HomeMy WebLinkAboutOrdinances (O-13-1890)-10/15/2013 ORDINANCE 0-13-1890
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 for a Special
Use Permit for a dance studio under 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 0-13-1890
Page 2 of 4
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 1, Block 1 of the Ratliff Addition
located at 5310 Pleasant Run Road by authorizing a Special Use
Permit for a 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. The Special 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. All requirements of the Land Development Code shall be
met, except where amended herein.
Ordinance 0-13-1890
Page 3 of 4
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 2nd day of
October 2013.
The second reading and public hearing being conducted on the 15th day of
October 2013.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the !J, day of a62t.) 2013.
ATTEST: CITY OF COLLEYVILLE
Ii
7 (-44-4c-eei,
Amy '3 elley, T'5 C David Kelly
City Secretary Mayor
Ordinance 0-13-1890
Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit "A" - Location and Zoning Map
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Exhibit "B" - Statement of Planning Objectives
Statement of Planning Objectives
Manna Almayeva School of Classical Ballet
(SUP Application for property located at 5310 Pleasant Run Rd.Colleyville,TX 78034)
Marina Almayeva School of Classical Ballet is a ballet studio currently located at 4209 #8
Colieyville Blvd.Colleyville,TX 76034.
The studio was established as general partnership in May of 2007 by Marina Almayeva, former
professional ballerina trained in Russia and her husband Yuliy Nesterenko.
Primary business activity of the school is teaching classical ballet and several other dance styles
to children aged 3 to 18.The studio was opened in 2007 with no students and over 6 years has
grown to the size of about 90 students on average taking classes. At this size the current facility
of the studio cannot sufficiently accommodate all students and all classes which becomes an
obstacle for continued growth of the business.
The new facility at 5310 Pleasant Run Rd. that the studio is planning to occupy is considerably
larger and has better location from the business development prospective. The intended use of
the building will be dance instructions to children.Classes will be taught by a small faculty of 3-4
dance instructors in 3 dance rooms with 10-20 students in class on average.
The classes use standard household audio equipment and no sounds can ever be heard outside
the building, so there may never be any disturbance of any kind to anyone.
A small part of the facility (small office) will accommodate a Dancewear store, which will sell
dance clothes to the students.
Traffic Impact and Parking
Traffic Impact from the studio will be insignificant even when the number of students increase.
Currently less than 90 students attend the school with estimated number of 50 vehicle trips per
day. Even with growth to 300 students that may take 5 to 10 years the number of trips per day will
still be less than 200.
The largest number of students taking classes at the same time in 3 studios should not exceed
45, but for the time been would be much closer to 25. There is plenty of parking available to
easily accommodate all drop-offs and pick-ups,even if most parents decide to wait in the studio,
which in reality never happens.The majority of students are usually dropped off by their parents
for a couple of hours and picked up later. (Current location has about 6-8 parking slots in front
and more on the back,but the back parking is almost never used.)
The majority of classes take place after 4 pm since most students attend schools in the first half
of the day. Hence,the business hours for this facility will be 11 am to 9 pm.The last class during
the day is usually 7 pm to 9 pm. These classes are for students age 13 and older which is the
group with the lowest number of students. This means that there will be effectively no traffic in
and out of school after 7 pm.
Development Plans
If the special use permit is granted for the facility, the planned renovation project will start upon
receiving building permit.The project will take approximately 30 to 40 days to be completed and
will include partitioning of the facility into 3 dance rooms, lobby and a few small offices, including
the one housing a small dancewear store. If application is granted In October and CO is issued
the studio will start operations in January 2014.