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
ExhibitA-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