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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/9/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, September 9, 2013City 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 oraction items on the agenda 7:00 P.M.-REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Dudziak PLEDGE OF ALLEGIANCE 1.APPROVAL OF MINUTES August 26, 2013 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS APUBLIC HEARING ITEM 3.REGULAR AGENDA ITEMS 3aApproval ofafinal plat on10.07 acresonLot 1, Block 1, Stajduhar City of Colleyville Page 1 Planning and Zoning Commission AgendaSeptember 9, 2013 Additionlocated at 816 W. L. D. Lockett Road, Case PC13-015. 3bApproval of afinal plat for 12.0 acres on Tracts 3, 3E and 3F, of Abstract 936 of the Joseph M Looney Survey and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, case PC13-016. 4.PUBLIC HEARING AGENDA ITEMS 4aRequest for a Special Use Permit for an accessory building on Lot 10, Block 4, of the Ashmore Addition located at 2713 Highgrove Court, case ZC13-011. 4bRequest for a zoning change from AG-Agricultural to R-40 Residential on 1.06 acres on Lot 8 of the Mrs. Eva Paul’s Subdivision located at 1105 Tinker Road, case ZC13-012. 4cRequest for a Special Use Permit for a dance studio on Lot 1, Block 1, of the Ratliff Addition, located at 5310 Pleasant Run Road, case ZC13- 013. 5.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards September 6, 2013by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 2 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, August 26, 2013City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 26, 2013 at 7:00p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, David Phelps, Jim Gotcher, Don Davis, and Jeff Byerly Staff Present:Ron Ruthven, Taci Wrisley, Dale Crown, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney) INVOCATION The invocation was given by Commissioner Knox 1.APPROVAL OF MINUTES Commissioner Knox made a motion to approve the minutes as amended. Commissioner Davis seconded. The motion to approve the minutes as amended carried by the following vote: Aye: 7–Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly A second vote was made at the end of the Continued Public Hearing Item based on corrections made by the applicant of case ZC13-008. ChairmanByerly made a motion to approve the minutes as corrected. Commissioner Knox seconded. The motion to approve the minutes as correctedcarried by the following vote: Aye: 7–Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON City of Colleyville Page 1 Planning and Zoning Commission MinutesAugust 26, 2013 THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3.REGULAR AGENDA ITEMS 3aApproval of a minor plat for1.97acres on Tract 1B01A, of Abstract1248of theThomas J. PolsonSurvey, located at4800 Bedford Road, case PC13-014. Ron Ruthven presented the case and briefed the Commission. Commissioner Davisquestioned staff regarding whether the fence line along the front of the property would allow for a single fence line along Bedford Road. Ron Ruthven replied correct. Scott Sandlin, the property owner of 4800 Bedford Road, came forward and briefed the Commission. Commissioner Davis made a motion to approve case PC13-014. Commissioner Wheelwright seconded. The motion to approve case PC13-014 carried by the following vote: Aye: 7–Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4.PUBLIC HEARING AGENDA ITEMS 4aRequest for approval of a Special Use Permit for alcoholic beverage sales for off-premises consumption on Lot 7a, Block 2, Village Park Addition located at 4801 Colleyville Blvd.Approval of a Special Use Permit for alcoholic beverage sales for on-premises consumption on Lots 1R1, 4, 5a, 6a, 7a and 9R, Block 2, Village Park Addition located at 4701, 4709, 4717, 4725, 4801 and 4843 Colleyville Blvd, case ZC13-009. Ron Ruthvenand Marty Wiederpresented the case and briefed the Commission. Commissioner Phelps questioned staff regarding whether there is a different standard for parking requirements for a stand-alone business versus a business with a shared parking agreement. Ron City of Colleyville Page 2 Planning and Zoning Commission MinutesAugust 26, 2013 Ruthven replied no. Discussion continued between the Commissioners and staff regarding the parking requirements. Commissioner Dudziak questioned staff regarding the number of parking spaces that were located at the rear of the property, behind the building. Ron Ruthven replied approximately 60 parking spaces. Commissioner Dudziak further questioned regarding whether there was reasonable access to those parking spaces other than walking around to the front of the building. Ron Ruthven replied unless there were an employee that will have access to arear door, one will have to walk to the front of the building. Commissioner Davis stated when Albertson’s was in business, the rear parking spaces were for employees. Commissioner Dudziak questioned staff regarding whether there was a separate provision for employee parking in the code. Ron Ruthven replied no. Discussion continued between Commissioner Dudziak and staff regarding the parking requirements. Chairman Byerly questioned staff regarding whether the shopping center was already short on parking spaces. Ron Ruthven replied correct. The public hearing was opened at7:29p.m. Scott Woodruff, the applicant, came forward and briefed the Commission. Commissioner Dudziak questioned Mr. Woodruff regarding whether he thought there was sufficient parking for the shopping center and surrounding pad sites. Mr. Woodruff replied yes. He further explained, as landlords, they would prefer the parking lot to appear to be full versus having an empty parking lot. Mr. Woodruff also explained their lease agreement with Whole Foods states employees would have to park in the rear parking spaces. Commissioner Dudziak questioned Mr. Woodruff regarding whether there would be an employee entrance on the rear of the building. Mr. Woodruff replied the plans for an employeeentrance are in the works but have not been finalized. Commissioner Dudziak questioned staff regarding parking along the front of the property and would any be lost with the future expansion of Highway 26. Ron Ruthven replied no additional spaces will be City of Colleyville Page 3 Planning and Zoning Commission MinutesAugust 26, 2013 taken with the future expansion. Commissioner Dudziak questioned Mr. Woodruff regarding their control over the leases ability to open restaurants within their current businesses. Mr. Woodruff replied the current businesses are leased under a specific use. He further explained if the businesses wanted to change their use they would have to go through the landlord to do so. Commissioner Dudziak questioned Mr. Woodruff regarding whether he had been approached by other businesses wanting to build on a pad site. Mr. Woodruff replied yes, hundreds. He further explained they were limited to 6,000 square feetof restaurant space for the pad site and they aremaxed out already. Commissioner Dudziak questioned Mr. Woodruff regarding the possibility of a parkinggarage. Mr. Woodruff replied a parking garage would be economically impossible to do in this location. Commissioner Gotcher questioned Mr. Woodruff regarding the possibility of re-striping the lot if the number of parking spaces ever became an issue. Mr. Woodruff replied yes, there are ways of creating additional spaces. There being no one else wishing to speak, the public hearing was closed at 7:42p.m. Commissioner Phelps stated he liked having the pad sites out front because it eliminated the look of a vacant parking lot. Discussion occurred amongst the Commissioners regarding the lack of parking issues when the shopping center was fully functioning. Ron Ruthven referred to an earlier question regarding the number of parking spaces in the rear of theproperty and there are a total of 100 parking spaces. He further explained that an additional 100 parking spaces could potentially be added. Discussion continued between the Commissioners and staff regarding the current and future use of the parking spaces on the north, south, and east sides of the property. Commissioner Dudziak questioned Mr. Woodruff regarding what would happen with Ace Hardware’s outdoor storage. Mr. Woodruff replied it is part of their lease and it will stay. Commissioner Dudziak further questioned Mr. Woodruff whether the parking spaces the outdoor storage would take up was included in the total parking space count. Mr. Woodruff replied no, the spaces were counted by them as non- usable spaces. City of Colleyville Page 4 Planning and Zoning Commission MinutesAugust 26, 2013 Commissioner Dudziak questioned Mr. Woodruff regarding whether all the other business, with the exception of Whole Foods, would have to park behind the building. Mr. Woodruff replied he did not believe so due to the other business not seeing as much traffic as Whole Foods would. Commissioner Phelps made a motion to approve case ZC13- 009. Commissioner Knox seconded. The motion to approve case ZC13-009 carried by the following vote: Aye: 7–Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5.CONTINUED PUBLIC HEARING AGENDA ITEMS 5aConsideration for a zoning change from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development Residential on 1.94 acres on Lot 1, Block 1 of the San Bar Square Addition located at 105 Cheek-Sparger Road, case ZC13-008. Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 7:54 p.m. Mark Howe, the applicant, came forward and briefed the Commission. Steve Isbell, the development engineer for the project, came forward and briefed the Commission. Claudia Bevill, 119 Cheek-Sparger Road, came forward and spoke in opposition of the case. James Bevill, 119 Cheek-Sparger Road, came forward and spoke in opposition of the case. Three (3) attendees did not wish to speak but wished to record their opposition: Cyndi Wallace of 104 Greenbriar Lane, David Wallace of 104 Greenbriar Lane, Mike Davila of 100 Greenbriar Lane. There being no one else wishing to speak, the public hearing was closed at 8:21 p.m. Commissioner Gotcher questioned staff regarding the uses allowed by the current Planned Unit Development-Commercial. Ron Ruthven City of Colleyville Page 5 Planning and Zoning Commission MinutesAugust 26, 2013 replied the uses that would be allowed would most likely be the uses allowed by the code today. He further stated before any building permits would be issued, staff would verify that the use is in fact allowed. Commissioner Phelps questioned staff regarding the process for approving the uses; would the request for any of the allowed uses be heard by the Planning and Zoning Commission or the City Council? Ron Ruthvenreplied no. Commissioner Davis questioned staff regarding whether the property owner could build a Sonic Drive-In restaurant on this property. Ron Ruthven replied based on his initial interpretation, yes. Chairman Byerly questioned staff regarding whether the calculation of density or right-of-way was effected by the miscalculation of land. Ron Ruthven replied no. He further stated the correct number would be amended to go before City Council. Commission Knox questioned Keith Hamilton, the engineer for the project, and Mr. Howe regarding the drainage for Lots 4, 5, & 6. Mr. Howe replied a 12 inch drainage pipe would be installed along the rear of the properties and will drain into the detention pond. Discussion continued between the Commissioners, Mr. Hamilton, and Mr. Howe regarding construction of the drainage system. Commissioner Dudziak questioned Mr. Isbell regarding the plans for the open space in the center of the roadway. Mr. Isbell replied as a request of a neighbor, they would construct aflag pole that would be lighted. Commissioner Gotcher made a motion to deny case ZC13-008. Commissioner Dudziak seconded. The motion to deny case ZC13-008 failed by the following vote: Aye: 2–Dudziak and Gotcher Nay:5–Knox, Wheelwright, Davis, Phelps, and Byerly Commissioner Knoxmade a motion to approvecase ZC13-008. Commissioner Davisseconded. The motion to approvecase ZC13-008carriedby the following City of Colleyville Page 6 Planning and Zoning Commission MinutesAugust 26, 2013 vote: Aye: 5–Knox, Wheelwright, Davis, Phelps, and Byerly Nay: 2–Dudziak and Gotcher 6.ADJOURNMENT The meeting adjourned at 8:35 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on September 9, 2013 by a vote of_______. City of Colleyville Page 7 Location and Zoning Map R-20 Subject Property L.D. Lockett Aerial Looking North LOCKLEY WAY Subject Property TAPPEN SHIRE LAURA LN DUNS TEW PATH Location and Zoning Map 5305 R-20 R-20 CN CC-2 CN CC-2 5201 AG AG 5199 5209 5112 5137 5141 5145 1512 1508 15001504 1412 5131 5129 5143 5129 5125 5140 5125 51445121 CHERRY LN 1200 51215117 5108 5113 5117 5108 5109 5101 5113 5104 5105 5104 5109 5100 5101 51051300 5100 5028 5029 5026 5100 5101 5100 5024 PUD-R R-20 PUD-RPUD-R 5025 R-20 PUD-R 5019 PUD-R PUD-R 5020 5021 RIVERWALK CT 5017 5016 5016 5017 R-40 R-40 5008 5012 5013 5013 5013 5012 5008 5009 5009 5011 5004 5005 5005 5009 5000 1201 5008 1504 5001 5001 1304 5005 1312 5004 1308 1500 1416 1301 1132 R-20 1600 R-20 1304 1300 GLADE RD 1209 1205 4900 4900 4901 1317 R-20 AG PUD-RR-20 AG PUD-R R-20 R-20 1213 4808 4809 4808 1315 Aerial CHERRY LN Subject Property GLADE RD WESTGROVE LN POOL RD WESTGROVE LN POOL RD WESTGROVE LN POOL RD Notification List Owner NameOwner AddrOwner CityOwner StateOwner ZipSitus Address McCormick, Robert J2220 Pool Rd Ste 100Grapevine Texas760515009 Pool Rd McCormick, Robert & Cynthia2807 Edgewood LnColleyville Texas760342712 Glade Rd Dzura, Michael Etux Patricia2704 Highgrove CtColleyville Texas760342704 Highgrove Ct Fyffe, Jack B & Jane G2708 Highgrove CtColleyville Texas760342708 Highgrove Ct Halai, Akeel S & Zahra2806 Highgrove CtColleyville Texas760342806 Highgrove Ct Ramachandran, Sunil Etux P R2802 Highgrove CtColleyville Texas760342802 Highgrove Ct Little, David P Etux Shelly2712 Highgrove CtColleyville Texas760342712 Highgrove Ct Tarpara, Narendra Etux Triveni1809 Sandalwood LnGrapevine Texas760512807 Highgrove Ct Johnson, Zachary S Etux Amy W2713 Highgrove CtColleyville Texas760342713 Highgrove Ct Fontenot, Kelly R Etux Kelle L2705 Highgrove CtColleyville Texas760342705 Highgrove Ct Wuestenberg, Kurt Etux Melissa2709 Highgrove CtColleyville Texas760342709 Highgrove Ct McCormick, Robert & Cynthia2807 Edgewood LnColleyville Texas760342800 Glade Rd Perry Roberts, Applicant1008 Wade DriveBedfordTexas 76022Applicant Public Hearing notices were mailed Friday, Aug. 30, 2013 by Taci Wrisley Statement of Planning Objectives Development Schedule Section 3.27 - Land Development Code Colleyville, Texas, Land Development Code Section 3.27Accessory Buildings and Residential Carport Regulations The following regulations shall govern the location, size and use of accessory buildings: A.Accessory Buildings Located in Residential Zoning Districts (O-00-1223 / 07/18/00) 1. Permit Required: a. A building permit shall be required for any accessory building which exceeds one hundred and twenty (120) square feet. However, all accessory buildings containing 120 square feet or less shall comply with the height and setback requirements of this Section. An accessory building shall only be allowed as an incidental structure to a principle building unless the accessory building is located in the Agricultural District. b.For the purpose of this Section, the term accessory building shall include detached residential garages and pool houses, but shall exclude a carport (see Section 3.27.C). 2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Maximum Square Footage of all Accessory Buildings Lot SizeUnder .5 ac.5– .99 ac.1– 2.99 ac.3+ ac. Total s. f.750 s. f.1,000 s. f.1,750 s. f.2,500 s. f. b.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. c.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP). d.An existing accessory building may be remodeled or expanded provided the combined square footage of all accessory buildings does not exceed the maximum square footage allowed. However, an existing accessory building which exceeds the maximum square footage allowed may be remodeled or replaced with a new accessory building, but not expanded or increased in height. e.There shall be no physical connection between accessory buildings and a minimum separation of three (3) feet between accessory buildings. 3. Setbacks: a.No accessory building shall be erected in any required yard, as defined in , Chapter 2 –Definitions except as set forth herein. b.Attachedaccessory buildings – Accessory buildings erected ten (10) feet or closer to the principal building shall be considered attached, and shall comply with the setback lines established for the applicable zoning district. For the purpose of this regulation, the distance between buildings shall be measured between the nearest wall surfaces. c.Detached accessory buildings – A detached accessory building shall comply with the setback Chapter 3 - Land Use Page 3 - 1 Section 3.27 - Land Development Code Colleyville, Texas, Land Development Code lines established for the applicable zoning district, unless the accessory building is located totally behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line. 4.No accessory building shall penetrate a vertical height envelope defined as being a Maximum Height: point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a o angle to the height of the primary building. 45 5. The use of an accessory building shall be consistent with the permitted usesof the Permitted Uses: applicable zoning district, except, no accessory building shall be used for dwelling purposes other than for domestic servants employed for the premises, where permitted by the district regulations. 6. Any request for a building permit for an accessory building which does Special Use Permit Provision: not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. B. For Accessory Buildings Located in Non-residential Zoning Districts 1.No accessory building shall be erected in any required yard area except as set forth by this section. 2.No accessory building shall be erected within ten (10) feet of any other building unless such accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot be located within fifty (50) feet of another building. 3.Commercial kiosks as accessory uses and/or buildings may be located within approved nonresidential districts subject to the following conditions: a.Maximum size of two hundred-fifty (250) square feet. b.No inside sales or service or drive in sales or service; walk-up and/or drive-up service permitted. c.Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other equivalent material, provided metal material does not exceed twenty-five percent (25%) of the exterior walls. d.Located within required setbacks and in conformance with this section. e.Located in such a manner as to not impede, impair or endanger vehicular traffic on the property where the kiosk is located and for vehicular traffic ingressing from and egressing to public rights- of-way. f.Submission of an acceptable site plan shall be required for consideration of the issuance of a building permit unless a current valid Certificate of Occupancy exists. g. Limited to one (1) kiosk per platted plot. C.Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1. In accordance with the Special Use Permitprocedures Approval by Special Use Permit Only: contained in this Chapter of these zoning regulations, no carport shall be builtin the City of Colleyville without approval by the City Council for a Special Use Permit toconstruct a carport in a zoning district that permits single family residential dwellings. 2. A carport shall comply with the following regulations, unless the City Council Carport Standards: in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a.: A carport shall not exceed 480 square feet in area. The longest dimension on a carport Size shall not exceed 24 feet. Chapter 3 - Land Use Page 3 - 2 Section 3.27 - Land Development Code Colleyville, Texas, Land Development Code b.: A carport shall not exceed a maximum height of 15 feet. The height shall be measured Height from the finished grade to the highest point of the roof. c. Setbacks: A carport located within ten (10) feet of the principal building shall comply with the front, side i. and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. A carport located 10 feet or more from a principal building may extend into a required side ii. yard, provided all of the following conditions are satisfied: (1)every part of such carport is unenclosed except for necessary structural supports; (2)no part of the carport is less than five (5) feet from a side or rear lot line, and (3)the carport is located completely within the rear yard area as defined in these zoning regulations. d.one Maximum Number Per Lot: e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. i. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. ii. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12”) or more than forty-eight inches (48”). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Chapter 3 - Land Use Page 3 - 3 ORDINANCE O-13-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT10, BLOCK 4OF THE ASHMORE ADDITION, LOCATED AT 2713 HIGHGROVE COURT BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING;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 fora Special Use Permit for an accessory buildingunder Case No. ZC13- 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 WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the Cityof Colleyville City Council, in compliance with the Charter of the City of Colleyville, and state law with reference OrdinanceO-13-xxxx Page 2of 5 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 onLot10, Block 4 of the AshmoreAddition located at 2713 Highgrove Court by authorizing a Special Use Permit foran accessory building,as depicted on Exhibit “A”and Exhibit “B”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.TheSpecial Use Permit shall apply to the construction of accessory building. b.The accessory building shall not exceed 2,462 square feet in size including all covered patio areas. c.The accessory building designand exterior materialsshall be generally consistent with Exhibit “C”. d.All requirements of the Land Development Code shall be met,except where amended herein. OrdinanceO-13-xxxx Page 3of 5 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 abovezoning 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. nd The first reading and public hearing being conducted on the 2day of October2013. th The second reading and public hearing being conducted on the 15day of October2013. PASSED AND APPROVEDby the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City SecretaryMayor OrdinanceO-13-xxxx Page 4of 5 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”–Location and Zoning Map Exhibit “B”–Site Plan Exhibit “C”–Building Elevations WCALD Emerald Drive IRC WCALD Emerald Drive IRC WCALD Emerald Drive IRC Notification List Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Maddox, Ty C Etux Tiffany1200 Hardage LnColleyville Texas 760341200 Hardage Ln Lewis, Mary Belinda7004 RosebrookColleyville Texas 760341201 Tinker Rd Ostman, Neal Etux Janis N1104 Tinker RdColleyville Texas 760341104 Tinker Rd Turpentine, George A1100 Tinker RdColleyville Texas 760341100 Tinker Rd Nunn, Kenneth E Jr1101 Tinker RdColleyville Texas 760341101 Tinker Rd Vigil, Stephen L Etux Theresa1011 Tinker RdColleyville Texas 760341011 Tinker Rd Flowers, Keith1012 Tinker RdColleyville Texas 760341012 Tinker Rd Bolton, Jonathan Etux Carol105 Williamsburg CtColleyville Texas 760341109 Tinker Rd Smith, J Daniel Etux Becky1102 Hardage LnColleyville Texas 760341102 Hardage Ln Sporisky, Jody J & Julie K1100 Hardage LnColleyville Texas 760341100 Hardage Ln Wright, Gary Etux Melinda1006 Hardage LnColleyville Texas 760341006 Hardage Ln Ewing, Stephen Etux Maria1104 Hardage LnColleyville Texas 760341104 Hardage Ln Lane, Lonnie B II Etux Aimee 1106 Hardage LnColleyville Texas 760341106 Hardage Ln Ritz, Frank A Etux Brenda, Applicant1105 TinkerColleyville Texas 76034Applicant Public Hearing notices were mailed Fri., Aug. 30, 2013 by Taci Wrisley Statement of Planning Objectives Zoning Exhibit ORDINANCEO-13-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 1.06 ACRESON LOT 8OF THE MRS. EVA PAUL’S SUBDIVISION,LOCATED AT 1105 TINKER ROAD,FROM THE AG-AGRICULTURAL ZONING DISTRICTTO THE R40-SINGLE FAMILY RESIDENTIALZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for rezoning under Case ZC13-012; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable considerationto, 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 O-13-xxxx Page 2of 3 WHEREAS,the Planning and Zoning Commission of theCity 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 theproperty 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 on1.06acreson Lot 8of the Mrs. Eva Paul’s Subdivision, located at 1105 Tinker Road,from the AG- Agriculturalzoning district to the R40-Single Family Residential zoning district, asdepictedin the attached Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for eachoffense. Sec. 5.THAT ifany 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. Ordinance O-13-xxxx Page 3of 3 Sec. 6.THAT inaddition 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. THAT it has been found that there has been a change in Sec. 7. 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, neral welfare, and requires that this ordinance comfort and ge shall take effect immediately from and after its passage. AND IT IS SO ORDERED. nd The first reading and public hearing being conducted on the 2day of October2013. th day of The second reading and public hearing being conducted on the 15 October2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ___________ day of _______________________ 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMCDavid Kelly City SecretaryMayor APPROVED AS TO FORMAND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit“A”-Location and Zoning Map SION LNS Pleasant Run Road V SION LNS Pleasant Run Road V SION LNS Pleasant Run Road V Notification List Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Hart, Kay Lynn Foster5301 Pleasant Run RdColleyville Texas760345301 Pleasant Run Rd First Baptist Ch Colleyville5405 Pleasant Run RdColleyville Texas760345312 Colleyville Blvd D & V Walker Properties Llc5501 Normandy DrColleyville Texas760345226 Pleasant Run Rd Horobec, John1404 W Irving BlvdIrving Texas750615300 Pleasant Run Rd Lala, Marlene816 Central DrColleyville Texas76034816 Central Dr Groffman, Steven Etux Beth815 Central DrColleyville Texas76034815 Central Dr Hart, Kay Lynn Foster5301 Pleasant Run RdColleyville Texas760345301 Pleasant Run Rd Liberty Bank860 Airport Fwy Ste 100Hurst Texas760545217 Pleasant Run Rd Ethridge, Edgar3324 Dustin TrlHurst Texas760545309 Pleasant Run Rd Clarke Products Inc820 Central DrColleyville Texas76034820 Central Dr Stephens, Jim & Ann Roseberry3604 San Bar LnColleyville Texas76034824 Central Dr Horobec, John626 S Church StGrapevine Texas760515310 Pleasant Run Rd Figueroa, Robert & Beverley817 Central DrColleyville Texas76034817 Central Dr First Baptist Ch Colleyville5405 Pleasant Run RdColleyville Texas760345313 Pleasant Run Rd Nesterenko, Yuliy (applicant)4929 Chaps Ave.Fort WorthTexas76244Applicant Public Hearing notices were mailed Fri., Aug. 30, 2013 by Taci Wrisley Statement of Planning Objectives Site Plan ORDINANCE O-13-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1 OF THE RATLIFF ADDITION, LOCATED AT 5310 PLEASANT RUN ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR A DANCE STUDIO; 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 fora Special Use Permit for adance studiounder Case No. ZC13-013; 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 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 Ordinance O-13-xxxx Page 2of 5 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 intothe 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 onLot1, Block 1 of the RatliffAddition located at 5310 Pleasant Run Roadby authorizing a Special Use Permit fora dance studio,as depicted on Exhibit “A”and described in Exhibit“B”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.TheSpecial Use Permit shall only apply to the use of a dance studio, allowed as described in Exhibit “B”. b.The dance studio shall not occupy more than 4,712 square feet of building area on the subject property. c.The dance studio may operate until 9:00 p.m.and shall, otherwise, operate during daytime hours only. d.Notwithstanding any requirements of the building and fire code, there shall be no more than 45 students occupying the building and/or premises at any one time. Ordinance O-13-xxxx Page 3of 5 e.No vehicle traffic associated with the dance studio may queue or park on any public streetat any time. f.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 ofthis 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 anyand 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. nd The first reading and public hearing being conducted on the2day of October2013. th The second reading and public hearing being conducted on the 15day of October2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. Ordinance O-13-xxxx Page 4of 5 ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City SecretaryMayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A Location and Zoning Map Exhibit B Statement of Planning Objectives