gwj Company Inc 1100 Fountain Pkwy Grand Prairie TX 75050 005700 Colleyville Blvd Eagle-Colleyville Towne Square 5430 LBJ Fwy Ste 1575 Dallas TX 75240 005600 Colleyville Blvd Melvin & Martindale Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005615 Colleyville Blvd Melvin & Martindale Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005645 Blue Bonnet Dr Hj Road 26 Ltd PO Box 1703 Colleyville TX 76034 005609 Colleyville Blvd Melvin & Martindale Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005611 Colleyville Blvd Uhlmann-Colleyville Llc 13245 Riverside Dr Ste 500 Sherman Oaks CA 91423 005605 Colleyville Blvd Mil<e Quinlan, applicant 1800 Larimer St. #1700 Denver CO 80202 applicant Hidden Oaks Estates, HOA Kathy Kingeter 5611 Hidden Oal<s Drive Colleyville TX 76034 courtesy notice Kingswood Estates HOA, M T Properties Inc. 5137 Davis Blvd. N. Richland Hills TX 76180 courtesy notice Public hearing notices were mailed on Monday, April 30, 2012 by Amy Shelley Buffer Map 1{]i16 1L1fl& 12[D 570~1 12p9 12Q7 1DL17 10Q9 ~~'~~ 1~~T 1213 57[}5 BZI5 1697G 1068 5703 5741 56 i 1 4s 12'I ~ ~r.J ~'~-., _,~~,~ 5l4'I } 5~55 65 ~~ 56~G ,'' /~ '9 56G~ ~ 5 fl 5~q7 56D 5515 5~E4~ 1UD8 ~- ~~ t}3 ~ 5G~~1 5fi'11 ~501 ~~~ '0d 552u SECI 1 l O ~ 11Q~ ~5~6 ~b ~ ~a5A1 _~~' 556Ch ~ ~y ~ ~n° ~ ~ ~a~a$ ~*~ T~ c~' =413 df C^n i ~l~ ~ss~ I 1501 . ~ 5G4 j 1~` 1500 I 15{72 ~ 15fl4 ~ 15Q6 I 15Q~ I I ~ I I ~ ~ 15Q1 15D3 15[75 i5D7 ~~~79 ' 1562 15CJ4 1E~flG 1'.~y? Jumpstreet - Statement of Objectives Jumpstreet is an indoor trampoline park where families, kids, sports teams, youth groups etc. can enjoy fun and birthday parties. Jumpstreet provides a safe atmosphere for people to gather for fun and exercise. Please reference our website for further information: www.~otlump.com Store Locations open to date: Texas: Dallas, Plano, Austin Colorado: Centennial, Littleton, Thornton Arizona: Glendale, Chandler Each store is corporate owned and no franchises are available. Slow, methodical growth is our business plan with stores opening only in affluent areas surrounding major metropolitan areas. Activities include main trampoline court, dodgeball trampoline court, I<iddie court, foam pit, snacl< bar, birthday party area and Which Way Pizza Company. Pictures are enclosed for reference. Business Hours: Sunday-Monday 11:00 a.m. - 9:00 p.m., Tuesday - Thursday 10:00 a.m. - 10:00 p.m., Friday - Saturday 10:00 a.m. - Midnight. Pricing: Jump sessions are in hour increments and begin on the hour and the half hour. Pricing varies slightly by location, Plano, TX pricing is as follows: (Ages 8& Older) - Includesjumping on Open Court Trampolines and Dodgeball Arenas Weekend & Holiday Prices (Fri, Sat, Sun) $12 First Hr/perJumper/ $6 additional Hr/perJumper Weekday Prices Monday & Wednesday: $8 First Hr/per Jumper /$6 additional Ten Bucl<Tuesday & Thursdays: $10 for 2 hours Friday Teen Night: Jr. High & High School: $12 for 2 hours Jump sessions start promptly on the hour and on the half hour. Ten Punch Pass: $120 for 10 One-Hour visits. Dodgeball Court Rental: $160 per hour + hourly rate per person Prices do not include tax charges. All participants must have signed waiver. No outside food or drink allowed. Birthday Parties and packages available. From the owner: Tim Crawford, envisioned a place where everybody in the family can have fun. "I grew up in Denver, born and raised, and I never knew of a place where kids could bounce off the walls without driving their parents crazy. Now they have that place, and the parents can even join them." Main Trampoline Court: ~' = ~ ~_ Kiddie Court: ~,~ ,_ ~~ ~:~. ~__~~ ~-~.,.~ _,~ ~ Typical interior storefront: Foam Pit: Birthday Party Area: Picture of the Austin, TX storefront. Located at Lakeline Mall, Cedar Park, TX. Site Plan ~~~ - S~aee A~~ailable ~r~ ~ __ w - ---` _. _~_ _~ - ~'~~~ ~ ~ - ~,~ - ~,~.~ ~`,~'f ,~,~ ~ ~~ ~ ~- "~,~'~ ~ ~`;~ ~ _ _ N v .~ - ~. 1 M ~ ~ ~ I 0~` { ~ , _,;~ ; ~~~ ~ .~ ;.t~ __.__ ~~ I." ; [~,~~~ ~,~'~~ ~~ • ~ ~ .~'. 5 ~ F'M' J 1 ~~~ } V ~.4 l 5/'~~ ~ ' .., , r'~'~ ~ F~ ~ al ~4,~ e§ ~ ~. . - " - -..~~„~....- . _~. ` ~ _. ~r~ _ -_- _ __ - ,~~ ~ ~~ - -~ F .- __~ e__ ~~~ ' b ,;~ y I~, i ~,nr~ ~ _ ~i~:~ _ ~, , _ --, ~- ; ~ # ' ~ . ~: ` = ~~ ~~~ _' - ~. ~ ~ _ ~ ~ ~ ~. G f•~ ~ ~- ~ ~ - ~~ ~~ +~-~. „~ ~ - ~. ~ --~ ,-'f?`~ ~ ` ~ ~~~i 8 ~7 "~;~,, Juni~r ~cht~ - a- ---------- . ~ ~ T M ! 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ORDINANCE 0-12-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON LOT iRi, BLOCK 1, OF THE TOWN CENTER ADDITION LOCATED AT 5615 COLLEYVILLE BOULEVARD, SUITE 100, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN AMUSEMENT CENTER (INDOORS); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR IN]UNCTIVE 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. ZC12-013; 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 1R1, Block 1, of the Town Center Addition located at 5615 Colleyville Boulevard, Suite 100, by authorizing a Special Use Permit for an amusement center (indoors), as depicted on Exhibit ~~A" and ~~B" and described in Exhibit ~~C". 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 an amusement center (indoors) to be located at 5615 Colleyville Boulevard, Suite 100. b. 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. c. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec.8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15t" day of May 2012. The second reading and public hearing being conducted on the 6t" day of June 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _ day of 2012. Ordinance 0-12-XXXX Page 4 of 4 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 ~ 62at '~ ~ r~, `. ' ''V~ ~ _ --1 ~/,,,,~/ ' i ~n .,.., ,. '~~ ~,,- _ ~ - - _ ' f 2G~7 `~. ` ~ - ` _` _ ]211 I;e1~~ -~< f ~~ - 5T[lR 4.2T:~ • .S.~QQ / ~~jF~J~ _ f ~`, - ~, 11-.~~a ~ ,f~~ / /I~~ ~ ~~E ~j f J ~~tr. . -~ . a;1 ~~ ~ ~% ~ f ~Ul~r 1'.1~~ i~ ~ ~ ~ , r' =~~~n ~f ~ ~~~ ~ _~01 i 4 ~ ~~~ ~'f ~ - i r~ ~ r- - ~ // % `iF;04 i~, J I ~ 1!~i7 I^~llr' I~:).1 3.7~~ 1`LF• 11:~' ItiU~ i!~iJ7 { i - ~ ~r,at _~ , ~ ', ~SCi 1 ~ --L~' rq ~~a - - -- - - - ` rk-~~ i~o;~ i5u~ i5u7 15~4 ~&ui ,eo°a, ~b ~~ ~~ , ~~ ,~ ~~ , ~i ,~ ~f r s~~ y ~ ~~ ''~._ ,, f _ ~ Y~ r/ I~a72 l~17-1 I_?s3~=~ 1~04 ~r,~:r l hlJ~ b'~ ~ I ~ EXHIBIT ~~B" - Site Plan ~~~,, ~_ .~~~~ ' _ _ , , ~ ~ . ~~{~ . _. ~I f~ + yi 1 ~.' ~ ~ -~REJ~RiIt I ~. - r ' .IX . : 1 ~~ ~[}~'` ,.~ , y ~~ ~ ~ - ~ x~'.~ . ~ , _ ~4~ ~~ ,~. ~~~ ,~1 -~~L ~ j~, ~ t I. L ~ .. I w ,~/~y ~•~ _ ~5i • I ~ {~ ~ l ~V~ ~~.~ ~5. h R .Y I~ ~. ~ J 3 ~~ ~e ~ ~ . , y " ~ ~ ~ ~~ _ 'I - ' yL~ ~~~ ~ . 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C~LL~'~VILLE BaUtEIlAR[} ~T~TE HI~HVVAY ~~ - ---_ ~L Exhibit "C" - Statement of Planning Objectives Jumpstreet - Statement of Objectives Jumpstreet is an indoor trampoline park where families, kids, sports teams, youth groups etc. can enjoy fun and birthday parties. Jumpstreet provides a safe atmosphere for people to gather for fun and exercise. Please reference our website for further information: www.~otlump.com Store Locations open to date: Texas: Dallas, Plano, Austin Colorado: Centennial, Littleton, Thornton Arizona: Glendale, Chandler Each store is corporate owned and no franchises are available. Slow, methodical growth is our business plan with stores opening only in affluent areas surrounding major metropolitan areas. Activities include main trampoline court, dodgeball trampoline court, I<iddie court, foam pit, snacl< bar, birthday party area and Which Way Pizza Company. Pictures are enclosed for reference. Business Hours: Sunday-Monday 11:00 a.m. - 9:00 p.m., Tuesday - Thursday 10:00 a.m. - 10:00 p.m., Friday - Saturday 10:00 a.m. - Midnight. Pricing: Jump sessions are in hour increments and begin on the hour and the half hour. Pricing varies slightly by location, Plano, TX pricing is as follows: (Ages 8& Older) - Includesjumping on Open Court Trampolines and Dodgeball Arenas Weekend & Holiday Prices (Fri, Sat, Sun) $12 First Hr/perJumper/ $6 additional Hr/perJumper Weekday Prices Monday & Wednesday: $8 First Hr/per Jumper /$6 additional Ten Bucl<Tuesday & Thursdays: $10 for 2 hours Friday Teen Night: Jr. High & High School: $12 for 2 hours Jump sessions start promptly on the hour and on the half hour. Ten Punch Pass: $120 for 10 One-Hour visits. Dodgeball Court Rental: $160 per hour + hourly rate per person Prices do not include tax charges. All participants must have signed waiver. No outside food or drink allowed. Birthday Parties and packages available. From the owner: Tim Crawford, envisioned a place where everybody in the family can have fun. "I grew up in Denver, born and raised, and I never knew of a place where kids could bounce off the walls without driving their parents crazy. Now they have that place, and the parents can even join them." Main Trampoline Court: ~' = ~ ~_ Kiddie Court: ~,~ ,_ ~~ ~:~. ~__~~ ~-~.,.~ _,~ ~ Typical interior storefront: Foam Pit: Birthday Party Area: Picture of the Austin, TX storefront. Located at Lakeline Mall, Cedar Park, TX. C t ~ y ~ F ~ CQLLEYVILLE rF ~ ,~r 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 05/14/2012 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 Upda te Per the attached email, the applicant has indicated that they have sold the property and have requested that the item remain tabled pending notification from the new owners. Staff has been given no other information concerning the sale of the property or the new owners. At the April 23, 2012 meeting, the applicant requested that this item be tabled or continued to the May 14, 2012 meeting. 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 withdrawing 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 Room, 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 Planning and Zoning Commission Agenda Briefing 3c 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 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 Planning and Zoning Commission Agenda Briefing 3c 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. 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 Planning and Zoning Commission Agenda Briefing 3c 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. c. All requirements of the Colleyville Code of Ordinances shall be met. Attachments 1. Applicant's Request to Table 5/14/2012 2. Applicant's Request to Table 4/23/2012 3. Location and Zoning Map 4. Notification List 5. Buffer Map 6. Letters of Opposition 7. Letter Withdrawing Opposition 8. Statement of Planning Objectives 9. Site Plan 10. Building Elevations 11. Aerial Looking West 12. Uses Currently Allowed in the ML-Light Manufacturing Zoning District 13. Website Information 14. Proposed Ordinance Request From Applicant to Table Item From: Rita Sent: Thursday, May 10, 2012 3:39 PM To: Ron Ruthven Subject: Re: 5/14/2012 Planning & Zoning Commission Meeting Hi Ron, Yes we will request the item be tabled at the P&Z meeting UNLESS the new owners tell me something else. I know they are working out the details so let me check and I will get back to you. Rita ----- Original Message ----- From: Ron Ruthven To: Rita Sent: Thursday, May 10, 2012 9:14 AM Subject: RE: 5/14/2012 Planning & Zoning Commission Meeting Just to verify, Are your requesting that the item remain tabled at the Planning and Zoning Commission? Ron Ruthven, AICP, Director Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 (817)503-1052 fax (817)503-1059 ,~~r ~ ~~.~~~ ~ ~,:_- www.collevville.com We value your opinion. P/ease take a moment to take our survey, click here Applicant's Request to Table to April 23, 2012 FrQm; Rita 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 ~ Applicant's Request to Table ~ ,~~ JACKSOl~r WALKFR L.L.P. ATTORNEYS & COUNSELORS Apri123, 2012 Viu F.lectronic Mr~il Mr. Ron Ruthven, AICP Director, Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Re. Case ZC12-011; Agenda Item No. 36. l~ear Ron: William S. Dahlstrom (214) 953-5932 (Drrect D'ra1) (2l4) 661-6616 (Direct Fax) wdahlstromL;jw.com Thank you for talking with me this morning about the above-referenced zoning case, which is Item No. 3b on tonight's Colleyville Planning and Zoning Commission A~enda. As we discussed, we have begun working with the Applicant on this application. However, due to inultiple conflicts tonight, I ain not available to be present, and the Applicant wishes far this case to be postponed until the ncxt hearing datc. Therefore, we respectfully request to the Commission that case No. ZC 12-011 be held over until the next Plannin~ and Zoning Commission Agenda date, and that the Planning Staff brief the Commission on this request. T'hank you very much for your assistance with this. Sincerely, ~ ~~ ~~ ~ William S. Dahlstrom cc: Rita White ~t1 '~t~:r~ S rcwr, ;~.;~c bdJC={3 ~ LS.~l;a*, `I`+~e:~~ ":.~t?2 m t?;~;; ~~~-tif)~,t~ ~ t~x ~2 t4} ~;3-;~2? w~e~w.icv.;caza P f~ast;n • C~a.;as 4 Eose ~tvu;t~ ^ s!a~tstc,.*~ ~ ~°a ~^~c~s ^ S~n ;;;~t~nfo > ;~€emties ot €,t,Ci~~il.t~6~'='°` $112$04v.1 1407$0100~01 Location and Zoning Map ~~~~~ ~~~a ~ -~ ~~~~ ~o~ W ~ -~ ~ ~~ ~8 ~~ ~~~ 70~~ ~~~ ~0~31 ~'~]~~ ~~2~ ~~~ ~~ ~ 7D~3 ~0~~ ~~~ ~ ~~~ ' ~ ~a~~ - ~~ac~ , ~~~~ , ~aa~ E ~~~ ~~~~ ~I~~~ ~ John McCain Road 1~~~~ ~~'~1 7~1~ ~~~~ site ~~~~J ~~~ r~~`~i~ ~~ ~a~~~ ~` ~ ~ ~ ~ ~ ~ ~ `~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~r= x_ ~, "~ ~=-r ._1-~ ~ ~~~~ ~ ~~ ~~~ ~~~~ ~ ~~~~ 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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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 Subjec#: ~W: Feeagne - Zoning Change Request -1701 John McCain Raad From: Mona Pate{ Sent: Wednesday, Ma rch 28, 2012 2:23 PM To: Amy Shelley Subject: Feragne - Zt~ning Change Request - 17Q1 John McCain Road ~y, I am a Colleyville resident at 1701 Prince Meadow Drive a.nd within ~OQ foot notificatic~n area. Please register rny oppcrsition to this zoning change request. I arn very concerned about the noise, lack of p~rking, traffic and alcohal consurnption at this facility. Mona Patel i Amy Sh~lley Subject: FW: Feragne - 9701 John McGain - Znning change request From: ketan patel 5ent: Wednesday, March 28, 2012 2:21 PM Ta: Amy Sheil~y Subject: Feragne - 17Q1 Jotrn McCain - Zoning change reque~t 1~my, i am a Colleyville r~sident ~t 1701 Prince Meadow Drive and u~ithin 2Utl foot notification area, Please register my oppc~sition to this zaning change request, i am vary concerned abaut the noise, la~k af parking, traffic and alcohol consumptic~n at this facility. I~etan Patel Reach for the starst t t 1 Amy Sheliey Subject: FW: Feragne Fram. Michele Dacus - -.._ __w__ ~ ..v __~. u _.. _ ._ _ Sent: Wednesday, March 28, 2012 8:51 PM Ta. Amy Shelley Cc: 'Lisa Kenney'; 'Peg demers', 'Diane Hill ;'Sandy McClain' Subject: Feragne Hello, 1 am a resident of The Cascades, right across from Feragne. ~heir back area, which is totaHy visibie from John McCain, is constantly an eyeso~e. They are always building samething to accommadate one of their weddings or photo shoots. On weekends, there are cars parked in the grass adjacent to their property, al~o not samething expected of a Colleyuilie residential neighborhaod, These owners are not respectful c~f the hames around them, have been in violation of zoning laws for years and if you give them an inch, they will take a mile. IC's bad enough we have 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. C1ur homes and our community are worth more than this! Best Regards, Michel~ Dacus ~{}~73 Caspian Lane Amy Shelley Subject: FW: F'eragne Fr+am: ~isa 14enney Sent: Thursday, M~rch 29, 2Q12 8.43 AM To: Arny Shel~ey Subject: Fwtl: Feragne He11a Ms. Shelley; I also reside in the Cascades neighborhood and agree with the views expressed in Ms. Dacus' letter, We ha~e been eoncern~d fQr some time about the cars at Feragne and did nc~t initially realize they were holding weddings on their pxemises. Feragne is farther West an John McCain and encroaches even more into the residential areas. They have nc~ business operating a high volume traffi~ business in this area, the size of their lot is not even designed for the number c~f people they have been bringing in. If that's the kind of business they want to operate then they need to m~ave ta a commercial area. Please do not grant any variances c~r change in zc~ning. Thank you. Lisa I~enney Lisa Ramsden Kenney .~ttarney at ~aw 817-994-5322 Fram: Michele Dacus Qate: March 28, 2{~12 8:50:50 PM CQT To: ashellevCa~collevvifle.ccam Cc: 'Lis~ Kenney' 'Peg Demers' 'Diane Nill' '~andy McGlain' Subject: Feragn~e Hello, I am a resident of 7he Cascades, right acrvss from Feragne. Their back area, which is tatally visible from John McCain, is canstantly an ~yesare. They are aiways building samething ta accommodate one of their weddings or photo shoots. On weekends, there are cars parked in the grass adjacent ta their property, also not something expected of a Colleyville residential neighbonc~~ad. These awners are not respectful of the hornes around them, have been in violation of ~oning laws for years and if yota give them an inch, they will take a mile. {t's bad enough we have the mobiie home park, the car dealership and an industrial strip center on John McCain. Now we're going to add a higt~ traffic wedding chapel? Enough is enough. Qur homes and aur community are wartFr more than this! Best Regards, Michele Dacus 2003 Caspian Cane Amy SheHey Subject: FW: proposed zoning ck~~nge Fram: Louise Rosenfeld Sent. Friday, March 3Q, 2t112 4:13 PM To: Amy Sheiley Subject: propaseci zoning change Ms. Shelley, I am s#rongly opp4sed tcr the zoning change requested by Terry F~range, 1701 John ~cCain Road, Case #ZC12-011, The entrance #a c~ur subdiuisian, The Cascades of Timarron, is almc~st directly across the rc~ad frc~m this pro~erty, and I believe our property values wauld suffer if this change were approved. There have already been complaints abc~ut ~~oise and trafific, and if the awner were permitted #c~ use this praperty as a weddinc~ hall, tha~e prc~blems could only get worse. 1 was verar disappointed in City Cauncil when it did not serve the interes~ af homeawners recently regarding #he ather zor~ing change an Jahn McCain Road at the ~ar dealership. s~ncerely hope Council will no# fet hametrwners down again on this case. Louise H. Rasenfeld Louise RQSenfeld 7215 Broake ~rive Colleyville, T~ 7~034 81'-310-5818 Amy Shell~y Subject: FW: propo~ed zoning cF~an~e request at 1701 Johr~ McCain From: J,C. & Vieky Bartolomei :5ent: Friday, March 30, 2012 7:15 PM T+n: Amy She~ley Subject: proposed zt~ning change reguest at 17(}i .]ahn Mc~~ain We are residents of Timarron Cascades and thus will be affected by a zoning change requested by Feragne Phc~tography ta permit wedding cel~brations at the subject praperty, which is directly apposite the main entrance tc~ ni.~r siabdivision. The changes would result in increased nois~ levelsa traffic going in and out opposite an already difficult exit route far us residents, and strangers weaving through our cammunity. Far thase reasons, and o~her intangibles that wc~uld further make this a less than desirable community, we oppose the ehan~e. It's time that the c~ty of Colleyville support its RESIDENTS against businesses that blatently vialate zc~ning restrictions, and, when ~aught, reqiaest changes to continue with the illegal c~nduct. Cascades is the only portion af Timarron within Golleyville city limits. Even though we are the newest, we are already at a disadvantage with respect to our counterpart Timarrc~n communities when it com~s to property values (or more accurately declining valu~s}. Dan"t make it any warse than it is by allowing these changes. Thank you, Victc~ria and Juan C. Bartolc~mei April 1, 2012 Community [~evelapment C~epartment City of Colleyville 100 Main Street ~olleyville TK 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 17p1 John McCain Rvad We ar~ oppased to th~ above referenced zoning change because of the impact it will have on our life style and property value, Potential buyers will k~e negatively influenced by the expectation of weekly laud parties adjacent ta our neighborhovd. Current operativns have created: ~- Exposure to hours of unreasonable naise levels, particularly on evenings and weekends. • Increased traffic and the probability of imp~ired drivers on our streets. • MQrning after litter (beer cans, napkins, etc.~ in front af the Feragne facility. Please vote "Na" to any changes in zonin~. Sinc rely ~~ _.S~y~~ ~3`L~~ct.~., Gene and Sue ~rautz 70t~6 Primrose Lane Calleyville, TX 76034 April 1, 2022 Community Qevelopment Department City of Colleyville 1t}0 Main Street Colleyville TX 76034 Zaning Case Number: ZC12-011 Applicant: Terry Feragne ~ocation: 1701 John McCain Road We are apposed to the abave referenced zaning change because of the impact it will have c~n ou~ prc~perty values. Current aperations have: • Exposed our home tc~ hours of unreasonable naise lev~ls, particuiarly on evenings and weekends. • Increased traffic and the prabability of impaired drivers on our streets. • Marning after litter ~beer cans, napkins, etc.) `sn frttnt af the Feragne facility. Pc~tential buyers wi11 be negatively influenced by tFte expectation of weekly loud parties adjacent to vur neighborhood. April 1, 201~ Cc~mmunity [~evelapment Department City of Colleyville 100 Main Street Colleyville TX 76034 Zaning Case Number: ZC12-011 Applic~nt: Terry Feragne Lacation: 1701 J~hn McCain Road We are opposed to the above referenced zoning change because of the impact it will have on our property values. Current operatians have: • Exposed our home to hours af unreasonable noise levels, particularly c~n evenings and weekends. • Increased traffic and the probability r~f impaired drivers on our streets. + Marning after litter {beer cans, napkins, etc.} in front of the Feragne facility. Rotential buyers vuill be negatively infl~enced by the expectation of weekly loud parties adjacent to our neighborhood. r f .~~~~~'~ ~-~ l ~1 ~ ~-~, ~~ ~~~'~ ~~ ~ ~~.. Apri) 1, 2012 Comrr-unity Development Department City of Colleyuille 100 Main Street ~olleyville TX 76034 Zoning Case Number: ZG12-0~.1 Applicant: Terry Feragne ~acatian: 17011ahn McCain Road We are opposed to the abave referenced zaning change because of the impact it urill have on our property values. Current operations have: • Expvsed oun c~~me to hours of unreasonable noise leuels, particularly an evenings and ureekends. • Increased traffie and the probability af impaired drivers on our streets. • Morning after litter ~beer cans, napkins, etc.) in front c~f the Feragne faciiity. Potential buyers will be negatively influenced by the expectation af weekly loud parties adjacent ta aur neighborhood. ,~'"~ , ~~ ~ .~~~,~~~~ ~ ~ ~~-~- ~ ~ ~` ~ ~~ ~ n~ , ~~~ ~~~~ ~ ~ ~, ~ ~ ~.~~~~ ~ L~~~ ~"~ _ - ~~~~~ ~ ~_---.~ __~,_ _ ~y _~.__. ~~~ ~,~ ~--~~.~_~-... _ April 1, 2[}12 Community Development Departrrient City of Coileyville 100 Main Street Colleyville TX ?6034 Zoning Case Number: ZC12-011 ~,pplicant: Terry Feragne Lacation: 1701 John McCain Road We are apposed to the above refereneed zoning change because of the impact it will have on aur prc~perty values. Current aperatic~ns have: Expt~sed t~ur home tc~ ht~urs of unreasc~nable naise levels, particularly c~n evenings and weekends. Inereased traffic and the probability of impaired drivers on gur streets. Mor~ing after litter (beer cans, napkins, etc.~ in front of the Feragne facility. Pc~tential buyers will be negatively influenced by the expectatian of weekly Ic~ud parties adjacent ta our neighborhood. ~ F~ ~ ~ F l ~"" ~ ~ ~'t f? ~- ~~ ~'. /~~ ' ~~ L~`t„ ~~ " L ~ , f.. / J ~~l / ~ U'r~~ ?~f~~~'~'. }~.~ ~ ~~~ C~~ ~- ~" '. c-~"-. ~~ ~~~~ April 1, 2012 Community Development [7epartment City of Colleyville 10i~ Main Street Colleyville TX 76034 Zt~ning Case Number: ZC12-0~.1 Applicant: Terry Feragne ~ocation: 1701 John McCain Road We are opposed to the abave referenced zoning change because of the impact it will have an our property values. Current t~perations have: • Expc~sed our home tc~ hours of unreasonable noise levels, particularly on evenings and weekends. + Increased traffie and the probability af imp~ired drivers on our streets. + Morning after litter {beer cans, n~pkins, etc.~ in frc~nt of the Feragne facility. Potential buyers will be negatively infl adjacent to our neighbo ad. r t v ~ ~~1 ~ nced by the expectation af weekly loud parties ~~~ i~~ ~"~ ~~./ ~ G C~ ~" ~' ~ 1 ~ c" ~ f __--_---- ~~ ~~~ ~~ Apri) 1, 2012 Cort~m~nity Develapment C?epartment ~ity of Colleyville 100 Nlain Street Colleyville TX 76034 Zoning ~ase Number: ZC12-011 Applicant: Terry Feragne ~oeation. 1701 Jahn Mc~ain Road We are opposed to the abc~ve referenced zoning change because of the impact it will have on aur property values. Current operations have: * Exposed our home to hours of unreasonable noise levels, particularly an evenings and weekends. • Increased traffic and the probability of impaired dri~ers t~r~ t~ur steeets. • Marning after litter (beer cans, napkins, etc.) in front of the Feragne facility. Rotential buyers will be negatively influenced by the expectation of weekly loud parties ~djaeent to our neighborhood. ~~""~.--~-~ ~ ~~~ ~C,~l ,~ ~-r;~ ,~~ ~. ~ o9n-c ~.. ~~,.~ April 1, 2~112 Comm~anity Development Department ~,ity ~f Colleyville ic~u Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Location: 1701 John McCain Rc~ad We are oppased to the above referenced zoning change because of the impaet it will have on c~ur property vaiues. Current operatic~ns have: • Expc~sed our hom~ to hours of unreasonable noise levels, particularly on evenings and weekends. • Increased traffic and the prc~bability of impaired drivers on our streets. • Mc~rning after litter {beer cans, napkins, etc.) in front of the Feragne facility. P~tentia! buyers will be negatively influenced by the expectation of weekly Ic~ud parties ~~jacent ta our neighborhood. ~~ ~ ~~1~ ~ ~~~~ ~~~~~ ~~ G~ ~ April 1, 2012 Cornmunity Development department City of Colleyville 1C10 Main Street Cc~lleyville TX 76(734 Zoning Case ~lumber: zC12-011 AppHcant: Terry Feragne Lc~cation: 1705 ~ohn McCain Rc~ad We are opposed to the abc~ve referenced zaning change because of the impact it will haue on our prQperty values. Current operations have: w Exposed our home to hours of unreasonable noise (evels, partict~larly on evenings and weekends. • Increased traffic and the probability of impaired drivers on aur streets. • Morning aft~r litter (beer cans, napkins, etct} in front of the Feragne facility. Potential buyers will be n~gatively influenced by the expectation of weekly loud parties adjacent t ur neighbonc~~od. ~ , ~ _ -~ ~ { ~~~z ~~~ ~ b,~--~ ~ ~~~~.~ ~ ~~ ~ April 1, 2012 Community [?evelopment Department City of Calleyville 1QQ Main Street Colleyville TX 76034 Zoning Case Number: ZCS2-~11 Applicant: Terry Feragne Location: 17011ohn McCain Rc~ad We are c~pposed to the above referenced zaning change hecause of the impact it will have on our property values. Current operations have: • Exposed our home to hours of unreasonable naise levels, particularly ran evenings and week~nds. • Increased traffic and the probability c~f impaired drivers on aur streets. • Morning after iitter {beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation c~f weekly ioud parties adjacent to aur neighborhood. ~ ~ ,~...:..-__ ~ r~ ~~- ("~~ r t~r ~. z~ 5~ c~. ~ April 1, 2012 Cc~mmunity Develc~pment Department City of C~IleyviNe 100 Main Street Cc~lleyville TX 76Q34 Zoning Case Number: ZC12-011 Applicant: Terry Feragne Lc~cation: 1?011ohn McCain Road We are opposed to the abc~ve referenced zoning change because of the impact it will have c~n our property values. Current operations have: • Exposed our home to hours af 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. Patential buyers wifl be negatively influenced by the expectation of weekly laud parties adjacent to our neighborhood. ~~~~~~~~~ ~~~~ ~_ ~,.- ~ ~ 2~ ~~~ ~ ~--~~, ~ ~.~-~S ~ April 1, 2012 C~mmunity Development Department City af ColleyviNe 1(}0 Main Street Colleyville TX 76034 Zcrnin~ Case Number: ZC12-011 Applicant: Terry Feragne ~c~cation; ~.7~}1 John McCain Road We are apposed to the above refereneed 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. • Mc~rning after litter {beer cans+ napkins, etc.} in frant of the Feragne faeility. Potential buyers will be negatively influenced by the expeetation of weekly loud parties adjacent ta our neighbQnc~~od. ~~~r~ ~~°~° { ~~~ nc-,~ ~~~ ~.a ~ ~ ~u-~ ~ ~ t-7x `~~ ~~ ~ April 1, 2012 Community Dev~lopment C3epartment City of Colleytitille 100 Main Street Colleyville TX 76034 Zoning Case Number: ZC12-011 Applicant: Terry Feragn~ Locatic~n: 1701 John McCain Road We are opposed to tF~e abave referenc~d zaning change because af the impact it wil) have an our property values. Current operations have: • Exposed our home to hours of unreasonable noise leve~s, particularly on evening~ and weekends. • Increased traffic and the prc~bability of impaired drivers on our streets. • Morning after (itter (beer cans, napkins, etc.) in front of the Feragne facility. Potential buyers will be negatively influenced by the expectation of weekly Ic~ud parties adjacent to aur neighborhaod. Apri) 1, 2012 Community Development Qepartment City af Colleyville 100 Main Street Colleyviile TX 76034 Zoning ~ase Number: ZC~.2-011 Appli~ant: Terry Feragne Location: 17Q11ohn McCain Road iNe are oppased to the abave referenced zoning change because of the impact it will have on our property values. Current aperations have: • Exposed oun c~~me ta hours of unreasonable noise levels, particularly c~n euenings and weekends. * Increased traffic and the prob~bility of impair~d drivers an our streets. • Morning after litter (beer cans, napkins, etc.) in front of the Fer~gne f~cility. Potential buyers will be negativ~ly influenced by the expectation of w~ekly loud parties adjacent to our neighborhood. U~ ~~ ~~~r` ~~~'~ Apri) 1, 2012 Community Development Department City flf Colleyville S00 Main Street Colfeyville TX 76034 Zoning Case Number. ZC12-011 Applicant. Terry Feragne Location: 1701 John M~Cain Road We are c~ppased to the above referenced zoning change because of the impact it will have on our property values. Current operations have: • Exposed o~ur home to hours of unreasonable naise levels, particularly on evenings and weekends. • Increased traffic and the probability af impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.J in front of the Feragne facility. Potential buyers wiH be negatively influenced by the expectation of weekly loud parties adjacent to our neighborhood. ~' ____--~ i~ ~ ,~.,- . ~~.....~..~..~-~- 4-'+ ofiv~..~' c~~~R ~-,r~ l t~ c~ ~~;~~ r-~ ~ ta ~t~C~~ ~~..~. ~.~~~e~~~~~~ ~ ~. Z~C~~~ April 1, 2t~12 Community Development Department ~ity of Cc~fleyville 100 Main Street CoNeyville TX 76t~34 Zoning Case ~lumber: ZC12-011 Applicant: Terry Feragne Location; 17Q1 John McCain Road We are oppased to the above refer~nced zaning change because of the impact it wifl have on aur property values. Current aperations have; • Exposed our home to hours of unreasonable nc~ise levels, particularly on evenings and weekends. • Increased traffic and the probability af impaired drivers on our streets. • Morning after litter (beer cans, napkins, etc.) in frant of the Feragne facility. Potentiai buyers will be negatively influenced by the expectatian of weekly laud parties adjacent to our neighbarhoad. ~a~'-Y ~ t..~/ J~ C.,~'x_w r C.~~~ f~o ~ ~ ,~~. 0~..,1~ cn.t-_c2s~, ~~ ~t ~ r~r ~~~ ~~_ ~~ G~~ April 1, 2012 Community Development Department C~ty of Colleyville 10U Main Street CQlleyville TX 75t~34 Zaning Case Number: ZC12-~11 Applicant: Terry Feragne L.ocation: 17t~1 ~c~hn McCain Road We are opposed to the above referenced zoning change because of the impact it wiN have an aur property values. Curr~nt aperatit~ns have; • Expased c~ur home tt~ haurs af unr~asonable noise levels, particularly on evenin~s and weekends. • Increased traffic and the probability of impaired drivers on c~ur streets. • Morning after litter (beer cans, napkins, etc.) in front of the Feragne facility~ Pc~tential buyers will be negatively influenced by the expectation af weekly Ic~ud parties ~~~ .~~-~ ~ ¢~ ~? ~-'~~r'~'1.~'" ~ ~-~~'~' ~ ,~~- f~-~ r' We are opposed ta the above referenced zonir~g change because of the impact it will have c~n aur prcrperty values. Current c~peratic~ns have; ~ Exposed our home to hou~s of un~easonabie noise levels, particularfy on evenings and weekenr#s. • Increa$ed traffic and the probability of irnpaired d~ivers on our streets. ~ Nlc~rnin,g after litter {beer cans, napkins, etc,} in front of the ~eragne facility. Rotential buyers will be negatively influenced by the expectation of weekly loud parties adjacent to aur neighbonc~rad. Aisa the ~olleyville ~ity CQUncii recent~y modified a Special Use ~'ermit pertain~ng ta A& L Imports, Inc; a used car facility an John McCain Raad, so that the very issues which we opposed (autside acato sales~ at t~re original Counci~ Meetings were nullified. T~re outside auto sales were specifically exempt fram the original wvrding of the Special Use Permi~, My point is t~at Special Use Permits have no use near residentia! areas since they are not necessarily permanent. ,~/ ~ , ~~ ~1 ~~ ('.:~ _~. ~ t~....~ ~'{ ~'`~ ~ `~°`~"~~~-~-- Ftobert and Cecelia Bc~one 7Q19 ftcasek~rc~ok Colleyville, TX 7Ek~34 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. Statement of Planning Objectives Feragne Portrait Studio-Feragne Chapel-Feragne Villa 1701 John McCain Colleyville, Texas 76034 Statement of Planning Objectives In addition to the current business as Feragne Portrait Studio a request is made to include the facility and its accessory structures for people to gather together for public worship, religious training, or other religious activities, including a church, temple, mosque, synagogue, convent, monastery or other structure. Feragne will be open to all types of religious activities including a church, temple, mosque, synagogue, pray groups etc. Feragne will be open to all ministers of all faiths for religious activities and bible study groups/meetings and events for the benefit of religious organizations. Feragne will be open 7 days a week with meeting/actives/events beings scheduled at the discretion of the group's and Feragne scheduling. Development Schedule The building will be used as is with no additional buildings being built. Economic Development Feragne will continue to pay the current tax rate. 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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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 Website Information ~~ . ~ Ir http:~~weddingsincolleyville.corrJDFW_Wedding_Room.php File Edit View Favorites Tools Help ~r Convert - "': Sele~t -~ =~ --~ I- I`~ SuiteOne Media - SuiteViewp I~ 6FW Wedding Chapel E~ ,r~ - ~i N ~ Fera~n~ Villa Pho~o 5tud~o ~u~rQth 'Weddin~, Venue Lzt us vh~_~tesa~ipli ~, oui~ :jr~ani ~,, edd'ui~ lIl 4UP r~~nit~nti~ ch,_~~?el, lUi_1TC:~ lIl V_~JIIC,ti L'11C. 170~ John :~3cGauz- ~r C'~lles•t-ille, Texas ~6og4 8~7'~~`J-4~47 * ~ "'~ [_. 5 tLin YeF~"'~- _ . . .. ~ :ttL R 1~'.,<i 'rL1s \ mL _°t L4S f ~ ~c . , -'~ epea ~I_i[~~ _ ~i~.__v~e~-. ~ ~~~ _ ~' - _ , / ....,, ~ ~.~ ~ ~'"'~,r ~ ~~ Y ~• ~i~1q'l~~1, ~'.'• Fera~ne 1Ve,ddirw~ ~ Event Vill~ lus! uff hwy 3fi in Cullpyvill~eT~rx99. In fhe ~F4Y mekrapl:a., Eluseku Hur9ia S~u=hl4kp~ HidWnd,~ 6r8ptvine~ 6cdfi~rd~W~k LBkr~., C'up~ell, Irving~ Arlingf.on,. Ferr9ntco.unty. Eule93, ~alle9., Ft. Wurth. ~HIle9.. Ft.. Wv.rth. P'18na, Keller. ~F4Y metruplcx, -9rr9nt ~~aunty. The Fer9gne 89nquet CtinteruHeraRurc6tile elegamce, fe0t:uring Fne dining 9k it9 Be9t~ ~cumhined with prilfe9~9i4n91s fri~endly 9er.rice~ Dur experienced steff899urea wurry-fr~~ e~rent~ +r .. li~ax°=,earch i ~, I - (i.!.~ - > Page - Tools - ~-.,~ ~ r http:ff File Edit View Favo ~ Convert ~ '"- Sele~t '~ ~ _;_: I' I c SuiteOne Media - ~ - ~ _ - r~i'~ - • ° Page - Tools - U~ t0 ~~FJ ~l '4~e~din2 ir,_uz~~tcr-C }iarau ~1~ass-.~SIt~bP~ E;ilcus w~rio~er; ~,atio ~;t}~ tt-i~klc li~lit3-cr~ staE t?}~Ie d~caLat~~c G~t m:~ruec? at rlie ~exa~~e iv tLc center r,f DFZC'. 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Select -" -- I' I'- SuiteDne Media - Suite The Fe~a~ne ~~edding ~4ter~ue itZ +~~lley~-ille, Tex~~ ir~ ~e cent~er ai r~ie DFE~` are~ i.u Ta.~a~n.t Cou~.ts`. ~edc~~y ~pecial ~~~ent€ ac rece~ciQn ~aIL Ltit us ~i~e rau ~ ta~~r~ S 1 ~9?~-=~b-~~ F'leas-~ cian"t f~~ {~ir~ri5ed rt a real pers~r~ ar~~~-ex~ tLi~ ~~t~~n~! ~' - _ 4 - ?~t - • ° Page - Tools - v~~.-~ .~ ti,.~ ~~..~..,~ .,~ .. ......,.~~ ~,,. -°--- 7onn~IcCein- -- ~~ ;r- ~ , Gt~~?ecci6~e.Te~a=-6o34 ~__ ~ ~`= 8i' 9^=5 ~$~. , ~:F~-~ ~~'V~~~ r 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec.8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15t day of May 2012. Ordinance 0-12-XXXX Page 4 of 4 The second reading and public hearing being conducted on the 15t" day of May 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _ day of 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT ~~A" - Location and Zoning Map ~ { ~ 1 ~ ~~~1~ ~''`~~ - - ,~6-~ ~ 1 ~~ ~ ~f~~ 7~9 7'~ ~ ~1~$'~ ~ 1 ~[}~ ~3~}~ ~1 ~ ~'+~ ~i `~ - ~ ~ _ ~ ~- . ~ ~~ 1 r ~ ~ ~ ~1,~ i~ ~_ ~~~~ ~~G~~~~ ~~~~ , ~~~~~~ - r~~~ ~ ~'~~ ~~ f 1~~1 ~?~1 , ~~}~~fi 7~~ ~~ ~ ~~ 7~~~' ~Q1~ . ~~~~~~ ~ fl `~~1~3 7~1~~ ~Cl~}~ s~~~ 1~~~ ~iL , ~I ~ _ ~~1~ 7~1 ~'Q~~ ~ ~ ~ _~ ~ ~4~~~ ~~Q~ ~~~1 r'' . ~ ;~•.~ ~~ ~ ~~ _~--'` ~, - ~r ~ "~'~ 7~~~ , ~_~ ~ .~~~ _ _ _ _ ~ °~`} ~ _ = - , ' ~'~l[~~ ~~ ~ ~ ` {.~ • _ _ ~ ti _~ _ ~ ~ ~ ~~ : ~ .~ ~ ~ ~ , _ -~ . ~~ ~ _~ _ ~~~. ~ ~~ ~ ~ ~, ~ ~q ~ ~ ~ ~ ~ - - ~ ` ~ ~` ~ -. s . ~ _r ~ ~ y'' ~ ~ ~' `' J v ~`- ~~~- ~ 1 ~ +~~i ~'~ . : ., ~..~'~' ~~ , ~ ..~~:. . - .~ ~~ _ ~_r_ ~~ EXHIBIT ~~B" - Site Plan i~~ ~ ~ ~ .r . A _ ~ ~~-s'~~ ~E. ,r ~ ' ~ c. ' • ~ _ + ~ ~" ~, ~U'fU!~E R~SIpENT14L ~ ~ ' ~. . - . ~ , ~ _ _ (.. f r' fi . - . . - ' - .~. ;ca ~.ce ~,.,. ~ ~, , . . . . . , . , ` , . , 4• i ~. . , ~ . 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