The URL can be used to link to this page

Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-3/24/2014 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 24, 2014 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or ac tion items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Phelps PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES February 24, 2014 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. PUBLIC HEARING AGENDA ITEMS 3a Request for a Special Use Permit for a wedding chapel on Lot 1R1, Block 1, of the Monterra Place Addition located at 1700 Tennison Parkway, ZC14-002 Planning and Zoning Commission Commission Agenda March 24, 2014 City of Colleyville Page 2 3b Request for a Special Use Permit for a concrete batch plant on Tract 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case ZC14-004 3c Request for a Special Use Permit for a temporary concrete batch plant on an approximate 37,500 square foot portion of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey, Abstract 685, The Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734, located at the northwest corner of Heritage Avenue and Cheek Sparger Road, Case ZC14-006 3d Approval of amendments to Chapter 3 - Land Use, Section 3.24.B- Schedule of Permitted Uses and Section 3.24.D-Temporary Buildings and Uses in the Land Development Code, GC14-006 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards March 21, 2014 by 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 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 24, 2014 City 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 February 24, 2014 at 7:20 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, and Chairman Byerly Absent: Commissioner David Phelps Staff Present: Ron Ruthven, Mary Elliott, Taci Wrisley, Rob McKeown, Marty Wieder, Dale Crown, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Davis made a motion to approve the minutes as amended. Commissioner Tornes seconded. The motion to approve the minutes as amended carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON 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 3a Approval of a preliminary/final plat on Lots 1 & 2, Block 1, and Lots 1, 2, 3, & 4, Block 2, Pecan Park III Addition, located on 6113 Waller Lane, Case PC14-001 Mary Elliott presented the case and briefed the Commission. Planning and Zoning Commission Commission Agenda February 24, 2014 City of Colleyville Page 2 Mark Howe, developer, came forward and briefed the Commission. Commissioner Wheelwright questioned Mr. Howe regarding whether he had any thoughts on the Hardage cut-through trail. Mr. Howe replied they were just made aware of the requirement but have been given three (3) options but have not decided what they will do. Commissioner Davis made a motion to approve Case PC14-001. Chairman Byerly seconded. The motion to approve Case PC14-001 carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Byerly 3b Approval of a preliminary plat on 97 acres of Abstract 685 of the John H. Havens Survey, and Abstract 1734 of the S.C.H. Witten Survey, located in the 4900 block of Heritage Avenue, Case PC13-027 Ron Ruthven presented the case and briefed the Commission. Commissioner Knox questioned staff regarding what the width of the trail was. Ron Ruthven replied ten (10) feet. Commissioner Gotcher questioned staff regarding the history of moving the trail from the interior of the development to the exterior along Heritage Avenue. Ron Ruthven gave a brief history of the decision made by City Council to move the trail to the exterior of the development. Brett Pedigo, developer, came forward and briefed the Commission. Commissioner Gotcher questioned Mr. Pedigo regarding the connection of the East to West trail from Heritage Avenue and why was it not indicated on the preliminary plat if that was the plan. Mr. Pedigo replied they are planning on connecting the trail and the sidewalks would be designed with the final plat. Discussion occurred between Commissioner Knox and Mr. Pedigo regarding the street cross-sections of Heritage Avenue. Commissioner Tornes questioned Mr. Pedigo regarding what would happen to the plat if the Commission decided to deny the case or required the full amount of Right-of-Way. Mr. Pedigo replied he would consult with his counsel and determine what would need to be done to Planning and Zoning Commission Commission Agenda February 24, 2014 City of Colleyville Page 3 go to the City Council. He further explained it is his belief they were meeting all of the plat requirements. Chairman Byerly questioned Mr. Pedigo regarding if they were reclaiming a substantial amount of the flood plain. Mr. Pedigo replied yes, they could not go any further. Commissioner Tornes questioned Mr. Pedigo regarding whether the utilities would be under the sidewalk along Heritage Avenue. Mr. Pedigo replied because the water service would be constructed under the street inside the subdivision, the only utility that would be under the sidewalk along Heritage Avenue would be franchise utilities. Mr. Pedigo asked staff for clarification regarding platting procedures. Ron Ruthven explained which types of cases are required to go to City Council. Commissioner Tornes questioned Dale Crown regarding whether the City had given the okay for the utilities to be located within the subdivision. Dale Crown replied yes. Commissioner Knox made a motion to approve Case PC13-027. Commissioner Tornes seconded. The motion to approve Case PC13-027 carried with the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Byerly 4. ADJOURNMENT The meeting adjourned at 8:01 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on March 24, 2014 by a vote of ______. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 03/24/2014 Number Type Public Hearing Agenda Items Department Community Development Title Request for a Special Use Permit for a wedding chapel on Lot 1R1, Block 1, of the Monterra Place Addition located at 1700 Tennison Parkway, ZC14-002 Explanation Robin Scheuerman with Monarch Photographic Corporation has submitted a request for a Special Use Permit to add a wedding chapel to an existing photography studio at 1700 Tennison Parkway. Existing Conditions and Zoning. The subject property contains an 8,946 square foot building, which is currently occupied by Monarch photography studio. The property is platted as Monterra Place Addition, Block 1, Lot 1R1. The site is zoned Planned Unit Development-Residential (PUD-R), which allows CC-1-Village Retail uses at this location. A wedding chapel is allowed in the CC-1-Village Retail zoning district with Special Use Permit approval. Statement of Planning Objectives. The request is for a Special Use Permit for a wedding chapel that will host other small venue receptions. The applicant submitted a Statement of Planning Objectives (attached), which indicates that there will be two rooms, one for 65 people and the other for 45 people. The site will not exceed 125 people at one time. Food will be catered to the site, so facilities for commercial food preparation will not be required. The owner will not hold a license to sell alcohol. Alcohol sales will require a separate Special Use Permit, if the owner chooses to sell alcohol at a later date. Six new employees will operate the facility to host events and to provide security. Hours of Operation. Events will usually occur on weekend and week night schedules when the photography studio and adjacent businesses are not in operation. Hours of operation will be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 a.m., Friday through Saturday. Outdoor events will occur 7:00 a.m. to 7:00 p.m., Sunday through Thursday, and 7:00 a.m. to 10:30 p.m., Friday through Saturday. Parking and Access. The property is located along Tennison Parkway, which is a minor arterial. Tennison Parkway has four lanes and is divided by a landscaped Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 median. There is an opening in the median to accommodate traffic from the driveway. There is not a specific number of parking spaces designated for this use. However, churches are also community spaces and require one space for every three seats. If both rooms are in use at the same time, then there would be about 125 people. Using the church ratio, 42 parking spaces would be required. The site provides 39 spaces, and the owner has a shared parking agreement for 35 spaces with the adjacent property owner. Surrounding Land Uses and Zoning. The property to the north is zoned CC-2- Shopping Center district and is currently vacant. The property to the east is zoned Planned Unit Development-Residential (PUD-R) and is developed for various office and service uses. The property to the south is zoned Planned Unit Development-Residential and provides drainage and open space uses for the Monterra residential subdivision. On the hard corner of Tennison Parkway and Colleyville Boulevard is Lone Star Collision, zoned Light Manufacturing (ML) district. To the south and west of the subject property are single family residences and open space uses. Master Plan. The Future Land Use Plan designates the subject property for retail uses. Retail and service uses are consistent with the Future Land Use Map and 2005 Comprehensive Plan. Public Notification. Staff mailed notices to 11 adjacent property owners within 200 feet, as well as Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. The existing photography studio can adapt to the proposed use with very minor alterations to the existing facility. In addition, the site has adequate parking spaces to accommodate the proposed use. With the median cut, the proposed use has access to Tennison Parkway in both directions. There are existing commercial and retail uses to the east of the property and open space as a buffer to the residential properties to the west. Taking these factors into account, staff recommends approval of the Special Use Permit for a wedding chapel. Recommendation Approval with the following conditions: 1. HOURS OF OPERATION a. The hours of operation for indoor events shall be as follows: Sunday – Thursday: 7:00 a.m. – 10:00 p.m. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Friday – Saturday: 7:00 a.m. – 12:00 a.m. The hours of operation for outdoor events shall be as follows: Sunday – Thursday: 7:00 a.m. – 7:00 pm Friday – Saturday: 7:00 a.m. – 10:30 p.m. b. This development shall be generally consistent with the Statement of Planning Objectives, attached as Exhibit “B”. 2. PERMITTED USES a. The uses allowed by this Special Use Permit shall be for a wedding chapel. The following shall be acceptable accessory uses: birthday, graduation, anniversary or other special receptions, and conference center. b. The Special Use Permit shall automatically expire upon the abandonment of the business; change in use or upon the expiration or termination of the Certificate of Occupancy for the wedding chapel. c. The site and building layout of the wedding chapel shall generally conform to the attached, Exhibit “C” labeled as Site Plan and Floor Plan. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Statement of Planning Objectives 6.Seating Layout and Outdoor Amenities 7.Street View 8.O-98-1098 9.O-14-XXXX MCMAKIN CT CA R R I A G E L N CA L D W E L L C R E E K D R TENNISON PKWY PR I M R O S E L N COL L E Y V I L L E B L V D M I L T O N D R R O S E B R O O K ROSS D O W N S D R KEN N E D Y D R BAKER CT HEATHERM O R E Ü SubjectProperty Legend 200 ft buffer AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential Location and Zoning Map MCMAKIN CT CA R R I A G E L N CA L D W E L L C R E E K D R TENNISON PKWY PR I M R O S E L N COL L E Y V I L L E B L V D M I L T O N D R R O S E B R O O K ROSS D O W N S D R KEN N E D Y D R BAKER CT HEATHERM O R E ÜSubjectProperty Legend 200 ft buffer Aerial MCMAKIN CT CA R R I A G E L N CA L D W E L L C R E E K D R TENNISON PKWY PR I M R O S E L N COL L E Y V I L L E B L V D M I L T O N D R RO S E B R O O K ROSS D O W N S D R KENN E D Y D R BAKER CT HEATHERM O R E Ü SubjectProperty Legend 200 ft buffer Properties within 200 ft buffer Buffer Map Owner Name Owner Address Owner City Owner StateOwner ZipSitus Address MONTERRA HOME OWNER'S ASSOC6707 BRENTWOOD STR RDFORT WORTH TEXAS76112001799 TENNISON PKWY FELLER‐DAVIS ENTERPRISES LLC3300 SPRING VALLEY DR BEDFORD TEXAS76021006900 COLLEYVILLE BLVD LFP PROPERTIES INC 7505 GLENVIEW DR STE 150RICHLAND HILLS TEXAS76180001704 TENNISON PKWY MONARCH PHOTOGRAPHIC CORP1700 TENNISON PKWY COLLEYVILLE TEXAS76034001700 TENNISON PKWY LFP PROPERTIES INC 7505 GLENVIEW DR STE 150 RICHLAND HILLS TEXAS76180 001706 TENNISON PKWY MONTERRA HOME OWNER'S ASSO6707 BRENTWOOD STAIR RDFORT WORTH TEXAS76112001690 TENNISON PKWY CAIRNS, CRAIG ETUX NANCY 1617 DOUGLAS AVE COLLEYVILLE TEXAS76034001617 DOUGLAS AVE CHESAPEAKE LAND DEV CO LLC6100 N WESTERN AVEOKLAHOMA CITY OKLAHOMA73118001701 JOHN MCCAIN RD CHESAPEAKE LAND DEV CO LLC6100 N WESTERN AVEOKLAHOMA CITY OKLAHOMA73118006900 COLLEYVILLE BLVD LONE STAR COLLISON LTD 6804 COLLYVILLE BLVD COLLEYVILLE TEXAS 76034006804 COLLEYVILLE BLVD MONTERRA HOME OWNER'S ASSOC6707 BRENTWOOD STR RDFORT WORTH TEXAS76112001699 TENNISON PKWY CTAJ LTD 6904 COLLYVILLE BLVD COLLEYVILLE TEXAS76034006904 COLLEYVILLE BLVD GRAPEVINE‐COLLEYVILLE ISD3051 IRA E. WOODS AVEGRAPEVINETEXAS76051COURTESY NOTICE Monterra HOA, Daniel Swart6811 MILTON DRIVE COLLEYVILLE TEXAS76034COURTESY NOTICE Monterra HOA, Michelle Williams4113 GATEWAY DRIVE #100COLLEYVILLE TEXAS76034COURTESY NOTICE Robin Sheuerman, Applicant 1700 TENNISON PKWY COLLEYVILLE TEXAS76034APPLICANT Public hearing notices were mailed Fri., Mar. 7, 2014 by Taci Wrisley Notification List Monarch Photographic Corp 1700 Tennison Parkway Colleyville, TX 76034 MONTERRA PLACE SUP Statement of Planning Objectives Concept The Monarch Photographic Corporation currently operates the metroplex’s largest facility at our “Marcel’s at Monterra” studios, located along Bear Creek, one block west from Colleyville Boulevard on Tennison Parkway in the Monterra Place Addition. Our company has provided graduating senior photography services to school districts since 1962. The facility covers nearly 9000 sq. ft. on a 2 acre site on Bear Creek. Indoors, the studio is quite elegant complete with chandelier, 25 ft. ceiling, baby grand piano, dressing areas, sunroom and kitchenette on the west side. The east side space is utilized as overflow studio and additional proposed venue space. Our outdoor portrait park contains a halfacre wildflower garden, year round stream, gazebo, archways, terraces, waterfall, and large lawn to facilitate superior imaging. Because of the picturesque setting, we are often beset with requests to hold special events at this location from our clients, their families, and school groups seeking banquet locations. Market Research Citing a lack of small event venues in the City of Colleyville, our feedback from the public has been quite favorable. The location is far removed from both busy roads and residential neighborhoods, separated by a natural stream corridor, and is a pleasing respite for the passing motorists entering the Monterra subdivision. We foresee a highly sought after venue that will generate funding to to further develop the garden spot we have created. Conversion Activity and Occupancy With the SUP dual use designation, we will be converting space in two (of four) camera rooms. There will be no construction involved in the conversion of the rooms, other than rearranging of sets, screening those that remain, setting up tables and seating, and cleaning. Including the hosts and support staff, proposed occupancy of the west side studio is 75 people. The east side space is event ready for parties of 55 (including support staff). The facility possesses 39 parking spaces and has secured shared arrangements with the adjacent property owner for 35 more. There is also additional streetside parking on the unnamed road at the rear of the complex. Outdoor events will be available to the extent they do not interfere with our photographic sets. A proposed tent site is indicated at the rear of the building to minimize neighborhood noise and maximize privacy. Clients will be given their choice of sets (gazebo, waterfall, arch, or patio) for fair weather ceremonies. Maximum occupancy for the grounds is 125 people. Operation hours between 7:00 am and 10:30 pm comply with Code of Ordinances Article II, Section 42.27. We forsee early event preparations beginning from 11:00 3:00, and evening events 4:30 9:30. The facility will not apply for TABC licenses at this time, and will not offer alcoholic beverages. All catering, florist, and equipment services will be supplied from offsite contractors. Economic Development Operation of the facility will require the hiring of six new employees to set up/ tear down, host events, and provide security. Traffic through the facility will likely double, bringing the total number of visitors to Colleyville up to approximately 10,000 annually. Events will occur on weekend/ weeknight schedules when the studio and adjacent businesses are not in operation, so impacts on traffic will be nominal. Indoor events will be completed by 10:00 pm weeknights and 12:00 am on weekends. Once both venues are 100% utilized we estimate the additional revenues to the facility to generate $16850 in additional sales tax revenues to the city (2%). Se a t i n g L a y o u t a n d O u t d o o r A m e n i t i e s St r e e t V i e w ORDINANCE O-14-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 1R1, BLOCK 1 OF THE MONTERRA PLACE ADDITION, LOCATED AT 1700 TENNISON PARKWAY, BY AUTHORIZING A SPECIAL USE PERMIT FOR A WEDDING CHAPEL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC14-002; 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; 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, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices Ordinance O-14-XXXX Page 2 of 9 by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1R1, Block 1 of Monterra Place Addition, located at 1700 Tennison Parkway, by authorizing a Special Use Permit for a wedding chapel, as depicted on Exhibit “A,” labeled as Location and Zoning Map. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. HOURS OF OPERATION a. The hours of operation for indoor events shall be as follows: Sunday – Thursday: 7:00 a.m. – 10:00 p.m. Friday – Saturday: 7:00 a.m. – 12:00 a.m. The hours of operation for outdoor events shall be as follows: Sunday – Thursday: 7:00 a.m. – 7:00 pm Friday – Saturday: 7:00 a.m. – 10:30 p.m. b. This development shall be generally consistent with the Statement of Planning Objectives, attached as Exhibit “B”. Ordinance O-14-XXXX Page 3 of 9 2. PERMITTED USES a. The uses allowed by this Special Use Permit shall be for a wedding chapel. The following shall be acceptable accessory uses: birthday, graduation, anniversary or other special receptions, and conference center. b. The Special Use Permit shall automatically expire upon the abandonment of the business; change in use or upon the expiration or termination of the Certificate of Occupancy for the wedding chapel. c. The site and building layout of the wedding chapel shall generally conform to the attached, Exhibit “C” labeled as Site Plan and Floor Plan. Sec. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. Ordinance O-14-XXXX Page 4 of 9 AND IT IS SO ORDERED. The first reading and public hearing being conducted by City Council on the 15th day of April 2014. The second reading and public hearing being conducted by City Council on the 6th day of May 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A –Location and Zoning Map Exhibit B–Statement of Planning Objectives (1 of 2) Exhibit B-Statement of Planning Objectives (2 of 2) Exhibit C – Site Plan and Floor Plan Exhibit C - Site Plan and Floor Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 03/24/2014 Number Type Public Hearing Agenda Items Department Community Development Title Request for a Special Use Permit for a concrete batch plant on Tract 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case ZC14-004 Explanation Mark Leonard with Gilco Contracting submitted a request for a temporary concrete batch plant for a 45,000 square foot area, located west of Pleasant Run Road along the south boundary line of the Overlook at Big Bear Creek project. The temporary batch plant will be solely used to provide concrete for the Overlook at Big Bear Creek, approved under Ordinance O-13-1875 (attached). Applicant's Request. The Overlook at Big Bear Creek is a proposed single family subdivision owned by the Wilbow-Overlook Development Corporation. The 53.2 acre site will include 73 single family residential lots and open space along Big Bear Creek. The proposed temporary batch plant will be 300 feet west from the right-of-way for Pleasant Run Road. The area of the proposed use will be 45,000 square feet, which will be 150 feet by 300 feet. The applicant is requesting the temporary use for 21 days to construct the streets for the new subdivision. The batch plant's hours of operation will be between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. The closest habitable residences to the proposed temporary batch plant are 1,050 feet to the west; the closest habitable residences to the north are 1,800 feet; the closest habitable residences to the east are 1,200 feet; and the closest habitable residences to the south are 1,400 feet. Parking and Access. Material delivery trucks will be instructed to travel south west on Highway 26 to John McCain Road; then travel west on John McCain Road to Pleasant Run Road; and travel north on Pleasant Run Road. Federal and State Requirements. The applicant has submitted a standard permit to the Texas Air Control Board. A Storm Water Pollution Prevention Plan (SWPPP or SWP3) and Notice of Intent have also been prepared for the Texas Commission on Environmental Quality (TCEQ). These documents must be kept on the work site. Summary. The temporary concrete batch plant would only be used to provide Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 concrete for the new development being constructed. Several benefits exist by utilizing a temporary batch plant on-site, including better quality control of the concrete being produced, and eliminating concrete mixer trucks that would use public streets to access the site. For example, the Overlook at Big Bear Creek will require 25,000 cubic yards of concrete to pave. If a temporary batch plant was erected on site, then the only trucks entering and exiting the property would be the ones needed to haul sand and aggregates to produce on site. Without a batch plant, this will require 2,500 concrete trucks moving on city streets, just to pave the subdivision. The approval of the temporary batch plant will reduce deterioration of public streets. Therefore, staff recommends approval of the temporary concrete batch plant for the Overlook at Big Bear Creek. Recommendation Approval with the following conditions: 1. HOURS OF OPERATION a. The hours of operation for shall be as follows: Monday – Saturday: 7:00 a.m. – 6:00 p.m. b. The temporary concrete batch plant shall be in use for twenty-one (21) days from the date of issuance of the Notice of Intent. 2. PERMITTED USES a. The temporary concrete batch plant allowed by this Special Use Permit must be permitted by the Texas Air Control Board. b. The Special Use Permit shall meet all state and federal requirements for concrete batch plants. A copy of the Storm Water and Waste Water Pollution Prevention Plan (SWWPPP), and the Notice of Intent (NOI) must be posted on the premise. c. The area boundaries of the temporary concrete batch plant shall generally conform to the attached, Exhibit “B” labeled as Zoning Exhibit. d. The material delivery trucks will be instructed to travel southwest on Highway 26 to John McCain Road; then travel west on John McCain Road to Pleasant Run Road; and travel north on Pleasant Run Road. e. The batch plant will be used to provide concrete for no other project(s) other than Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 the Overlook at Big Bear Creek. f. The temporary concrete batch plant must be a minimum of 300 feet from any school or habitable residence. g. A notice to proceed will be issued by the Director of Public Works or designee. The letter will state that the batch plant shall only be allowed in conjunction with the construction site for which the permit is issued. This letter will be kept on site with the TCEQ documentation. h. The Public Works Director or designee will determine if additional materials testing will be required. City staff will determine the testing personnel required and any cost of testing will be passed onto the applicant. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Zoning Exhibit 6.Application 7.Ordinance O-13-1875 8.Ordinance O-14-1912 7500 202 106 7801 103 201 7709 7705 202 203 201 7502 7612 202 202 7405 207 7408 7612 200 304 7404 7503 7717 204 7408 7801 7701 7901 7606 7603 7409 7604 7624 203 107 203 204 205 7612 200 7607 7702 101 7605 205 7409 7602 201 7504 7707 204 7608 7709 7703 7408 7809 7501 200 7603 203 7805 7707 7600 7803 203 7504 206 7807 7712 201 7811 200 205 7714 200 202 201 7602 203 7407 7503 7700 7810 205 7600 WILLIAMSBURG CT M O N R O E C T WASH I N G T O N C T HANCOCK CT CHARLOTTESVILL E A V E VIRGIN I A S Q PL E A S A N T R U N R D ADAMS CT HARRISON LNROCH E L L E C T MAD I S O N S Q Ü Subject Property Legend City Limit Boundary 200 ft buffer temporary batch plant area AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential City of Southlake City of Colleyville 300' 300' 300' 150'150' Location and Zoning Map 7500 202 106 7801 103 201 7709 7705 202 203 201 7502 7612 202 202 7405 207 7408 7612 200 304 7404 7503 7717 204 7408 7801 7701 7901 7606 7603 7409 7604 7624 203 107 203 204 205 7612 200 7607 7702 101 7605 205 7409 7602 201 7504 7707 204 7608 7709 7703 7408 7809 7501 200 7603 203 7805 7707 7600 7803 203 7504 206 7807 7712 201 7811 200 205 7714 200 202 201 7602 203 7407 7503 7700 7810 205 7600 WILLIAMSBURG CT M O N R O E C T WASH I N G T O N C T HANCOCK CT CHARLOTTESVILL E A V E VIRGIN I A S Q PL E A S A N T R U N R D ADAMS CT HARRISON LNROCHE L L E C T MAD I S O N S Q Ü Subject Property Legend City Limit Boundary 200 ft buffer temporary batch plant area City of Southlake City of Colleyville 300' 300' 300' 150'150' Aerial 7500 202 106 7801 103 201 7709 7705 202 203 201 7502 7612 202 202 7405 207 7408 7612 200 304 7404 7503 7717 204 7408 7801 7701 7901 7606 7603 7409 7604 7624 203 107 203 204 205 7612 200 7607 7702 101 7605 205 7409 7602 201 7504 7707 204 7608 7709 7703 7408 7809 7501 200 7603 203 7805 7707 7600 7803 203 7504 206 7807 7712 201 7811 200 205 7714 200 202 201 7602 203 7407 7503 7700 7810 205 7600 WILLIAMSBURG CT M O N R O E C T WASH I N G T O N C T HANCOCK CT CHARLOTTESVILL E A V E VIRGIN I A S Q PL E A S A N T R U N R D ADAMS CT HARRISON LNROCHE L L E C T MAD I S O N S Q Ü Subject Property Legend City Limit Boundary 200 ft buffer temporary batch plant area Properties within 200 ft buffer City of Southlake City of Colleyville 300' 300' 300' 150'150' Buffer Map Owner Name Owner Address Owner City Owner StateOwner ZipSitus Address CHANG, WESLEY EN‐TSE 203 MADISON SQ COLLEYVILLE TX76034000203 MADISON SQ DAVIS, JERRY DON ETUX TOMA D7801 JEFFERSON CIR COLLEYVILLE TX76034007801 JEFFERSON CIR ESTES, STEVEN L ETUX RUTH 7701 JEFFERSON CIR COLLEYVILLE TX76034007701 JEFFERSON CIR FAGAN, LAWRENCE JR ETUX SHARON203 ROCHELLE CT COLLEYVILLE TX76034000203 ROCHELLE CT FERRELL, GEORGE ETUX LINDA7709 JEFFERSON CIR COLLEYVILLE TX76034007709 JEFFERSON CIR GRILLO, DIANE 7502 MONROE CT COLLEYVILLE TX76034007502 MONROE CT HAWKINS, VINCENT ETUX KIMBERLY204 MADISON SQ COLLEYVILLE TX76034000204 MADISON SQ HAYNES, MICHAEL E ETUX SONJA C7705 JEFFERSON CIR COLLEYVILLE TX76034007705 JEFFERSON CIR HIGHTOWER, SYDNEY MARY TR3945 FM 273 BONHAM TX75418000304 JOHN MCCAIN RD JOHNSON, STUART ETUX CAROLE7504 MONROE CT COLLEYVILLE TX76034007504 MONROE CT LOWE, JONATHAN 7500 MONROE CT COLLEYVILLE TX76034007500 MONROE CT MASON, DALE ETUX SHERRI 7702 JEFFERSON CIR COLLEYVILLE TX76034007702 JEFFERSON CIR MONTICELLO HOMEOWNERS ASSN1800 PRESTON PARK BLVD STE 101PLANO TX75093007717 JEFFERSON CIR PLEASANT RUN COLLEYVILLE INC4131 N CENTRAL EXPY DALLAS TX75204007612 PLEASANT RUN RD ROSS, RAYMOND R 7700 JEFFERSON CIR COLLEYVILLE TX76034007700 JEFFERSON CIR SHORT, JOSEPH T ETUX JULIE 7703 JEFFERSON CIR COLLEYVILLE TX76034007703 JEFFERSON CIR STAAB, JAMES ETUX LANESE TURNE205 MADISON SQ COLLEYVILLE TX76034000205 MADISON SQ STEWART, BRET A ETUX DEE 7707 JEFFERSON CIR COLLEYVILLE TX76034007707 JEFFERSON CIR THOMPSON, PHILIP K ETUX DANA E7501 MONROE CT COLLEYVILLE TX76034007501 MONROE CT TRINITY CHRIS CTR SANTA ANA2442 MICHELLE DR TUSTIN CA92780007404 PLEASANT RUN RD TUTTLE, ROBERT S ETUX BILLIE J202 MADISON SQ COLLEYVILLE TX76034000202 MADISON SQ Monticello HOA 308 Covington Way COLLEYVILLE TX76034COURTESY NOTICE Grapevine‐Colleyville ISD 3051 IRA E. WOODS. AVENUEGRAPEVINETX76051COURTESY NOTICE City of Southlake 1400 MAIN STREET SOUTHLAKETX76092COURTESY NOTICE GILCO CONTRACTING, INC.6331 SOUTHWEST BLVD BENBROOK TX76132APPLICANT Public hearing notice was mailed Friday, March 14, 2014 by Taci Wrisley Notification List Zoning Exhibit Zoning Exhibit Application Application Application Application Application Application ORDINANCE 0-13-1875 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 53.2 ACRES ON TRACTS 1F AND 1G, ABSTRACT 1038 OF THE HALL MEDLIN SURVEY AND TRACTS 1A02 AND 1C, ABSTRACT 295 OF THE WILLIAM E. CROOKS SURVEY LOCATED AT 7612 AND 7624 PLEASANT RUN ROAD FROM THE AG- AGRICULTURAL ZONINGDISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING 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 a rezoning under Case No. ZC13-001; 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 dividedthe City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has givenreasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-13-1875 Page 2 of 8 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 withreference to changes to zoning classifications underthe Zoning Ordinance Regulations and Zoning Map, havinggiven 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 areaand in the vicinitythereof, 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 theforegoing premises and findings are found to be true and correct and are incorporatedinto 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 on53.2 acres on Tracts 1F and 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 and 1C, Abstract 295 of the William E. Crooks Survey located at 7612 and 7624 Pleasant Run Road from the AG-Agricultural zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and as described in Exhibit Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporatethe zoningchange approved herein. Sec. 4. THAT the above described tract of land shall be subject to the followingconditions: 1. GENERAL a. The purpose of this PUD-R is for a single-family residential development of detached dwelling units, constructed at a gross maximumdensity of 1.4 dwelling units per acre as described in Exhibit "C". Exhibit "C" is attached herein for descriptive purposes only and shall not be referenced as a regulatory guide for the purpose of this ordinance. Ordinance 0-13-1875 Page 3 of 8 b. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this ordinance. 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generallyconsistentwiththe conceptual site plan, Exhibit "D", which shall not be considered the preliminary plat. The lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage, or other conditions. The actual street layout shall be consistent with Exhibit b. The developer shall submit and receive approval from the City, a preliminary and final plat, approved in one or more phases, in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: 1. The minimum lot width shall be 90 feet and the minimum lotdepth shall be 70 feet. 2. The minimum lot size shall be 13,000 square feet, with and averagelot size of 16,050 square feet. 3. The minimum front yard setbacks shall be 20 feet for lots with side facing garages so long as the distance from the back of curb to the primarystructure is at least 30 feet, and 30 feet for lots with front facing garages. 4. The minimum rear yard setbacks shall be: Ordinance 0-13-1875 Page 4 of 8 a. From the main structure: 25 feet b. From an accessory structure: 10 feet 5. The minimum side yard setbacks shall be 9 feet. shall be 35 feet.height sh6. The maximum building a 7. For lotslocated on cul-de-sacs and half cul-de-sacs, theminimum lot width shall be 70 feet measured at the front yard setbacks and35 feet measured at the right-of-way line. 5. RESIDENTIAL DESIGNREQUIREMENTS The following requirements shall apply to all homes constructed in thisdevelopment: a. The surface area of the front exterior wall, excluding windows, doors, gables, and covered porches shall be at least 85 percent masonry or hand-troweled, cement-based, three-coat stucco. b. The surface area of all side and rear walls shall be at least 75 percent masonry or hand-troweled, cement-based, three-coat stucco. c. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6-Building Design of the Land Development Code. d. Each residence shall contain a minimum of 3,000 feetof gross floor area. 6. OPEN SPACE a. This development shall provide a minimum of 30 percent common open space, which shall be configured as shown on Exhibit "D". All open space areas shall be landscaped and maintained by the homeowners association. 7. RESIDENTIAL DENSITY REOUIREMENTS a. Residential density shall not exceed 1.4 dwelling unitsper acre. Ordinance 0-13-1875 Page 5 of 8 8. FENCING, SCREENING, BUFFERING AND TREES a. A wrought iron fence shall be constructed between the common open space in the Monticello development and common open space on the subject property. Said fence shall be constructed by the developer prior to the acceptance of final public improvements. b. A minimum of two, three (3) inch caliper, hardwood shade trees shall be planted on each lot at the time of new home construction. c. All lots shall be equipped with an irrigation systemper the requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. d. A minimum eight (8) foot solid masonry wall shall be constructed along the common property line of the development and the adjacent property to the south located at7504 and 7404 Pleasant Run Road prior to the acceptance of final public improvements. Where adjacent to lots not used for residential purposes within this development, the wall may be constructed of wood. The wall shall be maintained by the homeowner's association. e. A minimum ten (10) foot tree preservation buffer shall be locatedalong theentire length of thewestern boundary of the development. All trees located within said buffer shall be preserved in place as shown on the required tree survey at the time of platting. No trees may be removed fromthis buffer area without a tree removal permit. Section 5(8)C(5) of the Land Development Code exempting residents from the removal requirements shall notapply to said buffer area. Maintenance of the buffer shall be the responsibility of each homeowner. 9. SIDEWALKS AND TRAILS a. In lieu of constructing the required ten (10) foot trail along Pleasant Run Road, the developer shall pay into escrow the cost ofconstructingthe trail as determined by the City Engineer, prior to the filing of the final plat for the development. Ordinance 0-13-1875 Page6 of 8 b. The portion of the proposed interior park trail that traverses the open space of the development that is closest to Pleasant Run Road shall provide a stub for future connection to the Pleasant Run Road trail shown in the Colleyville Pathways Plan. Said portion of the interior park trail shall be located within a public access easement and shall be constructed by the developer prior toacceptance of final public improvements and shall be maintained by the homeowner's association. 10. GENERAL a. No building, structure, or other developmentwithin this PUD, including any roads and parks, shall trigger any setback requirement for future gas wells and related equipment located on the existing 13.2-acre pad site located directly south of the boundaries of this PUD (the Existing Pad Site"), regardless of whether such gas wells and equipment are authorized by Ordinance 0-10-1779 approving a Special Use Permit for the Existing Pad Site or are authorized by future approvals (if any) for the Existing Pad Site only by the City Council. b. Prior to therecordation of a finalplat for any property within this PUD, an instrument shall be recorded in the deed records of Tarrant County, Texas, for the property within this PUD, providing all future purchasers of such property with notice of this paragraph. The formof such instrument shall be approved by the City Attorney. In addition, any rezoning of the property governed by this PUD, including, but not limited to, an amendment to this PUD, shall require thatwritten notice be given to the gas well operator in the same manner that is required by Chapter 211 of the Texas Local Government Code for all property owners. Notices shall be sentto the gas well permitee based on the address on file with the City. Sec. 5. THAT the abovedescribed tract of land shall be used only in the manner and for the purposes provided by theComprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Ordinance 0-13-1875 Page 7 of 8 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subjecttothe same penalty as provided for in theComprehensive 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. 7. 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. 8. 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. 9. 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 4th day of June 2013. The second reading and public hearing being conducted on the 18th day of June 2013. PASSED AND APPROV by the City (Council of the City of Colleyville, Texas, on this the t day of J(Mew 2013. ATTEST: CITY OF COLLEYVILLE 1 lb I Amy elley DavidKelly City Secretary Mayor Ordinance 0-13-1875 Page 8 of 8 APPROVED ASTO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map N t City of Scuthia6 e i j a Subject Properties 1 4‘,...Alp, IR i Leo , r NG G` tpi: ,,,, mill . ImCT H,ANCOCK CT 111/ 91Ems°2]:) 4 S-CI H 'RISON LN irt- / RG7Nr."sQ 1 4" •,,,,:v4sczitz 44 1 4z O z IAMSBURG CT R. z re re 4DAMS,'CT AG 1 I l I - ) R-=40 y,.( R-44 -l°` ° xi 4( R-40 r Exhibit "B" - Legal Description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°57'48"E,130.00 FEET; S 50°01'23"E,140.00 FEET; S 10°11'53"W,174.00 FEET; S 52°32'20"E,86.00 FEET; S 83°50'13"E,104.00 FEET; S 37°43'15"E,143.00 FEET: S 65°44'16"E,104.00 FEET; S 57°57'16"E,140.00 FEET,THE NORTHWEST CORNER OF AFORESAID TRACT 3,FROM WHICH A 5/8 INCH IRON ROD WITH PLASTICCAP STAMPED"JACOBS"SET,BEARS 00°29"W,100.00 FEET; S 40°13'40"E,146.00 FEET; S 59°50'53"E,67.00 FEET; S 74°42'01"E,67.00 FEET, N 89°44'42"E,115.00 FEET; N 47°35'35"E,213.00 FEET; N 27°22'07"E,102.00 FEET; N 15°46'45"E,122.00 FEET; N 21°31'34"E,AT 155.7 FEET THE NORTHEAST CORNER OF SAID TRACT 3 AND THE NORTHWEST CORNER OF SAID TRACT 1,FROM WHICHA 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED"JACOBS"SET, BEARS S 00°49"E,100.00 FEET,IN ALL 171.00 FEET; N 55°19'48"E,100.00 FEET; N 72°17'18"E,100.00 FEET; S 74°09'29"E,75.00 FEET; S 30°07'44"E,69.00 FEET; S 53°03'32"E,180.00 FEET; S 28°28'40"E,170.00 FEET; S 20°31'03"E,105.00 FEET; S 00°16'51"E,80.00 FEET; S 41°40'16"W.109.00 FEET; S 45°24'40"E,115.00 FEET; Exhibit "B" - Legal Description Continued THENCE S 75°34'46"E,61.00 FEET TO THE INTERSECTION OF SAID BIG BEAR CREEK AND THE APPROXIMATE CENTERLINE OF PLEASANT RUN ROAD(A VARIABLE WIDTH RIGHT-OF-WAY); THENCE S 10°21'30"W,160.00 FEET WITH SAID APPROXIMATE CENTERLINE,TO THE SOUTHEAST CORNER OF AFOREMENTIONED TRACT 1 AND THE NORTHEAST CORNER OF SAID TRACT 2,FROM WHICH A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,BEARS S 88°36"W,100.00 FEET; THENCE S 01°29'24"W,612.63 FEET CONTINUING WITH SAID APPROXIMATE CENTERLINE TO THE SOUTHEAST CORNER OF SAID TRACT 2; THENCE S 84°10'42"W,WITH THE SOUTH LINE OFSAID TRACT 2,AT 40.10 FEET THE NORTHEAST CORNER OF PARK PLACE ESTATES,AN ADDITION TO THE CITY OF COLLEYVILLE,RECORDED IN VOLUME 388-178,PAGE 14 OF SAIDPLAT RECORDS,AT 100 FEET A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,IN ALL 558.48 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,AT THE SOUTHWEST CORNER OF SAID TRACT 2 AND THE SOUTHEAST CORNER OF SAID TRACT 3; THENCE S 84°37'58"W,654.81 FEET WITH THE SOUTH LINE OF SAID TRACT 3 AND THE NORTH LINE OF THAT TRACT OF LAND CONVEYED TO TRINITY CHRISTIAN CENTER OF SANTA ANNA,INC.,RECORDED IN VOLUME 9325, PAGE 1004 OF SAID COUNTY RECORDS,TO A 3/8 INCH IRON ROD,FOUND AND BEING THE SOUTHWEST CORNER OF SAIDTRACT 3 IN THE EAST LINEOF THE AFOREMENTIONED HIGHTOWER TRACT; THENCE N 01°58'48"W,106.71 FEET,WITH THE WEST LINE OF SAID HIGHTOWER TRACT,TO A 5/8 INCH IRON ROD,FOUNDAT THE SOUTHEAST CORNER OF AFOREMENTIONED QUENICHET TRACT RECORDED IN VOLUME 4957,PAGE 297 OF SAID COUNTY RECORDS; THENCE N 89°57'05"W,652.16 FEET,WITH THE NORTH LINE OF SAID HIGHTOWER TRACT AND THE SOUTH LINE OFSAID QUENICHET TRACT,TO THE POINT OF BEGINNING AND CONTAINING 2,318,598 SQUARE FEET OR 53.228 ACRES OF LAND MORE OR LESS. Exhibit "C" - Statement of Planning Objectives Planned UnitDevelopment (PUD-R) for Overlook at Big Bear Creek Colleyville, Texas HISTORY AND STATEMENT OF INTENT Established in 1988,Wilbow Corporation, the Dallasbased U.S. Operation, is a wholly-owned subsidiary of Wilbow Group Pty. Ltd. located in Melbourne, Australia. Wilbow is currently involved in numerous real estate developments in theDallas/Fort Worth and Houston areas. Wi lbow hasbeen the recipient of numerousaccolades and won Business and Industry Awards for Excellence in commercial property development including the Urban Designfor Tribute at MillsBranch and the McSamaward for Marketing of the Heritage residential community_ Wilbow Corporation maintains an experienced and well-diversified professional staff with a combined 100 years of real estate development experience, andhas consistently been ranked as oneofnorth Texas`largestresidential developers by the Dallas Business Journal. Wilbow's financialstrength, experience and history of success mean that each development is thoughtfully planned and executed with efficiency and expertise that fewother developers possess. Wi lbow Corporation, doing business as Pleasant Run Colleyville, Inc, (PRC), being the applicant and developer of the 53.2-acre "Overlook at Big Bear Creek" property, part of the Wm. E. CrooksSurvey, Abstract No.295,and part of theHall Medlin Survey,Abstract No.1038, hereby makes a request to rezone the property, currently zoned Agriculture (AG) perthe August 2007 zoning map, to Planned Unit Development-Residential (PUD-R).With PUD-R zoning, the use will be consistent with the adjacentsingle— family zoning designations and Colleyville's FutureLand Use Plan 2025 whichdesignates the property as SingleFamilyResidential". PROJECT LOCATION& DESCRIPTION The Overlook at Big Bear Creek (The Overlook)is located along thenorthcentral Colleyville border with Southlake, adjacent to Pleasant Run Road on the east and the Monticello neighborhood to the west. The north property line generallyfollows thecenterline of Big Bear Creek, the same being themunicipal PUD-R(The Overlook at Big Bear Creek-Coileyviile) Page 1 of 7 May 6,2013 Exhibit "C" - Statement of Planning Objectives (Continued) boundary.The property is bordered on the south by the Titan we site and undeveloped agricultural land. The property is a generallyrectangular, 53.228 acretract that consists of four smaller parcels. each formally owned by John W. and Obum ouon|coot Overlook will be developed into approximately 73 single-familyhomesites and additional openspace lots, for a densityof 1.37 dwelling units per gross oc,w, well below the allowed maximumresidential density of 1m dwelling units per gross acre. Each homesite shall be a minimumof 13000 square feethowever,the average lot size shall be approximately o.00n square feet SITE ZONING AND PLANNED DEVELOPMENTSTANDARDS The zoning classification ox The Overlook shall be Planned Unit Development-R 'Poo-R^ and shallbe developed according to the following standards: item PUD-R ZoningProposed ZoningU Minimum Lot Size 13,000 Square Feet , 13,000 Square Fee Average Lot Size o.000 SquareFeet l 16,050 Square Fee Minimum Lot Width 100 fee 90 feet rMinimumFrontYard 30 feet 20 feet Minimum Side Yard 10 feet 9 feet zou tmxma|mm me Minimum Rear Yard 25 feet 10 feet for ancillarystructures 35 feet measured from/hi0nm»mtom |ot 6 Maximum Building Heigh 30 fee top of root line BUILDING SETBACK PROVISION Special consideration of reduced lot width is hereby requested forlots located on cul-de-sacs and those located on 9eur0ree elbows in the streets.The minimum lot width for suchlots measured at the building line shall be 70-feet The minimum lot width for such lots measured at theright-of-way line shall be 35-feet. pmD-n(TheOverlook at Big Bear Creek-ColIewiUle Page 2 of 7 May 6,2013 Exhibit "C" ~~ Statement of Planning Objectives (Continued) IMPACT FEES Because the calculatedportion of theCity's Perimeter Street Fee is less thanthe per lot road impact fees generated by this omject. PRC shall bear no cost associated with the City's PerimeterStreet Fee. Instead, the per lot road impact feeof$4941.00shaltbe paid for by the builder at the time of each applicable building permit. In addition.water and wastewater impact fees shall be paid for at the time of building permit by the builder.There shall be no park impactfee paid for by PRC.No other impactfees shall be applicable. PARKLAND DEDICATION In lieu of Park Dedication Frcn,we will dedicate via final plat approximately 17 acres of private parkland/open space within the development,whichshall include a pen1anerit surface trail system, benches,native and picnic areas. We may elect to dedicate a public access easement over and across the trail systemfor use by all residents of Colleyville. In addition,we will dedicate approximately 3 acres of private»am:ommoppn space adjacent to Forest Meadow Drivewithin the development,This 3 acres alonerepresents approximately ten(10)percent of thedevelopable area of the subdivision All private parklandiopen space will be maintained by the Home Owner's Association(HOA)for the development, which will be created for the purpose of owning,operating and maintaining the common features within the community HOMEOWNERS ASSOCIATION All property ownerswithin The Overlook shall be required to be members of the HOAwhich shall assume ownership and responsibility for the openspace areas,entry features,landscaping,irrigation and all fencing within the open space areas created via the FinalPlat, The HOA shall also be responsible for enforcement of all deed restrictions for the »ummon|ty PRC, as Declarant, shall regulate and approve new home architecture and plot plans in conformity with the deed restrictions forthe community. SUBDIVISION DESIGN CONSIDERATIONS Streets shall be 31 foot, back to back concrete withcurb and gutterwithin a 50 foot RightofWay. Streets shall be dedicated to theCity of Colleyville(City).Similarly,all waterlines,sanitary and storm sewer shall be PUD-R(The Overlook ot Big Bear cneek-Cmleyvu|v) Page omr May 6'zu|3 Exhibit "C" - Statement of Planning Objectives (Continued) designed and constructed to City standards. Upon construction and inspection by theCity, such nfrastructure shall be dedicated to the City for continued maintenance and operation. DRAINAGE DESIGN CONSIDERATIONS The site generallyslopes fromsouth to north and is heavitv wooded along the north and eastboundaries. Big Bear Creek and its 100-yearfloodplain traverses the property on the northern boundary receiving the natural runoff from theproperty The drainage system for tlie community shalt be designed so that the storm water runoff continues tobe conveyed directly into Big Bear Creek_The developmentof the property will not have significant impact on the total amount of runoff in thisreach of Big Bear Creek due to the low density, large lotsize and the relatively small contributing area of the project in relation to the entire watershed conveyed by Big Bear Creek, and meemre, no detention shall be requiredfor this project. See accompanying exhibit of offsite drainage area.A small portion of the developable area lies within the FEMA designated 100-year floodplain PRC intends to mitigate tile smallareasintended to be developedwithin the floodplain by providing comparable storagevolume elsewhere on-site. The plan for such comparable storage shall be submittedfor administrative review and approval by noneyvnle's Certified Floodplain Manager(CFM). LANDSCAPE AND TREE MITiGATION No tree survey or tree mitigation shall be requiredforopen spaceareas shown on the attached Development Plan. Areas withinproposed ngxts'o/+way' proposed building pado, public and private easements shallalso be exempt from tree mitigation requirements;however an inventory of protected trees within such areas shall be shown on a tree survey_ Builderinstalled trees located in front and rear yards shall count towards any mitigation required as a result of the development process so long as the tree species conform to the City's tree mitigation requirements PRc shall require a minimum wvz<two>n''caliper hardwood shade trees be installed by the builder on each lot SUBDIVISION TRAFFIC AND CIRCULATION PRC shall provide a stub-through road to connect to existing Harrison Lane to the west. Wildflower Way Puo'op»o Overlook ut Big Bear Crek-ColleyviIe) Page 4 of 7 May*.0x} Exhibit "C" - Statement of Planning Objectives (Continued) shall stub to the property immediately to the south ri anticipation of future single-family development. No traffic impact analysis lilA)shall be required since the development is not projected to generate in excess of 1,000 vehicle trips per day. SIDEWALKS PRO hereby requests a variance from the sidewalkrequirements arid as such,no sidewalks will be constructed along the streets within the development.This request is consistent with adjacent neighborhoods,among them and adjacent to this proposed development is Monticello,which does not contain sidewalks alongthe streets.Further there is no existingsidewalk or trailalong Pleasant Run Road, Dueto lack of connectivity and challenging topography,we request a variance from the sidewabCtrail requirement. TRAIL MASTERPLAN PRO hereby requests a modification to the Trails and Sidewalk SystemMasterplan dated October 18,2005 which shows a trailsystem along Pleasant Run Road.Due to the natural topography and lack ofconnectivity to other such facilities along Pleasant Run Road,construction of a trail system here is not viable, In lieu of the roadside location, PROshall construct a trail system as a continuation of the neighboringMonticello trail system withinthepnvate parkland/open space locatedwholly within the community. SCREEN WALLS AND FENCES The existing natural vegetationftrees will provide a natural live screen for the entire property frontage along Pleasant Run Road Therefore, PRO intends to construct an entry feature and monumentation only at the main entry at PleasantRunRoad as shown on the attached Site Plan.The entry feature shall incorporate masonry,brick,stone and wrought iron fence as necessary to'tie'back into existing vegetation. Wrought iron fencingshall be o|wwad, but notrequired, along the side and rear property lines of each lot and adjacent to and within the 100-yearfloodplain. Privacyfences shall not be allowed within the 100-yeor mmupla,n PUD-R(The Overlook at Big Bear Creek-Colleyville) Page 5 of 7 May a.zo10 Exhibit "C" ~~ Statement of Planning Objectives (Continued) DEVELOPMENTSCHEDULE PRO intends to obtain approval of zoning byJuly 2013 with platting and engineering plansto follow immediately thereafter. Construction of the first phase of approximately 33-39 lots to commence immediately following approval of engineering plans. Construction shall take approximately 9 months. Concurrent with development of the first phase,entitlements to include final planing of the second phase will be underway. Upon completion of the first phaseandformal approval of thePhase II final plat, PRC will commence construction on Phase II We anticipateconstruction on Phase II to commence in the fall of 2014 and be completed by summer 2015 Construction of homes within the first phase shall commence immediately upon City acceptance of the Phase I infrastructure. PRO requests that each phase be given consideration for an early release gradingpermit upon preliminary plan approval and early release building permits upon substantialcompletion of poviog, as determined by the City inspector during the initial in/mmtruoumwo|womogh BUILDER PRODUCT Homes within this community are expected to range in the 5500k to S1MM+range.Typical lot pads shall be approximately ro'wide by 70' deep. Minimum house size shall be 3,000 square feet Maximum height for each home shall not exceed 35'as measured from the highpoint of the lot to the top of the roof. The surface area of the first floor extenor wall (exclusive of openings for windows and uoom, gables over woodframing_areas under coveredporches,box and bay windows and other architecturalprojections)and all second story walls(exclusive of openings for windows and doors,gables over wood framing,areas under coveredporches,box and bay windows and otherarchitecturalprojections)in thesame vertical plane as the first floor wall shall be veneered with a minimum of 85% (eighty-five percent) coverage of unit masonry defined below)or hand troweled,cement-based 3-coat stucco on the front elevation and 75%(seventy-five percent)unit masonry or hand-troweled,cement-based.3-coat stucco on the side and rear elevations. Unit Masonry shall mean brick,natural stone,or concrete cast stone(or combination of thesematerials)laid upbyunit and set in mortar. ECONOMIC DEVELOPMENT INFORMATION pmon(The c erlmok at Big Bear Creek-Colleyv.11e) Page 6mr May a.zo1» Exhibit "C" - Statement of Planning Objectives (Continued) As envisoned, The Overlook will generate substantial tax revenue for Tarrant County and the City of Colleyville.PRO estimates homes will be completed according to the followingschedule: Year omescompieted Total 2014 5 5 2015 20 25 2016 20 45 2017 20 sn 2018 8 73 Based on the 2010 ad valorum tax rate of$2.omS180 and an average home price n,$75uw. estimated aU valorum taxes are as follows: Year Ad Valorum Tax 2015 86,000 2016 G428.000 2017 770.000 2018 1,111,000 2019 S1,248.300 2020 1.2*0.300 Note:Tax estimate assume a flat rate based on 2010 values SUMMARY The Ovenoox, when developed, will be a large lot up-scale development featuring 73 residential lots containing custom andsemi-customhomes from $500k on up. PRO believes that The Overlook will be a meaningful conbibulion to the City of Colleyville, and provide consistency with the adjacent neighbomoods whilecomplying with the City's Future Land Use Plan. The homevalues will generate significant tax revenues for theCity and protectsurrounding home values. The requests of the PUD-R made hereinare consistent with thePUD-R provisions and havebeen thoughtfullyconstrued so as to protect surrounding home and community values, whileupholding the guidelines created by theCity's comprehensivezoning md.nanoo pRC respectfully requests the City of Colleyville Planning and ZoningCommission and City Council approve this PUD-R and allow The Overlook to move forward as planned herein. PUD-R(The Overlook at Big BearCneekColley"iUe) Page 7 of 7 May6.2O}3 Exhibit "D"- Conceptual Site Plan a r1.a y..°c.Y.. e:. ..' i 3 t Yi sx Lw.f G F rb 7 1.e rt ...,j L• is 4'11::"..', L, ? '''.`*:;-,t'. x age it ' j 3 K asu " 14 AI. • 1. 4xs. ' r j'£ y ,qL S Yr} L n 'f i @•; s.. WfY 7b\ ' W 1 ', tea t4N>. ac, u 3 h •r. 3 x a k ASE -I -T , y. r i., x, 4 - c u x a 1' ai i PHASE T „w r . Vi_,. i W s R-K. tittt L 11,07 W LOT f 'KS+ r \ 4 z - t f ei _ ' 3 t, d,` a L! r 5 Frr 1 1 P BLCCn HR3E 2 '' e r a wr Fa*- .w i '''?-7°'-' ' ri°iou ,'=`.,),=1i 1 ; • i'. g„,,,,,,,,. .. w._ -' j 1, ear.: vs,.PHASE.1 eF sx:.r` isax T f i h w x. 1i. a 9 u. ,'- .,.._ ,: 4 u ru j PH E1 1 N 89'JTpy'•W k W U k•t'OJ h f+^aJI Y ' sN881488W• z ORDINANCE O-14-1912 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 45,000 SQUARE FOOT PORTION OF TRACT 1F & 1G, ABSTRACT 1038 OF THE ALL MEDLIN SURVEY AND TRACTS 1A02 & 1C, ABSTRACT 295 OF THE WILLIAM E CROOKS SURVEY, LOCATED AT 7612 AND 7624 PLEASANT RUN ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A TEMPORARY CONCRETE BATCH PLANT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC14-004; 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; 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, among other things, to 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-14-1912 Page 2 of 6 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 a 45,000 square foot portion of Tract 1F & 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, by authorizing a Special Use Permit for a temporary concrete batch plant, as depicted on Exhibit “A,” labeled as Location and Zoning Map. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. HOURS OF OPERATION a. The hours of operation for shall be as follows: Monday – Saturday: 7:00 a.m. – 6:00 p.m. b. The temporary concrete batch plant shall be in use for twenty-one (21) days from the date of issuance of the Notice of Intent. 2. PERMITTED USES a. The temporary concrete batch plant allowed by this Special Use Permit must be permitted by the Texas Air Control Board. Ordinance O-14-1912 Page 3 of 6 b. The Special Use Permit shall meet all state and federal requirements for concrete batch plants. A copy of the Storm Water and Waste Water Pollution Prevention Plan (SWWPPP), and the Notice of Intent (NOI) must be posted on the premise. c. The area boundaries of the temporary concrete batch plant shall generally conform to the attached, Exhibit “B” labeled as Zoning Exhibit. d. The material delivery trucks will be instructed to travel southwest on Highway 26 to John McCain Road; then travel west on John McCain Road to Pleasant Run Road; and travel north on Pleasant Run Road. e. The batch plant will be used to provide concrete for no other project(s) other than the Overlook at Big Bear Creek. f. The temporary concrete batch plant must be a minimum of 300 feet from any school or habitable residence. g. A notice to proceed will be issued by the Director of Public Works or designee. The letter will state that the batch plant shall only be allowed in conjunction with the construction site for which the permit is issued. This letter will be kept on site with the TCEQ documentation. h. The Public Works Director or designee will determine if additional materials testing will be required. City staff will determine the testing personnel required and any cost of testing will be passed onto the applicant. Sec. 5. 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. 6. 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. Ordinance O-14-1912 Page 4 of 6 Sec. 7. 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. 8. 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. 9. 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 by City Council on the 1st day of April 2014. The second reading and public hearing being conducted by City Council on the 15th day of April 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A –Location and Zoning Map Exhibit B–Zoning Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 03/24/2014 Number Type Public Hearing Agenda Items Department Community Development Title Request for a Special Use Permit for a temporary concrete batch plant on an approximate 37,500 square foot portion of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey, Abstract 685, The Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734, located at the northwest corner of Heritage Avenue and Cheek Sparger Road, Case ZC14-006 Explanation Mark Leonard with Gilco Contracting submitted a request for a temporary concrete batch plant for a 37,500 square foot area, located west of Heritage Avenue along the south boundary line of the Creekside at Colleyville, Phase I project. The temporary batch plant will be solely used to provide concrete for Creekside at Colleyville, approved under Ordinances O-07-1645, O-13-1866 and O-13-1899 (attached) Applicant's Request. Creekside at Colleyville is a proposed single family subdivision owned by Terra/Manna Creekside LLC. Phase I will impact 10.8 acres and 37 lots out of the 108.5 acre site, which will include 228 single family residential lots and open space along Little Bear Creek. The proposed temporary batch plant will be 300 feet south of the intersection of Glade Road and Heritage Avenue, and 163 feet west of the Heritage Avenue right-of-way line. The area of the proposed use will be 37,500 square feet, which will be 150 feet by 250 feet. The applicant is requesting the temporary use for 21 days to construct streets for the new subdivision. The batch plant's hours of operation will be between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday. The closest habitable residences to the proposed temporary batch plant are 600 feet to the west; the closest habitable residences to the north are 750 feet; the closest habitable residences to the east are 3,500 feet; and the closest habitable residences to the southeast are multi-family units that are 300 feet away from the proposed temporary batch plant. Parking and Access. Material delivery trucks will be instructed to travel from Highway 121 west on Glade Road approximately 1,700 feet to Heritage Avenue; then, travel south along Heritage Avenue approximately 300 feet to the project entrance on Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 the west side of Heritage Avenue. Federal and State Requirements. The applicant has submitted a standard permit to the Texas Air Control Board. A Storm Water Pollution Prevention Plan (SWPPP or SWP3) and Notice of Intent have also been prepared for the Texas Commission on Environmental Quality (TCEQ). These documents must be kept on the work site. Summary. The temporary concrete batch plant would only be used to provide concrete for the new development being constructed. Several benefits exist by utilizing a temporary batch plant on-site, including better quality control of the concrete being produced, and eliminating concrete mixer trucks that would use public streets to access the site. Therefore, staff recommends approval of the temporary concrete batch plant for Creekside at Colleyville, Phase I. Recommendation Approval with the following conditions: 1. HOURS OF OPERATION a. The hours of operation for shall be as follows: Monday – Saturday: 7:00 a.m. – 6:00 p.m. b. The temporary concrete batch plant shall be in use for twenty-one (21) days from the date of issuance of the Notice of Intent. 2. PERMITTED USES a. The temporary concrete batch plant allowed by this Special Use Permit must be permitted by the Texas Air Control Board. b. The Special Use Permit shall meet all state and federal requirements for concrete batch plants. A copy of the Storm Water and Waste Water Pollution Prevention Plan (SWWPPP), and the Notice of Intent (NOI) must be posted on the premise. c. The area boundaries of the temporary concrete batch plant shall generally conform to the attached, Exhibit “B” labeled as Zoning Exhibit. d. The material delivery trucks will be instructed to travel west on Glade Road to Heritage Avenue; then south along Heritage Avenue approximately 300 feet to the project entrance on the west side of Heritage Avenue. e. The batch plant will be used to provide concrete for no other project other than Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 3 Creekside at Colleyville, Phase I. f. The temporary concrete batch plant must be a minimum of 300 feet from any school or habitable residence. g. A notice to proceed will be issued by the Director of Public Works or designee. The letter will state that the batch plant shall only be allowed in conjunction with the construction site for which the permit is issued. This letter will be kept on site with the TCEQ documentation. h. The Public Works Director or designee will determine if additional materials testing will be required. City staff will determine the testing personnel required and any cost of testing will be passed onto the applicant. Attachments 1.Location and Zoning Map 2.Aerial 3.Buffer Map 4.Notification List 5.Letter of Opposition 6.Zoning Exhibit 7.Application 8.Ordinance O-07-1645 9.Ordinance O-13-1899 10.Ordinance O-13-1866 11.Ordinance O-14-1913 4104 4607 3606 3930 3904 4522 2700 4404 3302 4206 3300 4618 3302 3204 4900 5032 4101 3138 4102 4102 3401 3900 3505 4002 4106 3117 3004 21003920 4604 4009 4617 3003 3207 36123608 5001 2915 4103 3124 4302 3202 5021 3930 4700 2808 3125 3905 5002 4614 4001 4008 4101 3909 3110 4204 5009 2907 3130 4415 3913 3901 2910 3003 3605 4703 2911 3501 3204 2704 5042 4801 4839 2920 3132 3106 4823 5005 3708 5006 3410 4303 5012 3101 3100 3301 5013 5100 3121 4209 2807 4103 3201 3405 3300 4407 4713 3203 2712 2912 2904 3711 3912 4900 4804 4414 3300 3902 5001 3501 4712 3201 3410 2800 3608 2912 4100 5028 4902 3203 4416 4526 3405 3103 4105 4309 3201 4904 2916 4100 3501 4200 3406 3101 3200 4801 4705 4500 3115 3103 3402 3402 4311 4402 4500 3405 2904 5003 3106 4305 3913 4810 4600 3500 4801 3405 3407 4103 3302 3400 3409 3101 3007 3404 3304 4903 3105 5002 3404 2913 2804 4601 4203 4409 5001 2902 4803 34014805 3008 4801 4400 4612 4105 4900 3613 2803 4412 4106 4005 3200 3503 4208 4209 2712 3604 3204 4500 3407 4411 4702 2916 5100 2903 3909 4206 5001 5008 3303 4200 4301 4403 5005 4808 5004 4709 4707 3206 4702 4605 3605 4908 4101 4207 4304 5025 5016 4613 3106 3907 4407 5007 4005 4706 4511 2711 4609 3101 3002 3906 3305 4619 4000 4203 4902 3107 4700 4609 4318 3303 4501 4600 4007 4600 5005 5030 3515 3005 3400 2804 3801 4505 4509 3300 4828 4703 5002 5049 3305 4300 3202 3000 3209 3913 3912 4004 4814 3404 4403 4513 5065 4912 2905 3305 4206 4603 3103 4302 5005 4900 4103 4204 4800 3200 3411 4100 4203 4316 3202 4715 2705 4201 4202 4417 4916 4502 4607 3201 2800 4518 5003 2901 4611 5017 4831 3201 3402 2703 3527 2902 3104 4309 3504 4401 4000 4013 4820 3909 4808 2913 4600 5057 3503 4000 3301 2800 3303 3102 4611 3304 3209 3900 3601 3305 5008 4008 3508 2904 2914 3100 3304 3609 2919 4300 2811 4714 3102 4404 2800 4514 5004 3409 3113 2705 4209 2908 2904 3301 4302 4205 4402 3405 4009 4311 4001 4515 3303 4204 3903 4905 4017 5000 3401 3408 3022 3901 3909 4701 3200 3406 2808 4601 3404 3408 4712 3401 5002 4000 3000 3134 3300 4702 4200 4704 4816 4903 4708 3404 5004 4101 4101 3101 2709 3903 3303 4201 3609 3104 3612 4704 5009 3908 3407 4207 3024 3301 3925 5000 3401 3205 4602 3001 2708 5008 3102 4100 4205 4307 4901 4901 4303 3608 3905 3408 4510 3303 3205 4906 3933 4900 3500 3201 2918 4700 3531 4515 2900 3305 4901 3403 4827 3101 3004 4008 2908 2909 3410 3501 3013 3300 3917 5020 4505 4904 3519 4800 3400 4902 3203 3900 4704 3205 4001 4202 2800 4313 3401 5060 3700 3409 4819 30082900 3403 3204 3020 5036 3509 3829 3005 3303 3909 4004 3407 4201 3202 3207 4908 4907 2910 4305 3400 2921 3404 4190 4900 4005 4406 4904 5012 3905 2703 3612 3304 4101 4201 3403 3301 3403 4012 3612 4905 3830 3701 4102 4101 3408 3505 2800 3405 3013 4613 2906 2909 2906 4801 4612 3302 5008 2904 2912 3016 3604 3114 4306 4104 3301 5069 5009 2913 5032 5005 3100 5048 3106 4905 5013 4700 3205 3412 5005 4104 3406 3605 3407 3400 4401 3204 5005 3901 4009 4301 4305 4100 4208 3004 3204 4515 3411 4308 3300 4808 3100 5005 4205 3511 4713 4013 2909 3302 3302 3411 5050 3609 4710 4806 4906 5000 4610 2907 5005 4905 3000 4704 4310 3203 4802 4007 4205 4805 4005 3302 3207 4503 3401 5024 4711 3400 5004 4304 4405 4812 3122 4006 3409 3300 4001 4905 3100 33034616 3507 4001 4102 4202 4903 2920 3505 4709 2804 4802 3206 3302 3401 2900 5001 4603 4102 4301 5052 4906 4703 3120 4605 2904 3406 3202 2905 4615 2700 3403 4803 5044 3400 3506 3613 5101 4103 3203 2908 2908 3128 3009 3304 4104 3129 2912 4804 3004 3301 4709 3901 4615 5001 2803 4306 3001 3907 4313 3908 4005 4809 4203 4314 4406 3501 3500 2905 4003 4303 3200 3503 4300 5052 5053 3613 3917 3405 4200 3200 3402 4400 3805 5061 4832 3102 3202 3904 4708 5000 4904 3300 5003 3905 4608 4824 3506 3003 3301 3905 3605 4009 3301 3305 5001 2908 3608 4904 4608 3908 4606 3411 3305 4800 4009 5009 5002 4506 4207 4705 5000 3605 4835 3104 2802 4204 3203 3200 3929 4701 4703 3102 3402 3001 2807 3404 3604 4100 5000 3809 4601 4707 2911 3001 3126 3136 3200 5101 3904 3103 3403 4701 3101 3201 4303 4800 5003 2901 3304 2803 3901 5009 2704 4605 4205 2912 4803 3103 4304 3523 3410 3203 5013 5004 5056 3409 4901 4408 4307 4802 5028 4312 4413 4711 3613 3100 3005 4705 3111 3206 3403 5012 3408 4617 4003 5064 3900 4900 5004 3609 3302 3104 3502 3913 2800 3908 4108 4708 3100 4504 3205 4800 3009 4836 2707 4803 3407 3205 4504 4900 3105 3305 3000 2800 4410 4105 3206 4305 2900 2903 4401 3201 5056 3937 2715 4804 3301 2705 2800 4905 4004 4013 3504 4804 5017 4904 3118 3001 3203 3103 5004 3402 4609 4604 3100 3109 2804 DE E P W O O D R D AU B U R N D A L E A V E W I N E W O O D C T SH A D Y C R E E K L N CUMBE R L A N D C T SCARBO R O U G H L N E AMBERLEY CT GLEND A L E D R GR E E N O A K S D R WAYSIDE DR CAMBRIDGE CT BLACKJACK OAK DR CARISBROOKE C T WILTON W O O D S C T OV E R H I L L D R SCARBOROUGH LANE CT CH R I S M A C W A Y O X F O R D C T EV E R S H A M C T SHE R W O O D L N COTSWOLD CT PA R K V I E W C T HICKORY HI L L L N LAUREN ' S P L LE X I N G T O N P K W Y LAKESIDE DR LANGLEY HILL LN SU M M I T H I L L C T WOODLAND HEIGHTS CIR SHUMARD OAK LN CR O S S G A T E C I R E QUEENSBURY WAY CT PO S T O A K T R L WINEWOOD PL WE S T G R O V E L N SH E R W O O D L N CROSSGATE CIR N HE R I T A G E A V E HE R I T A G E O A K S D R OL D O A K L N G A T E W A Y C T HE R I T A G E A V E B E C K L E Y C T EATON CIR MIDDLETON WAY EASTO N B U R Y C T ME L R O S E P A R K D R W G L A D E R D ST ALBANS CIRMEADOWVIEW CT AL L E N D A L E S T BO W D E N H I L L L N E QU E E N S B U R Y W A Y E SHAD Y W O O D L N PEMBROOKE PKWY S SC A R B O R O U G H L N W RO B E R T S R D MEA N D E R I N G W A Y S P R I N G H O L L O W S T PE M B R O O K E P K W Y W SHENANDOAH PL PR E S T W I C K D R QUEENSBURY WAY W GLADE RD MA R T I N P K W Y JA C K S O N R D COPPERGLEN CIR BOWDEN HILL LN N MEADOWVIEW DR ST R A T H M O R E T E R MEL R O S E P A R K C T WEXFORD CT MA R T I N D R WI L D W O O D C T PEMBROOKE PK W Y N CROSSGATE CIR S WINDS O R C T JACKSON CT Ü Subject Property Legend 200 ft buffer City Limit Boundary AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential City of Euless City of Bedford Location and Zoning Map 4104 4607 3606 3930 3904 4522 2700 4404 3302 4206 3300 4618 3302 3204 4900 5032 4101 3138 4102 4102 3401 3900 3505 4002 4106 3117 3004 21003920 4604 4009 4617 3003 3207 36123608 5001 2915 4103 3124 4302 3202 3930 4700 2808 3125 3905 5002 4614 4001 4008 4101 3909 3110 4204 5009 2907 3130 4415 3913 3901 2910 3003 3605 4703 2911 3501 3204 2704 5042 4801 4839 2920 3132 3106 4823 5005 3708 5006 3410 4303 5012 3101 3100 5100 3301 5013 3121 4209 2807 4103 3201 3405 3300 4407 4713 3203 2712 2912 2904 3711 3912 4900 4804 4414 3300 3902 5001 3501 4712 3201 3410 2800 3608 2912 4100 5028 4902 3203 4416 4526 3405 3103 4105 4309 3201 4904 2916 4100 3501 4200 3406 3101 3200 4801 4705 4500 3115 3103 3402 3402 4311 4402 4500 5003 3405 2904 3106 4305 3913 4810 4600 3500 4801 3405 3407 4103 3302 3400 3409 3101 3007 3404 3304 4903 3105 5002 3404 2913 2804 4601 4203 4409 5001 2902 4803 34014805 3008 4801 4400 4612 4105 4900 3613 2803 4412 4106 4005 3200 3503 4208 4209 2712 3604 3204 4500 3407 4411 4702 2916 5100 2903 3909 4206 5001 5008 3303 4200 4301 4403 5005 4808 5004 4709 4707 3206 4702 4605 3605 4908 4101 4207 4304 5016 4613 3106 3907 4407 4005 5007 4706 4511 2711 4609 3101 3002 3906 3305 4619 4000 4203 4902 3107 4700 4609 4318 3303 4501 4600 4007 4600 5005 5030 3515 3005 3400 2804 3801 4505 4509 3300 4828 5002 4703 3305 4300 3202 3000 3209 3913 3912 4004 4814 3404 4403 4513 5065 4912 2905 3305 4206 4603 3103 4302 5005 4900 4103 4204 4800 3200 3411 4100 4203 4316 3202 4715 2705 4201 4202 4417 4916 4502 4607 3201 2800 4518 5003 2901 4611 5017 4831 3201 3402 3527 2902 3104 4309 3504 4401 4000 4013 4820 3909 4808 2913 4600 5057 3503 4000 3301 2800 3303 3102 4611 3304 3209 3900 3601 3305 5008 4008 3508 2904 2914 3100 3304 3609 2919 4300 2811 4714 3102 4404 2800 4514 5004 3409 3113 2705 4209 2908 2904 3301 4302 4205 4402 3405 4009 4311 4001 4515 3303 4204 3903 4905 4017 5000 3401 3408 3022 3901 3909 4701 3200 3406 2808 4601 3404 3408 4712 3401 5002 4000 3000 3134 3300 4702 4200 4704 4903 4708 3404 5004 4101 4101 3101 2709 3903 3303 4201 3609 3104 3612 4704 3908 3407 4207 3024 3301 3925 5000 3401 3205 4602 3001 2708 5008 3102 4100 4205 4307 4901 4901 4303 3608 3905 3408 4510 3303 3205 4906 3933 4900 3500 3201 2918 4700 3531 4515 2900 3305 4901 3403 4827 3101 3004 4008 2908 2909 3410 3501 3013 3300 3917 5020 4505 4904 3519 4800 3400 4902 3203 3900 4704 3205 4001 4202 2800 4313 3401 5060 3700 3409 4819 30082900 3403 3204 3020 5036 3509 3829 3005 3303 3909 4004 3407 4201 3202 3207 4908 4907 2910 4305 3400 2921 3404 4190 4900 4005 4406 4904 5012 3905 2703 3612 3304 4101 4201 3403 3301 3403 4012 3612 4905 3830 3701 4102 4101 3408 3505 3405 3013 4613 2906 2909 2906 4801 4612 3302 5008 2904 2912 3016 3604 3114 4306 4104 3301 5069 5009 2913 5005 3100 5048 3106 4905 5013 4700 3205 3412 4104 5005 3406 3605 3407 3400 4401 3204 5005 3901 4009 4301 4305 4100 4208 3004 3204 4515 3411 4308 3300 4808 3100 5005 4205 3511 4713 4013 2909 3302 3302 3411 5050 3609 4710 4806 5005 4906 5000 4610 2907 4905 3000 4704 4310 3203 4802 4007 4205 4805 4005 3302 3207 4503 3401 5024 4711 3400 5004 4304 4405 4812 3122 4006 3409 3300 4001 4905 3100 3303 4616 3507 4001 4102 4202 4903 2920 3505 4709 2804 4802 3206 3302 3401 2900 5001 4603 4102 4301 5052 4906 3120 4605 2904 3406 3202 2905 4615 3403 4803 5044 3400 3506 3613 4103 3203 2908 2908 3128 3009 3304 4104 3129 2912 4804 3004 3301 4709 3901 4615 5001 2803 4306 3001 3907 4313 3908 4005 4809 4203 4314 4406 3501 3500 2905 4003 4303 3200 3503 4300 5052 5053 3613 3917 3405 4200 3200 3402 4400 3805 5061 4832 3102 3202 3904 4708 5000 4904 3300 5003 3905 4608 4824 3506 3003 3301 3905 3605 4009 3301 3305 5001 2908 3608 4904 4608 3908 4606 3411 3305 4800 4009 5002 5009 4506 4207 4705 5000 3605 4835 3104 2802 4204 3203 3200 3929 4701 4703 3102 3402 3001 2807 3404 3604 4100 3809 4601 4707 5000 2911 3001 3126 3136 3200 5101 3904 3103 3403 4701 3101 3201 4303 4800 5003 2901 3304 2803 3901 5009 2704 4605 4205 2912 4803 3103 4304 3523 3410 3203 5013 5004 5056 3409 4901 4408 4307 4802 5028 4312 4413 4711 3613 3100 3005 4705 3111 3206 3403 5012 3408 4617 4003 5064 3900 4900 5004 3609 3302 3104 3502 3913 2800 3908 4108 4708 3100 4504 3205 4800 3009 4836 2707 4803 3407 3205 4504 4900 3105 3305 3000 2800 4410 4105 3206 4305 2900 2903 4401 3201 3937 2715 4804 3301 2705 2800 4905 4004 4013 3504 4804 5017 4904 3118 3001 3203 3103 5004 3402 4609 4604 3100 3109 2804 DE E P W O O D R D AU B U R N D A L E A V E W I N E W O O D C T SH A D Y C R E E K L N CUMBE R L A N D C T SCARBO R O U G H L N E AMBERLEY CT GLEND A L E D R GR E E N O A K S D R WAYSIDE DR CAMBRIDGE CT BLACKJACK OAK DR CARISBROOKE C T WILTON W O O D S C T OV E R H I L L D R SCARBOROUGH LANE CT CH R I S M A C W A Y O X F O R D C T EV E R S H A M C T SHE R W O O D L N COTSWOLD CT PA R K V I E W C T HICKORY HIL L L N LAUREN ' S P L LE X I N G T O N P K W Y LAKESIDE DR LANGLEY HILL LN SU M M I T H I L L C T WOODLAND HEIGHTS CIR SHUMARD OAK LN CR O S S G A T E C I R E QUEENSBURY WAY CT PO S T O A K T R L WINEWOOD PL WE S T G R O V E L N SH E R W O O D L N CROSSGATE CIR N HE R I T A G E A V E HE R I T A G E O A K S D R OL D O A K L N G A T E W A Y C T HE R I T A G E A V E B E C K L E Y C T EATON CIR MIDDLETON WAY EASTO N B U R Y C T ME L R O S E P A R K D R W G L A D E R D ST ALBANS CIRMEADOWVIEW CT AL L E N D A L E S T BO W D E N H I L L L N E QU E E N S B U R Y W A Y E SHAD Y W O O D L N PEMBROOKE PKWY S SC A R B O R O U G H L N W RO B E R T S R D MEA N D E R I N G W A Y S P R I N G H O L L O W S T PE M B R O O K E P K W Y W SHENANDOAH PL PR E S T W I C K D R QUEENSBURY WAY W GLADE RD MA R T I N P K W Y JA C K S O N R D COPPERGLEN CIR BOWDEN HILL LN N MEADOWVIEW DR ST R A T H M O R E T E R MEL R O S E P A R K C T WEXFORD CT MA R T I N D R WI L D W O O D C T PEMBROOKE PK W Y N CROSSGATE CIR S WINDS O R C T JACKSON CT Ü Subject Property Legend 200 ft buffer City Limit Boundary City of Euless City of Bedford Aerial 4104 4607 3606 3930 3904 4522 2700 4404 3302 4206 3300 4618 3302 3204 4900 5032 4101 3138 4102 4102 3401 3900 3505 4002 4106 3117 3004 21003920 4604 4009 4617 3003 3207 36123608 5001 2915 4103 3124 4302 3202 3930 4700 2808 3125 3905 5002 4614 4001 4008 4101 3909 3110 4204 5009 2907 3130 4415 3913 3901 2910 3003 3605 4703 2911 3501 3204 2704 5042 4801 4839 2920 3132 3106 4823 5005 3708 5006 3410 4303 5012 3101 3100 5100 3301 5013 3121 4209 2807 4103 3201 3405 3300 4407 4713 3203 2712 2912 2904 3711 3912 4900 4804 4414 3300 3902 5001 3501 4712 3201 3410 2800 3608 2912 4100 5028 4902 3203 4416 4526 3405 3103 4105 4309 3201 4904 2916 4100 3501 4200 3406 3101 3200 4801 4705 4500 3115 3103 3402 3402 4311 4402 4500 5003 3405 2904 3106 4305 3913 4810 4600 3500 4801 3405 3407 4103 3302 3400 3409 3101 3007 3404 3304 4903 3105 5002 3404 2913 2804 4601 4203 4409 5001 2902 4803 34014805 3008 4801 4400 4612 4105 4900 3613 2803 4412 4106 4005 3200 3503 4208 4209 2712 3604 3204 4500 3407 4411 4702 2916 5100 2903 3909 4206 5001 5008 3303 4200 4301 4403 5005 4808 5004 4709 4707 3206 4702 4605 3605 4908 4101 4207 4304 5016 4613 3106 3907 4407 4005 5007 4706 4511 2711 4609 3101 3002 3906 3305 4619 4000 4203 4902 3107 4700 4609 4318 3303 4501 4600 4007 4600 5005 5030 3515 3005 3400 2804 3801 4505 4509 3300 4828 5002 4703 3305 4300 3202 3000 3209 3913 3912 4004 4814 3404 4403 4513 5065 4912 2905 3305 4206 4603 3103 4302 5005 4900 4103 4204 4800 3200 3411 4100 4203 4316 3202 4715 2705 4201 4202 4417 4916 4502 4607 3201 2800 4518 5003 2901 4611 5017 4831 3201 3402 3527 2902 3104 4309 3504 4401 4000 4013 4820 3909 4808 2913 4600 5057 3503 4000 3301 2800 3303 3102 4611 3304 3209 3900 3601 3305 5008 4008 3508 2904 2914 3100 3304 3609 2919 4300 2811 4714 3102 4404 2800 4514 5004 3409 3113 2705 4209 2908 2904 3301 4302 4205 4402 3405 4009 4311 4001 4515 3303 4204 3903 4905 4017 5000 3401 3408 3022 3901 3909 4701 3200 3406 2808 4601 3404 3408 4712 3401 5002 4000 3000 3134 3300 4702 4200 4704 4903 4708 3404 5004 4101 4101 3101 2709 3903 3303 4201 3609 3104 3612 4704 3908 3407 4207 3024 3301 3925 5000 3401 3205 4602 3001 2708 5008 3102 4100 4205 4307 4901 4901 4303 3608 3905 3408 4510 3303 3205 4906 3933 4900 3500 3201 2918 4700 3531 4515 2900 3305 4901 3403 4827 3101 3004 4008 2908 2909 3410 3501 3013 3300 3917 5020 4505 4904 3519 4800 3400 4902 3203 3900 4704 3205 4001 4202 2800 4313 3401 5060 3700 3409 4819 30082900 3403 3204 3020 5036 3509 3829 3005 3303 3909 4004 3407 4201 3202 3207 4908 4907 2910 4305 3400 2921 3404 4190 4900 4005 4406 4904 5012 3905 2703 3612 3304 4101 4201 3403 3301 3403 4012 3612 4905 3830 3701 4102 4101 3408 3505 3405 3013 4613 2906 2909 2906 4801 4612 3302 5008 2904 2912 3016 3604 3114 4306 4104 3301 5069 5009 2913 5005 3100 5048 3106 4905 5013 4700 3205 3412 4104 5005 3406 3605 3407 3400 4401 3204 5005 3901 4009 4301 4305 4100 4208 3004 3204 4515 3411 4308 3300 4808 3100 5005 4205 3511 4713 4013 2909 3302 3302 3411 5050 3609 4710 4806 5005 4906 5000 4610 2907 4905 3000 4704 4310 3203 4802 4007 4205 4805 4005 3302 3207 4503 3401 5024 4711 3400 5004 4304 4405 4812 3122 4006 3409 3300 4001 4905 3100 3303 4616 3507 4001 4102 4202 4903 2920 3505 4709 2804 4802 3206 3302 3401 2900 5001 4603 4102 4301 5052 4906 3120 4605 2904 3406 3202 2905 4615 3403 4803 5044 3400 3506 3613 4103 3203 2908 2908 3128 3009 3304 4104 3129 2912 4804 3004 3301 4709 3901 4615 5001 2803 4306 3001 3907 4313 3908 4005 4809 4203 4314 4406 3501 3500 2905 4003 4303 3200 3503 4300 5052 5053 3613 3917 3405 4200 3200 3402 4400 3805 5061 4832 3102 3202 3904 4708 5000 4904 3300 5003 3905 4608 4824 3506 3003 3301 3905 3605 4009 3301 3305 5001 2908 3608 4904 4608 3908 4606 3411 3305 4800 4009 5002 5009 4506 4207 4705 5000 3605 4835 3104 2802 4204 3203 3200 3929 4701 4703 3102 3402 3001 2807 3404 3604 4100 3809 4601 4707 5000 2911 3001 3126 3136 3200 5101 3904 3103 3403 4701 3101 3201 4303 4800 5003 2901 3304 2803 3901 5009 2704 4605 4205 2912 4803 3103 4304 3523 3410 3203 5013 5004 5056 3409 4901 4408 4307 4802 5028 4312 4413 4711 3613 3100 3005 4705 3111 3206 3403 5012 3408 4617 4003 5064 3900 4900 5004 3609 3302 3104 3502 3913 2800 3908 4108 4708 3100 4504 3205 4800 3009 4836 2707 4803 3407 3205 4504 4900 3105 3305 3000 2800 4410 4105 3206 4305 2900 2903 4401 3201 3937 2715 4804 3301 2705 2800 4905 4004 4013 3504 4804 5017 4904 3118 3001 3203 3103 5004 3402 4609 4604 3100 3109 2804 DE E P W O O D R D AU B U R N D A L E A V E W I N E W O O D C T SH A D Y C R E E K L N CUMBE R L A N D C T SCARBO R O U G H L N E AMBERLEY CT GLEND A L E D R GR E E N O A K S D R WAYSIDE DR CAMBRIDGE CT BLACKJACK OAK DR CARISBROOKE C T WILTON W O O D S C T OV E R H I L L D R SCARBOROUGH LANE CT CH R I S M A C W A Y O X F O R D C T EV E R S H A M C T SHE R W O O D L N COTSWOLD CT PA R K V I E W C T HICKORY HIL L L N LAUREN ' S P L LE X I N G T O N P K W Y LAKESIDE DR LANGLEY HILL LN SU M M I T H I L L C T WOODLAND HEIGHTS CIR SHUMARD OAK LN CR O S S G A T E C I R E QUEENSBURY WAY CT PO S T O A K T R L WINEWOOD PL WE S T G R O V E L N SH E R W O O D L N CROSSGATE CIR N HE R I T A G E A V E HE R I T A G E O A K S D R OL D O A K L N G A T E W A Y C T HE R I T A G E A V E B E C K L E Y C T EATON CIR MIDDLETON WAY EASTO N B U R Y C T ME L R O S E P A R K D R W G L A D E R D ST ALBANS CIRMEADOWVIEW CT AL L E N D A L E S T BO W D E N H I L L L N E QU E E N S B U R Y W A Y E SHAD Y W O O D L N PEMBROOKE PKWY S SC A R B O R O U G H L N W RO B E R T S R D MEA N D E R I N G W A Y S P R I N G H O L L O W S T PE M B R O O K E P K W Y W SHENANDOAH PL PR E S T W I C K D R QUEENSBURY WAY W GLADE RD MA R T I N P K W Y JA C K S O N R D COPPERGLEN CIR BOWDEN HILL LN N MEADOWVIEW DR ST R A T H M O R E T E R MEL R O S E P A R K C T WEXFORD CT MA R T I N D R WI L D W O O D C T PEMBROOKE PK W Y N CROSSGATE CIR S WINDS O R C T JACKSON CT Ü Subject Property Legend 200 ft buffer Properties within 200 ft buffer City Limit Boundary City of Euless City of Bedford Buffer Map Owner Name Owner Address Owner CityOwner StateOwner ZipSitus Address 3798 GLADE INVESTMENT LTD PO BOX 1901 COLLEYVILLE TX76034 005064 COPPERGLEN CIR AKERS, THOMAS R & DIANE AKERS4003 BOWDEN HILL LN E COLLEYVILLE TX76034 004003 BOWDEN HILL LN E ALEXANDER, SCOTT ETUX BECKY 3411 LANGLEY HILL LN COLLEYVILLE TX76034 003411 LANGLEY HILL LN AMERSON, ALBERT E III ETUX STA4206 LEXINGTON PKWY COLLEYVILLE TX76034 004206 LEXINGTON PKWY ANDREWS, LANCE ETUX MARY 4001 BOWDEN HILL LN E COLLEYVILLE TX76034 004001 BOWDEN HILL LN E ARMS, JOHN W 3609 AMBERLEY CT COLLEYVILLE TX76034 003609 AMBERLEY CT BARNARD, WILLIAM H ETUX COLENE3613 WEXFORD CT COLLEYVILLE TX76034 003613 WEXFORD CT BARNGROVER, CARL A ETUX4205 LEXINGTON PKWY COLLEYVILLE TX76034 004205 LEXINGTON PKWY BARON, DOUG ETUX SHARON K3402 CAMBRIDGE CT COLLEYVILLE TX76034 003402 CAMBRIDGE CT BARR, TERRY ETUX THERESA3612 COTSWOLD CT COLLEYVILLE TX76034 003612 COTSWOLD CT BOSTICK, JAMES D ETUX KRISTINA 3909 BOWDEN HILL LN E COLLEYVILLE TX76034 003909 BOWDEN HILL LN E BRADFORD, RICHARD H & LAVONNE3209 WALKER PL GRAPEVINE TX76051005005 COPPERGLEN CIR CARLISLE, VINECE ETVIR THOMAS4306 CHRISMAC WAY COLLEYVILLE TX76034 004306 CHRISMAC WAY CHILES, STEPHEN ETUX L GREGORY 4202 LEXINGTON PKWY COLLEYVILLE TX76034 004202 LEXINGTON PKWY CLEGG, FRANCIS L ETUX DORIS M3403 CAMBRIDGE CT COLLEYVILLE TX76034 003403 CAMBRIDGE CT COHEN, ANDREW R ETUX MIRIAM A3503 PEMBROOKE PKWY S COLLEYVILLE TX76034 003503 PEMBROOKE PKWY S COLLEYVILLE ASSOC HERITAGE OAK 545 E JOHN CARPENTER FWY #1500 IRVING TX75062005030 HERITAGE OAKS DR COPPERGLEN HOA INC PO BOX 1901 COLLEYVILLE TX76034 005001 COPPERGLEN CIR CRUMP, EDWARD J ETUX KAY M3404 PEMBROOKE PKWY S COLLEYVILLE TX76034 003404 PEMBROOKE PKWY S DANA, FARID 3501 PEMBROOKE PKWY S COLLEYVILLE TX76034 003501 PEMBROOKE PKWY S DANNER, DELYLE JE ETUX REBECCA 4005 BOWDEN HILL LN E COLLEYVILLE TX76034 004005 BOWDEN HILL LN E DUCIC, KIMBERLY A 5065 COPPERGLEN CIR COLLEYVILLE TX76034 005065 COPPERGLEN CIR ELDRIDGE, DEAN 4102 LEXINGTON PKWY COLLEYVILLE TX76034 004102 LEXINGTON PKWY FROST, HOWARD M ETUX RENA 5009 COPPERGLEN CIR COLLEYVILLE TX76034 005009 COPPERGLEN CIR GAUNTT, JANICE A 4105 LEXINGTON PKWY COLLEYVILLE TX76034 004105 LEXINGTON PKWY GAVALAK, K A ETUX GLADYS M4203 LEXINGTON PKWY COLLEYVILLE TX76034 004203 LEXINGTON PKWY GODBEY, NEIL A 9249 DICKSON RD FORT WORTH TX76179003612 WEXFORD CT GREENWAY GLADE PARTNERS LP2808 FAIRMOUNT ST STE 100 DALLAS TX75201003900 GLADE RD HARLOW, KATHRYN ETVIR FLOYD4007 BOWDEN HILL LN E COLLEYVILLE TX76034 004007 BOWDEN HILL LN E HARRINGTON, R G & D SMITH EXEC4000 HERITAGE AVE COLLEYVILLE TX76034 002800 HERITAGE AVE HARRINGTON, R G & DOROTHY EXEC4000 HERITAGE AVE COLLEYVILLE TX76034 002800 HERITAGE AVE HARTNETT, STEPHEN P EST 1301 MUNICIPAL WAY STE 250 GRAPEVINE TX76051004500 WINEWOOD CT HEAD, RODNEY ETUX GINA M3613 WINEWOOD PL COLLEYVILLE TX76034 003613 WINEWOOD PL HOHERTZ, MICHAEL ETUX MARIE3411 BOWDEN HILL LN N COLLEYVILLE TX76034 003411 BOWDEN HILL LN N HUBER, EMERY C ETUX ANASTASIA3501 CAMBRIDGE CT COLLEYVILLE TX76034 003501 CAMBRIDGE CT JACKSON, PAUL K ETUX KRISTINE4204 LEXINGTON PKWY COLLEYVILLE TX76034 004204 LEXINGTON PKWY JUDKINS, STEPHEN ETUX MARIE R4305 LEXINGTON PKWY COLLEYVILLE TX76034 004305 LEXINGTON PKWY KENZIE, NATALIE A ETVIR JOHN W4207 LEXINGTON PKWY COLLEYVILLE TX76034 004207 LEXINGTON PKWY LAPPO, CYNTHIA L 3903 BOWDEN HILL LN E COLLEYVILLE TX76034 003903 BOWDEN HILL LN E LENAMON, PAMELA ANN 4318 PEMBROOKE PKWY N COLLEYVILLE TX76034 004318 PEMBROOKE PKWY N LI, HAOCHUAN ETUX MEI HAN4313 PEMBROOKE PKWY N COLLEYVILLE TX76034 004313 PEMBROOKE PKWY N LINCOLN, KATHLEEN K 4101 LEXINGTON PKWY COLLEYVILLE TX76034 004101 LEXINGTON PKWY MALONE, SUSAN FRAN 4605 WINEWOOD CT COLLEYVILLE TX76034 004609 WINEWOOD CT MALONE, SUSAN GENTRY 4605 WINEWOOD CT COLLEYVILLE TX76034 004605 WINEWOOD CT MCCLUNEY, C & AMOS MCCLUNEY 4200 LEXINGTON PKWY COLLEYVILLE TX76034 004200 LEXINGTON PKWY MCKINNEY, JAMES E ETUX DEANNA 4303 LEXINGTON PKWY COLLEYVILLE TX76034 004303 LEXINGTON PKWY MILLER, DEBRA 5028 HERITAGE OAKS DR COLLEYVILLE TX76034 005028 HERITAGE OAKS DR MILLER, MICHAEL B ETUX SHANNON3609 WEXFORD CT COLLEYVILLE TX76034 003609 WEXFORD CT OTTO, CLEMENT W ETUX MARY P3412 MIDDLETON WAY COLLEYVILLE TX76034 003412 MIDDLETON WAY PITTS, WALLACE J ETUX SHARI G3612 AMBERLEY CT COLLEYVILLE TX76034 003612 AMBERLEY CT RALEY RAILROAD LLC 3500 CAMBRIDGE CT COLLEYVILLE TX76034 003500 CAMBRIDGE CT RAMSEY, ROBERT RAY 4100 LEXINGTON PKWY COLLEYVILLE TX76034 004100 LEXINGTON PKWY RKPKEM LLC 2030 GLADE RD STE 204 GRAPEVINE TX76051003809 GLADE RD ROUTEN, RODNEY C ETUX PATRICIA3609 COTSWOLD CT COLLEYVILLE TX76034 003609 COTSWOLD CT SAINT MARY'S ROMANIAN ORTH CH3801 GLADE RD COLLEYVILLE TX76034 003801 GLADE RD SCHEU, DENNIS J ETUX CATHY 3608 WINEWOOD PL COLLEYVILLE TX76034 003608 WINEWOOD PL SCHIDE, JAMES ETUX SHARONPO BOX 697 COLLEYVILLE TX76034 004201 LEXINGTON PKWY SCOTT, LARRY P & LAURIE A LLC1915 YORKSHIRE CT LINCOLN NE68506003830 GLADE RD SHUTTLE CONSULTING LIMITED3612 WINEWOOD PL COLLEYVILLE TX76034 003612 WINEWOOD PL SILVERMAN, DONALD ETUX JOY PO BOX 610735 DALLAS TX75261003411 MIDDLETON WAY SOHN, TAESIK ETUX KYU NAM SOHN3608 AMBERLEY CT COLLEYVILLE TX76034 003608 AMBERLEY CT SPEIGHT CONSTRUCTION LTD5137 DAVIS BLVD NORTH RICHLAND HILLS TX76180005060 COPPERGLEN CIR STOVALL, SCOTT ETUX CHRISTI P3905 BOWDEN HILL LN E COLLEYVILLE TX76034 003905 BOWDEN HILL LN E STUMPF, JOHN ETUX DENISE3609 WINEWOOD PL COLLEYVILLE TX76034 003609 WINEWOOD PL SUBLETT, CHAS L ETUX DELORES C 3608 WEXFORD CT COLLEYVILLE TX76034 003608 WEXFORD CT TAYLOR, JANA AKERS 3608 COTSWOLD CT COLLEYVILLE TX76034 003608 COTSWOLD CT TAYLOR, MARY ETVIR KENNETH RAY4307 LEXINGTON PKWY COLLEYVILLE TX76034 004307 LEXINGTON PKWY TERRA MANNA CREEKSIDE LLC395 STATE HWY 114 STE 300 SOUTHLAKE TX76092003805 GLADE RD THEISS, EDWARD ETUX PATRICIA4103 LEXINGTON PKWY COLLEYVILLE TX76034 004103 LEXINGTON PKWY Notification List TORBATIAN, EBRAHIM ETUX J1305 CHESAPEAKE DR PLANO TX75093004301 LEXINGTON PKWY TRAN, TAM THI 3613 AMBERLEY CT COLLEYVILLE TX76034 003613 AMBERLEY CT VON STORCH, KENNETH ETUX DEBRA 5005 OVERHILL DR COLLEYVILLE TX76034 004009 BOWDEN HILL LN E VOTAW, ROBERT B & INKYUNG SONG 5032 HERITAGE OAKS DR COLLEYVILLE TX76034 005032 HERITAGE OAKS DR WATSON, RICHARD A & STEPHANIE3410 BOWDEN HILL LN N COLLEYVILLE TX76034 003410 BOWDEN HILL LN N WITT, ROBERT A ETUX LAURIE E4601 WINEWOOD CT COLLEYVILLE TX76034 004601 WINEWOOD CT WITT, ROBERT ETUX LAURIE4601 WINEWOOD CT COLLEYVILLE TX76034 004503 WINEWOOD CT WOEHRLE, SANDRA 3907 BOWDEN HILL LN E COLLEYVILLE TX76034 003907 BOWDEN HILL LN E WOOD, JERRY W EST & MAURINE5520 DAVIS BLVD NORTH RICHLAND HILLS TX76180003613 COTSWOLD CT WRIGHT, DAVID R ETUX SELDA3407 PEMBROOKE PKWY S COLLEYVILLE TX76034 003407 PEMBROOKE PKWY S YU, CHIAO‐CHIN MARK ETUX YUEN3901 BOWDEN HILL LN E COLLEYVILLE TX76034 003901 BOWDEN HILL LN E ZIEGLER, DAVID C ETUX BLANCHE3410 LANGLEY HILL LN COLLEYVILLE TX76034 003410 LANGLEY HILL LN WOODLAND HILLS HOA 4100 OXFORD COURT COLLEYVILLE TX76034 Courtesy Notice PRESTWICK PARK HOA 4912 PRESTWICK DRIVE COLLEYVILLE TX76034 Courtesy Notice Grapevine‐Colleyville ISD 3051 IRA E. WOODS AVENUE GRAPEVINE TX76092COURTESY NOTICE City of Euless 201 N. ECTOR DRIVE EULESS TX76039COURTESY NOTICE City of Bedford 2000 FOREST RIDGE BEDFORD TX76021COURTESY NOTICE GILCO CONTRACTING, INC.6331 SOUTHWEST BLVD BENBROOK TX76132APPLICANT Public hearing notices were mailed Fri., March 14, 2014 by Taci Wrisley Notification List Letter of Opposition Zo n i n g E x h i b i t Zo n i n g E x h i b i t Application Application Application TCEQ 10319 (11/07/2011) Page 1 Notice of Intent (NOI) for Discharges from Concrete Batch Plants under TPDES General Permit TXG110000 IMPORTANT: • Use the INSTRUCTIONS to fill out each question in this form. • Use the CHECKLIST to make certain all you filled out all required information. Incomplete applications WILL delay approval or result in automatic denial. • Once processed your permit can be viewed at http://www5.tceq.texas.gov/wq_dpa/ APPLICATION FEE: • You must pay the $ioo Application Fee to TCEQ for the paper application to be complete. • Payment and NOI must be mailed to separate addresses. See instructions for details. • Did you know you can pay online? • Go to https://www6.tceq.texas.gov/epay • Select Fee Type: GENERAL PERMIT WASTEWATER DISCHARGE APPLICATION • Provide your payment information below, for verification of payment: Mailed Check/Money Order No.: Name Printed on Check: EPAY • Voucher No.: • Is the Payment Voucher copy attached? Yes RENEWAL: Is this NOI a Renewal of an existing General Permit Authorization? Yes The Permit number is: TXG11 (If a permit number is not provided, a new number will be assigned.)  No 1) OPERATOR (Applicant) a) If the applicant is currently a customer with TCEQ, what is the Customer Number (CN) issued to this entity? You may search for your CN at: http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=cust.CustSearch CN 600434427 b) What is the Legal Name of the entity (applicant) applying for this permit? Gilco Contracting, Inc (The legal name must be spelled exactly as filed with the Texas Secretary of State, County, or in the legal document forming the entity.) c) What is the name and title of the person signing the application? The person must be an executive official meeting signatory requirements in TAC 305.44(a). Prefix (Mr. Ms. Miss): Mr. First/Last Name: Dale Gilreath Suffix: Title: President Credential: Application Application Application Application ORDINANCE 0-07-1645 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING 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 a rezoning under Case No. Z-07-008; 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 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after Ordinance 0-07-1645 Page 2 of6 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. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance by reference as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map and as described on Exhibit "B" labeled Legal Description. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.4 dwelling units per acre. There shall be no more than 269 single-family residential lots. b. Commercial lots shall be permitted along the frontage of Heritage Avenue. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where specifically amended by this Ordinance. 2. CONCEPTUAL PLAN. SITE PLAN. AND PLATTING a. The development shall be generally consistent with this Ordinance and the Conceptual Site Plan, labeled as Exhibit "C", which shall not be Ordinance 0-07-1645 Page 3 of6 considered a plat. The developer shall submit and receive approval from the City for any amendment to the Site Plan in accordance with the phasing of the development of any portion of this PUDR. A detailed Site Plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached. b. All commercial properties shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN- Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning Area "A" refers to lots adjacent to western property line. Planning Area "A" a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Building Height h. Maximum Lot Coverage 9,000 square feet 70 feet 120 feet 20 feet; or 15 feet for a front swing garage 5 feet 30 feet 40 feet 65% Planning Area "B" a. Average Lot Size b. Minimum Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line h. Maximum Building Height i. Maximum Lot Coverage 5. OPEN SPACE AND LANDSCAPE BUFFER Ordinance 0-07-1645 Page 4 of6 5,500 square feet 5,000 square feet 50 feet 105 feet 20 feet; or 15 feet for a front swing garage 0, 1 or 9 feet with a 10 foot minimum between buildings 10 feet 40 feet 65% a. A 10 foot wide landscape buffer shall be designated along the entire western property line. No structures may be constructed within the landscape buffer. The landscape buffer shall be incorporated in the rear lots of Planning Area "A". Such landscape buffer shall is not an open space lot. Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development as a whole. In addition, the Section 5.9 Tree Replacement Requirements shall apply to any replacement tree greater than three (3) inches in diameter which is substantially damaged or which dies within two (2) years of final inspection. b. Open space lots shall be maintained by the Homeowners Association. c. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements including a fireplace, fountains, lights and a dock and pier. These amenities shall be owned and maintained by a homeowners association. 6. PRIVATE SIDEWALKS AND STREETS a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed on-site along with all other public improvements as part of this development between Glade Road and Cheek Sparger Road and prior to the time of Final Plat. The City Manager or his designee may approve a reduced trail width of eight (8) feet if necessary based upon topographic, landscape, or other issues. Such trail shall be included as part of any Site Plan submittal, and shall be consistent with the City's then existing Master Trail Plan. Sec. 5. Sec. 6. Sec. 7. 7. SCREENING Ordinance 0-07-1645 Page 5 of6 a. An eight (8) foot masonry wall shall be built between any commercial and residential lots. b. An eight (8) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan. c. Perimeter fencing along Heritage Avenue shall only be required immediately adjacent to lots, and not be required along where floodplain or open space is adjacent to Heritage Avenue. 8. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall adhere to the requirements of the Land Development Code. c. The portion of the development located south of Little Bear Creek shall have a minimum of two (2) points of public vehicular ingress and egress from Cheek Sparger Road and/or Heritage Avenue. d. There shall be no direct access onto Glade Road from this development. e. There shall be no single family uses allowed adjacent to Heritage Avenue where there are, as of the passage of this ordinance, existing commercial uses directly across Heritage Avenue within the City of Euless. f. Retaining walls that are adjacent to residential lots shall be constructed with a stone facade. 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 specifically amended herein. 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. THAT if any section, paragraph, subdivision, clause, phrase or provision of Sec. 8. Sec. 9. Ordinance 0-07-1645 Page 6 of6 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. 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. 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 /{.z S:t day of 9-~ 2007. The second reading and r-v?TI6eA)2007. public hearing being conducted on the dz yt day of ATTEST: 71 , ___ ~~//'-r--f ..J.-' u;-,..) crrV:oF COLLEYVILLE L' -, -JJ),J~~~ Cynthia Singleton, TRMC, CMC David Kelly V City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Location and Zoning Map Exhibit "B" Legal Description CREEKSIDE AT COLLEYVILLE (PUD-R) 108.5 ACRE ZONING TRACT BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX SURVEY, ABSTRACT NO. 352, THE JOHN H. HAVENS SURVEY, ABSTRACT NO. 685, THE JESSE DOSS SURVEY, ABSTRACT NO. 441 AND THE S.C.H. WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF GLADE ROAD AND THE INTERSECTION OF; THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND HERITAGE AVENUE, A DISTANCE OF 99.73 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE; THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE FOLLOWING COURSES AND DISTANCES; Page I of 3 S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER; S 05°25'11" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER; S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 27°31'41 ", A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET, A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF 533.45 FEET TO A POINT FOR CORNER; S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46", A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86 FEET TO A POINT FOR CORNER; S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15", A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82 FEET TO A POINT FOR CORNER; S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNE~ECEIVED FEB 0 6 2007 1:\SLD\02421300\SOA TA \ZONING.doc , Per •••..•• : • .....-0. ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1 031.64 FEET, A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF 968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF CHEEK SPARGER ROAD; THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL lIN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°01 '23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE S 89°02'53" E, ALONG THE NORTH LINE OF SAID TRACT 1, A DISTANCE OF 549.10 FEET TO A POINT FOR CORNER; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES ANI> DISTANCES; N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER; S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND DESCRIBED IN DEED TO SP ARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET TO A POINT FOR CORNER; THENCE N 00°15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR CORNER; THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR CORNER; THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER; THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR CORNER; Page 2 00 1:\SLO\o2421300\sOATA\zONING.doc THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER; THENCE S 00°27'31" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER~ THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 13°35'47", A RADIDS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET TO A POINT FOR CORNER; THENCE S 76°13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS. Page 3 00 1:\SLD\02421300\SDA TA \zONING. doc c os a:: .!! in iii :I a GI u c 8 p ... :c ~ w ----/ ~~~--- //~/" / / 1.//'/ / / .' ..... ---==-tz, " ..... ""'" \ F"tW.STREETfrW«ST09EDEmtW£OATTIIIEtYFIW.. P\ATTINC TKS PROPOSED LA'TOUf IClICAlES II'f'R())(I,IATE ClWENSIONS I.ANCISCN'ING IN OPEN ..... D FLOODPlAIN AREAS TO REIIIMI ""T\JIW..WHDIEPOSSB..ETOF'R£SEIM:EX~1R[[S, POND, CR£EKS, AIID VEGETATION WIDl THE DICEPJ1DN Of" IftRICATIOMS SYSTUIS PIKMIJ€D 14 PNff OF F'JrW. l.AHOSCAP£ P1AN of PERI~ I'tNCING: TO IE " .wiOI«I" 15 INDICATm ON 'MS "'" ..... ..... ..... I I I I I gl 15 1 "I ~I !li l lil I I I I Ii! I ~, lie I ~ OPnONIILI.IfrI)Pl.ANFtlRFUI\JR[ em' OF CCII..1..EYItti Nfl) aJY OF DJI.£SS Ctr1 UIIT .... PUll-R SITE PLAN FOR CREEKSIDE AT COLLEYVILLE 101505 ACRES 001 Of tHE ElIZABElH COX SUR\I£Y .... ABSlRACT NO 352 JOHN H. HAVENS SURVEy .... ABSiRACT NO. 685 ..ESS DOSS SURVEY N ABSTRACT NO 44' S.C.H WITTEN SUR'£Y ... ABSTRACT NO. 1134 ~1HE CITY OF COI..lE't'\1U£. TARRANT COUNTY. TEXAS ~ LNCIST.n.lI" "0 _344 _ ...... ".., I'HONE (m4)1Je7-2IlI2 FAX (254) 1117-2OU ENGINEER: CarteraBurgess CARlER II BURGESS. INC ~~~ _[1'14) __ 'M(2MJ......, , '" PRO,£CT NO 0242'130 ! ~ I l I ORDINANCE 0-13-1899 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 AND ORDINANCE 0-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TY 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 Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case Z-07- 008; and WHEREAS, the City Council approved Ordinance 0-13-1866 on March 5, 2013, amending Ordinance 0-07-1645 conditions and approving a detailed site plan for phase one of the development under case ZC12-031; and WHEREAS, the applicant has requested an amendment to Ordinance 0-07- 1645 and Ordinance 0-13-1866 and requests to rezone 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue, acquired from the City of Euless in a boundary adjustment approved under Ordinance 0-12-1828, so as to incorporate the property into the PUD authorized by Ordinance 0-07-1645 under Case Z-07- 008 and approve a detailed site plan for phase two of the development; 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 Ordinance 0-13-1899 Page 2 of 6 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; 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, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance 0-07-1645 and Ordinance 0-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance 0-13-1899 Page 3 of 6 changing the zoning of 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue from the AG-Agricultural District to the PUD-R- Planned Unit Development Residential District, as depicted in the attached Exhibit "A" and described in Exhibit "B". ' 1 Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "C" shall be deemed to satisfy the site plan requirements of Ordinance 0-07-1645 Section 4(2)a and Ordinance 0-13-1866 Section 5(l)b. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase two final plat shall be consistent with Exhibit "C". 2.GENERALAMENDMENTS a. Section 5(2)e of Ordinance 0-13-1866 is hereby deleted. b. The developer may enter into a City/Developer Agreement with the City of Colleyville for any required public improvements, in conjunction with this development. Said agreement, if submitted, shall be approved and executed prior to the filing of the final plat for phase two of the development. c. Prior to the issuance of a building permit for the 1.9 acre commercial tract shown at the southwest corner of the development on Exhibit C, the developer shall submit a detailed site plan which shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with Ordinance 0-07-1645 and any subsequent amendments, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) Ordinance 0-13-1899 Page 4 of 6 shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. d. Section 4(7)b of Ordinance 0-07-1645 is hereby amended to read as follows: A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan and shall, otherwise, meet the requirements of the Land Development Code. e. Except as noted in subsection "d" above and Section 4(7)a and "c" in Ordinance 0-07-1645, all fences shall be constructed per Exhibit D. f. Section 5(2)c of Ordinance 0-13-1866 is hereby amended to read as follows: The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan with the following exceptions: The developer may escrow the cost of constructing the trail in lieu of actual construction only for the portion of the trail that traverses the Little Bear Creek floodplain. If the developer chooses to escrow said funds, the developer shall build a minimum four ( 4) foot wide sidewalk across Little Bear Creek that links the internal sidewalks in the portion of the development that is south of Little Bear Creek to the internal sidewalks in the portion of the development that is north of Little Bear Creek. Said sidewalk connection shall link to Trail 24 on both sides of Little Bear Creek within a public pedestrian access easement, which shall be dedicated on the final plat(s) for the development. Sec. 6. 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. Ordinance 0-13-1899 Page 5 of 6 Sec. 7. 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. 8. THAT if any section, paragraph, subdivision, clause, phrase or prov1s1on 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. 9. 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. 10. 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. Sec. 11. THAT Ordinance 0-07-1645 and Ordinance 0-13-1866 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROJlE;D by the City Council of the City of Colleyville, Texas, on this the r ~ day of Dt~ 2013. APPROVED AS TO FORM AND LEGALITY: ~ ln. (l Matthew C. G. Boyle City Attorney Ordinance 0-13-1899 Page 6 of 6 CITY OF COLLEYVILLE t0~:i¥~--x David Kelly G tJ Mayor Exhibit "A" -Location and Zoning Map Subject Property City of Bedford City of Euless Legend (::J AG Agricultural rm CC-1 Village Retail rm CC-2 Shopping Center rm CC-3 Highway Commercial Im CN Neighborhood Commercial E:J CPO Professional Office .. ML Light Manufacturing PJ9t~::;iiJ PUD-C Planned Unit Development, Commercial CJ PUD-R Planned Unit Development, Residential 1l15fj R-10 Single Family Residential (10,000 sq. ft. min) l::J R-15 Single Family Residential (15.000 sq. ft. min) (::J R-20 Single Family Residential (20.000 sq. ft. min) rm R-30 Single Family Residential (30,000 sq. ft. min) c::J R-40 Single Family Residential (40.000 sq. ft. min) rm R-MF Multi-Family Residential CJ RD Two Family Residential ll'MI RE Single Family 'Estate' Residential N . + Exhibit "B" -Legal Description of Property Zoned from AG-Agricultural to PUD-R-Planned Unit Development Residential Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract described in the deed to Sparger Family limited Partnership as recorded in Volume 16472, Page 390 of Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rod found for the southwest corner of said Sparger tract bears North 69°11 '27" West at 207 .68 feet; THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left; THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of Heritage Avenue, continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42°29'27" East at 1162.08 feet to a 5/8 inch iron rod found for the end of said curve, same being the merging of the east right-of- way line of Woodpark Lane; THENCE South 01°02'49" East with said east right-of-way line of Woodpark Lane, 750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records; THENCE South 89°57'50" East with the south line of said Hoel tract, approximately 38.00 feet to the northwest corner of the tract described to Cheek-Sparger Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records; THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right; THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South 71°31'54" East at 231.54 feet; THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of Bedford and south City Limit line of the City of Colleyville; THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the place of beginning and containing 4.438 acres of land, more or less. Legend 4'C~~<t~~ s· (wx:r~L-OTr.lil IO' UltX:M" h~ 5wl~ ,,...itn oe... tO' Coocretl! rraet !~ bw!t '-I Ot"" , ~!t!d~ m!it-Se>t!'Oft!t.'IJ 10.:~,) fll:XlllP<'~ °"""'"''" 7iJ'Lru 5(}' U:f\ (Qft';mer('.~ R.-0.W. Oif'.at:IOO Owner: ttilW~faJ'l'Wy 70CIO(herry~~ l'btt'I fl<h;arnt Hi!~ 'TX 7M82 AppUcant: Tei-M/J.'!~LLC. J.'95W.:swttttw.rr. 1l<l,5ulte300 s.ootti~, n 16001 (Ct't!Jct·PM.ll~J> - Planner: SAGE GROUP, !NC iH2 ~ 1.l 1'~~'<>1'$ l..lmoli<~"' ~~~# l~M"K.l'!t"?'.tft.,..,. / r:::_ ·····p·1 ~--~ .. '':./ : .. i''":·, ':>;.._""'<-i •.. ' ; r , ..... r i -~ ··· -t......_,_~L-ff -· . ·\:"l. fOR LEGM.. OfSCRJPTJON OP PROHRTY, SftAnltQJ(p '1:\.1 Site Data Summafll Chart S:tt~~f<tm!lv~;.,Jtot!. i2$ tomN>t<i<llllcts 1 (ommofl An!m 1 i (()MM(R(tAl c~"~S<W5 IU-$100¥T!/ll R~>lllL!n O!>e"<Sl)llte JtO.W. k.Q:W. ~.ci:m{on l1fftt:i19EJ) Total~ GIOOSSMIU Residential lot Sllmma!Y ....,.,,,,.,._... Mdlunum Sutl®lg l« A."m A¥et.tge &.u1<:M9 ld ~ ~AA~ L.U.O. I Zoning b:5tmg!.oo>J"19: Pr~Zorilrlg, t-OOm:. ~}.'j(J ar,, :rosi~, H.193<'., 7.~m;, 9'1-.Mo11f. ff.HA< ,,. 5.000~-( S,lli s.f 11 "'"'' "'"'" "t" t~ $• , ' < '~ '). Notes: -Pl,umw.,g ArNi A-Ff1;lM ~b«"~~ 1-0'. (:It tSii' Wlt"l;':l'SW!l')(l-g<:lf"* ~"'!n(I AR'!<'! It· R~ ~s jJf'@" 30' lypot:i.11 -~1r19 ArN A -Side Sctb.xb~ S' Mlltlrti1r.g~8 v front~aR! 20' .. at tS' W\tn,,;1\WU'lg~ ·~¥mU'l!)At'ffl8-fbWfit'lbri\(r.;l)re ~(!'~~ill -4"!-'ontng Mia ft -Sid(< Sdtw:k'!i ~$'! ~ iJ mJ:(<r-b..ld S';!6ward, •1rur ur;o-·. (10' ts:ttiJ, mi!~l!~ ~~J ,f~~ ~ be-M ®bide !W~ om.te -0!)WI s~~&::.an~~ts'l"i!ll~ maiK<t:a~mQijy I~ t!Q~fl(>t?M~~(ttl()D.). / . . . -+ Zoning Exhibit for Zoning Change Request For PUD-R Amendment case# ZC13-017 Zoning case #ZC13-017 P~.~ ~-Phase 2 Development Plan Creekside at Collevville ~~ v Colleyville, Tarrant County, Texas PAGE 112 m >< :::T g: ;:;: ~ c ID .... Ill iD a. Ill ;:;: ID "Ill iii :I I "Ill Ill IQ ID ""' '';~. 1: \ ·1 ' Applicant: 't'!'r<tfM<.!l'""ql,.l.LC J'SS W 5t~ ttwy, 11>1, Sirte JOO 5'.x~""'h', TI 7&.J92 C,,~W<;:t: ~JUl5Pifl"! ~r .; ...... : r Planner: S>\GE GROUP, INC ,, IJ ~~:>-""'""'*"<./ ;lf'..:;-';,J.;wr i>('-0>:<!!<.<f i.~wJi.>&.:tf'"w- I L I l f .~-1'"'"1 . I "-1 . ,. . . ~ ;· , : ~.: : •-. : i 1 --1 : .... , ,~_. ,-.,,~ }!( ,' ·· .. /~·'.,,·,.'\,~\':.:/ /,!!( ~·~···:!I' ..... ·:''')/'J_~'"-Jt--',·· ... · .;;J<i,. ./ /' v 11 /' rf'' ' 'y ,, .-..·.·. ,' .• ' :'. ! I i \ \. • >fA/1" ' < \ '2;'. ,,, ' / '. < :·yt ~·~~:~/f: .. ~~1:£;'' / / [·' ' \ \ \/ )· . . ~ ~ .... .. ~J. · ... 1··· .:V~ ... f/.:. . . . ·. ,: .. \ /.q . . I ,l__,, /~. . • .• . "'~ 1 //~:::•'.;<~;;· ,··· ·?·•··.· :9·~~ '""""·~ '/' • / ~.,. h• ~ ~ " ~ y. , ; ~ .. --'{ .._, · ,/ . ~~=-~ /-: f\,O.~ -........_~ ..... -----..... ~W@~.if'.. '·# ..,...,.--"'•- -.....:,.. __ ,, j ,. ,_ 77,. ;. ' ,, ~K .. "llO ,, / '>. ~'!L1·· --~~-.~··'. ""' ' ' .. '• ,, ··/;; -- / "" / r I! ,- l99end 4'Ct<?lC'~.:".><: S<dt-"""&'I< !l'(.;:iri:::HW.'f•;t·' ~IV>'1F'!.''\ Opi:~i <;i;«!i-<• 10' ;.oh 50'~~:'\ ((lf?)N'.>.,,-!~ • ..;i! 1'!:.0:.N.Ot~D" Site Data Summary Cnart s.~;1•f¢~>ly!l~ficl"> («nr>l!::l(-.!:l L4h Ct'fn.."'1".ln Atta~\ COMMf,~CJAt Comm"-•rt,<JlS:t:i.--s. ~GmtMTA!. Res.Ot!!-Ni LiZ~ Opt,,<>t:St>«>: R..O.W. W.W. Dt'c~~~t,,_tt'lc t<'.!I! f~~,..{¥! Tot~R~~i!">al GllOSSAAi\A Residential Lot Summary 1t~~,r,t.:!'li:i:.l!i. M1r11murr. Sw!d<Oi :W:.t Aft',(f ~~e ~lat:'>;~W rtsmi f,.<)l"lll"l(>M~~ LU.O. ! Zoning £~•5b.1•g larvt:! l'f0p("A'd.:'.M,f<;9 Notes: - 218 l " 1%«:. 4l51)'1C JO.St ¢1;, Ll19«1c 1.lli ;;(, 94A4al, 9UUC "" S.000 ~.f f.!-,llls,f " PtiD~ PU~ -~>"'-M>"' Arro A f.n:int fu..>tt;;;u~~ Jre i&, u !S' ~ jt\ _,·i>W>t~ g,._,.U,,)l) -~~.,,,~ .a_:.,,.,i a· R.:.w '!>ett..~c~>;. ~t•1 JO' "Tyw,tl ·Pfcli~#""f Al°~'>Y t.. .. S-i:~<' "1<'tl:Mfk/, ffll' !)' ·~ll"'m'A"'Mfl· F:tmt5';.-tti.,~~¥t..'W".or !S' ~'l~ <i ~w~<i.,-; 9:Y-%hl -~_.,>i,~kwB R~~b!:di.~.~rt-Htl~p:cal ->11.a;:Q,1"!9 .ti...1?11 e -sio:~ Sfr!W(•,.!; <:M' oo a oo~-JOUd ~l i-Ol::r·~,r~ ~'J:' o-t !C:D'. rn:r M~ m<fltfW..lt'll t>d\•\·t·~-i', -.t•<.Ktw~) ·Jlx'H?'i'i<l>~«(>'lJ..lt'.>Ct'\ltCt~;it:(~'I:! ()pt:r1 ~ \Ot.~ & <1nd.~ape ~ert'S. will bi!! r!;,),J1t,Jl(l(..C !VJ· lN MCimt:'i~nt?''> ftSISO(J.,Kitl!~ ftiOA). Zoning Exhibit for Zoning Change Request For PUD-R Amendment Case# ZC13-017 Zoning Case #ZC13-017 r--~~ ~-Phase 2 Development Plan Creeksicle at Collevville ~~ ~ Colleyville, Tarrant County, Texas PAGE 212 m >< =. er ;:;: ti 0 ID .... !!!. ii' c. Ill ;: 'V iii :I 'V Ill IQ ID II.I Owner: HorriOgtoo Fdmily ?000 Cherry Bari:. Llne Norttt R!(:hl.aod tt1ik., rx J61s2 Applicant: Terrii I Marma, UL 395 '/'/. Sl•te Hwy. J 1•, Sv.te JOO 5-0uUlla..,, TX 70092 CootaCL: Pau:! Spain Planner: SAGE GROUP, INC. is otc 13 1· = 400' ~l'.:f"J'.>~'9 V~'rA°"<'o/' Exhibit 'D' 6' Iron Fence Rclan1 Fence New 6' WoccJ Fence 8' Masonry Wall 6' Masonry Wall or 6' Iron Fence I l/ r / ! I / I I / I / / / / / 0 400 ~-1000 Wall/Fence Diagram ~--------....--------- ORDINANCE 0-13-1866 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 CONDITIONS; 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 Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case 207- 0008; and WHEREAS, theapplicant has requested an amendment to Ordinance 0-07- 1645 to further amend the commercial zoning requirements at the southwest corner of Glade Road and Heritage Avenue; to amend the trail location requirementswithin the development; and to submit a detailed site plan for 14.75 acres of the development per the requirements of Section 4(2)a under Ordinance 0-07-1645, under Case ZC12-031; 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 ZoningCommission 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; tosecure 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 rr Ordinance 0-13-1866 Page 2 of 5 WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, thecharacterofthe districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and state law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected areaand in the vicinitythereof, thegoverning body of the City of Colleyville is of the opinion that saidchange in zoningshould 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 theirentirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance 0-07-1645 conditions. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and developmentrequirements on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 as depicted on theattachedExhibit "A". Sec. 4. THAT the abovedescribed 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. Ordinance 0-13-1866 Page 3 of 5 Sec. 5. THAT the above described tract of landshall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "B" shall be deemed to satisfy the site plan requirementsof Ordinance 0-07-1645 Section 4(2)a. A full size copy of the site plan shall be kept on file in the Community Development Department until the finalplat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase one final plat shall be consistent with Exhibit "B". b. The remainder of the subject property within this PUD shall be requiredto submit a detailed site plan per Section 4(2)a of Ordinance 0-07-1645 prior to the submission of a final plat. 2. GENERAL AMENDMENTS a. Sections 4(8) "d" and "e" of Ordinance 0-07-1645are hereby deleted. b. The maximum building height in thisdevelopment shall not exceed 35 feet. c. The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along thewest side of Heritage Avenue prior to the acceptance of public improvements. Trail 24 must connect to all other trails noted on the 2005 Colleyville Pathways Plan. d. This development may be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances of the Land Development Code. e. The developer shall improve Heritage Avenue where it ispp9 adjacent to the development to the current standards of the Land Development Code and the Master Thoroughfare Plan at the time of development of the adjacent property. There shall be no option to escrow said construction costs as a perimeter street fee for future roadway improvements. Ordinance 0-13-1866 Page 4 of 5 Sec. 6. THAT any person, firm or corporation violating any of the provisions orterms 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. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the sameshall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid orunconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shallhave the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT all provisions of Ordinance 0-07-1645 and the Land Development Code shall remain in full force and effect, except where amended herein. Sec. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary thatit 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. The first reading and public hearing being conducted on the 19th day of February2013. The second reading and public hearing being conducted on the 5th day of March 2013. PASSED AND APPROt by the Cit Cou it of the City of Colleyville, Texas, on this the day of 2013. Ordinance 0-13-1866 Page 5 of 5 ATTEST:CITY OF COLLEYVILLE r Am elley /Y David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: k\- ,R-4 Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map al ilu rl Exhibit "B" Detailed Site Plan L. .--. ..._ - _.--- _._- ss0.0,25-. 9599 ----,..,-,.„ I li i/ i 1 12.1son Zone,91)00 Istaling A7761,011311 '''' jj j Planning Area A ----1 i• t, n5,,. l,l,. ,?, 1. 0 : _.; -- 2-.- 1,, I,, ,,_,'•., ,„, o_. 4 p..4 a_ i 4 4i / e _ 1 ,{__111 , 1- , ,4: • Y,.,BLOCK''-' --I• • 7 , -‘...-;.1r .1111..S.ZAA NY. _.••. 1 it : \ t 1 ', '. • --1:1-. 9'2- 1,! 3 '' a'1-1----1-- -1 L 1 2 19 3 '1 '1-9=-7.- -=== 141-11,:. ; 1,-, -•'•i ''• i 7114 .-11li _., ii110• 4„,,.„, ii i „. i ........, 1-179:9'-' 1"•,- I i '11' 1 1 lj-11:239__. ._ ._Jr, --, ...,/ =_,. .,,,,,,..„,.,/., ,, -..,_--.04._ ,-, . ,., / 1 Y -.:_'--...,”— --'."' 1!''''-Y; ti 741140 i t i -='—' 1 1 9, 1" I Planning Area B _,ir- ,., t r.,-.0--___ t77,.. ,..,- ,., :, /_-• r " 1 1 •'Is •''''' 1 L "Z..7 1- 1• -•.„. ., i I fi '19'''•••,..11t•1' 111:4 I; r •;1e1. I - • ' 1---173` 7 i, 1 .ti,• ' ;1.1/ 9 ' 0 ,'i• , ii ,,,,;",.\ ---; ,, ` ,›.-",,i ... co.1.1 4. j; 1 j. 1_1„,•r.__,A.711 ir : .,--- `,.,-„1.1`. I; ...1- 9]• . : iCi , ,,,,_ , 3.,-.39,_-_.•j , • ri,--... ....-_. 1 „ , „i mama. .T2,T gr CI' ki ,,-,,it'-..;--Ci1 i''91,9, L L',1,,,,,j litl:'''"''''1, 7', :' I.\E .1;11: , .- 22'':" ; r igid a '' i4 .." .''' • j: .. - - -\ ;— --t--z-,,,,-___I 2. ' i 1; 13 1- '1,1‘.'1'.'..1 1, ,,•••••••••••••,•••. ,1 0,19„-i,„, _pi ,.., ,,, ;,'A E /,,. 1-=' I i: "'"'-' .--1;1.12 i. r4L%- 1 I •,,,4—::1.7.7...=.4'•--42.., r'----,,---, 1.;,:---Bs L. vv, A ,,,,, ,11" j'j ' '1 I'l j ','L ": 4 1'4 6.71611 7 ljjj_ 7,7719 sa. _,I . j11,1J ''Elj 4.IrLAl j Yjj''' j j -.',1.1" j ‘ 51 \s j.7,':—. 7 ----- j i: jj 1 7 r.-.Egi/..n,Still) I I : r 4'. ',!"'" — r ' t t I \ 1 1 ORDINANCE O-14-1913 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 37,500 SQUARE FOOT PORTION OF 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, LOCATED AT THE NORTHWEST CORNER OF HERITAGE AVENUE AND CHEEK SPARGER ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A TEMPORARY CONCRETE BATCH PLANT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC14-006; 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; 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, among other things, to 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-14-1913 Page 2 of 6 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 37,500 square foot portion of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734, located at the northwest corner of Heritage Avenue and Cheek Sparger Road, by authorizing a Special Use Permit for a temporary concrete batch plant, as depicted on Exhibit “A,” labeled as Location and Zoning Map. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. HOURS OF OPERATION a. The hours of operation for shall be as follows: Monday – Saturday: 7:00 a.m. – 6:00 p.m. b. The temporary concrete batch plant shall be in use for twenty-one (21) days from the date of issuance of the Notice of Intent. Ordinance O-14-1913 Page 3 of 6 2. PERMITTED USES a. The temporary concrete batch plant allowed by this Special Use Permit must be permitted by the Texas Air Control Board. b. The Special Use Permit shall meet all state and federal requirements for concrete batch plants. A copy of the Storm Water and Waste Water Pollution Prevention Plan (SWWPPP), and the Notice of Intent (NOI) must be posted on the premise. c. The area boundaries of the temporary concrete batch plant shall generally conform to the attached, Exhibit “B” labeled as Zoning Exhibit. d. The material delivery trucks will be instructed to travel west on Glade Road to Heritage Avenue; then south along Heritage Avenue approximately 300 feet to the project entrance on the west side of Heritage Avenue. e. The batch plant will be used to provide concrete for no other project other than Creekside at Colleyville, Phase I. f. The temporary concrete batch plant must be a minimum of 300 feet from any school or habitable residence. g. A notice to proceed will be issued by the Director of Public Works or designee. The letter will state that the batch plant shall only be allowed in conjunction with the construction site for which the permit is issued. This letter will be kept on site with the TCEQ documentation. h. The Public Works Director or designee will determine if additional materials testing will be required. City staff will determine the testing personnel required and any cost of testing will be passed onto the applicant. Sec. 5. 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. Ordinance O-14-1913 Page 4 of 6 Sec. 6. 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. 7. 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. 8. 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. 9. 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 by City Council on the 1st day of April 2014. The second reading and public hearing being conducted by City Council on the 15th day of April 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor Ordinance O-14-1913 Page 5 of 6 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A –Location and Zoning Map Exhibit B–Zoning Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3d Agenda Date 03/24/2014 Number Type Public Hearing Agenda Items Department Community Development Title Approval of amendments to Chapter 3 - Land Use, Section 3.24.B-Schedule of Permitted Uses and Section 3.24.D-Temporary Buildings and Uses in the Land Development Code, GC14-006 Explanation Staff proposes amendments to Chapter 3 - Land Use, Section 3.24-Schedule of Permitted Uses in the Land Development Code. Currently, temporary asphalt or concrete batch plants are allowed in all zoning districts with approval of a Special Use Permit. The last temporary concrete batch plant was processed in 2007, since that time, state and federal standards and regulations for temporary batch plants have changed. Thus, staff recommends reviewing current ordinance provisions and amending the regulations and processes to reflect current conditions. State and Federal Requirements. The Texas Commission on Environmental Quality (TCEQ) issues the TPDES Construction General Permit relating to discharges associated with construction activities. The TPDES Construction General Permit requires a Storm Water Pollution Prevention Plan (SWPPP or SWP3) for construction activity that disturbs one acre or more of land; or disturbs less than one acre of land and is part of a common plan of development that disturbs one acre or more of land. Requirements for the SWP3 are in Part III of the TPDES Construction General Permit. Currently, the Environmental Protection Agency (EPA) provides SWP3 guidance, templates, and examples for preparing a SWP3. The most recent revisions were issued by the EPA in December 2009. Because of the changes in state and federal regulations, Gilco Contracting, the applicant for both temporary batch plant requests hired Stormcon LLC to formulate the SWP3s. Stormcon LLC handles all areas of compliance with the TPDES Construction General Permit with a focus on the residential construction industry. Best Management Practices are incorporated into the SWP3s to reduce or eliminate potential sources of pollution. By handling concrete mixing on site, the numbers of construction vehicles are greatly reduced on the roadways, the quality of the materials can be more readily ensured, and the site can be easily restored to its original or better condition. Temporary concrete batch plants also require an Air Quality Standard Permit to ensure compliance with the state's Standard Implementation Plan (SIP) as required by the federal Clean Air Act. The Texas Commission on Environmental Quality is authorized to Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 2 issue the standard permit for these facilities based on the Texas Health and Safety Code. The most recent amendments were approved December 2012, and account for additional emission factors, address 24-hour particulate matter, and include engine requirements as promulgated by the EPA. Survey of Other Cities. Attached is a survey of area city requirements with regard to temporary asphalt or concrete batch plants. Out of the seven cities that are adjacent to Colleyville, only two require City Council approval regardless of duration of the batch plant. The City of North Richland Hills requires a Special Use Permit for all temporary batch plants, and only allows this use in commercial zoning districts. The last SUP ordinance was approved in 2002. Euless is the other city that requires City Council approval of all temporary batch plants as temporary use permits. Two area cities allow administrative review of temporary batch plants, the Cities of Hurst and Bedford. Both cities require that the batch plants must be used for the specific project on the site where they are proposed. Both cities also require that temporary batch plants comply with all state and federal requirements, and that they supply staff with all associated plans, permits and notices. The City of Southlake makes a determination on process based on the number of days that the batch plant will operate. If the batch plant will operate less than 90 days, then the temporary use is processed as a building permit and must comply with the Southlake Erosion and Sediment Control Manual. The City of Grapevine also makes a process determination based on the number of days that the batch plant will operate. If the time limit is less than 30 days, then it is processed as a temporary use permit and may be approved administratively. If the duration is more than 30 days, then the temporary use permit may be approved by City Council. The City of Keller may administratively approve a temporary batch plant, subject to certain conditions. Any exceptions to these conditions require approval from the City Council by resolution. Proposed Amendments. Since temporary asphalt or concrete batch plants are closely regulated by state and federal requirements, staff recommends that temporary batch plants be processed as temporary use permits when the duration of operation is less than 90 days. Any requests that deviate from the conditions for approval or will operate for more than 90 days will require City Council approval by resolution. The conditions for approval are as follows: Section 3.24.D.6. Temporary Asphalt or Concrete Batch Plant – The Building Official may approve a permit for a temporary asphalt or concrete batch plant to provide construction materials for the site on which the temporary batch plant is located during the construction phase of a permanent building or new subdivision, provided such temporary use comply with the following requirements: a. The temporary batch plant must receive an air quality permit from the Texas Air Control Board, a board associated with the Texas Commission on Environmental Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 3 Quality, and evidence must be presented at the time of application for building permit. b. The temporary batch plant must follow Texas Commission on Environmental Quality requirements for a Storm Water Pollution Prevention Plan (SWPPP or SWP3, TXG110,000) and Notice of Intent (NOI). A copy of both of these documents must be on the site of the temporary batch plant at all times. c. A location map must be provided indicating the closest habitable residences and churches. The minimum distances shall be 300 feet measured in a direct line. d. The material delivery route must be provided indicating routes for raw material delivery. e. The hours of operation will follow the construction hours of operation as required in the Code of Ordinances. f. A letter of permission must be provided by the property owner stating that the temporary batch plant will be used to provide concrete for the same site where it is located and no other project(s). The letter must also state that the site will be left in good or better condition. g. The application must state the amount of time that the temporary batch plant will be in operation. The duration cannot exceed 90 days without City Council approval. Any deviation from Section 3.24.D.6 will require City Council approval. h. A notice to proceed will be issued by the Director of Public Works or designee. The letter will state that the batch plant shall only be allowed in conjunction with the construction site for which the permit is issued. The letter will be kept on site with the TCEQ documentation. i. The Public Works Director or designee will determine if additional materials testing will be required. City staff will determine the testing personnel required and any cost of testing will be passed onto the applicant. Communication. Once adopted, a bulletin of the new standards will be posted on the City's website and included in all other communication vehicles in which the City uses. All contractors in the City will be notified as well. Recommendation Approve Attachments 1.Survey of Other Cities 2.Proposed Changes - LDC Chapter 3, Section 3.24 Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 4 3.Ordinance O-14-1914 Survey of Other Cities 1. Southlake – Staff makes a determination on process based on the number of days that the batch plant will operate. If the batch plant will operate less than 90 days, then the concrete batch plant is processed the same as any other building permit. It is also submitted as part of the Erosion Control Submittal Packet. If the batch plant will operate more than 90 days, then the use must go through City Council for approval. 2. Keller – A temporary batch plant may be approved by the Development Review Committee, subject to certain conditions. Any exceptions to these conditions require approval of the City Council (by resolution). The conditions are as follows: 1) follow state and federal regulations, 2) not located within 600 feet of a residence, 3) Hours of operation may be Monday through Friday, 7:00 am to 7:00 pm, Saturday, 9:00 am to 5:00 pm, and no hauling on Sunday, 4) cannot encroach on public street, 5) can only furnish concrete for the specific project for which the temporary permit is issued, 6) must operate in a way that eliminates nuisances (dust, noise, etc.), 7) clear of all equipment upon completion of project, 8) repair all public improvements damaged by plant operations, and 9) upon expiration of the permit, Director of Public Works shall walk site to verify compliance. 3. North Richland Hills – The city has not approved a batch plant since 2002, but it still has the requirements in the code. A temporary batch plant requires a Special Use Permit, and is only allowed in commercial districts: C-1, C-2, LI, MI, U (institutional), or AG. The last SUP ordinance had the following provisions: 1) erosion control fencing, 2) compliance with TNRCC requirements (predates TCEQ), 3) time limit (24 months), 4) site plan that shows where equipment will be placed on site, and 5) hours of operation. The hours of operation were Monday through Friday, 7:00 am to 5:00 pm. 4. Grapevine – Staff makes a determination on process by the number of days that the batch plant will operate. If the time limit is less than 30 days, then the temporary use is treated as a building permit and reviewed administratively. If the time limit is more than 30 days, then the temporary use is reviewed by City Council. If the temporary batch plant is approved, then it is passed by resolution. The permit must meet all Texas Commission on Environmental Quality (TCEQ) standards regardless of process. 5. Hurst – Temporary concrete batch plants are not in their use charts. The Building Official said there has not been a request for one in a very long time. If an application was submitted today, he would probably treat it as a temporary use permit and take to the Development Review Committee for review, since this use is heavily regulated by TCEQ. 6. Bedford - Temporary concrete batch plants are allowed, and are processed as part of the civil plans. Temporary batch plants must be used for the specific project on the site where they are proposed. Permanent batch plants are not in their use charts, so they would tell an applicant that permanent asphalt or concrete batch plants are not allowed in the city. 7. Euless – The city council may approve the operation of temporary uses on any property for a specific period of time. Such temporary uses are typically associated with an already existing use and are subject to review to ensure adequate facilities exist or will be provided to serve the public and employees of the temporary use. A permit is required and must be obtained from City Council. No temporary use permit shall be valid for more than 90 consecutive days and shall be subject to all restrictions and requirements established by city council. Restrictions and requirements may include, but are not limited to, hours of operation, duration of the use, parking, setbacks, signage and any other requirements deemed necessary to protect the general welfare of the community. Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 32 Section 3.24 Schedule of Permitted Uses A. General Requirement and Symbols Used – Land and buildings may be used in accordance with Table 3.24.C, Schedule of Permitted Principal Uses and the additional requirements of this section. The following symbols are used in Table 3.24.C, Schedule of Permitted Principal Uses: 1. Permitted Uses – A “P” in a cell indicates that the use is allowed by right as the principal use in the applicable zoning district in accordance with Table 3.24.C, Schedule of Permitted Principal Uses. 2. Specific Uses – An “S” in a cell indicates that the use may be allowed with the approval by the City Council of a Special Use Permit following the applicable review and approval procedures. 3. Prohibited Uses – An empty cell indicates that the land use is prohibited in the applicable zoning district, unless otherwise allowed with the approval by the City Council of an ordinance establishing a Planned Unit Development District, or authorized by a Special Use Permit, or in conformance with the provisions contained in Section 3.6.B-Classification of New and Unlisted Uses. Proposed Changes - LDC Chapter 3, Section 3.24 Co l l e y v i l l e , T e x a s , L a n d D e v e l o p m e n t C o d e Ch a p t e r 3 - L a n d U s e P a g e 3 - 3 9 Ta b l e 3 . 2 4 . B - - S c h e d u l e o f P e r m i t t e d P r i n c i p a l U s e s La n d U s e C l a s s i f i c a t i o n Re s i d e n t i a l D i s t r i c t No n - R e s i d e n t i a l Di s t r i c t s Sp e c i a l La n d U s e St a n d a r d s Parking Group AG RE R40 R30 R20 R15 RD RMF MH CPO CN CC1 CC2 CC3 ML Au t o P a r t s a n d A c c e s s o r y S t o r e s P P P 13 7 Au t o , T r u c k o r T r a i l e r R e n t a l S S 13 8 Au t o U p h o l s t e r y S h o p s PP 13 9 Au t o P a r k i n g L o t s a n d G a r a g e s ( f r e e s t a n d i n g ) SS S S S S n.a. Au t o R e p a i r S h o p SS S 13 9 Bo a t a n d W a t e r - c r a f t S a l e s a n d S e r v i c e SS S 13 8 Bu s o r P a s s e n g e r T r a i n S t a t i o n s S S S S 24 Ca r W a s h ( s e l f s e r v i c e a n d a u t o m a t i c ) S P 9 Co m m u t e r T r a n s i t S t a t i o n s S S S S 24 Ga s o l i n e S e r v i c e S t a t i o n s SS 13 7 LP G / C N G D i s p e n s in g S t a t i o n s SS 24 Mo t o r c y c l e S a l e s a n d S e r v i c e SS 13 8 Pa i n t a n d B o d y S h o p s SS 13 9 Pa r k a n d R i d e F a c i l i t i e s S S S S 24 Ra i l r o a d o r M o t o r F r e i g h t T e r m i n a l s SS S 24 Re c r e a t i o n a l V e h i c l e S a l e s a n d S e r v i c e SS 13 8 Ti r e a n d B a t t e r y S t o r e s SS S 13 7 Tr u c k a n d H e a v y E q u i p m e n t S a l e s a n d S e r v i c e SS 13 8 Ve h i c l e S t o r a g e Y a r d s o r F a c i l i t i e s S S S S 24 J. H E A V Y C O M M E R C I A L , I N D U ST R I A L & M A N U F A C T U R I N G U S E S As p h a l t o r C o n c r e t e B a t c h i n g ( t e m p o r a r y ) S S S S S S S S S S S S S S S 24 Ap p l i a n c e R e p a i r S h o p s SS 8 Bu i l d i n g M a t e r i a l S a l e s w i t h o u t s i d e s t o r a g e S P 7 Pr o p o s e d C h a n g e s - L D C C h a p t e r 3 , S e c t i o n 3 . 2 4 Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 44 b. A temporary use permit for a portable storage structure shall be obtained from the Community Development Department prior to placement for any portable storage structure. c. There shall be no more than one (1) portable storage structure per property. d. The portable storage structure shall be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. e. Notwithstanding the requirements of sub-sections “k” and “l” below, a portable storage structure shall not remain at a property in any zoning district in excess of thirty (30) consecutive days, and shall not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. f. The portable storage structure shall be set back a minimum of five (5) feet from all property lines. g. The portable storage structure shall be set back a minimum of five (5) feet from the nearest wall of a building. h. Where a side facing garage or a garage that is located behind the principal structure exists, the portable storage structure shall be located behind the front line of the principal structure. i. The portable storage structure shall be placed on an asphalt or concrete surface. A gravel surface is permitted if the portable storage structure is located behind the principal structure. j. The portable storage structure shall not be placed upon any street or within any rights-of-way. Exception: Portable storage structures located in mixed-use, townhome, multifamily, or similar residential developments may locate within existing, striped on-street parking spaces provided there are no public safety or vehicular traffic issues caused by the location of the structure. k. Portable storage structures associated with construction of a new principal building at a site where a new building permit has been issued are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with new construction are exempt from the aforementioned conditions. l. Portable storage structures associated with any construction that is not part of the construction of a new principal building, and only in conjunction with the issuance of a building permit, may be placed for a maximum period of 180 days or upon completion of construction, whichever occurs first. The fee assessment for a portable storage structure associated with this sub-section shall be as follows: 0 to 30 days: standard fee 30 to 60 days: double the standard fee 60 to 90 days: three times the standard fee 90 to 120 days: four times the standard fee 120 to 180 days: six times the standard fee m. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code. D. Temporary Buildings and Uses (O-04-1497 / 12/21/04) 1. Temporary Use Permit – The Building Official may approve a permit for a temporary use specified in this Section for limited periods of time, provided evidence is furnished by the applicant that adequate measures are taken to satisfy public safety concerns and related site criteria concerns. All temporary uses shall be subject to the regulations contained in this Section. The building official may recommend a temporary use permit application be considered by the City Council where it has been determined by the building official that the proposed temporary use may have significant public interests. A temporary use permit, as herein prescribed, shall not be required for neighborhood block parties held in conjunction with the annual National Night Out neighborhood celebration or for events Proposed Changes - LDC Chapter 3, Section 3.24 Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 45 approved by a municipal department where said event is conducted on municipally owned property. a. Revocation: The Building Official may revoke a temporary use permit if determined that: i. The applicant has misrepresented any material fact on the application, or supporting materials. ii. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. iii. The operation of the temporary use violates any statute, law, ordinance or regulation. iv. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety or general welfare of the public. 2. Permit Conditions – The Building Official is hereby authorized to prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and general welfare of the community, with particular attention to areas adjacent to or in the vicinity of the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, limitation on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, or other standards designed to minimize adverse impacts on surrounding properties. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the decision to the City Council. 3. Construction Offices and Sales Offices – The Building Official may approve a permit for a temporary building for use as a construction office or a sales office for new home or lot sales in any zoning district during the construction phase of a permanent building or new subdivision, provided such temporary buildings comply with the following requirements: a. No temporary used as a construction office or a sales office shall encroach within five (5) feet of a property line or encroach within the visibility triangle required in Section 3.26 of this Land Development Code. b. A temporary building used as a construction office during the construction of a permanent building shall be removed within ten (10) days after the issuance of the certificate of occupancy of the permanent building, weather permitting, weather permitting. c. A temporary building used as a real estate sales office shall be removed within ten (10) days after ninety (90%) percent of the lots within the subdivision have been sold. d. A temporary construction office or real estate sales office shall sit on a blocked foundation acceptable to the Building Official. No temporary construction office or real estate sales office shall be used that rests only on the wheels. e. A model home may be used as a temporary real estate sales office and shall be exempt from paragraphs a, b, c, and d above. 4. Community Special Events – Outdoor events of public interest which are anticipated to attract less than 500 persons in attendance at any one time for a period of eight consecutive hours or more, such as carnivals, circuses, and similar temporary events or special fund-raising events sponsored by a public entity, civic or non-profit organization located within the City. 5. Tents – A temporary use or special event which includes the use of a tent shall require a separate permit in accordance with the standards contained in the Colleyville Fire Code. 6. Temporary Asphalt or Concrete Batch Plant – The Building Official may approve a permit for a temporary asphalt or concrete batch plant to provide construction materials for the site on which the temporary batch plant is located during the construction phase of a permanent building or new subdivision, provided such temporary use comply with the following requirements: a. The temporary batch plant must receive an air quality permit from the Texas Air Control Board, a board associated with the Texas Commission on Environmental Quality, and evidence must be presented at the time of application for building permit. Proposed Changes - LDC Chapter 3, Section 3.24 Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 46 b. The temporary batch plant must follow Texas Commission on Environmental Quality requirements for a Storm Water Pollution Prevention Plan (SWPPP or SWP3, TXG110,000) and Notice of Intent (NOI). A copy of both of these documents must be on the site of the temporary batch plant at all times. c. A location map must be provided indicating the closest habitable residences and churches. The minimum distances shall be 300 feet measured in a direct line. d. The material delivery route must be provided indicating routes for raw material delivery. e. The hours of operation will follow the construction hours of operation as required in the Code of Ordinances. f. A letter of permission must be provided by the property owner stating that the temporary batch plant will be used to provide concrete for the same site where it is located and no other project(s). The letter must also state that the site will be left in good or better condition. g. The application must state the amount of time that the temporary batch plant will be in operation. The duration cannot exceed 90 days without City Council approval. Any deviation from Section 3.24.D.6 will require City Council approval. h. A notice to proceed will be issued by the Director of Public Works or designee. The letter will state that the batch plant shall only be allowed in conjunction with the construction site for which the permit is issued. The letter will be kept on site with the TCEQ documentation. i. The Public Works Director or designee will determine if additional materials testing will be required. City staff will determine the testing personnel required and any cost of testing will be passed onto the applicant. E Outdoor Storage; Screening and Hours of Operations Zoning Districts Outdoor Storage Allowed Screening Requirements Adjacent to Single Family Hours of Operation Commercial Building Design Standards CPO Professional Office Commercial No 8’ Daytime only 30 pts. CN Neighborhood Commercial No 8’ Daytime only 30 pts. CC1 Village Retail No 8’ 24 hours 30 pts. CC2 Shopping Center No 8’ 24 hours 30 pts. CC3 Highway Commercial Yes 8’ 24 hours 30 pts. ML Light Manufacturing - Industrial Yes 8’ 24 hours 30 pts. F. District Regulation Notes A. Where abutting a lot zoned or used for residential purposes (RE through MH) maximum building height shall not exceed requirements shown in Figure 1 “Height Zones for Commercial Districts Adjoining Residential Districts”. The roofline within that 50 feet shall have a maximum height of 16’ at the eave and the roof design shall be of a residential style. B. No structure shall be erected in any zoning district in excess of the specified maximum building height either in the number of stories or feet, whichever is less, unless an exception to said maximum building height is contained in this Chapter, except as noted in note “C” below. C. Heights of four (4) stories may be permitted in CC2 (Shopping Center) district if combined with a Planned Unit Development (PUD). D. To achieve the “urban village” design, front yards may be varied to as little as 10’ from the front property line if required parking is setback not less than forty feet (40’) from the front property line. Proposed Changes - LDC Chapter 3, Section 3.24 ORDINANCE O-14-1914 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3-LAND USE, SECTION 3.24 – SCHEDULE OF PERMITTED USES OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Section 3.24 of the Land Development Code by providing regulations for temporary asphalt or concrete batch plants; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3-Land Use, Section 3.24 of the Land Development Code, is hereby amended to read as depicted in the attached Exhibit “A”. Sec. 2. 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. 3. 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. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all Ordinance O-14-1914 Page 2 of 2 violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Sec. 6. THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of April 2014. The second reading and public hearing being conducted on the 15th day of April 2014. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2014. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 32 Section 3.24 Schedule of Permitted Uses A. General Requirement and Symbols Used – Land and buildings may be used in accordance with Table 3.24.C, Schedule of Permitted Principal Uses and the additional requirements of this section. The following symbols are used in Table 3.24.C, Schedule of Permitted Principal Uses: 1. Permitted Uses – A “P” in a cell indicates that the use is allowed by right as the principal use in the applicable zoning district in accordance with Table 3.24.C, Schedule of Permitted Principal Uses. 2. Specific Uses – An “S” in a cell indicates that the use may be allowed with the approval by the City Council of a Special Use Permit following the applicable review and approval procedures. 3. Prohibited Uses – An empty cell indicates that the land use is prohibited in the applicable zoning district, unless otherwise allowed with the approval by the City Council of an ordinance establishing a Planned Unit Development District, or authorized by a Special Use Permit, or in conformance with the provisions contained in Section 3.6.B-Classification of New and Unlisted Uses. Appendix "A" Co l l e y v i l l e , T e x a s , L a n d D e v e l o p m e n t C o d e Ch a p t e r 3 - L a n d U s e P a g e 3 - 3 9 Ta b l e 3 . 2 4 . B - - S c h e d u l e o f P e r m i t t e d P r i n c i p a l U s e s La n d U s e C l a s s i f i c a t i o n Re s i d e n t i a l D i s t r i c t No n - R e s i d e n t i a l Di s t r i c t s Sp e c i a l La n d U s e St a n d a r d s Parking Group AG RE R40 R30 R20 R15 RD RMF MH CPO CN CC1 CC2 CC3 ML Au t o P a r t s a n d A c c e s s o r y S t o r e s P P P 13 7 Au t o , T r u c k o r T r a i l e r R e n t a l S S 13 8 Au t o U p h o l s t e r y S h o p s PP 13 9 Au t o P a r k i n g L o t s a n d G a r a g e s ( f r e e s t a n d i n g ) SS S S S S n.a. Au t o R e p a i r S h o p SS S 13 9 Bo a t a n d W a t e r - c r a f t S a l e s a n d S e r v i c e SS S 13 8 Bu s o r P a s s e n g e r T r a i n S t a t i o n s S S S S 24 Ca r W a s h ( s e l f s e r v i c e a n d a u t o m a t i c ) S P 9 Co m m u t e r T r a n s i t S t a t i o n s S S S S 24 Ga s o l i n e S e r v i c e S t a t i o n s SS 13 7 LP G / C N G D i s p e n s in g S t a t i o n s SS 24 Mo t o r c y c l e S a l e s a n d S e r v i c e SS 13 8 Pa i n t a n d B o d y S h o p s SS 13 9 Pa r k a n d R i d e F a c i l i t i e s S S S S 24 Ra i l r o a d o r M o t o r F r e i g h t T e r m i n a l s SS S 24 Re c r e a t i o n a l V e h i c l e S a l e s a n d S e r v i c e SS 13 8 Ti r e a n d B a t t e r y S t o r e s SS S 13 7 Tr u c k a n d H e a v y E q u i p m e n t S a l e s a n d S e r v i c e SS 13 8 Ve h i c l e S t o r a g e Y a r d s o r F a c i l i t i e s S S S S 24 J. H E A V Y C O M M E R C I A L , I N D U ST R I A L & M A N U F A C T U R I N G U S E S Ap p l i a n c e R e p a i r S h o p s SS 8 Bu i l d i n g M a t e r i a l S a l e s w i t h o u t s i d e s t o r a g e S P 7 Ap p e n d i x " A " Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 44 b. A temporary use permit for a portable storage structure shall be obtained from the Community Development Department prior to placement for any portable storage structure. c. There shall be no more than one (1) portable storage structure per property. d. The portable storage structure shall be no larger than ten (10) feet wide, twenty (20) feet long and ten (10) feet high. e. Notwithstanding the requirements of sub-sections “k” and “l” below, a portable storage structure shall not remain at a property in any zoning district in excess of thirty (30) consecutive days, and shall not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year. f. The portable storage structure shall be set back a minimum of five (5) feet from all property lines. g. The portable storage structure shall be set back a minimum of five (5) feet from the nearest wall of a building. h. Where a side facing garage or a garage that is located behind the principal structure exists, the portable storage structure shall be located behind the front line of the principal structure. i. The portable storage structure shall be placed on an asphalt or concrete surface. A gravel surface is permitted if the portable storage structure is located behind the principal structure. j. The portable storage structure shall not be placed upon any street or within any rights-of-way. Exception: Portable storage structures located in mixed-use, townhome, multifamily, or similar residential developments may locate within existing, striped on-street parking spaces provided there are no public safety or vehicular traffic issues caused by the location of the structure. k. Portable storage structures associated with construction of a new principal building at a site where a new building permit has been issued are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction. Portable storage structures associated with new construction are exempt from the aforementioned conditions. l. Portable storage structures associated with any construction that is not part of the construction of a new principal building, and only in conjunction with the issuance of a building permit, may be placed for a maximum period of 180 days or upon completion of construction, whichever occurs first. The fee assessment for a portable storage structure associated with this sub-section shall be as follows: 0 to 30 days: standard fee 30 to 60 days: double the standard fee 60 to 90 days: three times the standard fee 90 to 120 days: four times the standard fee 120 to 180 days: six times the standard fee m. Any waivers to the conditions of this section shall be considered by the Zoning Board of Adjustment in accordance with Chapter One of the Land Development Code. D. Temporary Buildings and Uses (O-04-1497 / 12/21/04) 1. Temporary Use Permit – The Building Official may approve a permit for a temporary use specified in this Section for limited periods of time, provided evidence is furnished by the applicant that adequate measures are taken to satisfy public safety concerns and related site criteria concerns. All temporary uses shall be subject to the regulations contained in this Section. The building official may recommend a temporary use permit application be considered by the City Council where it has been determined by the building official that the proposed temporary use may have significant public interests. A temporary use permit, as herein prescribed, shall not be required for neighborhood block parties held in conjunction with the annual National Night Out neighborhood celebration or for events Appendix "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 45 approved by a municipal department where said event is conducted on municipally owned property. a. Revocation: The Building Official may revoke a temporary use permit if determined that: i. The applicant has misrepresented any material fact on the application, or supporting materials. ii. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. iii. The operation of the temporary use violates any statute, law, ordinance or regulation. iv. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety or general welfare of the public. 2. Permit Conditions – The Building Official is hereby authorized to prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and general welfare of the community, with particular attention to areas adjacent to or in the vicinity of the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, limitation on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, or other standards designed to minimize adverse impacts on surrounding properties. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the decision to the City Council. 3. Construction Offices and Sales Offices – The Building Official may approve a permit for a temporary building for use as a construction office or a sales office for new home or lot sales in any zoning district during the construction phase of a permanent building or new subdivision, provided such temporary buildings comply with the following requirements: a. No temporary used as a construction office or a sales office shall encroach within five (5) feet of a property line or encroach within the visibility triangle required in Section 3.26 of this Land Development Code. b. A temporary building used as a construction office during the construction of a permanent building shall be removed within ten (10) days after the issuance of the certificate of occupancy of the permanent building, weather permitting, weather permitting. c. A temporary building used as a real estate sales office shall be removed within ten (10) days after ninety (90%) percent of the lots within the subdivision have been sold. d. A temporary construction office or real estate sales office shall sit on a blocked foundation acceptable to the Building Official. No temporary construction office or real estate sales office shall be used that rests only on the wheels. e. A model home may be used as a temporary real estate sales office and shall be exempt from paragraphs a, b, c, and d above. 4. Community Special Events – Outdoor events of public interest which are anticipated to attract less than 500 persons in attendance at any one time for a period of eight consecutive hours or more, such as carnivals, circuses, and similar temporary events or special fund-raising events sponsored by a public entity, civic or non-profit organization located within the City. 5. Tents – A temporary use or special event which includes the use of a tent shall require a separate permit in accordance with the standards contained in the Colleyville Fire Code. 6. Temporary Asphalt or Concrete Batch Plant – The Building Official may approve a permit for a temporary asphalt or concrete batch plant to provide construction materials for the site on which the temporary batch plant is located during the construction phase of a permanent building or new subdivision, provided such temporary use comply with the following requirements: a. The temporary batch plant must receive an air quality permit from the Texas Air Control Board, a board associated with the Texas Commission on Environmental Quality, and evidence must be presented at the time of application for building permit. Appendix "A" Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 46 b. The temporary batch plant must follow Texas Commission on Environmental Quality requirements for a Storm Water Pollution Prevention Plan (SWPPP or SWP3, TXG110,000) and Notice of Intent (NOI). A copy of both of these documents must be on the site of the temporary batch plant at all times. c. A location map must be provided indicating the closest habitable residences and churches. The minimum distances shall be 300 feet measured in a direct line. d. The material delivery route must be provided indicating routes for raw material delivery. e. The hours of operation will follow the construction hours of operation as required in the Code of Ordinances. f. A letter of permission must be provided by the property owner stating that the temporary batch plant will be used to provide concrete for the same site where it is located and no other project(s). The letter must also state that the site will be left in good or better condition. g. The application must state the amount of time that the temporary batch plant will be in operation. The duration cannot exceed 90 days without City Council approval. Any deviation from Section 3.24.D.6 will require City Council approval. h. A notice to proceed will be issued by the Director of Public Works or designee. The letter will state that the batch plant shall only be allowed in conjunction with the construction site for which the permit is issued. The letter will be kept on site with the TCEQ documentation. i. The Public Works Director or designee will determine if additional materials testing will be required. City staff will determine the testing personnel required and any cost of testing will be passed onto the applicant. E Outdoor Storage; Screening and Hours of Operations Zoning Districts Outdoor Storage Allowed Screening Requirements Adjacent to Single Family Hours of Operation Commercial Building Design Standards CPO Professional Office Commercial No 8’ Daytime only 30 pts. CN Neighborhood Commercial No 8’ Daytime only 30 pts. CC1 Village Retail No 8’ 24 hours 30 pts. CC2 Shopping Center No 8’ 24 hours 30 pts. CC3 Highway Commercial Yes 8’ 24 hours 30 pts. ML Light Manufacturing - Industrial Yes 8’ 24 hours 30 pts. F. District Regulation Notes A. Where abutting a lot zoned or used for residential purposes (RE through MH) maximum building height shall not exceed requirements shown in Figure 1 “Height Zones for Commercial Districts Adjoining Residential Districts”. The roofline within that 50 feet shall have a maximum height of 16’ at the eave and the roof design shall be of a residential style. B. No structure shall be erected in any zoning district in excess of the specified maximum building height either in the number of stories or feet, whichever is less, unless an exception to said maximum building height is contained in this Chapter, except as noted in note “C” below. C. Heights of four (4) stories may be permitted in CC2 (Shopping Center) district if combined with a Planned Unit Development (PUD). D. To achieve the “urban village” design, front yards may be varied to as little as 10’ from the front property line if required parking is setback not less than forty feet (40’) from the front property line. Appendix "A"