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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/23/2002 City of Planning & Zoning Commission Agenda - September 23, 2002 Page 1 of 2 Texas AGENDA PLANNING AND ZONING COMMISSION City Hall - 5400 Bransford Road Monday September 23, 2002 REGULAR MEI!TING: 7:00 P.M. Call to Order: Roll Call: Invocation: Chairman Gasper Commissioners Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Mark Hollis, Jo Ann Gasper Commissioner Wall Pledge of Allegiance Approval of Minutes: September 9, 2002 Recognition of O~tgoing Planning and Zoning Commissioners Jo Ann Gasper and Mark Hollis Swearing in of Newly Appointed Commissioners: Place 1, Bruce Kelly Place 2, Jeff Byerly Place 3, Earl Swift Place 4, Jeff Wall Election of Officers: Chairman Vice-Chairman Appointment of a Recording Secretary Citizen Comments: Regarding items not on the following agenda 1. Case P-02~034 Minor Plat of Pleasant Oaks Estates, Block 1, Lot 7R3, 1.063 acres located at 5912 Pleasant Run Road 2. Case P-02-035 Replat of Town Center Colleyville, Block 2, Lot 1,11.1079 acres located at the southeast corner of Colleyville Boulevard and Church Street P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 Planning & Zoning Commission Agenda - September 23, 2002 Page 2 of 2 3. Case P-02-037 Minor Plat of Tara Professional Center Addition, 1.2016 acres located at 1105 Cheek Sparger Road 4. Case P-02-038 Final Plat of Sparger Felps Addition, 1.4353 acres located at the northwest corner of Cheek Sparger Road & Felps Drive 5. Case 2-02-025 PUBLIC HEARING - A Special Use Permit for Automotive Repair & Service with Outside Storage on Lot 1, Block 1, Highway 26 Industrial Addition, located at 6804 Colleyville Blvd. 6. Staff comments, reports and discussion items. The following items were received on the last case submittal cycle and may be placed on a future agenda: · Case P-02-035 Minor Plat of Lots 1 & 2, Hyde Addition, 1.9929 acres located at 4508 Bill Simmons Road · Case Z-02-026 A Special Use Permit for a Carport on Lot 25R, Block 1, Rustic Oaks Addition, located at 209 Valley View Drive S. · Case SP-02-010 Site Plan for Monterra Creek Studio on Lot 1 R1, Block 1, Monterra Place, located at 1700 Tennison Parkway 7. Commissioners' comments and reports. AD.JOURNMENT I cer.tify that this agenda was posted on the Bulletin Board at City Hall on Friday September 20, 2002 at 4:3Q p.m. .'t Jan Levy, Planning and Zoning Assistant PLANNING & ZONING COMMISSION Meeting Minutes - September 9, 2002 Chairman Jo Ann Gasper called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on September 9,2002. Roll Call: Present: Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Mark Hollis, Jo Ann Gasper Absent: Jeffrey Wall Staff: Clayton Husband, Jeff Jones, Jan Levy Invocation: Commissioner Hollis Pledge of Allegiance Approval of Minutes: August 26, 2002 Chairman Gasper moved to approve the minutes of the August 26, 2002 meeting (the revised draft copy that was distributed prior to the meeting) as written. Commissioner Culley seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Citizen Comments: There were none. 1. Case P-02-029 Replat of Lot 1, Block 1, Monterra Place, 2.5175 acres located at 1700 Tennison Parkway Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He also told them about the existing businesses on the other commercial lots in Monterra. The applicant was present; however, there were no questions from the Commission. Chairman Gasper moved to approve the replat. Commissioner Sellers seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Planning & Zoning Commission Minutes - September 9, 2002 Page 1 of 5 - D R AFT #1 (09110102) 2. Case P-02-030 Preliminary Plat of Old Grove, 45.460 acres located north of McPherson Park, west of the Westmont subdivision Commissioner Sellers recused himselffrom the Commission and did not enter into discussion of the case. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He discussed the zoning; open space; emergency access; Colleyville Pathways Plan; and the intersection at John McCain Road. He said the plat shows a conceptual plan for the realignment and dedication of right-of-way, but the actual construction documents for this street construction will be included with the engineering construction plans submitted with the final plat. Commissioner Swift asked Fire Marshal Jones if the width of the streets and the access to the subdivision were adequate and if Fire Marshal Jones was happy with the plat. Fire Marshal Jones responded that the only comment the Fire Department had was about the access being on another lot outside this plat and they have been assured that since Mr. Bagwell actually owns that lot, it will be addressed prior to construction beginning on the property. He said he is happy with the layout of the subdivision. Chairman Gasper asked staff about getting the appropriate easements across the adjacent property and what the appropriate procedure is for that. Clayton Husband said there will be a separate instrument filed on the portion that is not on this plat. He said this plat will dedicate the area needed for the access and there is only a very small portion on the adjacent lot that will require the developer to obtain a separate easement dedicated for emergency access purposes and will be recorded in the County records. Chairman Gasper asked if there was anything the Commission should do to ensure that the emergency access happens since it goes between two lots. Clayton Husband responded that staff would not authorize construction on this particular development until the emergency access easement is in place. Commissioner Hollis asked staff if both sides are in agreement and aware of what needs to happen to make sure the emergency access easement exists. Staff responded that this is not an uncommon easement that has to be obtained. Eddie Eckert, Goodwin and Marshall, was present to represent the case. He distributed displays of the previous preliminary plat for Westcliff Addition that was approved early in 2002 and a copy of the revised Westclifffinal plat with the current Old Grove preliminary plat exhibit. He said David Bagwell wanted him to point out the main purpose for the revisions that were made to the preliminary plat that was approved in early 2002 was because of the grove of oak trees located along the eastern boundary of Old Grove. Eddie Eckert said the idea is to preserve the grove of trees and maintain it as a private open space since it abuts both phases of Westmont as well as this phase of Old Grove. He said the private open space would be owned and maintained by the HOA. He said the developer was able to follow all of the guidelines established by the PUD and addressed any other comments staff had. Chairman Gasper said she was delighted Eddie Eckert brought a copy of the earlier plat because she thought there was a street that was to become the emergency access. Eddie Eckert said he Planning & Zoning Commission Minutes - September 9, 2002 Page 2 of 5 - D R AFT #1 (09/10/02) and the developer were left with an either/or alternative by the Council upon their approval of the earlier plat. Eddie Eckert responded to Chairman Gasper's question about lot yield that there is one extra lot in the subdivision and that is Lot 1, Block F on the south side as one enters street A. He said it will be a difficult lot to build on, but there is potential to do something unique on the lot. Chairman Gasper said the topography lines indicate there are steep grades on that lot and asked what impact that would have on drainage. She also asked at what point is the drainage plan for the subdivision. Eddie Eckert said he has looked at a preliminary drainage analysis and this plat added another detention pond in the northwest corner adjacent to the Westmont Subdivision and they will be able to reduce the amount of run-off and possibly avoid potential flooding problems downstream of this development to the northeast in existing residential areas. He said that they are mandated to bring detention back to existing conditions and they will be able to provide that and don't see any problems with meeting the guidelines. Mr. Eckert said they have turned in a set of construction plans for Westcliff Phase I and they are able to detain beyond the existing conditions and they hope to do the same with Old Grove. He said they are able to restrict the flow on the very low flow conditions as well as the high flow and many times it's the low flow conditions that people notice. He said the 100 year event is very rare, and yet that is what they design for. Chairman Gasper asked if the orange line going along the parameter of the subdivision on the plat is the proposed trail. Eddie Eckert responded it is, but the one area that is difficult to see is where the trail will cross street A at the intersection of street A and John McCain with the idea that at some point the trail from Westmont would be able to be connected to this subdivision. He said there are three lots in the Neidholt Addition on the south side of John McCain that the developer does not own, so he cannot make the physical connection and at some point the City would need to acquire right-of-way in order to make that connection. He said the developer of Old Grove will have a street crossing in that location so you could make the connection on the south side of John McCain where the trail is currently stubbed out. He showed on the exhibit where the gap is and where the connection needs to be made in order to connect the two subdivisions. Commissioner Culley said he received some comments from citizens that had seen the preliminary plat and liked the idea of preserving the trees on the eastern boundary and this plat accomplishes that. Eddie Eckert said that David Bagwell made a strong effort to notify the current Westmont residents and let them know what the plan was and what his intention was to preserve and save the oak grove. Commissioner Culley said the developer's efforts are very positive for the area. Chairman Gasper commended the developer, David Bagwell, on trying to maintain the trees and beautify Colleyville. She said the e-mail the commissioners received was from John Bolton. She said even though this is not a public hearing, they do appreciate hearing from citizens. Chairman Gasper moved to approve the preliminary plat of Old Grove. Commissioner Jones seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Hollis, Gasper Noes: None Planning & Zoning Commission Minutes - September 9, 2002 Page 3 of 5 - D R AFT #1 (09110102) Commissioner Sellers rejoined the Commission. 3. Case Z-02-024 PUBLIC HEARING - Special Use Permit for an accessory building on Lot 5A Sand Oak Acres located at 4508 Jim Mitchell Trail West Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He told them that staffs recommendation was only because of the non-compliance with the land Development Code, however there are few significant issues with the request. He said the commissioners need to consider the impact the use has on the neighborhoods and regard the citizens comments when they make their recommendation. Chairman Gasper opened the public hearing. The applicant, John Janovetz, told the commissioners that when he bought the house, he thought the lot was one-half acre and if it was one-half acre they would not have to seek a special use permit for the accessory building because it would have met the size requirements. He said he has not received any negative comments from his neighbors. He asked the commissioners what the impact of the staffs negative recommendation would have on the case. Chairman Gasper explained the procedure for approving the special use permit. There being no one else present wishing to speak, the public hearing was closed. There were questions by the Commission about the letter of request that was submitted by the applicant that mentions the need for storage for his tools and how he works on airplanes. The applicant told the commissioners that he would only place his tools in the accessory building and the airplane would will stay at Meacham Airport. He said he builds parts for antique airplanes as a hobby. Commissioner Hollis asked the applicant if he will be using any chemical process in building the parts. Mr. Janovetz responded that he will not be using any process that produces fumes. He said most parts are not sheet metal, but will be like an exhaust manifold. Commissioner Culley asked if Mr. Janovetz's hobby involved noise late at night. The applicant responded that his equipment is not noisy and the doors to the shop will be closed. He said the building will be heated and air conditioned. He said that the back side of his property abuts approximately 16 open acres and he would not do anything detrimental to his neighbors. Chairman Gasper asked staff if there was a possibility that when the street was dedicated there was a loss at property tor the right-at-way that caused the property to become less than one-half acre. Staff responded how the minimum lot size in the R20 zoning category is 20,000 s.f. and that is not one-half ot an acre, but is generally referred to as a half-acre lot. Commissioner Swift said it may be worth pointing out that when he toured the area, he noted the proposed building is consistent with other buildings in the neighborhood. Commissioner Jones moved to recommend approval of the special use permit for an accessory building. Commissioner Swift seconded the motion. The vote being: Planning & Zoning Commission Minutes - September 9, 2002 Page 4 of 5 - D R AFT #1 (09/10102) Ayes: Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 4. Staff comments, reports and discussion items: Clayton Husband informed the staff about the proposed joint meeting with City Council sometime in October to consider an update of the Master Plan. He said staff would forward the meeting time and place to the commissioners. The staff and commissioners discussed the scope of the project. 5. Commissioners' comments and reports: Chairman Gasper told the commissioners that the Council will be discussing and appointing Planning and Zoning Commission members on September 17th. Commissioner Swift said he appreciated that his packet was delivered to his home on Friday. ADJOURNMENT: The Commission moved to adjourn the meeting at 7:45 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant levvi@ci.collewille.tx.us Approved on: NOTE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - September 9, 2002 Page 5 of 5 - D R AFT #1 (09/10/02) .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 23,2002 P-02-034 - Minor Plat of Pleasant Oak Estates, Block 1, Lot 7R3, 1.063 acres located at 5912 Pleasant Run Road. STAFF REVIEW COMMENTS: Evan and Jill Smith are the owners of a 1.063-acre parcel of land located on the west side of Pleasant Run Road, between Shelton Road and Beverly Drive. The owner has submitted a Minor Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create one single-family residential lot. The following is a summary of the major items associated with this Minor Plat. Pleasant Run Road. The owner is dedicating additional right-of-way for Pleasant Run Road adjacent to this property. The total right-of-way requirement for this portion of Pleasant Run Road is 75 feet. The owner will be dedicating 12.5 feet of right-of-way, which is the requirement for this property. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. 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I . \ . ------.._._,.~I..:.------.:-:..;~----..-_.,..----- '''--: L \\...-... i : \ ! i i 1 2 ! ! 3 ii ,1./ .1 Location Map CASE # P-02-034 - Lot 7R3, Block 1, Pleasant Oaks Estates .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 23,2002 P-02-035 - Replat of Town Center Colleyville, Block 2, Lot 1, 11.1079 acres located at the southeast corner of Colleyville Boulevard and Church Street. STAFF REVIEW COMMENTS: Herman Smith & Company is the owner of an 11.1 079-acre lot located on the south side of Church Street, east of Colleyville Boulevard. The owner has submitted a Replat of the property for review and consideration by the Planning & Zoning Commission. The plat will divide the existing lot into two commercial lots. The plat will create a 60,000 square foot (Lot 3) for the future construction of a new bank. The remaining lot (Lot 1 R) is not proposed for development at this time. 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II.l~l .G,. - ~-'I g~a~ l'Yi n 1 i c.:>> c:::> l!;oo ,1 \ hi i 'I ~ - ~ ~i~ i:1tl I ,~. -.1" "~5!" i.sa ii iu I it = i~ !tn .., 0- - ;~~ II' .."'~ e:jt t::; ~~ ~ ~s ~o- ~~I u ~ ~ ~..~Lf ~~ ~EIi:I, ~i:r II i I Ii I ~del, a ll~ ~=i~e ~ !\I~ml j .....t! ~I r -t g-~ lt9...: n;#~~ ,.~~ S'~o:rQ: ~. ~e' CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX. TO FAX. NO FROM September 12, 2002 David Myers 817-282-0401 Clayton Husband, AICP, Development Coordinator SUBJECT P-02-035 Replat - Town Center Colleyville, Block 2, Lots lR and 3 The Colleyville Development Review ColIllllittee (DRC) has reviewed your Replat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. The legal description for the adjacent property called out as R.F. Cree should be listed as Bojku Family Addition, Block 1, Lot 1. This plat is recorded in Cabinet A Slide 4675. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are required for this property. The fees for the original Lot 1 have not been paid at this time. The outstanding fees for this property is $ 8,886.32. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general infonnation on the fees that could be assessed. Please be advised that the impact fees are being reconsidered by City Council and the collected fee may be increased within the next 30- 45 days. The actual fee paid may be different depending upon the specific plans for construction. ROADWAY $1,542 per 1000 sq. ft. Gross Floor Area for BANK uses. $773 per 1000 sq. ft. Gross Floor Area for SPECIALTY RETAIL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $1,790 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $128 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER P.O. Box 185-Colleyville, Texas 76034-817.577.7587 DEVELOPMENT REVIEW COMMITTEE P-02-035 TOWN CENTER BLOCK 2 4. SIDEWALKS. The Land Development Code requires the construction of hike and bike trails along Riverwalk Drive and Church Street. The trails must conform to the provisions of the Colleyville Pathways Plan. The trail must be a minimum 12.5 feet wide along this property's frontage on Riverwalk Drive and Church Street, and must be constructed at the same time any new structures are built on the lots. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, September 23, 2002, 7:00 p.m. not required RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies of the revised Replat drawing · one 812" x 11" reduced copy of the revised exhibit . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, September 18, 2002 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE20F2 David c. Moa~.urveyors, Inc. Registered Professi_l Land Surveyors David C. Moak, R.P.L.S. Consultant Texas . New Mexico. Arizona . Nevada · Acreage · Topography · Subdivisions · Loan Surveys · Investigative Surveys · Construction Layout David W. Myers, R.P.L.S. President September 18, 2002 Clayton Husband City of CoUeyville 5400 Bransford Road Colleyville, Texas 76034 Re: Lots lR &: 2R, Block 2, Town Center Colleyville Your Case No. P-02-035 Dear Clayton: This letter is to inform you that we have made the following revisions to the above mentioned plat as you requested: 1) The legal description for the adjacent property called out as R. F. Cree has been changed to Bojku Family Addition. As always, we deem it a pleasure to prepare plats in the City of Colleyville and should you have any additional comments please do not hesitate to call, fax or e-mail us. Jason B. Rawlings, S.1. T. David C. Moak Surveyors, Inc. jbr@moaksurveyors.com 105-B Bedford Rd. . Bedford, Texas 76022-6208 . Metro (817) 268-2211 . Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying & Mapping .$ Texaa PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 23,2002 P-02-037 - Minor Plat of Tara Professional Center Addition, 1.2016 acres located at 1105 Cheek Sparger Road. STAFF REVIEW COMMENTS: David and Mary Ann Myers are the owners of a 1.2016-acre parcel of land located on the south side of Cheek Sparger Road, just east of the Tara Village shopping center. The owner has submitted a Minor Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will divide the existing lot into two commercial lots. The property is zoned CN Neighborhood Commercial. The CN district allows office uses and some retail activity. The owner proposes to construct new office buildings on this property. The lots meet the requirements of the CN district. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION: Approval ATTACHMENTS: · Location map · Plat · ORC Review Memo · Surveyor Response Letter 4:,~ Prepared by: Agenda Item No. 3 - Page 1 1 G k >________ -l1 I t ., , t , . t \\ \ <~;~ 15 l ~ I ) -_/ 13 12 11 9 --\ 1R ..----------- ~.~() ro ) \~~ pD rrB 3 4 -- -- ---- ----- TR 5A1 TR 5A 2.445 AC TR 5A2C .4B AC 5A2A .234 AC LV 5R 1'f.,t{~~lsl 1 p.,~41) A~ --- ------------ ,~ ~~ .;"1- ! i , I I '0 I , ! I 1& ;c~ ~ ~< I ! { f0G 2 ~ ('-) I . 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I.' , ~~ Iii lii~ ~ :;;0 i~' Il:i ., ~~ '" J 1l:1E .! ~3 Iii 1m CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE September 12, 2002 FAX TO David Myers FAX NO 817-282-0401 FROM Clayton Husband, AICP, Development Coordinator SUBJECT P-02-037 Replat - Tara Professional Center Addition The Colleyville Development Review Committee (DRC) has reviewed your Replat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. Move the title block to the lower right hand comer of the drawing. 2. Verify the lot dimensions along the south line. There appears to be a discrepancy between the overall distance and the sum of the lot dimensions. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are not required for this property, as this property is already platted. The fees are only applicable to property for which a final plat has not been formally submitted to the City for approval. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Cheek Sparger Road is considered an unimproved street and the plat contains a commercial lot. The owner is required to construct one-half of the street adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. The escrow amount calculated by the Engineering Department is $9,736.67. This escrow must be deposited with the City prior to the issuance of a building permit on the lots. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. Please be advised that the impact fees are being reconsidered by City Council and the collected fee may be increased within the next 30- 45 days. The actual fee paid may be different depending upon the specific plans for construction. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE P-02-037 TARA PROFESSIONAL CENTER ROADWAY $790 per 1000 sq. ft. Gross Floor Area for OFFICE uses. $773 per 1000 sq. ft. Gross Floor Area for SPECIAL TV RETAIL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $1,790 for a I-inch meter. Actual fee depends on water meter size and/or ifa new meter is installed. $128 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 4. SIDEWALKS. The Land Development Code requires sidewalks along Cheek Sparger Road. The sidewalk must be constructed at the same time any new structures are built on the lots. The sidewalk must be at least 5-feet wide. Alternatively, the owner may escrow an equivalent amount of money for the future construction of the sidewalk at the time of building permit Issuance. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, September 23,2002, 7:00 p.m. not required RESUBMllT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies of the revised Replat drawing · one 8W' x 11" reduced copy of the revised exhibit . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, September 18, 2002 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. C: ENGINEERING DEPT ARE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE 2 OF 2 David c. Moa~~$urveyors, Inc. Registered Professi~l Lapd Surveyors David C. Moak, R.P.L.S. Consultant Texas . New Mexico . Arizona . Nevada · Acreage · Topography · Subdivisions · Loan Surveys · Investigative Surveys · Construction Layout David W. Myers, R.PLS. President September 12,2002 City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 Attn: Clayton Husband Re: First set of Comments - Tara Professional Center Your Case No. P-02-037 Dear Clayton: lIDs letter is to inform you that we have made the following revisions to the above mentioned plat as you requested: I) The title block has been reconfigured and moved to fit in the lower right hand comer of the Plat; 2) All dimensions of the Lots have been checked and changes made due to an error in the south dimension of Lot 4R2. Thanks for catching that; In addition, the Perimeter Street Fee will be paid ($ 9,736.67) by the Owner prior to issuance of the first building permit (Lot 4R2 will probably be the first Lot to be built on) and the Roadway, Water and Sewer Impact Fees win be paid by the BuyerlBuilder of each Lot; As always, we deem it a pleasure to prepare plats in the City of Colleyville and should you have any additional connnents, please do not hesitate to call, fa.x or e-mail us_ Sincerely, cj.JLw.~ _ John W. Morgan. RPLS David C. Moak Surveyors, Inc. jwm@moa.ksurveyors.com cc: David and Mary Ann Myers, Owner/Applicant 105-B Bedford Rd. . Bedford, Texas 76022-6208 . Metro (817) 268-2211 . Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying & Mapping .$ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 23, 2002 P-02-038 - Final Plat of Sparger Felps Addition, 1.4353 acres located at the northwest corner of Cheek Sparger Road and Felps Drive. STAFF REVIEW COMMENTS: Tommy Cunningham has submitted a Final Plat on a 1.4353-acre parcel of land located on the west side of Felps Drive, at the corner of Cheek Sparger Road. The plat will create six single-family residential lots and one open space lot for a single family development. The following is a summary of the major items associated with this Final Plat. Zoning. This property is zoned PUD-R, approved by Ordinance 0-02-1340 on June 4, 2002. The overall density of the development is 4.18 dwelling units per acre. The smallest lot is 8,999 square feet in area, with an average lot size of 9,438 square feet. These lot sizes are consistent with the approved PUD-R ordinance for this development. lot Width. Lot 6 does not meet the minimum required width of 95 feet. Lot 6 is 90 feet wide. The developer is requesting a waiver of the lot width requirement for this lot. The approved PUD-R zoning exhibit shows a lot width of 89.99 feet for Lot 6, and the approved ordinance requires 95 feet. Open Space. The PUD-R ordinance for this property requires that 6,290 square feet (approximately 10%) of the total development be designated as open space. The open space lot located along Cheek Sparger Road comprises 5,894 square feet, or 9.4% of the development. The developer is requesting a waiver of the open space area requirement. The north-south dimension of the plat is an average of 3.29 feet shorter than the same dimension on the zoning exhibit. The boundary for the plat was based on a field survey, but the zoning exhibit was based on existing deed information. The difference was taken out of the width of the open space lot rather than the single family lots, resulting in a reduction of 396 square feet of open space. Colleyville Pathways Plan. This property is subject to the provisions of the Colleyville Pathways Plan, which requires a 1 O-foot wide hike and bike trail to be constructed along Cheek Sparger Road. The trail is required to be built with the public improvements to the property. The plat shows the location of the trail. Agenda Item No. 4 - Page 1 The developer's engineer has responded to all Development Review Committee comments. The response includes requests for waivers from the width requirement for Lot 6 and the open space area requirement. This plat requires approval by the Planning and Zoning Commission and the City Cou neil. RECOMMENDATION: Denial, due to technical non-compliance with the approved PUD-R ordinance ATTACHMENTS: · Location map · Plat · DRC Review Memo · Engineer Response Letter Prepared by: Agenda Item No. 4 - Page 2 TR 1E1 1.70 AC 10R 11 R 1 2 21 20 19 18 1 7 "'" h' ~O, ~" 3 4 5 ~ ~ ". ..; 6 7 8 9 8 10 1 1 10 !:\;) !:\;) 9 --, .,. 12 1 3 13 14 15 16 17 16 18 _ _____ __ __ ____=c:l1.E:~~K__s:tK~lr_e.:..~__=gJ)..... -- - - =-- --- :':"" - --- -- -- -- --- - - - - - - '"" 2 _ .3J~~: 230 ,,~1 ~ ...... MOUICIlIY &I1U ........ .~) Ii ." U' ~ ; .,{. S', ,1 .. "111 ~. S .,.". I II' · . ~I I', f 1'1 I') fllf f iil l~llI ~lll! ~~ ~~I ~i ~ll~i~I!! f I~I ~ lij: ~ ldlll i!1! ill ~P.Mllilf.1 · liu it ;111 I! '~~~I! AD:J .q gU'!!itllffl I~ff ')11"1 h Isi-' N~ III f!'I-Um it I ! J I f .1_.. II .1 I ~I -. ;i IjlJlJ' 11~J' ~!I; J!: Ij;t~ll!:!i I!! ~;~, pjUl~u.J ~ 1m I .ftJ III IIIP-I 1'.1 I, 111'1 tl! I~ -- 1'111 J 1;11 I J hI.' 11 2 I', ~ r ',. II 3;;! iI! IiIllh ulni dlll,~! J!~iin!ll~ I ~ Ii ~ ~ ;~~HI ~ s <III 1!I~I~Ui ~ ~ & 5 !~! i II h I I.!.~ ;;.I;.~III ~ a ~ c~~ II S~gl ~I~ ~ i \ I ~ ~ ~ I ~ ~ - ~ ~ I ~i! I ,lh:~1 ii ~ ~ ~~i i &~~I;III Sl ~~ II B~ I o :0; Eo< 8 ~ ! ~~~ $jj ACUFF I.\NE . I ~ .11 I ~~ ~u~ ~I~ 'If ~l"DI 1 --"~" -------, 'I 25' B.l.. I "-! I ~ ~ i 110 ~, : ~ I I I I I I: ul h il. I' I ': ,~ h 8, h Ii 1& II I. I ~ I I 1 :-1 L" I~ I I I I 1 I c: I I 1 I I I I ,! .: I I I I I I , ,! .: I I I I - I I I li~ .1,; :.. 10 I~ I 1 I I: .: I I I I _~ 'I II 51 ,: .aL T;I ~ c~~ !2zi:j ~!!!'1 ;~3 ill ~!i!~~ ~~~~ ~bi :;/lij..... ~~~~ ~c~~ .J~e ~~~~ ~::i ~ ~ ~ ~ l:!.. .. c.. .. ~: ~ 9 E ~ -~ ~I _~I Sl~~ .5~ ~I~ "I' M~ ~I~ ;S ~ t- 9 i !;~ ~b9 ~:.. ~..... -t->- ~99 ~8 a _ ... ., .. .. w 2: '" ~ a ~ ~, "II ~ M~ !I~ -~ 51 i!' ~8 >- d 0" ... d z >-.. ... 9 ~ ~l I ~ I ~I : I I il:~ tU:, ~h t,,#1 llil ~ , I Ut'l ~ f: I , 1111 I ~ill i i!d I i!,~ · tl~1 I -- a' ~ ~ 4,1 t -' lit'. t ~i IIld 1 I I I I I I I I 1-' ,,; I'" I~ ~h HI i ]i~ 1:( I gl ,i Ii! ~ !~it !! IiI; ii~i -~ 51 _~I ii~ o~.~ ~h "I! !~~~ .e.~ ~I~ ~ -~ 51 ; s ~ d bl :'/il ~~~ ~ ;II!_ I ~I!i!~ ill .. ~..; I! i ~i ~ 2 I!ia ~ ~ ~~h .~a DII!~ ~~,,~ ~d~ ~I~ ..... ...... ~ ....-. --,...... ....-. -- ...---..... - CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE September 13, 2002 FAX TO Ernest Hedgcoth FAX NO 817 -831-6368 FROM Clayton Husband, AICP, Community Development Manager SUBJECT P-02-038 Final Plat - Sparger Felps Addition The Colleyville Development Review Committee (DRC) has reviewed your Final Plat request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. The review of this plat and related engineering plans was based on Ordinance No. 0-02-1340, adopted by the City Council on June 4, 2002, and on the PUD-R regulations contained in the Land Development Code. PLAT DRAWING 1. The right-of-way for Cheek Sparger Road needs to be verified. Tie down the existing right- of-way with monuments on the opposite side of the street, and show the dimension on the plat. The required right-of-way established for this roadway by the Master Thoroughfare Plan is 75 feet. The required right-of-way dedication along the frontage of the property is 37.5-feet from the centerline of the existing right-of-way. Show the right-of-way dedication on the plat. 2. Add a 7.5-foot wide drainage and utility easement across the rear of each lot. 3. Lot 6 does not meet the minimum lot width requirement of 95 feet. Revise the plat accordingly. 4. The PUD-R ordinance for this property requires that 6,290 square feet of common open space be provided adjacent to Cheek Sparger Road. Lot 7 only provides 5,894 square feet. Revise the plat accordingly. 5. Remove the 25-foot building line from Lot 7. Show the entire Lot 7 as a drainage easement. 6. The following note must be added to the plat: This residential subdivision shall serve as a buffer area between the adjacent residential properties and the future commercial area adjacent to Colleyville Boulevard. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE P-Q2-Q38 SPARGER FELPS ADDITION 7. The PUD-R ordinance for this property requires the construction of a metal ornamental fence along the north property line of Lot 7. The fence must be constructed prior to the issuance of a certificate of occupancy for the residence on Lot 6. 8. The PUD-R ordinance for this property contains specific provisions for all houses constructed in this subdivision. It is recommended that the owner review these provisions, which are attached. TREE PRESERVATION Trees not located within the right-of-way must be preserved during the construction of the subdivision. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence or other similar fencing with a four-foot (4') approximate height. The fencing must remain in place during the entire construction period. ENGINEERING CONSTRUCTION PLANS The Engineering Department, Fire Department and Public Works Department have reviewed the engineering construction plans. Comments on the paving, drainage and utility plans are noted on a set of marked-up plans. These plans are ready to be picked up for revisions. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-577-7587. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the final plat. The fee for single-family residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided to the Engineering Department, and all fees must be paid at the time of final acceptance of the subdivision. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Cheek Sparger Road, Felps Drive and Acuff Lane are considered unimproved streets and the plat contains more than one residential lot. The developer is required to construct one-half of the streets or provide an equivalent amount of cash escrow for future improvement by the City. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. Please be advised that the impact fees are being reconsidered by City Council and the collected fee may be increased within the next 30- 45 days. The actual fee paid may be different depending upon the specific plans for construction. PAGE20F 3 DEVELOPMENT REVIEW COMMIITEE P-Q2-Q38 SPARGER FELPS ADDITION ROADWAY $981 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $1,790 for a I-inch meter. Actual fee depends on water meter size and/or ifa new meter is installed. $128 for a I-inch meter. Actual fee depends on water meter size and/or ifa new meter is installed. WATER SEWER 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. Sidewalks constructed along Felps Drive and Acuff Lane must be a minimwn of 4-feet in width and constructed in the area between the pavement and the adjacent property line. The sidewalks must be constructed when new structures are built on the lot. The sidewalk along Cheek Sparger Road must conform to the provisions of the Colleyville Pathways Plan. The sidewalk must be a minimum 10 feet wide along this property's frontage on Cheek Sparger Road. All sidewalks and trails shall be built. to the specifications contained in the Land Development Code. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, September 23,2002, 7:00 p.m. Tuesday, October 15,2002, 7:30 p.m. RESUBMllT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies of the revised Replat drawing · one 8W' x 11 II reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, September 18, 2002 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.coIleyviIle.tx.us if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBUC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE30F3 ERNEST HEDGCOTH Consulting Engineers, Inc. PLANNING . DESIGN · ENGINEERING September 18, 2002 Clayton Husband, AICP City of Colleyville Community Development Department P.O. Box 185 Colleyville, Texas 76034 Ref: P-02-038 Final Plat Sparger Felps Addition Dear Mr. Husband; Attached are 15 copies of the revised replat and one 81/2 xlI reduced copy. The plat has been revised according to your comments of September 13, 2002 as follows: 1. The right-of-way for Cheek Sparger Road is shown and tied to the monuments on the south side. 2. Seven and halffoot easement has been shown across all of the west line of the plat. 3. & 4. Lot 6 and Lot 7 are requesting a variance to allow the differences mentioned. The areas shown and the widths are the same as were shown on the PUD-R exhibit. 5. The building line for Lot 7 has been removed. 6. The note concerning the buffer zone has been added to the plat. 7. The fence along the north property line of Lot 7 will be installed. 8. The residences will be 2000 square feet and they will comply with the City ordinance 0-02- 1340. This plat is scheduled for the Planning & Zoning Commission September 23, 2002. Thank you for your assistance. Sincerely ~.~ Ernest Hedgcoth, P~E. 2002-008-city-comm 5701-C Midway Road Fort Worth, Texas 76117 817-831-7711 .~ TexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 23,2002 Z-02-025 - Public Hearing - Special Use Permit for Automotive Repair & Service with Outside Storage on Lot 1, Block 1, Highway 26 Industrial Addition, located at 6804 Collewille Boulevard. 5T AFF REVIEW COMMENTS Total Enterprise Inc. is the owner of a property and building located at 6804 Colleyville Boulevard, immediately south of Tennison Parkway. Johnny Stowe has applied for a special use permit application to operate an automotive repair service business at this location. Mr. Stowe used to operate a similar facility on Pleasant Run Road. The property is one acre in size with frontage on Colleyville Boulevard. The property is platted. There are two buildings on the site, with the smaller front building containing offices and a larger warehouse-type rear building. There is little landscaping on site. The property is fenced on the north and south sides with a wooden fence and on the west side with a chain link fence. The applicant proposes to use the larger rear building to operate an automotive repair service business. The activities taking place in the building would include general maintenance of vehicles (oil changes and tune-ups), brake repair, hose and part replacement, and other minor work. Paint and body work or major repair to engines and transmissions would not be done at this site. The building is presently used to provide minor maintenance to passenger busses. The property is zoned ML Light Manufacturing. The current use of the property is a related automotive repair use. The Land Development Code requires a Special Use Permit for automotive repair uses in the ML zoning district. IMPACT ISSUES 1. Master Plan. The proposal is compatible with the Master Plan, which indicates commercial and retail uses for the property. 2. Surrounding Properties. The property located north of the site is zoned PUD-R, but is zoned to allow commercial uses allowed in the CC1 zoning district. The properties to the south and across Colleyville Boulevard are zoned ML Light Manufacturing and are used for commercial purposes. The property to the west is zoned PUD-R and is developed as single-family residences. The lot immediately abutting this property to the west is used as private open space. 3. Development Trends. This area is experiencing significant development. A new dental clinic is about to open just north ofthe site. In addition, there are two proposed Agenda Item No. 5 - Page 1 commercial businesses on the property to the north. The trend in the area is for continued development of commercial and retail businesses along Colleyville Boulevard. 4. Infrastructure. The existing utilities in this area will adequately serve the proposed development. The building is connected to public water and sanitary sewer. 5. Current Zoning Suitability. The current zoning of the property is compatible with the proposed land use. Most of the surrounding properties are zoned commercial. 6. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $360,000. The estimated City property tax revenue for the undeveloped property is $1,250 annually. 7. Sales Taxes. Sales tax revenue is generally limited for automotive uses. In some cases, sales tax would be collected on parts that are sold separate from a packaged service. For example, if an oil change service has a fixed price that includes parts, the parts used for the oil change are not subject to sales tax. If the parts are purchased separately, the parts are subject to sales tax. 8. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Automotive repair services generate 1.6 to 5.4 trips per 1,000 square feet of building area, on average. The 4,700 square foot building may generate 8 to 25 trips per day. The following table shows the recent traffic counts for Colleyville Boulevard during a 24-hour period. Location 24-Hour Total Date Tinker Road intersection 30,366 vehicles 2001/2002 John McCain intersection 43,625 vehicles 2001/2002 Staff mailed eleven (11) notices to adjacent property owners regarding this request. No correspondence has been received regarding this request. SUMMARY The Stowe family operated an automotive repair business on Pleasant Run Road for many years. Due to a death in the family, the business on Pleasant Run Road was closed. The owners desire to relocate the business to a different site in Colleyville. The site on Colleyville Boulevard provides a more appropriate location for an automotive repair facility. The property is zoned ML Light Manufacturing and the building is currently being use for a similar type of business. Given the location of the building on the site, vehicles waiting for repair will be parked at the rear of the property and not be visible from the streets. The Monterra subdivision is located immediately west of this site. The closest residence to this building is 425 feet to the west. The residential property is further buffered by a creek and densely treed area. The properties north and south of this site are zoned to allow commercial activity. Agenda Item No. 5 - Page 2 ." --...---.--....-.."---.......----......".------..-.",...--~_.~..._^~._._"_.._..--,_........,."_.".._' ~_._- Since this request is for a Special Use Permit, the Commission and Council may place conditions on the approval of the request. These conditions could include the installation of landscaping or screening, signs, limitations on specific activities on the site, and time limits or periodic renewals of the Special Use Permit, provided the conditions are designed to reduce the negative effects associated with the use on adjacent or surrounding properties. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: September 23, 2002 City Council: October 15 and November 5, 2002 RECOMMENDATION Approval ATTACHMENTS: · Location Map · Zoning Map · Zoning Exhibit · List of Property Owners Notified · Draft Ordinance Prepared by: Agenda Item No. 5 - Page 3 ) 5 .979 ~.. BRRt\ 4 .648 @ ,1AO:~ 1 . ~roA~ 1R lR B t-1C 2.517 @ r t\R~l>t\& lR '3 2X 3.438 @ 4 1Rt IN ~ 'f~ 14A "'~, -' - -- ."...- _A' 12 13 (q .J 1 J ... ~ ~ A (fJ 9 "U '0 'j(Ol'l'i~ " v TR 2A 0 tI 4.307 AC 1 ~ 1 8 4 2 3 @/ I f(". I ., !!/ . _ lR \~c n .~ l I: Location Map CASE # Z-02-025 - Special Use Permit _. ___.__.._"_____._w..~.~__>."_'"_..___..___.,___."__.__---"~.,'-.>>,~"~~,---,...,..--,.- ~-: ~~"'" ~ '"%~' CB:Lj' , , , __...- l- \ I ~Q~ .. I 'i IT, ~ ~l I ,~~ ~~ ~ ~~ T r \ - (~ - ~ I 1 ,~, ~ ~ t'J ,1, ~ I = ~:i ~-~-= -++-f-~ ~ I ~-- ~.~~~~ ~ UJ oiTz'" tu / ~ c- '- -11 ~~v 'e II I <-- '--,s \-, I- dR r- ~ fmffi )-~Ah J--~ \ I IJJ~ 1l~~>'1' -~ [{t W -n ---wtJI iV"C ~ cr;i I \f) ill -J ,LJ~ _~ 3- 1- \ _I-- . ",- .L ~ ~ \ ~ I-- ~ ~ ~ ~ ~ ^,,- e- ~ ~i ~~~ ~-- .q: L ",r-.-J L 'It ~. 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'I' " I ' , , 1- , ~:I." , ~.I' 0'1 ~ , '.' I - '~'I \;;. I . G, , -0" - .1 S<#<; ~~~ . .' " ' . .. ,'. :.'.: -."'.~, p~~~:"o; .' L ' .'. <i: " . . ." .__ .e . -,' ...:cf ' (T' o . .<<; ''::&'-. > ~ . . &. tl . '" ,c- ... 0 u. ~ . +. . . .. - 0 ...). ~ ~ j " u C ~ .:&. .~ -l C ] tJ ~ c 'E a ~ -- t -- ~ - l i <- ~ .-r ~ J 1 p lIJ ~ Pulte Home Corp. of Texas 1431 Greenway Dr., Suite 700 Irving, TX 75038 Colleyville Creme de la Creme 5299 DTC Blvd., Ste 360 Greenwood Village, CO 80111 Richard & Sharon Rucker Attn: Richard Rucker 6705 Colleyville Blvd. Colleyville, TX 76034 Neil & Sherrie Hart 6703 Colleyville Blvd. Colleyville, TX 76034 The Wickham Family L TD Prtnshp P.O. Box 110278 Carrollton, TX 75011 Neil & Sherrie Hart 1600 Glade Road Colleyville, TX 76034 Sun Valley Properties 5301 Sun Valley Drive Fort Worth, TX 76119 Colleyville Area Chamber of Commerce 6700 Colleyville Blvd. Colleyville, TX 76034 Kenneth Green 6620 Colleyville Blvd., # A Colleyville, TX 76034 Danny Ratliff P.O. Box 1646 Keller, TX 76244 Total Enterprise, Inc. P.O. Box 610764 Dallas, TX 75261 Case Z-02-025 (Notices dated: September 13, 2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. qf::; Planning & Zoning Assistant ORDINANCE 0-02-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AUTOMOTIVE REPAIR AND SERVICE WITH OUTSIDE STORAGE ON LOT 1, BLOCK 1, HIGHWAY 26 INDUSTRIAL ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE_ WHEREAS, an application for a Special Use Permit was filed by Johnny Stowe on September 3, 2002, under Case No. Z-02-025; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas local Government Code and the Colleyville land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT the Master Plan, the land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as lot 1, Block 1, Highway 26 Industrial Addition (6804 Colleyville Boulevard), by authorizing a Special Use Permit for Automotive Repair and Service with Outside Storage, subject to the following conditions: THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Ordinance 0-02-xxxx Page 2 of 2 Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney