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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-4/13/2015 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 13, 2015 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, UPDATES ON DEVELOPMENT AND CONSTRUCTION ACTIVITY, AND 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 action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Davis PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES March 23, 2015 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. REGULAR AGENDA ITEMS 3a Consideration of a replat on Lot 1, Block 1, of the Mac’s Bar and Grill City of Colleyville Page 1 Planning and Zoning Commission Agenda April 13, 2015 Addition located at 5120 State Highway 121, Case PC15-002 3b Consideration of a final plat on Abstract 685, of the J. Havens Survey, Abstract 173, of the S. C. H. Witten Survey, and Abstract 441, of the Jesse Doss Survey located at 2800 Heritage Avenue, Case PC15-008 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration of a replat on Lots 34A & 35A, Block 1, of the Westcoat Place Addition, located at 6012 and 6106 L. D. Lockett Road, Case PC15-007 4b Consideration of a Special Use Permit for an accessory building on Lot 3R1, Block 1, of the Pleasant Oaks Estates Addition, located at 601 Shelton Drive, Case ZC15-002 4c Consideration of an amendment to the PUDC-Planned Unit Development Commercial zoning requirements on Abstract 1154, of the R. H. McEwing Survey located at 8092 Precinct Line Road, Case ZC15-005 4d Consideration of a Special Use Permit for an accessory building on Lot 12, Block 4, of the Ashmore Addition located at 2705 Highgrove Court, Case ZC15-006 4e Consideration of an amendment to the Special Use Permit requirements on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC15-007 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards April 10, 2015 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. City of Colleyville Page 2 Planning and Zoning Commission Agenda April 13, 2015 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 3 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 Agenda Date 04/13/2015 Number Type Approval of Minutes Department Community Development Title March 23, 2015 Explanation Recommendation Attachments 1.Planning and Zoning Commission Meeting Minutes - March 23, 2015 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 23, 2015 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 March 23, 2015 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, Jim Gotcher, Don Davis, and Jeff Byerly Absent: Commissioners David Phelps and David Wheelwright Staff Present: Adam Marsh, Taci Wrisley, Patia Boomsma, Rob McKeown, Brian Riley, Dale Crown, Marty Wieder, Chris Pena, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Knox made a motion to approve the minutes as written. Commissioner Tornes seconded. The motion to approve the minutes as written carried by the following vote: Aye: 5 – Knox, Tornes, 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 Consideration of a final plat on 31.301 acres of Abstract 441 of the Jesse Doss Survey, located at 2800 Heritage Avenue, Case PC15-003 Patia Boomsma presented the case and briefed the Commission. Chairman Byerly questioned staff regarding whether Trails 27 and 29 City of Colleyville Page 1 Planning and Zoning Commission Minutes March 23, 2015 were shown on the proposed plat. Patia Boomsma replied no, they are not shown on the proposed plat. Commissioner Gotcher questioned staff regarding which trail was proposed to be added or removed. Patia Boomsma replied if Trail 27 is not removed from the plan it will have to connect to Trail 24. Commissioner Gotcher questioned staff regarding whether the connection of Trail 27 to Trail 24 was indicated on the plat. Patia Boomsma replied no. Claudio Segovia, on behalf of the applicant, came forward to answer questions and stated if required, they would add the easement for the Trail. Discussion occurred between staff and the Commission regarding the possibility of adding an easement for the trail. Commissioner Tornes questioned staff regarding whether they could make a recommendation for the placement of a trail if Trail 27 was removed. Matt Butler, city attorney, replied the Commission could not make a recommendation for placement on a new trail. Commissioner Gotcher made a motion to approve Case PC15- 003 with the following conditions: 1.) Trail 27 must remain and 2.) An extension to connect Trail 27 to Trail 24 must be added to the plat. Commissioner Davis seconded. Chairman Byerly stated the homeowner’s of the adjacent neighborhood have stated they do not want the trail to connect with theirs and the city would have to use eminent domain to make the trail accessible to the public. He further stated he would not be comfortable making that recommendation. Discussion continued regarding the connection of Trail 27. Chairman Byerly stated he would like to add a friendly amendment to the motion that the connection of the trail is contingent upon whether there is an existing public use easement. Commissioner Gotcher and Commissioner Davis both accepted the amendment. Discussion continued regarding how the case would be presented to City Council and what were the options for approval of the plat. City of Colleyville Page 2 Planning and Zoning Commission Minutes March 23, 2015 The motion to approve Case PC15-003 with the following condition: 1.) the developer must provide an easement for Trail 27 if a connection to the Woodland Hills neighborhood can be required carried by the following vote: Aye: 5 – Knox, Tornes, Gotcher, Davis, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration of a replat on Lot 18, Block 2, of the Fair Way Addition (No. 1), located at 8500 Precinct Line Road, PC14-028 Patia Boomsma presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding if there was mutual access provided between the subject property and the adjacent property. Patia Boomsma replied no, the adjacent property owner was not willing to provide mutual access. The public hearing was opened at 7:29 p.m. There being no one wishing to speak, the public hearing was closed at 7:29 p.m. Commissioner Knox made a motion to approve Case PC14-028. Commissioner Tornes seconded. The motion to approve carried by the following vote: Aye: 5 – Knox, Tornes, Gotcher, Davis, and Byerly 5. ADJOURNMENT The meeting adjourned at 7:30 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on April 13, 2015 by a vote of __________. City of Colleyville Page 3 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 04/13/2015 Number Type Regular Agenda Items Department Community Development Title Consideration of a replat on Lot 1, Block 1, of the Mac’sBar and Grill Addition located at 5120 State Highway 121, Case PC15-002 Explanation Tony Bates has submitted a request to approve a replat of Lot 1, Block 1 of the Mac’s Bar and Grill Addition located at 5120 State Highway 121. The replat involves subdividing Lot 1 into Lots 1A and 1B in order to construct offices on Lot 1A. Existing Conditions. The property is developed with a 7,549 square foot restaurant building which is currently vacant. The existing building will remain on the proposed Lot 1B. Surrounding Development Trends. Properties to the north, west, and south of the subject property are zoned CC-2-Shopping Center. Property to the north is developed as Rio Mambo and general office, property to the west is developed as general office, and the property to the south is developed as the Sunflower Shoppe. Property to the east is State Highway 121. Across State Highway 121 is the City of Grapevine. Zoning. The property is zoned CC-2-Shopping Center district and is developed with a 7,549 square foot restaurant building which is currently vacant. Minimum lot standards for the CC-2 Shopping Center district are as follows: Minimum Lot Size: 20,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 120 feet The two proposed lots, Lot 1A and Lot 1B, meet the minimum standards of the CC-2- Shopping Center district. Tree Preservation. All trees must be protected per the requirements of Chapter 5 – Tree Preservation in the Land Development Code. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 the building footprints. Shared Parking. The entire site currently has 127 total parking spaces. Upon approval of the replat, Lot 1A will have 64 parking spaces and Lot 1B will have 63 parking spaces. Per the Land Development Code, Lot 1B is required to have 76 parking spaces (one(1) parking space per 100 square feet of gross floor area). Once the replat is filed, Lot 1B will be immediately deficient 13 parking spaces. Since the existing parking on Lot 1B will be less than required, a shared parking agreement between Lot 1A and Lot 1B has been provided and is attached to the briefing. The shared parking agreement will be executed and filed with Tarrant County upon approval of the plat. The shared parking agreement will be filed prior to staff filing the replat with Tarrant County. Furthermore, a shared parking agreement will be filed prior to a Certificate of Occupancy being issued to any restaurant use on Lot 1B. At the time Lot 1A is developed, existing parking will be lost for the placement of a building. Per the applicant, general offices will be constructed for the owner's personal businesses. General office requires one (1) parking space per 300 square feet of gross floor area. When a site and landscape plan is submitted for Lot 1A, adequate parking will be provided between the two lots. Assuming general office is constructed on Lot 1A, the two uses should not share the same peak hours; therefore, a shared parking agreement is appropriate for meeting the parking requirement of both sites. Mutual Access. A mutual access/fire lane easement is provided between Lot 1A and Lot 1B, and from Lot 1B to the lot to the south. Sidewalks. There is not currently a sidewalk along State Highway 121. A five foot wide sidewalk will be required to be constructed along State Highway 121 if a building permit is issued for Lot 1B. Impact Fees. Water, sewer, and roadway impact fees are due at the time a building permit is issued for Lot 1A. Fees will depend upon land use according to Chapter 13- Impact Fees of the Land Development Code. Park land dedication fees are paid per acre on commercial lots. Since this is a replat of an existing platted lot, park land dedication will not be required. Summary. The proposed replat satisfies the requirements of the Land Development Code for the CC-2-Shopping Center district. Therefore, staff recommends approval of the replat. Recommendation Approve Attachments 1.Location and Zoning Map Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 2.Aerial 3.Shared Parking Agreement 4.Replat G A T E W A Y C T G A T E W A Y D RCC-2 CPO PUD-C 05401 0 0 0 5174 4000 5100 5120 5220 5100 3930 4215 4209 4205 4109 5200 4013 3930 4214 4201 4218 4113 4105 4012 5000 4101 0 4204 5207 52095209 4016 / Subject Property City ofGrapevine Location and Zoning Map G A T E W A Y C T G A T E W A Y D R / Subject Property City ofGrapevine S T A T E H I G H W A Y 1 2 1 Aerial 1 | Easement Agreement for Reciprocal Access and Parking Easement Agreement for Reciprocal Access and Parking Date: ___________________, 2015 First Party: Tomorrow Holdings, LLC, a Texas Limited Liability Company First Party's Mailing Address: Tomorrow Holdings, LLC 4215 Gateway Drive, Suite 101 Colleyville, TX 76034 Second Party: Tomorrow Holdings, LLC, a Texas Limited Liability Company Second Party's Mailing Address: Tomorrow Holdings, LLC 4215 Gateway Drive, Suite 101 Colleyville, TX 76034 First Party's Property: Lot 1B, Block 1, Mac's Bar and Grill Addition, an addition to the City of Colleyville, Tarrant County, Texas, Being a replat of Lot 1 Block 1, Mac's Bar and Grill Addition, an addition to the City of Colleyville, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide 5671 of the Plat Records of Tarrant County, Texas. Second Party's Property: Lot 1A, Block 1, Mac's Bar and Grill Addition, an addition to the City of Colleyville, Tarrant County, Texas, Being a replat of Lot 1 Block 1, Mac's Bar and Grill Addition, an addition to the City of Colleyville, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide 5671 of the Plat Records of Tarrant County, Texas. Easement Purpose: For providing free and uninterrupted pedestrian and vehicular ingress to, egress from, and access across and between First Party's Property and Second Party's Property and portions thereof and for providing uninterrupted vehicular parking of any Class M or Class C motor vehicle, as defined by the Texas Department of Public Safety, across and between First Party’s Property and Second Party’s Property and portions thereof. Consideration: The sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties. Reservations from Conveyance of First Party's Property: That portion of Lot covered with existing landscaping and improvements; Shared Parking Agreement 2 | Easement Agreement for Reciprocal Access and Parking Reservations from Conveyance of Second Party's Property: That portion of Lot where one or more office buildings and su bsequent improvements shall be constructed; Grants of Easements: First Party, for the Consideration and subject to the Reservations from Conveyance of First Party's Property and Exceptions to Warranty of First Party's Property, grants, sells, and conveys to Second Party and Second Party's heirs, successors, and assigns an easement to, over, and across First Party's Property for the Easement Purpose and for the benefit of all or any portion of Second Party's Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold the easement, rights, and appurtenances to Second Party and Second Party's heirs, successors, and assigns forever. First Party binds First Party and First Party's heirs, successors, and assigns to warrant and forever defend the title to the easement, rights, and appurtenances in Second Party and Second Party's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the easement, rights, or appurtenances, or any part thereof, except as to the Reservations from Conveyance of First Party's Property and Exceptions to Warranty of First Party's Property, to the extent that such claim arises by, through, or under First Party but not otherwise. Second Party, for the Consideration and subject to the Reservations from Conveyance of Second Party's Property and Exceptions to Warranty of Second Party's Property, grants, sells, and conveys to First Party and First Party's heirs, successors, and assigns an easement to, over, and across Second Party's Property for the Easement Purpose and for the benefit of all or any portion of First Party's Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold the easement, rights, and appurtenances to First Party and First Party's heirs, successors, and assigns forever. Second Party binds Second Shared Parking Agreement 3 | Easement Agreement for Reciprocal Access and Parking Party and Second Party's heirs, successors, and assigns to warrant and forever defend the title to the easement, rights, and appurtenances in First Party and First Party's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the easement, rights, or appurtenances, or any part thereof, except as to the Reservations from Conveyance of Second Party's Property and Exceptions to Warranty of Second Party's Property, to the extent that such claim arises by, through, or under Second Party but not otherwise. The easements, rights, and appurtenances hereby granted by and between First Party and Second Party are referred to herein as the "Easements." First Party's Property and Second Party's Property are sometimes referred to herein collectively as the "Properties." First Party and Second Party are sometimes referred to herein individually as a "Party" and collectively as the "Parties." Terms and Conditions: The following terms and conditions apply to the Easements granted by this agreement: 1. Character of Easements. The Easements are appurtenant to and run with the Properties, and portions thereof, whether or not the Easements are referenced or described in any conveyance of the Properties, or any portion thereof. The Easements are for the benefit of the Parties and the heirs, successors, and assigns of the Parties who at any time own the Properties or any interest therein (as applicable, the "Holders"). 2. Duration of Easements. The duration of the Easement is perpetual 3. Nonexclusiveness of Easements. The Easements are nonexclusive, and each of the Parties reserves for itself and its heirs, successors, and assigns the right to use all or part of the Easements in conjunction with any other Holder and the right to convey to others the right to use all or part of the Easements in conjunction with the Holders, as long as such further Shared Parking Agreement 4 | Easement Agreement for Reciprocal Access and Parking conveyance is subject to the terms of this agreement. 4. Use and Location of Easements. The Parties and other Holders will be entitled to exercise direct access to and between the Properties without interference except as set forth in this agreement and to use all access areas, driveways, and parking lots located on any portion of the Properties in exercising the Easements. A Holder may erect curbs or other barriers to traffic between the Properties owned by that Holder and adjacent portions of the Properties, including but not limited to differences in grade levels, only to the extent that such curbs or other barriers will not unreasonably interfere with or restrict direct access to and between the Properties by the Holders of other portions of the Properties and their employees, customers, and other invitees. A Holder's employees, customers, and other invitees will also be entitled to park on the other Holder's Properties. 5. Maintenance of Easement Property. All access ways, driveways, and parking lots located on the Properties must be maintained at a level of appearance and utility consistent with the basic industry standards then prevailing for similarly used properties in the market in which the Properties are located. Each Holder will be solely responsible for the costs of maintaining the access ways, driveways, and parking lots located on that Holder's Properties. 6. Rights Reserved. Each Party reserves for that Party and that Party's heirs, successors, and assigns the right to continue to use and enjoy the surface of the Properties for all purposes that do not unreasonably interfere with or interrupt the use or enjoyment of the Easements. Each Party shall reserve the right to use the surface for now existing or future existing permanent construction improvements or the rebuilding of now existing or future existing construction improvements as the law allows. In no way shall this easement restrict the right for each party to maximize its surface use of the land. Shared Parking Agreement 5 | Easement Agreement for Reciprocal Access and Parking 7. Equitable Rights of Enforcement. These Easements may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the Parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 8. Attorney's Fees. If either Party retains an attorney to enforce this agreement, the Party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 9. Binding Effect. This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. 10. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any other jurisdiction. Venue is in the county or counties in which the Properties are located. 11. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 12. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting Party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. Shared Parking Agreement 6 | Easement Agreement for Reciprocal Access and Parking 13. Further Assurances. Each signatory Party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 14. Indemnity. Each Party agrees to indemnify, defend, and hold harmless the other Party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying Party. 15. Entire Agreement. This agreement and any exhibits are the entire agreement of the Parties concerning the Properties and the reciprocal Easements granted by the Parties. There are no representations, agreements, warranties, or promises, and neither Party is relying on any statements or representations of any agent of the other Party, that are not in this agreement and any exhibits. 16. Legal Construction. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the Parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. 17. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually Shared Parking Agreement 7 | Easement Agreement for Reciprocal Access and Parking received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 18. Recitals. Any recitals in this agreement are represented by the Parties to be accurate, and constitute a part of the substantive agreement. 19. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for performance will be the next following regular business day. Tomorrow Holdings, LLC, a Texas Limited Liability Company, Julia P. Barth, Member Tomorrow Holdings, LLC, a Texas Limited Liability Company, Julia P. Barth, Member STATE OF TEXAS ) COUNTY OF TARRANT ) Shared Parking Agreement 8 | Easement Agreement for Reciprocal Access and Parking Before me, April Thrasher, on this day personally appeared Julia P. Barth, proved to me through Texas Driver's License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that Julia P. Barth executed the same as the act of Tomorrow Holdings, LLC, a Texas Limited Liability Company, as its Member, for the purposes and consideration therein expressed. Given under my hand and seal of office this ______ day of _____________, 2015. Notary Public, State of Texas My commission expires: December 11, 2017 STATE OF TEXAS ) COUNTY OF TARRANT ) Before me, April Thrasher, on this day personally appeared Julia P. Barth, proved to me through Texas Driver's License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that Julia P. Barth executed the same as the act of Tomorrow Holdings, LLC, a Texas Limited Liability Company, as its Member, for the purposes and consideration therein expressed. Given under my hand and seal of office this ______ day of _____________, 2015. Notary Public, State of Texas My commission expires: December 11, 2017 PREPARED IN THE OFFICE OF: J.P. Barth Law Firm, PLLC 4215 GATEWAY DRIVE, SUITE 101 COLLEYVILLE, TX 76034 Tel: (817) 358-9500 Fax: (817) 358-9501 Shared Parking Agreement 9 | Easement Agreement for Reciprocal Access and Parking AFTER RECORDING RETURN TO: J.P. Barth Law Firm, PLLC 4215 GATEWAY DRIVE, SUITE 101 COLLEYVILLE, TX 76034 Tel: (817) 358-9500 Fax: (817) 358-9501 Shared Parking Agreement Re p l a t 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 04/13/2015 Number Type Regular Agenda Items Department Community Development Title Considerationof a final plat on Abstract 685, of the J. Havens Survey, Abstract 173, of theS. C. H. Witten Survey, and Abstract 441, of the Jesse Doss Survey located at2800 Heritage Avenue, Case PC15-008 Explanation Jay Volk, representing Standard Pacific of Texas, has submitted a request to approve the Phase Four final plat for the Creekside at Colleyville addition, which includes 40 single family residential lots and six open space lots on 16.487 acres. The Phase One final plat was approved by the City Council on November 19, 2013 and homes are being constructed. The Phase Two final plat was approved by the City Council on July 15, 2014 and public improvements are under construction. The Phase Three final plat was approved August 19, 2014 and public improvements are under construction. The Phase Five final plat is scheduled for consideration by City Council on April 21, 2015. The Phase Four final plat is consistent with the preliminary plat, which was approved by the City Council on July 15, 2014. City Council Approval Required. On January 21, 2014 the City Council approved amendments to Chapter 8-Plat Review Procedures in the Land Development Code such that most plats require final approval only from the Planning and Zoning Commission. The remaining plats that require final City Council approval are preliminary plats and final plats that involve more than one phase. Detailed Site Plan. A detailed site plan was approved for Phase Two by Ordinance O- 13-1899 (attached). The site plan approved by Ordinance O-13-1899 has been divided into four phases (Phase Two, Three, Four, and Five) for final platting purposes. The Phase Four final plat complies with the approved site plan attached to Ordinance O-13- 1899. Zoning and Land Use. A re-zoning request for PUD-R-Planned Unit Development Residential zoning district was originally approved by Ordinance O-07-1645 (attached). Ordinance O-07-1645 was then amended by Ordinance O-13-1866 (attached) on March 5, 2013. Ordinance O-13-1866 provides a detailed development plan for Phase One and includes other minor amendments. Ordinance O-07-1645 and O-13-1866 was then amended by Ordinance O-13-1899 on December 17, 2013. Ordinance O-13-1899 provides a detailed development plan for Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 Phase Two. Ordinance O-13-1899 also zoned the property at the northwest corner of Heritage Avenue and Cheek-Sparger Road, which was incorporated into the City by boundary adjustment Ordinance O-12-1828. The zoning requirements stated in Ordinance O-07-1645 include single-family detached residential as the primary use with a maximum density of 2.4 dwelling units per acre. The minimum lot sizes are 5,500 and 9,000 square feet, dependent on lot widths. The minimum lot widths are 50 and 70 feet. Private Streets/Access. The development will have access from both Heritage Avenue and Cheek-Sparger Road. All streets serving the development will contain a minimum of 40 feet of right-of-way, measured from curb-back to curb-back, with five (5) foot easements on both sides. All streets within the subdivision will be private and maintained by the homeowners' association. Creekside will be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances. Heritage Avenue Right-of-Way. Eighty (80) feet of right-of-way is required for Heritage Avenue based on the recommendation of the Master Thoroughfare Plan. Heritage Avenue is classified as a Major Collector (four lane) on the plan. The proposed final plat dedicates the necessary right-of-way as required by the Master Thoroughfare Plan. Sidewalks and Trails. Four (4) foot sidewalks will be installed in front of each residential lot and adjacent to all open space lots along new streets within dedicated easements. A ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan will be constructed by the developer along the west side of Heritage Avenue, prior to the acceptance of public improvements. Staff will request removal of Trail 29 from the 2005 City of Colleyville Pathways Plan at the April 21, 2015 City Council meeting. Trail 29 showed to connect to a private trail system within the Woodland Hills Addition. The proposed Trail 29 connection within Woodland Hills is located on private property and there is no existing easement granting pedestrian access. Access to Woodland Hills could be blocked leaving an unconnected trail. Drainage. The developer has submitted a drainage analysis of the site, which has been accepted by Public Works. Park Land Dedication Fees. Park land dedication fees are required, in the amount of $1,802 per residential lot. Park land dedication fees are due at the time of final plat, and must be paid before the final plat is recorded with the County Clerk's office. Based on 40 lots, $72,080 in park land dedication fees will be due. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required for this plat, as the amount of impact fees exceeds the total cost of the perimeter street improvement fees for Heritage Avenue. Roadway impact in the amount of $4,941 per residential lot will be due at the time a building permit is issued. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 With 40 lots in this phase, a total roadway impact fee of $197,640 will be collected. Other Impact Fees. Water and wastewater impact fees are due at the time of the building permit application and will be assessed per Chapter 13 - Impact Fees. Minimum water impact fees are $2,491 and minimum wastewater impact fees are $643. Screening Walls and Fences. Perimeter fencing along Heritage Avenue will only be required immediately adjacent to lots, and not be required where floodplain or open space is adjacent to Heritage Avenue. Perimeter fencing that currently exists along the west side of the proposed development will remain. Ordinance O-13-1899 amended Ordinance O-07-1645, Section 4(7)b 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. Except as noted above, all fences shall be constructed per Exhibit D of Ordinance O-13-1899. Landscaping and Tree Preservation. A Tree Preservation Plan consistent with Chapter 5 of the City's Land Development Code has been approved for the entire Creekside development. Tree protection must be installed and maintained, per the approved Tree Preservation Plan, throughout construction on the project. Landscaping shall be provided as specified in Chapter 4 of the Land Development Code. Summary. The proposed development satisfies the requirements of PUD-R Planned Unit Development-Residential Ordinances O-07-1645, O-13-1866, and O-13-1899 and the Land Development Code. Per the requirements of the Land Development Code, this plat requires final approval by the City Council given that it is part of a multi-phased development. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Phase Four Final Plat 4.Ordinance O-07-1645 5.Ordinance O-13-1866 6.Ordinance O-13-1899 7.Preliminary Plat Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 4 HE R I T A G E A V E PEMBROOKEPKWY N CAMBRIDGE CT HE R I T A G E A V E L E X I N G T O N P K W Y CH R I S M A C W A Y MA R T I N P K W Y HE R I T A G E A V E PARKVIEW C T WINEWOODPL SU M M I T HIL L C T WINDSOR C T CROSSGATE CIR N CROSSGATECIR S CR O S S G A T E CIR E LAUREN'S PL WI N E W O O D C T COTSWOLD CT R-30 PUD-R PUD-R PUD-R R-20 PUD-R RER-40 0 0 0 0 0 0 2800 2800 03500 3302 34023400 3300 450335094504 4500 2800 3501 3401 34093405 3506 3505 0 3404 4601 3305 3500 3401 3504 3403 3400 3303 35153305 3501 4605 4609 4318 3700 3601 4307 4302 4700 3612 4600 42064206 4704 4209 4708 4207 35114905 4310 3606 37013605 36133609 3304 3604 3605 3608 4314 3506 3519 4300 4316 3502 3507 4306 4307 3410 3503 4304 4311 3411 3402 4313 3406 3407 4309 3403 4305 4301 4303 4207 4305 42054204 3401 35053409 36134703 / Subject Property City ofEuless Location and Zoning Map HE R I T A G E A V E PEMBROOKEPKWY N CAMBRIDGE CT HE R I T A G E A V E L E X I N G T O N P K W Y CH R I S M A C W A Y HE R I T A G E A V E WINEWOODPL SU M M I T HIL L C T WINDSOR C T CROSSGATE CIR N PR E S T W I C K D R CROSSGATECIR S CR O S S G A T E CI R E LAUREN'S PL WI N E W O O D C T COTSWOLD CT / Subject Property City of Euless Aerial VICINITY MAPHWY. 121 GLADE RD.HALL JOHNSON RD.CHEEK SPARGER RD.POOL RD.JACKSON RD.MARTINCITIES W MID BLVD.121 157PKWY.Owner/Applicant:Standard Pacific of Texas, Inc.909 Lake Carolyn Parkway, Suite 1700 Irving, Texas 75039 972-590-2400FINAL PLAT CREEKSIDE AT COLLEYVILLE PHASE FOUR 16.487 acres in the JOHN H. HAVENS SURVEY, ABSTRACT NO. 685 S. C. H. WITTEN SURVEY, ABSTRACT NO. 1734 and JESSE DOSS SURVEY, ABSTRACT NO. 441 40 Single Family Lots and 6 Open Space Lots CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS 27 March 2015<CM>1" = 60'SHEET 1 OF 2 Engineer/Surveyor: J. Volk Consulting, Inc.800 E. Campbell Rd., Suite 120 Richardson, Texas 75081 972-201-3100GEHERITAAVE. Ci t y C o u n c i l A p p r o v a l WH E R E A S T h e C i t y C o u n c i l o f t h e C i t y o f C o l l e y v i l l e , T e x a s v o t e d a f f i r m a t i v e l y o n t h i s _ _ _ _ _ d a y o f __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ , t o a p p r o v e t h i s P l a t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ma y o r , C i t y o f C o l l e y v i l l e __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At t e s t : C i t y S e c r e t a r y Pl a n n i n g a n d Z o n i n g C o m m i s s i o n A p p r o v a l WH E R E A S T h e P l a n n i n g a n d Z o n i n g C o m m i s s i o n o f t h e C i t y o f C o l l e y v i l l e , T e x a s v o t e d a f f i r m a t i v e l y o n t h i s _ _ _ _ _ d a y of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ , t o a p p r o v e t h i s P l a t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ch a i r m a n , P l a n n i n g a n d Z o n i n g C o m m i s s i o n __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At t e s t : S e c r e t a r y , P l a n n i n g a n d Z o n i n g C o m m i s s i o n Ph a s e Fo u r Fi n a l Pl a t 27 March 2015 1" = 60'SHEET 2 OF 2 Engineer/Surveyor: J. Volk Consulting, Inc.800 E. Campbell Rd., Suite 120 Richardson, Texas 75081 972-201-3100VICINITY MAPHWY. 121 GLADE RD.HALL JOHNSON RD.CHEEK SPARGER RD.POOL RD.JACKSON RD.MARTINCITIES W MID BLVD.121 157PKWY.GE HERITAAVE. DE T A I L ' A ' SC A L E : 1 " = 2 0 ' Owner/Applicant:Standard Pacific of Texas, Inc.909 Lake Carolyn Parkway, Suite 1700 Irving, Texas 75039 972-590-2400 “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” FINAL PLAT CREEKSIDE AT COLLEYVILLE PHASE FOUR 16.487 acres in the JOHN H. HAVENS SURVEY, ABSTRACT NO. 685 S. C. H. WITTEN SURVEY, ABSTRACT NO. 1734 and JESSE DOSS SURVEY, ABSTRACT NO. 441 40 Single Family Lots and 6 Open Space Lots CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS Ph a s e Fo u r Fi n a l Pl a t 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 EREAS, 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 of 6 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. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEYVILLE, 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 by reference 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 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. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. 4. 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 of 6 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 9,000 square feet b. Minimum Lot Width 70 feet c. Minimum Lot Depth 120 feet d. Front Building Line 20 feet; or 15 feet for a front swing garage e. Side Building Line 5 feet f. Rear Building Line 30 feet g. Maximum Building Height 40 feet h. Maximum Lot Coverage 65% Ordinance 0-07-1645 Page 4 of 6 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 5,500 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% 5. OPEN SPACE AND LANDSCAPE BUFFER 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. Ordinance 0-07-1645 Page 5 of 6 7. SCREENING 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. 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 specifically 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 Ordinance 0-07-1645 Page 6 of 6 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. ND IT IS SO ORDERED. first reading and public hearing being conducted on the /~ ~ day of g~~~ 2007. ~ 4Q-- he second reading and public hearing being conducted on the I ~ day of i1-~/niri~/ ~ 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly C~ Mayor ROVED 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 N0.352, THE JOHN H. HAVENS SURVEY, ABSTRACT N0.685, THE JESSE DOSS SURVEY, ABSTRACT N0.441 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; S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER; S OS°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~E C E IV E D FES o s zoo? Page 1 of 3 l:\SLD\Q2421300~SDATA~ZONING.doc Pei ~~~..~~.~.=,~a~, ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 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 1 IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TA-RRANT 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 AND 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 SPARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TA-ItRANT 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 of 3 l:~S LD~02421300~SDATA~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 RADIUS 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 of 3 1: \S L D\02421300\S DA TA1Z ON iN G. d oc Exhibit "C" -Conceptual Site Plan 3 e p o°O ~ ~ tt v ~~ n r O I ~PADf y r1~'il ~I1 "'~i g / ~ ~ ~ I I ,v - - r e '_ ~ ~ it ~ i I i SPADE I ' u ~ ~ aG / <~ r ~ t/I~ I \ \ :a~ ~' ~ { I ~ ~0 m 1' ~ I ~~ ICI ~ ~/~ ~ / ~,~ _ _ ~~ ~s - ~ - II '~ -9~a;J ~n a%I i I c/ 9 i~~ J b, Ie x r ~ Icy n s , e \ ~$ ~ ~ I ~ _ ~ ~ ail . g ~ ~~ 14 ~ I m I I i = I~ I~I Z I ~ I ,' ly l (~ I " ~ ' y I I I I ~T ~ ~ `~~ "' p I gel ICI ~ i a ~~ I ~L. ~ ~1 ~ m ~ ~ ~ ~- T I u - ~ ~ (~ ~! Ig ~ i i3 ~~ siRCEr M ~ II I u ~\~ ~ `~ i,w~ ~{ I b~~l X x , a ~ ~ x I I ~ -i - .~~ al ~ , ` I 9 ~ ~ l I ~ I\ I + I u I S I bl ~. = I~ ~~ x ~~ c r-- tl J/ Ab 1 ~ i? I - I~ ,~ Is ~_ srteeEr c '~ ~- ~~I ' ~/ ~~~ \ ~~~~~ I ~~~ I =~ a N, ~yl / • X15" ~ /~ ~ / 1 a I r I '~ I S I stREEr r ,..~ - smEEr ~ ~ ~ - ` Y I ~~ ~ ' i' ~ Ix I i ~ ¢ ~' ~ ~~ t / I I<I a Icl ~ ° ~~ j ~~ ~ ~ I - I~ ~ I e x o~ - I ~ = _ ,a ~ I ~ { a I _ ~ a / 1 ~ s ~ siR J / e w~ I I ~ ~ I a Ix m I ~ s /~ / ~ " / ~ m i 7~' I I ~ p~~ L~__ ~~~~~~~ CHEEK-SPARER RD.~~~~~ I / /' ' b•~ :~ ~ n~ / ~ ~~~° ~ cwoxmc~~sincrn no ,'/~ '~' /~./ ~ I ~»~ ~ A~>c i ~, / tl .... a• ng =z~y ~r oo~ '~ a t ° ~ ~ E nos P~ ~ ~ O I :~_ ~-•---- ~ CREEKSIDE AT COLLEYVILLE 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, the applicant 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 requirements within 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 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 rr Ordinance 0-13-1866 Page 2 of 5 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 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 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 development requirements 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 the attached Exhibit "A". Sec. 4. 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 0-13-1866 Page 3 of 5 Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "B" shall be deemed to satisfy the site plan requirements of 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 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 one final plat shall be consistent with Exhibit "B". b. The remainder of the subject property within this PUD shall be required to 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 0-07-1645 are hereby deleted. b. The maximum building height in this development 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 the west 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 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 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 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 19th day of February 2013. 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. 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',!"'" — r ' t t I \ 1 1 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 j 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 2-07- 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 2-07- 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". 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(1)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. GENERAL AMENDMENTS 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 Page4of6 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 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. 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 APPROVEQ by the City Council of the City of Colleyville, Texas, on this the I I---'' day of OCC16 1per- 2013. Ordinance 0-13-1899 Page 6 of 6 ATT ST: CITY OF COLLEYVILLE 14 Am helle T I C David KellY Y City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: In Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 1 iI;C .1,040 im . _,,.. , Rite:gatM ,,,,, _ _ _, __ _ i x rid -; i +es EE` City of Euless Y iI- Q 4 _ ® Legendc.u..w C7 Ili - W subject Igg -Lola - AG Agricultural r--eff -1 - 11',- I - CC-1 Village Retailtail 20 CC-2 Shopping Centernter L;.. : Mesa CC-3 Highway Commercial CN Neighborhood Commercial CPO Professional Office ML Light Manufacturing PUD-C Planned Unit Development,Commercial PUD-R Planned Unit Development,Residential 4! R-10 Single Family Residential(10.000 sq.ft.min) III Ile C 1 R-15 Single Family Residential(15,000 sq.ft.min) r C I R-20 Single Family Residential(20.000 sq.ft.min) C R-30 Single Family Residential(30,000 sq.ft.min) min'" R-40 Single Family Residential(40.000 sq.ft min) tsta Q p R-MF Multi-Family Residential KEP Subject1d_do RD Two Family Residential Property RE Single Family'Estate'Residential 7, N City of Bedford i 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. 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':, P „,' k. 1 '' 4-1 ,*-' 1',.: r., ;'1','' 1, 1 1 '.. ' t''.. \ ›. ' t 8 11,,t,!! I,;,', i j.---741.. .',„.,„ s cs t.• ,a,',-, 1 ,,_\,„,". - GER 1 LLI '' ----- i'ARPEI( 5 L. Exhibit 'D' j... i n- i 6 Iron Fence t Retam Cxisting r'en.ce i or Ne,v (Y Vioco hence I 8' Masonry Wall i 6' Masonry Wall or 6' i Iron Fence I i I I 1 I Owner: Harrington harshly 7000 Cherry Kt*Lane North lirthlaed etras,TX 76182 Applicant: Terra/Manna,L L,C. 395 39 State Rehr!IA,Sae 300 Soultiake,TX 76092 Cootact Paul Spam I Planner: SAGE GROUP,INC.I how,,,t 1....6,,, i) :1 1) ','.1C ti,arnij,qt :., DC 18 DEC 13 v\...../2I!/F.....aae.... DiagramK(1 NO T E S : 1. E X I S T I N G S T R U C T U R E S O N T H E S U B J E C T PR O P E R T Y T O B E R E M O V E D 2. R E F E R T O T H E P R E L I M I N A R Y D R A I N A G E P L A N FO R T O P O G R A P H I C I N F O R M A T I O N 3. I N T E R N A L S T R E E T S A R E T O B E P R I V A T E 4. A L L O P E N S P A C E L O T S S H A L L B E O W N E D A N D MA I N T A I N E D B Y T H E H . O . A . VICINITY MAPHWY. 121 GLADE RD.COLLEYVILLE BLVD.HALL JOHNSON RD.CHEEK SPARGER RD.HERITAGE AVE.BROWN TR.POOL RD.JACKSON RD.MARTIN PKWY.PRELIMINARY PLAT CREEKSIDE AT COLLEYVILLE 111.78 acres in the JESSE DOSS SURVEY, A-441,JOHN H. HAVENS SURVEY, A-685 AND THE S.C.H. WITTEN SURVEY, A-1734 CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS 13 May 2014 SHEET 1 OF 2Owners:Terra Manna, LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Cr e e k s i d e C o l l e y v i l l e I n v e s t m e n t s L L C 395 W SH 114, Suite 300 Southlake, Texas 76092 St a n d a r d P a c i f i c o f T e x a s , I n c . 90 9 L a k e C a r o l y n P a r k w a y , S u i t e 1 7 0 0 Irving, Texas 75039 Henley USA LLC 11 1 0 0 M a i n S t r e e t , S u i t e 1 0 0 Be l l e v u e , W a s h i n g t o n 9 8 0 0 4 Su r v e y o r : Ro n a l d D . S m i t h S u r v e y o r , I n c . P. O . B o x 1 6 7 9 Fo r n e y , T e x a s 7 5 1 2 6 97 2 - 5 6 4 - 9 8 4 0 Ap p l i c a n t : Te r r a / M a n n a , L L C 39 5 W S H 1 1 4 , S u i t e 3 0 0 So u t h l a k e , T e x a s 7 6 0 9 2 Co n t a c t : P a u l S p a i n HE R I T A G E A V E N U E R I G H T - O F - W A Y : EX . R . O . W . E S M T . = 4 . 6 4 A C PR O P . R . O . W . D E D I C A T I O N = 3 . 6 5 A C TO T A L R . O . W . P R O V I D E D = 8 . 2 9 A C Pr e l i m i n a r y P l a t NOTES:1. E X I S T I N G S T R U C T U R E S O N T H E S U B J E C T PROPERTY TO BE REMOVED 2. R E F E R T O T H E P R E L I M I N A R Y D R A I N A G E P L A N FOR TOPOGRAPHIC INFORMATION 3. I N T E R N A L S T R E E T S A R E T O B E P R I V A T E 4. A L L O P E N S P A C E L O T S S H A L L B E O W N E D A N D MAINTAINED BY THE H.O.A.VICINITY MAPHWY. 121 GLADE RD.COLLEYVILLE BLVD.HALL JOHNSON RD.CHEEK SPARGER RD.HERITAGE AVE.BROWN TR.POOL RD.JACKSON RD.MARTIN PKWY.PRELIMINARY PLAT CREEKSIDE AT COLLEYVILLE 111.78 acres in the JESSE DOSS SURVEY, A-441,JOHN H. HAVENS SURVEY, A-685 AND THE S.C.H. WITTEN SURVEY, A-1734 CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS 13 May 2014 SHEET 2 OF 2 TR A C T I BE I N G a 9 4 . 2 5 4 a c r e t r a c t o f l a n d s i t u a t e d i n t h e J e s s e D o s s S u r v e y , A b s t r a c t N o . 4 4 1 a n d t h e J o h n H . H a v e n s S u r v e y , A b s t r a c t N o. 6 8 5 a n d t h e S. C . H . W i t t e n S u r v e y , A b s t r a c t N o . 1 7 3 4 , C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s . S a i d 9 4 . 2 5 4 a c r e t r a c t o f l a n d b e i n g a p or t i o n o f t h o s e ce r t a i n t r a c t s o f l a n d a s c o n v e y e d t o B . H a r r i n g t o n i n C a u s e N o . 9 0 4 3 5 , M i n u t e s o f D i s t r i c t C o u r t , 1 7 t h J u d i c i a l D i s t r i c t , T a r r an t C o u n t y , T e x a s , a s re c o r d e d i n V o l u m e 6 8 4 6 , P a g e 1 2 1 1 , D e e d R e c o r d s , T a r r a n t C o u n t y , T e x a s . T o g e t h e r w i t h a r e m a i n d e r p o r t i o n o f t h a t c e r t a i n t r a ct o f l a n d a s co n v e y e d t o B . H a r r i n g t o n a s 2 n d t r a c t , a s r e c o r d e d i n V o l u m e 1 1 1 9 , P a g e 1 6 5 , s a i d D e e d R e c o r d s . T o g e t h e r w i t h t h a t c e r t a i n t r a ct o f l a n d a s co n v e y e d t o B r y a n t H a r r i n g t o n E s t a t e , a s r e c o r d e d i n V o l u m e 4 8 4 5 , P a g e 6 5 6 , s a i d D e e d R e c o r d s . T o g e t h e r w i t h a s t r i p o f l a n d l y in g s o u t h o f an d a d j a c e n t t o L o t 4 9 , B l o c k 6 , o f W o o d l a n d H i l l s , F i r s t F i l i n g , a n a d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t re c o r d e d i n V o l u m e 3 8 8 - 1 6 6 , P a g e 4 4 , P l a t R e c o r d s , T a r r a n t C o u n t y , T e x a s . s a v e a n d a c c e p t t h a t p o r t i o n o f s a i d B r y a n t H a r r i n g t on E s t a t e l y i n g wi t h i n t h e p l a t s o f P r e s t w i c k P a r k , s a i d p r o p e r t y b e i n g t h a t t r a c t a w a r d e d t o J o h n H . M a t t h e w s i n C a u s e N o . 1 4 1 - 5 4 2 9 2 - 7 9 , M i n u t es o f D i s t r i c t Co u r t , 1 4 1 s t J u d i c i a l D i s t r i c t , T a r r a n t C o u n t y , T e x a s , a s r e c o r d e d i n V o l u m e 4 8 , P a g e 7 7 2 , D i s t r i c t C o u r t R e c o r d s ; s a i d s u b j e c t p r o p e r t y b e i n g mo r e p a r t i c u l a r l y d e s c r i b e d b y m e t e s a n d b o u n d s a s f o l l o w s : BE G I N N I N G a t a 1 / 2 i n c h i r o n r o d f o u n d , b e i n g i n t h e N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a v a r i a b l e w i d t h p u b l i c r i g h t - o f - w a y . A ls o b e i n g t h e oc c u p i e d S o u t h w e s t c o r n e r o f t h e s a i d 5 4 . 6 5 a c r e t r a c t , f r o m w h i c h t h e S o u t h e a s t c o r n e r o f L o t 1 2 3 , B l o c k 6 , W o o d l a n d H i l l s , S i xt h F i l i n g , a n ad d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n V o l u m e 3 8 8 - 1 6 6 , P a g e 4 6 , s a i d P l at R e c o r d s , b e a r s , No r t h 0 0 d e g r e e s 0 1 m i n u t e s 2 3 s e c o n d s W e s t , 2 0 . 4 5 f e e t ; TH E N C E : N o r t h 0 0 d e g r e e s 4 6 m i n u t e s 5 7 s e c o n d s W e s t , a l o n g t h e w e s t l i n e o f s a i d 5 4 . 6 5 a c r e s t r a c t , t h e e a s t l i n e o f s a i d b l o c k 6 , W o o d l a n d Hi l l s , S i x t h F i l i n g , a n d c o n t i n u i n g a l o n g t h e e a s t l i n e o f B l o c k 6 , W o o d l a n d H i l l s , S e c o n d F i l i n g , a n a d d i t i o n t o t h e C i t y o f C ol l e y v i l l e , T a r r a n t Co u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n V o l u m e 3 8 8 - 1 6 5 , P a g e 4 5 , s a i d P l a t R e c o r d s , a n d c o n t i n u i n g a l o n g t h e e a s t l i n e o f B l o c k 6 , o f sa i d W o o d l a n d H i l l s , F i r s t F i l i n g , a t 2 6 5 8 . 4 7 f e e t p a s s i n g t h e N o r t h w e s t c o r n e r o f s a i d D o s s S u r v e y a n d c o n t i n u i n g a t o t a l d i s t an c e o f 2 6 9 7 . 2 2 fe e t t o a f e n c e c o r n e r @ a 2 5 ” O a k t r e e i n t h e s o u t h l i n e o f L o t 4 9 , B l o c k 6 o f s a i d W o o d l a n d H i l l s , F i r s t F i l i n g ; TH E N C E : S o u t h 8 9 d e g r e e s 3 3 m i n u t e s 4 0 s e c o n d s E a s t , w i t h t h e s o u t h l i n e o f s a i d L o t 4 9 , B l o c k 6 , W o o d l a n d H i l l s , F i r s t F i l i n g , 5 8 5 . 4 1 f e e t t o a 1/ 2 i n c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” , n e a r a 3 4 i n c h P e c a n t r e e , b e i n g t h e m o s t S o u t h e a s t e r l y c o r n e r o f s a i d L o t 4 9 , B l o c k 6 , W o o d l a n d Hi l l s , F i r s t F i l i n g a n d i n t h e n o r t h w e s t l i n e o f s a i d B . H a r r i n g t o n , 2 n d t r a c t ; TH E N C E : N o r t h 4 3 d e g r e e s 4 6 m i n u t e s 3 6 s e c o n d s E a s t , w i t h s a i d n o r t h w e s t l i n e o f s a i d B . H a r r i n g t o n , 2 n d t r a c t a n d t h e E a s t l i ne o f s a i d L o t 4 9 , Bl o c k 6 , W o o d l a n d H i l l s , a d i s t a n c e 4 4 5 . 9 8 f e e t t o t h e m o s t N o r t h e a s t e r l y e a s t e r l y c o r n e r o f s a i d L o t 4 9 , B l o c k 6 , a n d b e i n g i n t h e m o s t so u t h e r l y s o u t h e a s t l i n e o f L o t 4 , B l o c k 1 , P r e s t w i c k P a r k S o u t h , a n a d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e pl a t r e c o r d e d i n C a b i n e t A , S l i d e 2 7 9 , s a i d P l a t R e c o r d s ; TH E N C E : S o u t h 5 9 d e g r e e s 4 2 m i n u t e s 3 6 s e c o n d s E a s t , a l o n g s a i d s o u t h e a s t l i n e o f L o t 4 , B l o c k 1 , a n d w i t h s a i d n o r t h e a s t l i n e o f s a i d B . Ha r r i n g t o n , 2 n d t r a c t , a d i s t a n c e o f 8 8 . 7 2 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” ; TH E N C E : W i t h t h e E a s t l i n e o f s a i d B l o c k 1 , P r e s t w i c k P a r k S o u t h , a s f o l l o w s : No r t h 0 0 d e g r e e s 3 7 m i n u t e s 4 7 s e c o n d s W e s t , 6 4 . 7 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 5 9 m i n u t e s 3 9 s e c o n d s W e s t , 7 4 . 9 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 2 d e g r e e s 5 6 m i n u t e s 4 2 s e c o n d s W e s t , 8 3 . 3 5 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 5 1 m i n u t e s 2 4 s e c o n d s W e s t , 9 2 . 8 9 fe e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 3 3 m i n u t e s 1 1 s e c o n d s W e s t , 1 2 3 . 3 8 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 4 7 m i n u t e s 5 1 s e c o n d s W e s t , 1 2 4 . 5 8 fe e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 0 3 m i n u t e s 1 1 s e c o n d s E a s t , 6 2 . 7 2 fe e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 3 7 m i n u t e s 1 0 s e c o n d s W e s t , 5 5 . 8 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 2 0 m i n u t e s 0 3 s e c o n d s W e s t , 1 0 8 . 0 6 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 0 2 m i n u t e s 4 7 s e c o n d s E a s t , 6 2 . 2 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 4 7 m i n u t e s 3 3 s e c o n d s E a s t , 6 6 . 7 5 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 1 5 m i n u t e s 5 3 s e c o n d s W e s t , 7 3 . 1 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” , b e i n g t h e N o r t h e a s t c o rn e r o f L o t 1 , Bl o c k 1 o f s a i d P r e s t w i c k P a r k S o u t h a n d t h e S o u t h e a s t c o r n e r o f L o t 2 , B l o c k 3 , P r e s t w i c k P a r k , a n a d d i t i o n t o t h e C i t y o f C o l le y v i l l e , T a r r a n t Co u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n C a b i n e t A , S l i d e 1 6 5 , s a i d P l a t R e c o r d s ; TH E N C E : A l o n g t h e e a s t l i n e o f B l o c k 3 a n d B l o c k 2 , s a i d P r e s t w i c k P a r k , a s f o l l o w s : No r t h 0 0 d e g r e e s 2 7 m i n u t e s 3 3 s e c o n d s W e s t , 1 6 3 . 2 8 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 4 2 m i n u t e s 3 0 s e c o n d s W e s t , 2 3 8 . 3 6 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 5 2 m i n u t e s 2 4 s e c o n d s W e s t , 2 3 5 . 3 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 5 3 m i n u t e s 2 9 s e c o n d s W e s t , 8 9 . 2 6 f e e t t o a 1 / 2 i n c h i r o n r o d f o u n d , b e i n g t h e N o r t h l i n e o f a f o r e s a i d B r y a n t Ha r r i n g t o n E s t a t e t r a c t , a l s o b e i n g S o u t h l i n e o f t h a t c e r t a i n t r a c t o f l a n d c o n v e y e d t o S a m u e l M a s o n H a r r i n g t o n b y S p e c i a l W a r ra n t y De e d , a s r e c o r d e d i n V o l u m e 7 3 7 0 , P a g e 1 6 9 , D e e d R e c o r d s o f T a r r a n t C o u n t y , T e x a s , f r o m w h i c h t h e S o u t h w e s t c o r n e r o f s a i d t r a ct be a r s S o u t h 8 9 d e g r e e s 1 8 m i n u t e s 2 2 s e c o n d s W e s t , 2 . 4 2 f e e t ; TH E N C E : N o r t h 8 9 d e g r e e s 1 8 m i n u t e s 2 2 s e c o n d s E a s t , a l o n g t h e N o r t h l i n e o f s a i d B r y a n t H a r r i n g t o n E s t a t e t r a c t a n d t h e S o u t h l i n e o f sa i d S a m u e l M a s o n H a r r i n g t o n t r a c t , a d i s t a n c e o f 9 0 7 . 9 6 f e e t t o a P K N a i l s e t , TH E N C E : S o u t h 0 3 d e g r e e s 0 6 m i n u t e s 2 4 s e c o n d s W e s t , a d i s t a n c e o f 3 . 2 3 f e e t t o a P K N a i l s e t ; TH E N C E : N o r t h 8 9 d e g r e e s 2 2 m i n u t e s 0 3 s e c o n d s E a s t , a l o n g t h e N o r t h l i n e o f s a i d B r y a n t H a r r i n g t o n E s t a t e t r a c t , a d i s t a n c e o f 2 0 . 3 0 fe e t t o a 1 i n c h m e t a l d i s k f o u n d , b e i n g t h e S o u t h w e s t c o r n e r o f t h a t H e r i t a g e T o w n e C r o s s i n g , a n a d d i t i o n t o t h e C i t y o f C o l l ey v i l l e , Ta r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n C a b i n e t A , S l i d e 7 7 4 3 , s a i d P l a t R e c o r d s , a l s o b e i n g t h e N o r t h e a s t c o r n e r o f t h e oc c u p i e d H e r i t a g e A v e n u e E a s e m e n t , a 5 0 f o o t w i d e r i g h t - o f - w a y f o r C h e e k - S p a r g e r R o a d , n o w H e r i t a g e A v e n u e , a s r e c o r d e d i n V o l u me 2 , Pa g e 1 2 5 o f t h e C o m m i s s i o n e r s C o u r t C l e r k R e c o r d s , T a r r a n t C o u n t y , T e x a s ; TH E N C E : W i t h t h e E a s t r i g h t - o f - w a y l i n e o f s a i d H e r i t a g e A v e n u e , a s f o l l o w s : So u t h 0 4 d e g r e e s 2 4 m i n u t e s 5 6 s e c o n d s W e s t , a d i s t a n c e o f 7 3 5 . 5 6 f e e t t o a n “ X ” c u t f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e ra d i u s i s 1 1 1 9 . 5 5 f e e t a n d w h o s e l o n g c h o r d b e a r s S o u t h 1 7 d e g r e e s 0 6 m i n u t e s 0 2 s e c o n d s W e s t , 5 3 2 . 8 6 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e r i g h t a n d a l o n g t h e W e s t l i n e o f t h a t c e r t a i n t r a c t o f l a n d a s c o n v e y e d t o G l a d e 1 2 1 , L P I , a s r ec o r d e d i n Cl e r k s F i l e N o . D 2 0 5 2 4 1 9 1 7 , s a i d D e e d R e c o r d s , t h r o u g h a c e n t r a l a n g l e o f 2 7 d e g r e e s 3 2 m i n u t e s 0 5 s e c o n d s , a n a r c l e n g t h o f 5 3 8. 0 3 f e e t to a 1 i n c h D i s k , b e i n g t h e e n d o f s a i d c u r v e ; So u t h 3 0 d e g r e e s 1 7 m i n u t e s 1 3 s e c o n d s W e s t , a l o n g t h e E a s t l i n e o f s a i d H e r i t a g e A v e n u e E a s e m e n t a n d a l o n g s a i d G l a d e 1 2 1 t r a ct , a di s t a n c e o f 5 1 5 . 9 6 f e e t t o a 1 i n c h D i s k f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e l e f t w h o s e r a d i u s i s 2 8 2 4 . 7 3 f e e t a n d w h o se l o n g ch o r d b e a r s S o u t h 2 2 d e g r e e s 1 8 m i n u t e s 1 5 s e c o n d s W e s t , 7 8 8 . 3 6 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d s a i d G l a d e 1 2 1 , t h r o u g h a c e n t r a l a n g l e o f 16 d e g r e e s 0 2 m i n u t e s 3 5 s e c o n d s , a n a r c l e n g t h o f 7 9 0 . 9 4 f e e t t o a 1 / 2 i n c h i r o n r o d f o u n d , b e i n g t h e e n d o f s a i d c u r v e ; So u t h 1 4 d e g r e e s 1 9 m i n u t e s 4 3 s e c o n d s W e s t , a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d G l a d e 1 2 1 , a d i s t a n c e o f 3 03 . 3 7 fe e t t o a 1 i n c h D i s k f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e l e f t w h o s e r a d i u s i s 1 1 9 3 . 2 5 f e e t a n d w h o s e l o n g c h o r d b e a r s S o u t h 0 7 de g r e e s 0 9 m i n u t e s 0 1 s e c o n d s W e s t , 3 7 9 . 5 9 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d s a i d G l a d e 1 2 1 , t h r o u g h a c e n t r a l a n g l e o f 18 d e g r e e s 1 8 m i n u t e s 1 6 s e c o n d s , a n a r c l e n g t h o f 3 8 1 . 2 1 f e e t t o a 1 i n c h D i s k f o u n d , b e i n g t h e e n d o f s a i d c u r v e ; So u t h 0 1 d e g r e e s 4 9 m i n u t e s 5 0 s e c o n d s E a s t , a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d G l a d e 1 2 1 , a di s t a n c e o f 7 8 6 . 9 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d " R D S , I N C " b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e ra d i u s i s 8 4 3 . 4 9 f e e t a n d w h o s e l o n g c h o r d b e a r s S o u t h 3 3 d e g r e e s 1 3 m i n u t e s 5 4 s e c o n d s W e s t , 9 6 8 . 4 9 f e e t . TH E N C E : a l o n g s a i d c u r v e t o t h e r i g h t a n d a l o n g t h e s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t , t h r o u g h a c e n t r a l an g l e o f 7 0 d e g r e e s 0 4 m i n u t e s 2 2 s e c o n d s , a n a r c l e n g t h o f 1 0 3 1 . 5 9 f e e t t o a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g t h e e n d of s a i d c u r v e i n t h e N o r t h l i n e o f t h e a f o r e m e n t i o n e d C h e e k - S p a r g e r R o a d ; TH E N C E : S o u t h 8 8 d e g r e e s 0 9 m i n u t e s 5 0 s e c o n d s W e s t , a l o n g s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a d i s t a n c e o f 26 3 . 5 0 f e e t t o a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e r a d i u s i s 7 9 3 . 5 0 f e e t a n d wh o s e l o n g c h o r d b e a r s S o u t h 8 8 d e g r e e s 0 9 m i n u t e s 5 0 s e c o n d s W e s t , 4 7 . 1 2 f e e t . TH E N C E : a l o n g s a i d c u r v e t o t h e r i g h t a n d a l o n g s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d , t h r o u g h a c e n t r a l a n g l e o f 0 3 de g r e e s 2 4 m i n u t e s 0 9 s e c o n d s , a n a r c l e n g t h o f 4 7 . 1 2 f e e t t o a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g t h e e n d o f s a i d c u r v e ; TH E N C E : S o u t h 8 9 d e g r e e s 3 0 m i n u t e s 2 3 s e c o n d s W e s t , a l o n g t h e s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a d i s t a n c e of 1 2 7 . 1 3 f e e t t o t h e P o i n t o f B e g i n n i n g a n d c o n t a i n i n g 9 4 . 2 5 4 a c r e s o f w h i c h 5 . 9 0 7 a c r e s l i e s i n t h e H e r i t a g e A v e n u e ri g h t - o f - w a y e a s e m e n t , l e a v i n g 8 8 . 3 4 7 n e t a c r e s o f l a n d , m o r e o r l e s s . TR A C T I I I BE I N G a 2 . 7 6 7 a c r e t r a c t o f l a n d s i t u a t e d i n t h e J e s s e D o s s S u r v e y , A b s t r a c t N o . 4 4 1 a n d t h e J o h n H . Ha v e n s S u r v e y , A b s t r a c t N o . 6 8 5 a n d t h e S . C . H . W i t t e n S u r v e y , A b s t r a c t N o . 1 7 3 4 , C i t y o f Co l l e y v i l l e , T a r r a n t C o u n t y , T e x a s . S a i d 2 . 7 6 7 a c r e t r a c t o f l a n d b e i n g a p o r t i o n o f t h o s e c e r t a i n tr a c t s o f l a n d a s c o n v e y e d t o B . H a r r i n g t o n i n C a u s e N o . 9 0 4 3 5 , M i n u t e s o f D i s t r i c t C o u r t , 1 7 t h Ju d i c i a l D i s t r i c t , T a r r a n t C o u n t y , T e x a s , a s r e c o r d e d i n V o l u m e 6 8 4 6 , P a g e 1 2 1 1 , D e e d R e c o r d s , Ta r r a n t C o u n t y , T e x a s . T o g e t h e r w i t h a r e m a i n d e r p o r t i o n o f t h a t c e r t a i n t r a c t o f l a n d a s c o n v e y e d to B . H a r r i n g t o n a s 2 n d t r a c t , a s r e c o r d e d i n V o l u m e 1 1 1 9 , P a g e 1 6 5 , s a i d D e e d R e c o r d s . T o g e t h e r wi t h t h a t c e r t a i n t r a c t o f l a n d a s c o n v e y e d t o B r y a n t H a r r i n g t o n E s t a t e , a s r e c o r d e d i n V o l u m e 48 4 5 , P a g e 6 5 6 , s a i d D e e d R e c o r d s . T o g e t h e r w i t h a s t r i p o f l a n d l y i n g s o u t h o f a n d a d j a c e n t t o L o t 49 , B l o c k 6 , o f W o o d l a n d H i l l s , F i r s t F i l i n g , a n a d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , Te x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n V o l u m e 3 8 8 - 1 6 6 , P a g e 4 4 , P l a t R e c o r d s , T a r r a n t C o u n t y , Te x a s . s a v e a n d a c c e p t t h a t p o r t i o n o f s a i d B r y a n t H a r r i n g t o n E s t a t e l y i n g w i t h i n t h e p l a t s o f Pr e s t w i c k P a r k , s a i d p r o p e r t y b e i n g t h a t t r a c t a w a r d e d t o J o h n H . M a t t h e w s i n C a u s e N o . 14 1 - 5 4 2 9 2 - 7 9 , M i n u t e s o f D i s t r i c t C o u r t , 1 4 1 s t J u d i c i a l D i s t r i c t , T a r r a n t C o u n t y , T e x a s , a s r e c o r d e d in V o l u m e 4 8 , P a g e 7 7 2 , D i s t r i c t C o u r t R e c o r d s ; S a i d 2 . 7 6 7 a c r e t r a c t b e i n g m o r e p a r t i c u l a r l y de s c r i b e d b y m e t e s a n d b o u n d s a s f o l l o w s : BE G I N N I N G a t a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g i n t h e N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a v a r i a b l e wi d t h p u b l i c r i g h t - o f - w a y . A l s o b e i n g t h e m o s t S o u t h e a s t c o r n e r o f t h a t c e r t a i n H e r i t a g e A v e n u e Ea s e m e n t , a 5 0 f o o t w i d e r i g h t - o f - w a y f o r C h e e k - S p a r g e r R o a d , n o w H e r i t a g e A v e n u e , a s r e c o r d e d in V o l u m e 2 , P a g e 1 2 5 o f t h e C o m m i s s i o n e r s C o u r t C l e r k R e c o r d s , T a r r a n t C o u n t y , T e x a s . B e i n g t h e be g i n n i n g o f a n o n t a n g e n t c u r v e t o t h e l e f t w h o s e r a d i u s i s 8 4 3 . 4 9 f e e t a n d w h o s e l o n g c h o r d be a r s N o r t h 3 3 d e g r e e s 1 3 m i n u t e s 5 4 s e c o n d s E a s t , 9 6 8 . 4 9 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g t h e E a s t r i g h t - o f - w a y l i n e o f s a i d H e r i t a g e A v e n u e , th r o u g h a c e n t r a l a n g l e o f 7 0 d e g r e e s 0 4 m i n u t e s 2 2 s e c o n d s , a n a r c l e n g t h o f 1 0 3 1 . 5 9 t o a 1 / 2 in c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” , b e i n g i n t h e E a s t l i n e o f t h e s a i d H e r i t a g e A v e n u e E a s e m e n t , a r o a d w a y b e i n g u s e d b y t h e p u b l i c . , b e i n g t h e e n d o f s a i d c u r v e . S a i d i r o n r o d b e i n g i n t h e E a s t l i n e of t h e s a i d B r y a n t H a r r i n g t o n T r a c t , a l s o b e i n g i n t h e W e s t l i n e o f t h a t c e r t a i n t r a c t o f l a n d a s co n v e y e d t o D a v i d M . G l e n n , a s r e c o r d e d i n V o l u m e 1 4 6 4 9 , P a g e 2 9 8 , s a i d D e e d R e c o r d s ; TH E N C E : S o u t h 0 1 d e g r e e s 4 9 m i n u t e s 5 0 s e c o n d s E a s t , a l o n g s a i d E a s t l i n e o f B r y n a t H a r r i n g t o n Tr a c t , a d i s t a n c e o f 8 0 9 . 4 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” , b e i n g i n t h e oc c u p i e d N o r t h l i n e o f t h e s a i d C h e e k - S p a r g e r R o a d , a l s o b e i n g t h e b e i n g t h e b e g i n n i n g o f a n o n ta n g e n t c u r v e t o t h e l e f t w h o s e r a d i u s i s 1 0 5 8 . 6 3 f e e t a n d w h o s e l o n g c h o r d b e a r s N o r t h 8 6 de g r e e s 4 0 m i n u t e s 0 2 s e c o n d s W e s t , 1 9 6 . 4 4 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g t h e s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d t h r o u g h a c e n t r a l a n g l e o f 1 0 d e g r e e s 3 8 m i n u t e s 5 0 s e c o n d s , a n a r c l e n g t h o f 1 9 6 . 7 2 f e e t t o a 1 / 2 i n c h ir o n r o d s e t , c a p p e d “ R D S , I N C ” , b e i n g t h e e n d o f s a i d c u r v e i n t h e N o r t h l i n e o f s a i d C h e e k - S p a r g e r Ro a d ; TH E N C E : S o u t h 8 7 d e g r e e s 5 6 m i n u t e s 4 7 s e c o n d s W e s t , a l o n g t h e s a i d N o r t h l i n e o f Ch e e k - S p a r g e r R o a d , a d i s t a n c e o f 3 6 0 . 7 2 f e e t t o t h e P o i n t o f B e g i n n i n g a n d c o n t a i n i n g 2 . 7 6 7 a c r e s of l a n d , m o r e o r l e s s . Owners:Terra Manna, LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Creekside Colleyville Investments LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Standard Pacific of Texas, Inc.909 Lake Carolyn Parkway, Suite 1700 Irving, Texas 75039 Henley USA LLC 11100 Main Street, Suite 100 Bellevue, Washington 98004 Surveyor:Ronald D. Smith Surveyor, Inc.P.O. Box 1679 Forney, Texas 75126 972-564-9840Applicant:Terra/Manna, LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Contact: Paul Spain HERITAGE AVENUE RIGHT-OF-WAY:EX. R.O.W. ESMT. = 4.64 AC PROP. R.O.W. DEDICATION = 3.65 AC TOTAL R.O.W. PROVIDED = 8.29 AC TR A C T I I A t r a c t o f l a n d o u t o f t h e J o h n H . H a v e n s S u r v e y , A b s t r a c t N o . 6 8 5 a n d t h e E l i z a b e t h C o x S u r v e y , A b s t r a c t N o . 3 5 2 , C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , Te x a s , b e i n g a l l o f t h a t t r a c t c o n v e y e d t o S a m u e l M a s o n H a r r i n g t o n b y S p e c i a l W a r r a n t y D e e d r e c o r d e d i n V o l u m e 7 3 7 0 , P a g e 1 6 9 , De e d R e c o r d s , Ta r r a n t C o u n t y , T e x a s , b e i n g a l l o f t h a t t r a c t c o n v e y e d t o R a n d y G . P e t t y a n d w i f e , C a r o l S . P e t t y b y W a r r a n t y D e e d r e c o r d e d i n V o l u m e 1 1 0 4 9 , P a g e 57 5 , D e e d R e c o r d s , T a r r a n t C o u n t y , T e x a s , b e i n g a l l o f t h o s e c e r t a i n t r a c t s o f l a n d d e s c r i b e d i n d e e d t o M a r i t h a B u r t o n r e c o r d e d i n V o l u m e 1 5 3 3 6 , P a g e 13 0 a n d V o l u m e 1 5 3 3 6 , P a g e 1 3 1 o f t h e D e e d R e c o r d s o f T a r r a n t C o u n t y , T e x a s ; Sa v e a n d E x c e p t t h a t p o r t i o n c o n v e y e d t o t h e C i t y o f C o l l e y v i l l e a s d e s c r i b e d i n R i g h t - o f - W a y d e e d f i l e d M a r c h 2 4 , 2 0 0 6 , r e c o r d ed u n d e r C l e r k s F i l e N o , D2 0 6 0 8 5 7 2 9 , R e a l P r o p e r t y R e c o r d s , T a r r a n t C o u n t y T e x a s ; Sa v e a n d E x c e p t t h a t p o r t i o n t h e r e o f c o n v e y e d t o t h e C i t y o f C o l l e y v i l l e b y t h o s e R i g h t - o f - W a y D e e d s r e c o r d e d i n V o l u m e 1 2 4 2 8 , Pa g e 1 2 7 5 , a n d a t Cl e r k ' s F i l e N o . D 2 0 6 0 7 2 0 6 3 , R e a l P r o p e r t y R e c o r d s , T a r r a n t C o u n t y T e x a s , s a i d r e m a i n i n g t r a c t b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d b y m e t e s a n d b o u n d s as f o l l o w s : BE G I N N I N G a t a f o u n d 1 / 2 " s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f s a i d H a r r i n g t o n t r a c t , s a i d p o i n t a l s o b e i n g i n t h e w e s t r i g h t - o f- w a y l i n e o f H e r i t a g e Av e n u e , a p u b l i c s t r e e t w i t h a v a r i a b l e w i d t h ( g e n e r a l l y 5 0 f e e t w i d e a s s e t o u t i n t h a t r i g h t - o f - w a y e a s e m e n t i n t h e C o m m i s s i o n e r ' s C o u r t C l e r k R e c o r d s of T a r r a n t C o u n t y , T e x a s , b e i n g r e c o r d e d i n V o l u m e 2 , P a g e 1 2 5 t h e r e o f ) , a n d i n t h e n o r t h l i n e o f t h a t t r a c t c o n v e y e d t o t h e B r ya n t H a r r i n g t o n E s t a t e , by d e e d r e c o d e d i n V o l u m e 4 8 4 5 , P a g e 6 5 6 , o f s a i d D e e d R e c o r d s ; TH E N C E N o r t h 8 9 ° 5 5 ' 5 8 ” W e s t a l o n g t h e c o m m o n l i n e o f s a i d H a r r i n g t o n a n d H a r r i n g t o n E s t a t e t r a c t s , 8 5 7 . 9 2 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t t h e e l l co r n e r i n t h e e a s t l i n e o f L o t 1 4 , B l o c k 2 , P r e s t w i c k P a r k , a n A d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o rd i n g t o t h e p l a t r e c o r d e d i n Ca b i n e t A , S l i d e 1 6 5 , P l a t R e c o r d s , T a r r a n t C o u n t y , T e x a s ; TH E N C E S o u t h 8 9 ° 5 4 ' 4 6 ” W e s t a l o n g e a s t l i n e o f s a i d B l o c k 1 , P r e s t w i c k P a r k , 2 . 4 2 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t a n o t h e r e l l c o r n e r ; TH E N C E N o r t h 0 0 ° 0 1 ' 1 4 ” W e s t a l o n g t h e e a s t l i n e o f s a i d B l o c k 2 , P r e s t w i c k P a r k , 5 8 3 . 2 5 f e e t t o a f o u n d 5 / 8 ” s t e e l r o d a t t h e s o u t h w e s t c o r n e r o f L o t 1 , bl o c k 1 , S t . M a r y ' s A d d i t i o n , a n A d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n C a b i n e t A , S l i d e 3 5 8 6 , o f s a i d Pl a t R e c o r d s ; TH E N C E N o r t h 8 8 ° 5 5 ' 2 7 ” E a s t a l o n g t h e s o u t h l i n e o f s a i d B l o c k 1 , S t . M a r y ' s A d d i t i o n , 3 4 7 . 7 1 f e e t t o a f o u n d 5 / 8 ” s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f Lo t 2 o f s a i d B l o c k 1 ; TH E N C E N o r t h 0 0 ° 3 2 ' 4 5 ” W e s t a l o n g t h e e a s t l i n e o f L o t 2 o f s a i d B l o c k 1 , 1 8 6 . 7 0 f e e t t o a f o u n d 1 / 2 ” s t e e l r o d i n t h e s o u t h r i gh t - o f - w a y o f G l a d e R o a d , a p u b l i c s t r e e t w i t h a v a r i a b l e w i d t h , a n d a t t h e s o u t h w e s t c o r n e r o f t h a t t r a c t d e s c r i b e d i n t h e R i g h t - o f - W a y D e e d r e c o r d e d a t C l e r k ' s F i l e N o . D2 0 6 0 7 2 0 6 3 , o f s a i d D e e d R e c o r d s ; TH E N C E S o u t h 8 8 ° 0 9 ' 2 5 ” E a s t a l o n g t h e s o u t h r i g h t - o f - w a y l i n e o f s a i d G l a d e R o a d , 9 5 . 7 9 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f s a i d Ri g h t - o f - W a y t r a c t , a n d i n t h e w e s t l i n e o f t h a t t r a c t c o n v e y e d t o M a r i t h a B u r t o n b y S p e c i a l W a r r a n t y D e e d r e c o r d e d i n V o l u m e 1 53 3 6 , P a g e 1 3 0 , o f sa i d D e e d R e c o r d s ; TH E N C E a l o n g s o u t h r i g h t - o f - w a y l i n e o f G l a d e R o a d t h e f o l l o w i n g f o u r c a l l s : So u t h 8 8 ° 0 9 ' 4 6 ” E a s t , 2 6 8 . 4 0 f e e t t o a f o u n d ½ ” s t e e l r o d a t t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e r a d i u s b e a r s S o u t h 0 1 ° 50 ' 3 5 ” W e s t , 90 7 . 9 3 f e e t ; Al o n g s a i d c u r v e t o t h e r i g h t t h r o u g h a c e n t r a l a n g l e o f 1 1 ° 4 7 ' 3 8 ” , a n a r c l e n g t h o f 1 8 6 . 8 9 f e e t ( l o n g c h o r d b e a r s S o u t h 8 2 ° 1 5 ' 3 6” E a s t , 1 8 6 . 5 6 fe e t ) t o a f o u n d ½ ” s t e e l r o d a t t h e e n d o f t h i s c u r v e ; So u t h 7 6 ° 2 1 ' 4 7 ” E a s t , 9 7 . 7 0 f e e t t o a f o u n d ½ ” s t e e l r o d ; So u t h 2 7 ° 5 9 ' 5 4 ” E a s t , 7 . 7 5 f e e t t o a f o u n d ½ ” s t e e l r o d a t t h e i n t e r s e c t i o n o f t h e s o u t h r i g h t - o f - w a y o f s a i d G l a d e R o a d w i t h t he w e s t r i g h t - o f - w a y li n e o f s a i d H e r i t a g e A v e n u e . TH E N C E S o u t h 1 1 ° 0 3 ' 3 4 ” W e s t a l o n g t h e w e s t r i g h t - o f - w a y o f l i n e o f s a i d H e r i t a g e A v e n u e , 7 7 . 5 5 f e e t t o a f o u n d ½ ” s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f sa i d B u r t o n T r a c t ; TH E N C E S o u t h 1 3 ° 3 3 ' 5 6 ” W e s t a l o n g s a i d w e s t r i g h t - o f - w a y l i n e , 2 1 1 . 5 7 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t t h e n o r t h e a s t c o r n e r o f s a i d P e t t y t r a c t ; TH E N C E S o u t h 1 0 ° 1 4 ' 2 8 ” W e s t , c o n t i n u i n g a l o n g s a i d w e s t r i g h t - o f - w a y l i n e a n d a l o n g t h e e a s t l i n e o f s a i d P e t t y t r a c t , 1 5 0 . 8 6 f ee t t o a f o u n d 1 / 2 " s t e e l ro d ; TH E N C E S o u t h 1 1 ° 0 7 ' 3 2 ” W e s t , c o n t i n u i n g a l o n g s a i d w e s t r i g h t - o f - w a y l i n e a n d a l o n g t h e e a s t l i n e o f s a i d P e t t y t r a c t , 9 1 . 4 3 f e e t t o a f o u n d 1 / 2 ” s t e e l ro d i n s a i d w e s t r i g h t - o f - w a y a t t h e s o u t h e a s t c o r n e r o f s a i d P e t t y t r a c t ; TH E N C E S o u t h 0 7 ° 0 6 ' 4 3 ” W e s t ( B a s i s o f B e a r i n g s ) a l o n g s a i d w e s t r i g h t - o f - w a y l i n e , 1 9 2 . 3 0 f e e t t o t h e P o i n t o f B e g i n n i n g , a n d c on t a i n i n g 1 4 . 7 5 5 a c r e s (6 4 2 , 7 3 1 s q u a r e f e e t ) o f l a n d , m o r e o r l e s s . Pr e l i m i n a r y P l a t 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 4a Agenda Date 04/13/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a replat on Lots 34A & 35A,Block 1, of the Westcoat Place Addition, located at 6012 and 6106 L. D. LockettRoad, Case PC15-007 Explanation Ryan Panno, the property owner, proposes to replat 6012 and 6016 L.D. Lockett Road, Lots 34A & 35A, Block 1 of the Westcoat Place Addition, respectively. The applicant is requesting the replat to make the lots more marketable. Existing Conditions. The property is currently platted as the Westcoat Place Addition, Block 1, Lots 34A and 35A. Lot 35A is currently developed with a single family residence. The aerial shows an existing residence on Lot 34A which has recently been removed. Lot 34A is currently vacant but there is a single family residential building permit under review. Zoning. The subject property is currently zoned R-40-Single Family Residential. Lot Dimensions and Setbacks. The R-40–Single Family Residential zoning regulations require a minimum lot size of 40,000 square feet with a minimum lot width of 150 feet and lot depth of 150 feet. The existing Lots 34A and 35A do not meet the requirements of the R-40-Single Family Residential zoning regulations and are recognized as lots of record; therefore, they are currently exempt from the lot dimension requirements of the R-40 zoning district. The proposed reconfiguration of Lot 34A is 75 feet wide, 300 feet deep with an area of approximately 30,324 square feet. Proposed Lot 35A is 148.80 feet wide, 191.77 feet deep with an area of approximately 27,434 square feet. The lots are subject to the following development standards: Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet On June 10, 2014 the Zoning Board of Adjustment approved a variance to the side yard setback requirements on Lot 34A. The eastern side yard setback was reduced to 8 feet and the western side yard setback was reduced to 12 feet. The approved side yard Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 2 setbacks are shown on the replat for Lot 34A. Waiver Request. The applicant has submitted a letter requesting waivers to the minimum lot width for Lot 34A, and the minimum size for Lot 34A and Lot 35A, which is attached to this briefing. With these lots being recognized as lots of record, they do not currently meet the requirements of the R-40-Single Family Residential zoning district. While the request does not worsen the lot layouts, the replat still does not meet the requirements of the R-40-Single Family Residential zoning district. The applicant has indicated the house will be built on the narrow portion of the lot, closer to L.D. Lockett Road. There is an existing pond at the northeast corner of the proposed Lot 34A so constructing a house on the rear portion of the lot is not feasible. Surrounding Development Trends. The properties to the north, east, and west are zoned R-40-Single Family Residential and are developed with single family residences. Some of these properties are lots of record and do not meet the requirements of the R- 40-Single Family Residential zoning district. Land to the south, across L.D. Lockett Road, is zoned R-20-Single Family residential and is currently undeveloped. Tree Preservation. All trees must be protected per the requirements of Chapter 5 – Tree Preservation in the Land Development Code. Before construction begins on the site, protective fencing must be installed around all preserved trees located on the property. Sidewalks. A minimum five foot wide sidewalk is required along L.D. Lockett Road whenever any new structures are built. Escrow may be paid in lieu of construction as determined by the Public Works Department. Development Fees. No development fees will be due on Lot 35A since a newer single family residence already exists and is to remain. At the time Lot 34A develops, water and wastewater impact fees could be due if the size of the existing meter is enlarged. Any additional water and wastewater impact fees will be assessed per Chapter 13 – Impact Fees. Park land dedication and roadway impact fees will not be due on the lot since there was previously a residence on the lot. Public Notification. Staff mailed notices to all property owners within 200 feet of the subject property within the original subdivision and all Homeowner Associations within 500 feet. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence to date. Summary. The existing lots are recognized as lots of record and do not currently meet the lot dimension requirements of the R-40-Single Family zoning district. The proposed replat does not worsen the non-compliance, however, the replat still does not meet the requirements of the R-40-Single Family Residential zoning district. Since the proposed replat is still not in compliance with the R-40-Single Family zoning district, staff is recommending denial due to technical non-compliance. Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 3 Recommendation Denial Attachments 1.Location and Zoning Map 2.Aerial 3.Waiver Request 4.Plat Exhibit BR A N S F O R D R D L D L O C K E T T R D L D L O C K E T T R D R-40 R-20 AG AG AG R-40 AG AG R-20 AG R-40 AG 401 6100 6201 6108 400 6001 5812 5904 500 5916 405 6008 6004 6000 6104 6016 6105 5816 6101 6009 400 6201 112 6012 6001 6100 5901 6003 5901 6109 5905 411 5909 6001 500 403 6113 5908 108 6301 / Subject Property Location and Zoning Map L D L O C K E T T R D / Subject Properties Aerial Planning and Zoning Commission of Colleyville 100 Main Street Colleyville, TX 76034 March 25, 2015 Dear Planning and Zoning Commission, This proposal letter is to request and substantiate the grant of variances for the residences at 6016 and 6012 LD Lockett Road in Colleyville, TX (Lots 34A and 35A, Block 1 of the Westcoat Place Addition). The variances requested are relatively minor, and do not further violate compliance with Chapter 3, Section 3.7 (Non-conforming Uses, Lots, and Buildings) of the Colleyville Land Development Code than the existing conditions of these two lots. I am requesting a variance to the minimum lot width and size for Lot 34A and 35A, Block 1 of the Westcoat Place Addition. Both Lot 34A and 35A, Block 1 of Westcoat Place addition are zoned R40 according to the currently published City of Colleyville zoning map. Neither lot as it currently exists meets the minimum lot width (150 ft.) for R40 zoning, nor does it meet the minimum lot size (40,000 sq. ft.). Lot 34A is unable to meet any single family zoning minimum width requirement as the minimum lot width is 100 feet and the lot is 75 feet wide. The requested variance does not expand upon or add to any existing nonconformance as outlined in the Land Development Code Chapter 3, Section 3.7. The proposed variances are also beneficial to the City of Colleyville for several reasons. The Master Thoroughfare Plan calls for a 75’ Right-of-Way (ROW) along the frontage of both Lots 34A and 35A with LD Lockett Road, while the city currently has a 60’ ROW. As part of this variance request, we propose to dedicate the additional 7.5’ of ROW along the North side of LD Lockett Road to meet the Master Thoroughfare Plan. Additionally, we propose to grant the City of Colleyville a 10’ drainage and utility easement along the rear lot line of Lot 34A. The requested variances purposes are to balance the 57,758 sq. ft. more equitably and aesthetically between these two lots. Furthermore, this proposal benefits the City of Colleyville in providing for additional ROW and easements that do not currently exist. Respectfully submitted, Ryan Panno 6016 LD Lockett Road Colleyville, TX 76034 817-296-9636 ryan.panno@gmail.com Waiver Request Pl a t Ex h i b i t 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 4b Agenda Date 04/13/2015 Number Type Public Hearing Agenda Items Department Community Development Title Considerationof a Special Use Permit for an accessory building on Lot 3R1, Block 1, of the PleasantOaks Estates Addition, located at 601 Shelton Drive, Case ZC15-002 Explanation Jeff Vanderpool, the property owner, has submitted a request for a Special Use Permit (SUP) to construct a 1,728 square foot detached accessory building on 2.56 acres located at 601 Shelton Drive. Existing Conditions . The property is zoned R40 – Single Family Residential zoning district and is currently developed with a 4,488 square foot single family residence. A detached garage measuring 662 square feet and a 100 square foot loafing shed are also located on the property. Statement of Planning Objectives. The applicant previously submitted Special Use Permit requests for an accessory building in 2001 and 2006. In 2001 the case was denied by the Planning and Zoning Commission by a vote of 3-3, with the dissenting members citing concerns about the proposed 3,000 square foot size of the building and the potential for conducting commercial business. In 2006, the request was denied by a vote of 3-1 with the opposing Commissioner noting concerns about the barn’s proposed driveway. The applicant did not appeal to City Council on either occasion. Since this time, Mr. Vanderpool has reduced the size of the accessory building by approximately fifty percent (50%) and has enhanced the proposed design. Development Standards. The applicant plans to construct a metal barn with a gabled metal roof and several courses of masonry at the base. Colors for the accessory building have not yet been selected. The proposed building is located in the southwestern portion of the lot, 15 feet from the side property line and 25 feet from the rear property line. The proposed height is twenty (20) feet to the highest roof ridge. The applicant intends to use the accessory building as a horse barn and storage facility. Accessory buildings are regulated in the Land Development Code by Section 3.27 - Accessory Buildings and Residential Carport Regulations. Section 3.27 requires a Special Use Permit for any accessory building that does not meet the conditions of this section. The conditions allow up to a 1,750 square foot accessory building for a lot that is between 1.0 and 2.99 acres. Although the proposed barn’s size of 1,728 square feet is within this limit, the site already has a detached garage measuring 662 square feet, Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 2 leaving only 1,088 square feet available. The existing 100 square foot loafing shed would be torn down once the barn is constructed, and would be a condition of Special Use Permit approval. A driveway approach currently exists near the central portion of the lot, and exceeds the Land Development Code's minimum spacing requirement of thirty two feet (32') for minor collectors. However, the applicant is not proposing to construct a driveway to the accessory building at this time. The proposed accessory structure complies with the R40 – Single Family Residential zoning district’s required fifteen (15) foot and twenty five (25) foot side and rear yard setbacks. The R40 – Single Family Residential zoning district allows for up to twenty percent (20%) lot coverage, which would not be exceeded by the proposed request. The accessory building will not penetrate the vertical height envelope required by Section 3.27 of the Land Development Code. Non-Compliant Factors. The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots between 1.0 and 2.99 acres, the maximum size for all accessory buildings on the site is 1,750 square feet. The proposed size of the new accessory building is 1,728 square feet. Including the existing 662 square foot garage, a total accessory building area of 2,390 is being requested, which exceeds the allowed maximum by 640 square feet. The proposed accessory building complies with the other requirements of Section 3.27. The site plan, floor plan and elevations are incorporated as exhibits to the ordinance. Surrounding Development Trends. All property surrounding the subject site is zoned R40-Single Family Residential zoning district. The area is primarily developed with single family detached residences, and many of the properties include accessory buildings. Public Notification. Staff mailed notices to 14 adjacent property owners as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notification was also sent to the Grapevine Colleyville ISD per state law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received to date. Summary. The applicant proposes to construct a detached accessory building that exceeds the maximum size allowed by the Land Development Code, therefore requiring approval of a Special Use Permit. Given that the proposed structure meets all other requirements of the Land Development Code and is consistent with the character of the neighborhood, staff recommends approval. Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 3 Recommendation Approval with the following conditions: a. The Special Use Permit shall apply to the construction of an accessory building. b. The proposed accessory building shall not exceed 1,728 square feet in size including all covered patio areas. c. The total accessory building square footage on the lot shall not exceed 2,390 square feet. d.The existing 100 square foot loafing shed shall be removed upon completion of the proposed 1,728 square foot accessory building. e. The accessory building design and exterior materials shall be generally consistent with Exhibit “C”. f. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Statement of Planning Objectives 7.Zoning Exhibit 8.Elevations 9.Vertical Height Envelope 10.Ordinance O-15-XXXX SHELTON DR HU N T E R L N B R A N S F O R D R D BEVERLY DR BEVERLY DR SHELTON D R D U A N E S T R-40 AG R-40 AG R-40 R-10 AG R-30 R-20 R-30 R-20 R-20 AG AG R-20 R-40 600 601 508 6001 5901 701 704 607515 508 511 705 512 608 612 708 609 801 800 500 512 516 704 504500 800608 5918 6101 6095 700 610061145917 6001 612 6005 501 709705 7175808701609601605513509 6000 801 704 6115 6101 / Subject Property Location and Zoning Map T H E R E S A L N SHELTON DR SHELTON D R 601 600 508 701607515511609 704508608612512 512 516 704 705 608 6001 5901 6095 700 708 612 5918 6001 500 61016114 504 7046101 / Subject Property Aerial T H E R E S A L N SHELTON DR HU N T E R L N THERESA L N SHELTON D R / Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water Parcels Future Land Use Map T H E R E S A L N Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Yaffa, Larry 608 Shelton Dr Colleyville Texas 76034 000608 Shelton Dr Hill, William Etux Elizabeth 512 Shelton Dr Colleyville Texas 76034 000512 Shelton Dr Alianne Partners Lp 601 Shelton Dr Colleyville Texas 76034 000000 Theresa Ln Graves, Randal Etux Iris 516 Shelton Dr Colleyville Texas 76034 000516 Shelton Dr Woods, Gary M & Marcia A Woods 6095 Theresa Ln Colleyville Texas 76034 006095 Theresa Ln Edward, Tim A 608 Beverly Dr Colleyville Texas 76034 000608 Beverly Dr Cleff, David M Etux Lisa S 612 Beverly Dr Colleyville Texas 76034 000612 Beverly Dr Stephens, Billy G Etux Dinah 612 Shelton Dr Colleyville Texas 76034 000612 Shelton Dr Lothrop, William D & Beverly L 609 Shelton Dr Colleyville Texas 76034 000609 Shelton Dr Childress, John Etux Christina 512 Beverly Dr Colleyville Texas 76034 000512 Beverly Dr Gleason, James T 600 Beverly Dr Colleyville Texas 76034 000600 Beverly Dr Quinn, Garry L Etux Helen J 511 Shelton Dr Colleyville Texas 76034 000511 Shelton Dr Childress, John 512 Beverly Dr Colleyville Texas 76034 000515 Shelton Dr Rimmer, Harry L III Etux Pegee 508 Beverly Dr Colleyville Texas 76034 000508 Beverly Dr Cama, Karl J & Janice 7212 Majestic Mnr Colleyville Texas 76034 000607 Shelton Dr GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE Grapevine Texas 76051 State Law Required Alianne Estates HOA 6201 Theresa Lane Colleyville Texas 76034 Courtesy Notice Vanderpool, Jeffrey Etux There 601 Shelton Dr Colleyville Texas 76034 Applicant Public hearing notices were mailed Wed., April 1, 2015 by Taci Wrisley Notification List GR A N D O A K C T SHELTON DR HU N T E R L N BR A N S F O R D R D T H E R E S A L N BEVERLY DR L D L O C K E T T R D BEVERLY DR SHELTON DR D U A N E S T 508 600 601 800 501 6001 5901 6103 801 805701 704 607515 508 504 511 705 512 6100 608 612 6208 708 609 500 800 705 709609 801717 500 512 701 516 513 601 605 704 509 6114 608 6128 5918 6114 805 6129 6101 6095 6115 700 804 6301 6005 6104 5808 6101 6200 61066214 6201 400 5816 5917 6000 6001 6100 612400 6201 5904 6000 5712 6204 5812 808 6204 809 5916 5912 61136206 7046101 / Subject Property Case ZC15-002601 Shelton Drive Legend Properties within 200 feet Subject Property Parcels Buffer Map 5 March 2015 Colleyville Development Review Committee 100 Main Street Colleyville 76034 Re: 601 Shelton Drive Accessory Building Application In regard to the Development Review Committee’s letter of 9 February 2015, we submit the following comments to the Committee’s questions/requests for information: 1. Statement of Planning Objectives – The proposed accessory building is a combination horse barn and storage facility for the owner’s boat and other personal property. The size reflects the projected needs of the property owner, and aligns with the general constraints of the lot size (1750 square feet) if the current detached garage were to be connected to the main residence. The owner would prefer a larger facility to provide for an additional hobby woodworking shop, but has elected to minimize the design to conform to city statutes. 2. The revised location of the accessory building is at the site of the existing loafing shed, which will be removed upon construction of the new building. As mentioned in the Committee’s finding, similar requests were submitted in 2001 and 2006. The first was denied primarily due to overwhelming neighbor opposition, for which the owner was mystified and frankly unprepared. The 2006 submission was brought before the P&Z Commission on a day when the minimum number of board members were present to constitute a quorum, and the submittal was denied due to a single “no” vote. The submittal is brought a third time, and in this instance the structure will be built whether approved or not. The lot has sufficient size to subdivide and maintain the R‐40 zoning requirement. The process of submitting to Planning and Zoning is the easiest and most cost‐effective way to move forward, and affords the council an opportunity for input and questions. The owner has submitted a more aesthetically pleasing (and costly) facility than is needed for a simple barn/storage facility. Subdividing the lot will take more time and be more costly, but no design constraints or input from council or neighbors will be required (other than fairly liberal city design mandates), and the extra funds expended to go through the subdivision process will take away from the aesthetic costs of the building. This has no impact on the owner either way as the owner is indifferent to the aesthetics of the barn. Sincerely, Jeff Vanderpool 601 Shelton Drive Colleyville, Texas 76034 817.498.4719 jv.comm1@gmail.com Statement of Planning Objectives Vanderpool Barn - Preliminary 601 Shelton Drive, Colleyville 76034 Scale: 1’ = 5 0 0 ’ Plot 1Apr2015 Rev 04 Sh e l t o n D r i v e T h e r e s a L a n e Ex i s t i n g h o u s e Ex i s t i n g f e n c e Tack Stall Stall Boat Storage Ex i s t i n g D r i v e w a y Pr o p e r t y L i n e R i g h t o f W a y 15 ’ - 0 ” 2 5 ’ - 0 ” Vanderpool Barn - Preliminary 601 Shelton Drive, Colleyville 76034 Scale: 1/8” = 1 ’ 5 M a r 2 0 1 5 R e v 0 2 Elevations Fr o n t / E a s t Ba c k / W e s t Side/South Side/North Br i c k / S t o n e Me t a l F a c e Metal Roof El e v a t i o n s Vanderpool Barn - Preliminary 601 Shelton Drive, Colleyville 76034Setback Envelope Analysis Scale: 1/8” = 1 ’ 1 A p r 2 0 1 5 R e v 0 4 Fr o n t / E a s t Si d e / S o u t h Brick/StoneMetal Face Me t a l R o o f 4 5 ° 45° 15 ' - 0 " 5' - 0 " 8 ' - 0 " 22 ' - 0 " 5' - 0 " 8 ' - 0 " 25 ' - 0 " P r o p e r t y L i n e P r o p e r t y L i n e 32 ’ - 0 ” ORDINANCE O-15-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 3R1, BLOCK 1 OF THE PLEASANT OAKS ESTATES ADDITION, LOCATED AT 601 SHELTON DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for an accessory building under Case No. ZC15- 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 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 Ordinance O-15-XXXX Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notice s 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 3R1, Block 1 of the Pleasant Oaks Estates Addition located at 601 Shelton Drive by authorizing a Special Use Permit for an accessory building, as depicted on Exhibit “A” and Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the construction of an accessory building. b. The proposed accessory building shall not exceed 1,728 square feet in size including all covered patio areas. c. The total accessory building square footage on the lot shall not exceed 2,390 square feet. d. The existing 100 square foot loafing shed shall be removed upon completion of the proposed 1,728 square foot Ordinance O-15-XXXX Page 3 of 4 accessory building. e. The accessory building design and exterior materials shall be generally consistent with Exhibit “C”. d. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional . Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. Ordinance O-15-XXXX Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC 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 Exhibit “C” – Building Elevations 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 4c Agenda Date 04/13/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of an amendment to the PUDC-PlannedUnit Development Commercial zoning requirements on Abstract 1154, of the R. H.McEwing Survey located at 8092 Precinct Line Road, Case ZC15-005 Explanation Paul Moss, representing Lavaca JV, LLC, has submitted a request to amend the PUD-C – Planned Unit Development Commercial zoning of 3.022 acres located at 8092 Precinct Line Road. Existing Conditions. Ordinance O-10-1761 was approved by the City Council on August 3, 2010. It established the PUD-C zoning for the entire 8.08-acre site and authorized uses for Tract I (3.02 acres) and Tract II (5.06 acres). However, only Tract II has been developed as an assisted living facility. Tract I is currently vacant. The property owner is seeking to amend the PUD-C to provide a site plan for Tract I. The proposed office use is consistent with the requirements of Ordinance O-10-1761, which stipulates that development within Tract I must comply with the CC2 – Shopping Center zoning district regulations. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUD- C ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule and a statement of development goals. A copy of the Statement of Planning Objectives is attached to this agenda briefing. Development Standards. The proposed development will consist of three office buildings, each on a separate lot. Lot 1 is 20,500 square feet in size and contains a 3,664 square foot office building. A total of nineteen (19) parking spaces would be required for medical office uses, and twenty-three (23) spaces are provided. A quarter of the lot area is devoted to landscaping, 2,837 square feet of which is located in front of the building facing Precinct Line Road. Lot 2 is 36,260 square feet in size and features an 8,510 square foot building. Forty (40) parking spaces are provided, which exceeds the requirement of twenty-nine (29) spaces. Approximately twenty-five percent (25%) of the lot is landscaped, with the majority of vegetation located along Precinct Line Road and Lavaca Trail. Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 2 Lot 3 occupies the eastern half of the property and is 74,878 square feet in size. It contains an 11,876 square foot building and forty-one (41) spaces, which is two more than are required. Existing detention ponds are located along the eastern border of the site and in the southeast corner. Landscaped area including the ponds is 38,005 square feet, or fifty-one percent (51%) of the lot area. All lots and proposed buildings comply with the minimum dimensions and setbacks established for the PUD-C zoning district, which are as follows: Lot size: 7,200 square feet Lot width: 70 feet Lot depth: 115 feet Front setback: 40 feet Side setback: 10 feet Rear setback: 10 feet Access. The applicant is proposing two points of access to the property with one from Precinct Line Road and one from Lavaca Trail. Open Space. Ordinance O-10-1761 requires an open space area equal to 38.28 percent of the total 8.08 acre development. This requirement was satisfied by Tract II, which provided amenities in the open space areas including walk-ways, park benches, small gardens and water features. Tract I, the subject property, proposes to provide 52,240 square feet of open space between the three lots. This equates to forty percent (40%) of the 3.022 acre site area and exceeds the twenty percent (20%) typically required for PUD-C developments. Landscaping. The applicant has submitted a landscape plan that includes 18 trees and 175 shrubs, with the majority of landscaping in the front of the proposed buildings and along Precinct Line Road and Lavaca Trail. The landscaping depicted on the plan meets, and in some cases exceeds, the minimum requirements of the Land Development Code. Exterior Building Elevations. The applicant has submitted exterior building elevation plans, which have been included within the draft PUD-C ordinance. All three of the proposed buildings utilize natural stone as the primary building material, with bands of cement stucco around the windows. Architectural elements including large wood brackets, cut stone bands, arched doors and windows, and decorative iron lights are proposed. The proposed elevations yield a design score of 31.8 points. Chapter 6 of the Land Development Code requires a minimum score of 30 points for all commercial zoning classifications with the exception of PUD and SUP districts. These developments may obtain approval of higher or lower values as authorized by the City Council. Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 3 Trails. According to the Colleyville Pathways Plan, a ten (10) foot wide concrete trail is required along Precinct Line Road and a five (5) foot wide sidewalk is to be constructed along Lavaca Trail. The trails will be required to be constructed upon issuance of the building permit. Platting. The subject property will be required to be platted upon approval of the rezoning request. The applicant acknowledges this requirement. Surrounding Development Trends. The properties directly to the north and south are zoned PUD-C and developed as offices. The property to the east is zoned PUD-C and contains an assisted living facility. The properties to the west are located within the City of North Richland Hills and are single family residential uses. Development Fees. Water, sewer, and roadway impact fees are due at the time of building permit issuance. Fees shall be calculated as described in Chapter 13 of the Land Development Code. Master Plan. The 2004 Colleyville Plan designates this property for future retail uses. The proposed development of offices is not consistent with the Master Plan’s future land use recommendation. However, Ordinance O-10-1761 allows all uses within the CC2 zoning district; therefore, there is a possibility for future retail use on the property. Public Notification. Staff notified nine (9) property owners within 200 feet of the subject property as well as any Homeowners’ Associations within 500 feet regarding this request. Keller ISD, where the subject property is located, was notified per State law. 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. While the request meets the minimum requirements of the Land Development Code, the proposed rezoning does not conform to the 2004 Colleyville Plan’s future land use recommendation of retail. However, Ordinance O-10-1761 requires that the subject property comply with the CC2 zoning district, which lists offices as a permitted use. In addition, the CC2 zoning district would allow for retail uses in the future. Commercial development trends within the City indicate a pattern of retail/office integration along commercial corridors with retail uses typically concentrated around major intersections. Recommendation Approval with the following conditions: Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 4 1. General a. The purpose of this PUD-C is for an office development. b. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. Zoning Exhibit a. The development shall be generally consistent with Exhibit “B”, which shall not be considered the plat. 3. Building Elevations a. Buildings shall be consistent with the elevations shown on Exhibit “C”. b. Buildings shall utilize natural stone as the primary exterior finish material, with other masonry products provided in accent areas. c. Architectural elements including large wood brackets, cut stone bands, arched doors and windows, and decorative iron lights shall be provided. d. Each building must achieve a minimum commercial design score of 31.8 points. 4. Open Space a. This development shall provide a minimum of 40% common open space, as shown on Exhibit “B”. All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit “D”. b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit “D” labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4-Landscaping in the Land Development Code. 5. Parking a. This development shall be required to have a minimum of 87 parking spaces. Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Statement of Planning Objectives 7.Zoning Exhibit Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 5 8.Building Elevations 9.Landscape Plan 10.Ordinance O-10-1761 11.Ordinance O-15-XXXX CI M M A R O N T R L P R E C I N C T L I N E R D PUD-C R-40 PUD-R CC-2 PUD-C 0 8100 0 0 0 8092 0 1101 0 1101 8190 8090 0 8090 1013 8180 65248170 6228 6232 6216 6220 6204 6212 6208 6300 6200 925 6205 6209 6221 6213 6217 6205 6224 / Subject Property City ofNorth Richland Hills LAVACA TRL Location and Zoning Map CI M M A R O N T R L P R E C I N C T L I N E R D 0 8100 0 0 0 0 8092 0 8090 11018090 8190 1013 8180 1101 65248170 0 6228 6232 6216 6220 6204 6212 6224 6208 6300 6200 0 6205 6209 6221 6213 6217 6205 / Subject Property City of North Richland Hills LAVACA TRL Aerial CI M M A R O N T R L PR E C I N C T L I N E R D LA N T A N A C T TA L B O T T R L E M M A S C T CHANTAL LN/ Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water Parcels City ofNorth Richland Hills LAVACA TRL Future Land Use Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Gene Young Standard Ins A Corp 620 W Pipeline Rd Hurst Texas 76053 008190 Precinct Line Rd Corliss Stone‐Littles Llc 8180 Precinct Line Rd Ste 150 Colleyville Texas 76034 008180 Precinct Line Rd Stanley, Lynette 1101 Lavaca Trl Colleyville Texas 76034 001101 Lavaca Tr Ravenwood Development Llc 131 Quest Ct Keller Texas 76248 008090 Precinct Line Rd Linles Properties Ltd 2601 Highland Meadow Dr Colleyville Texas 76034 008090 Precinct Line Rd Usmc Colleyville Llc 14881 Quorum Dr Ste 250 Dallas Texas 75254 008100 Precinct Line Rd Keller ISD 350 Keller Parkway Keller Texas 76248 State law required City of North Richland Hills 7301 NE Loop 820 North Richland Hills Texas 76180 Courtesy Notice Villas of Colleyville HOA 1108 Pioneer Parkway Arlington Texas 76013 Courtesy Notice Lavaca JV, LLC 8821 Davis Blvd, Suite 220 Keller Texas 76248 Applicant Public hearing notices were mailed Wed., April 1, 2015 by Taci Wrisley Notification List B O R D E A U X P A R K LAVACA TRL CI M M A R O N T R L P R E C I N C T L I N E R D LA N T A N A C T CRYSTALWAY KA Y S C T TA L B O T T R L ARCADY LN E M M A S C T CHANTAL LN 0 0 0 0 0 0 1101 901 8060 1013 0 1101 8100 0 0 810 8090 0 0 8092 0 0 0 813 8090 6525 0 0 8190 8170 0 729 0 0 8070 6524 0 8080 0 0 0 8180 0000 61016100 62136216 0 6113 6212 6112 6105 6204 6300 6208 6208 8196 6201 6212 6200 6301 6204 6109 6205 6209 6209 6213 6304 813 6205 6104 6108 0 8050 6004 725 6404 6409 6400 909913925 6301 6405 921 917 6221 6225 6217 6209 6205 6213 6233 6412 6229 64096408 721 6413 5917 0 6404 6412 6400 6408 6413 6228 6232 6216 6220 6204 6032 6212 6201 6224 6208 6300 6412 6408 6404 6200 60286004 62056200 6000 8080 6218 6215 6020601660086024 6416 6418 6405 6403 6012 8200 / Subject Property Case ZC15-0058092 Precinct Line Rd City of North Richland Hills Legend Properties within 200 feet Subject Property Parcels City Limit Buffer Map Statement of Planning Objectives Zo n i n g Ex h i b i t Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s PL A N T L I S T ( L a n d s c a p e C o n t r a c t o r i s r e s p o n s i b l e f o r v e r i f i c a t i o n o f p l a n t q u a n t i t i e s ) . QU A N T I T Y PL A N T N A M E / B O T A N I C A L N A M E SI Z E NO T E S SP A C I N G 5 C e d a r E l m / U l m u s c r a s s i f o l i a 3 " c a l . v a r i e s 10 C r a p e M y r t l e / L a g e r s t r o e m i a i n d i c a ' R e d R o c k e t ' ' 3 0 g a l . 3 " c a l . m u l t i 1 5 ' o c 7 L i v e O a k / Q u e r c u s v i r g i n i a n a 3 " c a l . v a r i e s 4 R e d O a k / Q u e r c u s s h u m a r d i i 3 " c a l . v a r i e s 39 S p i r e a R e e v e s / S p i r e a s p . ' R e e v e s ' 5 g a l . 5 ' o c 19 M i s c a n t h u s / M i s c a n t h u s s i n e n s e ' G r a c i l l i m u s ' 5 g a l . 5 ' o c 39 I n d i a n H a w t h o r n / R a p h i o l e p i s i n d i c a ' C l a r a ' 5 g a l . 4 2 " o c 17 5 N a n d i n a n a n a / N a n d i n a n a n a 1 g a l . 2 ' o c 19 4 D w a r f B u r f o r d H o l l y / I l e x b u r f o r d i i n a n a 5 g a l . 3 ' o c 87 D w a r f Y a u p o n H o l l y / I l e x v o m i t o r i a n a n a 5 g a l . 3 ' o c 68 A n d o r a J u n i p e r / J u n i p e r u s h o r i z o n t a l i s p l u m o s a 5 g a l . 4 ' o c 38 K n o c k O u t R o s e / R o s a s p p . ( s i n g l e r e d ) 5 g a l . 3 ' - 4 ' o c 22 D r i f t R o s e / R o s a s p p . ( d o u b l e c o r a l ) 5 g a l . 3 ' o c La w n / 4 1 9 H y b r i d B e r m u d a S o d s o d s o l i d l y NO T E S IR R I G A T I O N : A l l l a n d s c a p e d a r e a s s h a l l b e i r r i g a t e d w i t h a n i r r i g a t i o n s y s t e m c a p a b l e o f pr o v i d i n g t h e p r o p e r a m o u n t o f w a t e r f o r t h e p a r t i c u l a r t y p e o f p l a n t m a t e r i a l u s e d . Ir r i g a i t o n w i l l b e p r o v i d e d b y a n u n d e r g r o u n d s p r i n k l e r s y s t e m o r a s u b t e r r a n e a n d r i p sy s t e m a n d s h a l l b e e q u i p p e d w i t h r a i n a n d f r e e z e s e n s o r s a n d b e i n a c c o r d a n c e w i t h a l l ap p l i c a b l e c o d e s . A d e t a i l e d i r r i g a t i o n p l a n w i l l b e s u b m i t t e d w i t h c o n s t r u c t i o n p l a n s . MA I N T E N A N C E : R e q u i r e d p l a n t m a t e r i a l s m u s t b e m a i n t a i n e d i n a h e a l t h y g r o w i n g co n d i t i o n a t a l l t i m e s . T h e p r o p e r t y o w n e r i s r e s p o n s i b l e f o r r e g u l a r w e e d i n g , m o w i n g o f gr a s s , i r r i g a t i n g , f e r t i l i z i n g , p r u n i n g a n d o t h e r m a i n t e n a n c e o f a l l p l a n t i n g s a s n e e d e d . A n y ci t y - r e q u i r e d p l a n t i n g t h a t d i e s m u s t b e r e p l a c e d w i t h a n o t h e r l i v i n g p l a n t t h a t c o m p l i e s wi t h t h i s p l a n w i t h i n 9 0 d a y s a f t e r n o t i f i c a t i o n b y t h e C i t y . S t r e e t s h r u b s s h a l l b e m a i n t a i n e d at 3 0 " h e i g h t m a x i m u m . DR A I N A G E : T h e r e s h a l l b e p o s i t i v e d r a i n a g e a w a y f r o m a l l b u i l d i n g s . F i n a l L a n d s c a p e gr a d e i n c l u d i n g t o p d r e s s i n g m u l c h , s h a l l b e a t l e a s t 3 " b e l o w f i n i s h e d f l o o r o f a d j a c e n t bu i l d i n g s . ED G I N G : R y e r s o n 1 0 g a u g e s t e e l o r e q u a l . I n s t a l l t o p o f e d g i n g e q u a l t o f i n i s h e d m o w i n g he i g h t o f a d j a c e n t g r a s s . D o n o t i n s t a l l a n y e d g i n g p a r a l l e l a n d a d j a c e n t t o c o n c r e t e w a l k s or c u r b s . I n s t a l l s t a k e s o n i n n e r s i d e o f p l a n t i n g b e d s , f l u s h w i t h t o p o f e d g i n g . BE D P R E P A R A T I O N : P l a n t i n g a r e a s t o r e c e i v e g r o u n d c o v e r , s h r u b s o r o r n a m e n t a l t r e e s sh a l l b e p r e p a r e d a s f o l l o w s : 1. E x c a v a t e a n d r e m o v e f r o m s i t e e x i s t i n g s o i l a n d r o c k a s n e c e s s a r y t o a l l o w f o r t h e in c o r p o r a t i o n o f 3 " o f s a n d y l o a m / c u r e d o r g a n i c c o m p o s t , 3 " h a r d w o o d m u l c h a n d s t i l l al l o w f o r t h e f i n i s h e d g r a d e o f b e d s t o b e a m i n . o f 3 " b e l o w t h e f i n i s h e d f l o o r o f a d j a c e n t bu i l d i n g s t r u c t u r e . 2. T i l l s a n d y l o a m / c u r e d o r g a n i c c o m p o s t i n t o e x i s t i n g s o i l t o 6 " d e p t h . 3. R a k e b e d s s m o o t h l y a n d e v e n l y . E n s u r e p o s i t i v e d r a i n a g e a w a y f r o m b u i l d i n g a n d / o r to w a r d a n y s u r f a c e d r a i n s , i f p r e s e n t . MU L C H : A l l b e d s s h a l l r e c e i v e 3 " o f s h r e d d e d h a r d w o o d m u l c h . T r e e s i n l a w n a r e a s s h a l l ha v e 4 " o f m u l c h p l a c e d w i t h i n t h e t r e e r i n g s . D o n o t a l l o w m u l c h t o t o u c h t r e e t r u n k s . TR E E P L A N T I N G : T r e e p i t s o f 3 0 g a l l o n o r g r e a t e r t r e e s s h a l l b e d u g 1 2 " g r e a t e r t h a n t h e ro o t b a l l a n d s l i g h t l y s h a l l o w e r t h a n r o o t b a l l h e i g h t . B a c k f i l l i n 6 " l i f t s , t a m p i n g b e t w e e n l i f t s , wi t h 1 2 s a n d y l o a m / o r g a n i c c o m p o s t m i x , a n d 1 2 n a t i v e s o i l m i x . P r o v i d e 6 ' d i a m e t e r co n t i n u o u s r i n g o f s o i l a r o u n d t r e e r o o t b a l l 8 " i n h e i g h t . CA L C U L A T I O N S Th e r e a r e n o e x i s t i n g t r e e s o n s i t e . Si t e A r e a - 1 3 1 , 6 3 8 s f Re q u i r e d L a n d s c a p e A r e a - 2 0 % x 1 3 1 , 6 7 3 = 2 6 , 3 2 7 s f Pr o v i d e d L a n d s c a p e A r e a - 5 2 , 2 4 0 s f 4 0 % Re q u i r e d S t r e e t T r e e s - 2 9 9 l f + 3 8 9 l f w / o a p p r o a c h e s w i t h 1 t r e e / 4 0 l f = 1 8 T r e e s Pr o v i d e d S t r e e t T r e e s - 1 8 Re q u i r e d S t r e e t S h r u b s - 1 s h r u b / 5 l f = 1 3 8 Pr o v i d e d S t r e e t S h r u b s - 1 7 5 Ar e a o f p a r k i n g - 1 0 3 s p a c e s Re q u i r e d p a r k i n g l o t l a n d s c a p e a r e a - 1 0 3 / 1 8 = 6 i s l a n d s @ 1 4 0 s f e a c h m i n . Pr o v i d e d p a r k i n g l o t l a n d s c a p e a r e a - 6 i s l a n d s w i t h t r e e s + a d d i t i o n a l i s l a n d s w / o t r e e s La n d s c a p e a r e a s a r e p e r a p p r o v e d P D p l a n La n d s c a p e Pl a n ORDINANCE 0-10-1761 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT 1 B1, ABSTRACT 1154 OF THE R.H. SURVEY FROM THE CC2-SHOPPING CENTER ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL 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. ZC10-017; 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 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. Ordinance 0-10-1761 Page 2 of 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O 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 Tract 1B1, Abstract 1154 of the R.H. Survey, from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" and as described in Exhibit "B". 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. GENERAL a. The purpose of this PUDC is for an assisted living and memory care facility. b. This facility shall be licensed as a Type A and Type B Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. c. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. All uses permitted in the CC2-Shopping Center commercial zoning district shall be permitted as part of this development but shall be limited to the 3.02 acre tract adjacent to Precinct Line Road as described in Exhibit "B". 3. HOURS OF OPERATION a. Deliveries to the facility for food service and general delivery will be restricted to 7:00 a.m. to 7:00 p.m. daily. rr Ordinance 0-10-1761 Page 3 of 6 4. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "C", which shall not be considered the preliminary plat. b. The developer shall submit and receive approval from the City of Colleyville a minor plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 5. BUILDINGS a. The maximum square footage of assisted living and memory care space for this development shall be 60,000 square feet. b. Building elevations shall be consistent with the elevations shown on I'~ Exhibit "D". c. There shall be no more than 14 cottages allowed for this development and the total occupancy for all cottages combined shall not exceed 18 persons at any one time. The cottages shall not exceed one story in height and there shall be no cottage entrances j facing to the south. The cottages shall only be available to friends or relatives of the residents of the assisted living facility allowed by this ordinance and shall not be rented for any reason nor shall they be sold unless they are sold in conjunction with the entire facility. d. There shall be no windows or openings on the second story of the east side of the building. e. Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents. f. For the assisted living facility, there shall only be one ornamental architectural feature that is allowed to exceed 35 feet in height provided said feature does not exceed a maximum height of 50 feet. g. The front building setback along Lavaca Trail shall be 25 feet for the tract containing the assisted living facility only. Otherwise, all i building setbacks shall comply with minimum requirements of the Land Development Code. Ordinance 0-10-1761 Page 4 of 6 6. OPEN SPACE a. This development shall provide a minimum of 38.28% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit "E". b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit "E" labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4- Landscaping in the Land Development Code. 7. SIDEWALKS AND PATHWAYS a. The trail along Precinct Line Road must be at least ten (10) feet wide. The sidewalk along Lavaca Trail must be at least five (5) feet wide. The trail and sidewalk must be installed when any new structures are built on the property. 8. PARKING a. This development shall be required to have a minimum of 71 parking spaces. 9. LIGHTING a. All light poles shall be no higher than 18 feet and lighting shall be of a boxed can style and directed away from adjacent residential properties. Illumination from light poles shall not exceed 0.5 foot- candles as measured from any portion of the property line. 10. FENCING AND SCREENING a. A six (6) foot wrought iron and masonry fence with stone columns shall be constructed along the property line adjacent to Lavaca Trail. b. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the residential lot, use or district to everything below the roof eave of all buildings in the assisted living facility. The fence shall meet all front setback trans arenc re uirements as re uiredpYqq by the Land Development Code. F~ Ordinance 0-10-1761 Page 5 of 6 c. All gates shall meet the gate requirements of Chapter 14- Engineering Design Standards of the Land Development Code. 11 ciraerF a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. 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. AND IT IS SO ORDERED. The first reading and public hearing c~,,l~c~r 2010. The sec nd reading and public hearinc C~ 2010. being conducted. on the ~lJ ~ day being conducted on the O~ ~`~ day of Ordinance 0-10-1761 Page 6 of 6 ATTES -~~ j\c_~c_. Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE 1 David Kelly l Mayor J. 1 Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map Y F"reri~ic# Litre Ind. F3~J~ a?ri . X12 1+~ ~ - @CE5 ~c~=i T} i~~~ ~ ~ ~ b2r t 7 5~tJ3 1 r f~~ ~~ F2U'.~ ~ F I ft~~6 ii0=~ Pt`DC. I ~~. rUl s~~:~o ~ at t~ G~~b I_ E: G~ 1'~~19 1? f21~ F ~:`~B 20:1 ti~0 Exhibit B -Legal Descriptions 3.{l2 Ac $roperh~ ~cscript~a-n E~GSrtg n 3.€3'2 acre traK:t an parc:ci ut' lat-d si#>.:ated iri tlt~ Ft.N. ~•fz I:a irig ~urvev. ,Abstr~t fi~lo. Il~~ ita ttic +City taf Colley~'ille, "1 <t^zint C;utirt,,~. T~~x~s, said trac# h~irt~ a pnrrint~ of a tract of land ccanveyed tta at Iz{"I' f"ecia- t'rc z~l;; F'~~rlc, I.trl us ciz~;crlF.acd in t3ocwnent TVc~rtaber L720S3L14~f33 of the Deed Records cf "! arrant ~.:{~2,nr~, "l r.a;~ s, s~~.zti 3.a2 ~~rc fret n~crre p.~u~icularly described b;r metes and ba~te~nds as ~fc1tlc~4'~: BI~GINI~III'~G at a Texas I3ePar#me~af of Tran~part~tic~n brass click in conGretu faund r-,# the zrauthss# cu#ba~ck ta# the in#erseckion roC the rac~rtJt line ofLavt€ea Tr~i! (tiU' R~?W} ;rod the ~,~,~est line o1'F.>~1. Idi~l~wa~ f~Tc. 3(!~9 ~Pr4cinet line I2c~<~d) (u~ariaEale width. T~C31~'}, Thcneser• Ntarth 45°4}~!'3fi" '~s~'est along said ea~t"o~ck line frrr a clistancc. taf 35.33 Y€:et tea x 3°c><as I?claartn~ent cif Tran4pcrrtati~~tt Ear~ass dim fottad for cumsr in thr. r-~5t line tat watt F,>!~1. I-fplyr~~a}~ ~fr?9; Tltence; North QO°I~'2fa"',~''est along the east llrte taf said i~,:~l. l'~Iighwa~ 3.4329 for a tlistatrtde ert`3I0.043 feef to an `Px" in ctancrzte ftautcc! for corner ,rt tilt: south~vcst corner aal`Lca# 3. 131e~ck I, Pvleadnvas Creek Plx~a, rtn a,lditit,rr 4ta the 4~it~r of t;ollcyville aecnndin t~, the plat thcrcc5frecordctt in Cabinet .'1, Slide 14)Gt`il ref tltc Plat Iteccrrds aCTarrant C'cnint}', Tcras; Tlaence: S,sutir `+9` 5'~1C)" «z:st `l~~tlt tltc s~puth line of said I.o# 3, t3lncl€ !, a# '~0'~.73 feet: p:r;;sirr~, rn ';~" ftaa~nil iir r~sant:rrtr at ih4 seauthcns# ccnier caf said I.tai 3, 13lnck 1, sari}e heinLt the ~ nutlrwc4t ci~rner o1' Let ~, Bl~k !, Ialeatlaws Creek. Plaza Addititan an addieit~n caa the ~;ity of t:'ciflz'}~uil,c ~acLortiin~ tea the plat recorded in ~r,binct A, Slide 1 153E taf #!~e Plrlt l~ecoreis 4t Ectrrttnt C'vtrnty, Texas, ~md caatinttn~ along t!-rc south line of said Lot 4, F3lecfc 1 a tt~tal distance: i?f?39,4~ !'ec;t t~ ~n "a: , fcrt~nci in eoncrctc for ctsrneY ~f the scautheas# corner ot: said. Lc~t 4, I3'}oclt t 1'lrectcs; Sorith OC3~`4}5'00'° ~trest fear a distance of 43.$1 ;Fee# t~ a crtslt fcar+rrter,. Thence; Ss»rth :±'°49°~#{3" Last f+ar ~ ditii<irrce af2T2.a2 fee# to a point for corner; r']7cncet Month Oil°05'G'tl"'4~Fesf fr~r a distance ctf~~l.'~? fce# to a pcts'nl far comer in the north Sine c,f sai~-I T.avaci Trail; Thence: I~ltartlz g9°~~`l30" Fast 4.ith the nc~rt)t lice czf sa'sd ~~Pae~ "I'r:~il for a etis#ance of l`?3.fa9 feet tea tltc Pt)I~'T C}F' I3t~:C.1Nti11Vt7 ante coatainircg 3,02 acres of land more or less, p~ Ac ~'rargcrty De~tcr•iptitgrtt Being a S:ftG acre tract tier pat4~l of tcrzcl situ>at~d in tTae 12,.t~E. 1u1cE~ving Strri~t'y{, ~`~~FStCa~Ct qtr. LI54 u; tree City of CcalTeyviklc, 7'aa'rant Cocerity, Tctias, ~rtiti tract h~:ing a pnrtipn of a tract cif land t:tanv,:y~itT tts RCP Cedar t.ree?< T''arl;, C:td s~ de•s+~riTa:'d in DGCUmcnt Nu~r~h~cr D2G53U4St}3 tri' the L7e+ud Kccords of Tarrant County, Texas,. said. S,Ub i{era: tract more Ttarticularly ctescrihed Tay metes anti b~uunds as folio;vs: CC1I49it•iE`'CING at a Texas llepattnrent crf Transptartatitan brra~s disk. P4-inrT at fire southst etrii,icl: line r,i tl~c ~~`st Inc of F.?1f. T-IiT;lrc~~y 3i12~ (Presenvt Line Road} (mariabTa width right taf way} ern~i fire r:r7rtli lirtea of Lavarc€t Trail (G{t' ~CV«r~; TSterice~ S~attTt €t?~"S3'iJU" 4~'e:st with. the rtarrt}t linty trf said La~rsrea "I'rrril for a distance of 423.69 feet io flit; Y[)1tiT OF BEGl(1'~;'~iT~EG, Ttta;rtce: Narttl "tJ5'ilct' ttd+.st for x di,~tane:e [rf "Tl .82 feet ter ~ pcaitrt fot• corder; Thence: I~Taarth ' a "•T 9'-1 ~~„ V~rest t;ar a distance caf 272.~T2 feet tea a lroint for comer; Thence; NnrtTr Q(]°1F75'(1{>" ~b°est at X13.81 feet pausing ar's "x" fovn~j ire concrete a! tlae; sontheask cr~ne:r of l~at 4, }3'lncx:>< t, ?vieadtzws Creek. t'~rua,~dditiot;, an additi±rn ~ tare City taf f:'olleyy~i]!e per tl:e ]il;st rccr}rdctt in C.abrset A, Slide: 115iF t~f the Plat Rec[rrds [af Tarrant C'crtrnty, 'Iex€ts, and continuing aTon~ aty east line caf said I..tat: 4, 131cacT A, a tatai distanca uC77,8=# feet to a point for e:e~mer; Thence; North t73°T7'S5" West ~~~itkt east lute of said Lot 4, Bl[rark r~, -for a distance caf T?•t.23 feet trr tt Perini f~rr corner:; Tiaetace: '.`nrika {)'"45'U~" \s~'atst laa• n dist;rtt^ve caP 1 t}3.9(l feet tct a pcairat fear u7rntr in the north live. tjf s<.id Rt:1' ('edrer f'rcc:: Park, iid tract,. said paint laein,g t1;4 iiortliea4t corner of sad T.ot ~, Bl~~;k 1, ~leaclo~~ Lrack P1azaldditiran; Tlrenec; Soutkr ~~°Sr'D€~" lk`est 4uitlt fire ttvrth line ct# said. BCP Cedar C`rcck Parr;, I,td tract for a d istance of x27.37 feet to a point fvr vcirder tt[ the nortlrcast earner at' said IiCP Cedar Creek. k'ark, Gtd tratiri; x'17 s1.r; sr-ruth ty3°~7'] ~„ Wc~t ;~rith tlic cast tine atf said 1ttM'l' tr;edar 'reek I'~trk, Ltd tra+:t fpr a distn7tGe aC bEf3.`'U I~et tc, a paitrt for' ccartaer at the suutlteast darner of said T' f~~~tar ttireek T',rrk ,Ltd tract, said paint heirag in fire nartlt line of said Lavaca Crail; Thence, Nc~rtlt $~°~5'!~(t" 1nat ~=~•ifla tTic south line of said FxG`I' Cedar Creek Park, I,td tract, same Tieing fife north lino of stud La~aaea Trawl tea the F(~INT QT I3>~GI,NNII~G and casntainin~ S.tl6 aa±tcs ~1 l~srttl niora tar Icss. Exhibit C -Conceptual Site Plan r Ea~n>; X ~ I ~ tS ,~`. \~ l o D€V~LOPMFNT ~ ^~^ ~ ., iRRGt I \ 5-w ~ ~.,,~ '~ i 3,~Z AC ~ 1 ~• f~" ~ i r S ~ ~~ 55i HJt~r ..:541'-'~_ _,~~ ~~ JJ..____L_ esx~;e e it 1~ : ~. ;., z m~,~r, Stadt~ pmx~F~ Rtiekq~Mbf WmItKW I--'~ _~. i , „~~ 4- 1 r e r~ KEY PL,~ N N o~ Noc~T~ Et~vATioN cONCewr C(~...L~YVILLE, TEXAS MItrL..ER :; HCyt~t3E5 3 ~- ~, ~ ~:~ . ~ ~ ~ ~ ~ ~ a w a ^ W ^ w i ^ ~ if t?GAR9 ~ '. v5 Ob/,2.9 ! IGt r.. -.- y4~ mar..-,<s-^-_nr s~ ~. u.cc~-one 02 WE".`"~" ELEVATION CONCEPT a-+OUNc0c~WmJXW 1. a i~ 4 r 1 J - ._. ` r ~ ~ ~„ rY~ _ _,.. ax f°r, r xrnr~« II ' 4 ff,, ~"!~ m=!, , I - , ~ ~ J, ~,~ i ~ *,, ~ ~ A.I Ii.J_CA 4-4Gl.L H R~~~'+~t~ub PARK Exhibit E -Landscape Plan t,~ X11I ~~ II I i ~ i ~ i res r~+ut c+rn~ I I r __ 1 11' -'''!~ ~ ~ ~ IH~- ~ I ~ ~ ~6Y.1 T r y:Mnf?aa i j r L I j;l ~~~.~~w~ ~ e ~ 1 € r;,~~~~FSa I I ~ ~- ~' r ~~r4rsGENEI~ENi t TRACT I ~~-- Vt 3.~U2 dC `~ t ". i 4 ~ I I ~ i':y ~ _~~~ w <,,.~. _ J ,L . _ ..L~,.... ~_....____ .. LaVa~a_ Trap P_t i j h `', ~ ;mean Area f"~ _ t .~ ~ ni 2 ~ ~ wai , xr,.~ x r ~! r x I ~~~I,-I~C' t t ~u ~ ~~ i.-,~ ~: ir~ r~,., a 1 ORDINANCE O-15-XXXX AN ORDINANCE AMENDING ORDINANCE O-10-1761 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 of Colleyville approved Ordinance O-10-1761 on August 3, 2010 to establish the zoning of 8.08 acres out of Tract 1B1, Abstract 1154 of the R.H. Survey from CC2 – Shopping Center zoning district to PUD-C – Planned Unit Development – Commercial zoning district under Case Number ZC10-017; and WHEREAS, the applicant has requested an amendment to Ordinance O-10- 1761 to submit a detailed site plan for 3.022 acres 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 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-15-XXXX 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 amending Ordinance O-10-1761 conditions. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein, as depicted in Exhibit “A”. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for an office development. b. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL SITE PLAN AND PLATTING a. The development shall be generally consistent with Exhibit “B”, which shall not be considered the plat. 3. BUILDINGS Ordinance O-15-XXXX Page 3 of 6 a. Buildings shall be consistent with the elevations shown on Exhibit “C”. b. Buildings shall utilize natural stone as the primary exterior finish material, with other masonry products provided in accent areas. c. Architectural elements including large wood brackets, cut stone bands, arched doors and windows, and decorative iron lights shall be provided. d. Each building must achieve a minimum commercial design score of 31.8 points. 4. OPEN SPACE a. This development shall provide a minimum of 40% common open space, as shown on Exhibit “B”. All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit “D”. b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit “D” labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4-Landscaping in the Land Development Code. 5. PARKING a. This development shall be required to have a minimum of 87 parking spaces. 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-15-XXXX 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 on the 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ordinance O-15-XXXX Page 5 of 6 Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Ex h i b i t "B " - Zo n i n g Ex h i b i t Ex h i b i t "C " - Bu i l d i n g El e v a t i o n s Ex h i b i t "C " - Bu i l d i n g El e v a t i o n s Ex h i b i t "C " - Bu i l d i n g El e v a t i o n s Ex h i b i t "C " - Bu i l d i n g El e v a t i o n s Ex h i b i t "C " - Bu i l d i n g El e v a t i o n s Ex h i b i t "C " - Bu i l d i n g El e v a t i o n s PL A N T L I S T ( L a n d s c a p e C o n t r a c t o r i s r e s p o n s i b l e f o r v e r i f i c a t i o n o f p l a n t q u a n t i t i e s ) . QU A N T I T Y PL A N T N A M E / B O T A N I C A L N A M E SI Z E NO T E S SP A C I N G 5 C e d a r E l m / U l m u s c r a s s i f o l i a 3 " c a l . v a r i e s 10 C r a p e M y r t l e / L a g e r s t r o e m i a i n d i c a ' R e d R o c k e t ' ' 3 0 g a l . 3 " c a l . m u l t i 1 5 ' o c 7 L i v e O a k / Q u e r c u s v i r g i n i a n a 3 " c a l . v a r i e s 4 R e d O a k / Q u e r c u s s h u m a r d i i 3 " c a l . v a r i e s 39 S p i r e a R e e v e s / S p i r e a s p . ' R e e v e s ' 5 g a l . 5 ' o c 19 M i s c a n t h u s / M i s c a n t h u s s i n e n s e ' G r a c i l l i m u s ' 5 g a l . 5 ' o c 39 I n d i a n H a w t h o r n / R a p h i o l e p i s i n d i c a ' C l a r a ' 5 g a l . 4 2 " o c 17 5 N a n d i n a n a n a / N a n d i n a n a n a 1 g a l . 2 ' o c 19 4 D w a r f B u r f o r d H o l l y / I l e x b u r f o r d i i n a n a 5 g a l . 3 ' o c 87 D w a r f Y a u p o n H o l l y / I l e x v o m i t o r i a n a n a 5 g a l . 3 ' o c 68 A n d o r a J u n i p e r / J u n i p e r u s h o r i z o n t a l i s p l u m o s a 5 g a l . 4 ' o c 38 K n o c k O u t R o s e / R o s a s p p . ( s i n g l e r e d ) 5 g a l . 3 ' - 4 ' o c 22 D r i f t R o s e / R o s a s p p . ( d o u b l e c o r a l ) 5 g a l . 3 ' o c La w n / 4 1 9 H y b r i d B e r m u d a S o d s o d s o l i d l y NO T E S IR R I G A T I O N : A l l l a n d s c a p e d a r e a s s h a l l b e i r r i g a t e d w i t h a n i r r i g a t i o n s y s t e m c a p a b l e o f pr o v i d i n g t h e p r o p e r a m o u n t o f w a t e r f o r t h e p a r t i c u l a r t y p e o f p l a n t m a t e r i a l u s e d . Ir r i g a i t o n w i l l b e p r o v i d e d b y a n u n d e r g r o u n d s p r i n k l e r s y s t e m o r a s u b t e r r a n e a n d r i p sy s t e m a n d s h a l l b e e q u i p p e d w i t h r a i n a n d f r e e z e s e n s o r s a n d b e i n a c c o r d a n c e w i t h a l l ap p l i c a b l e c o d e s . A d e t a i l e d i r r i g a t i o n p l a n w i l l b e s u b m i t t e d w i t h c o n s t r u c t i o n p l a n s . MA I N T E N A N C E : R e q u i r e d p l a n t m a t e r i a l s m u s t b e m a i n t a i n e d i n a h e a l t h y g r o w i n g co n d i t i o n a t a l l t i m e s . T h e p r o p e r t y o w n e r i s r e s p o n s i b l e f o r r e g u l a r w e e d i n g , m o w i n g o f gr a s s , i r r i g a t i n g , f e r t i l i z i n g , p r u n i n g a n d o t h e r m a i n t e n a n c e o f a l l p l a n t i n g s a s n e e d e d . A n y ci t y - r e q u i r e d p l a n t i n g t h a t d i e s m u s t b e r e p l a c e d w i t h a n o t h e r l i v i n g p l a n t t h a t c o m p l i e s wi t h t h i s p l a n w i t h i n 9 0 d a y s a f t e r n o t i f i c a t i o n b y t h e C i t y . S t r e e t s h r u b s s h a l l b e m a i n t a i n e d at 3 0 " h e i g h t m a x i m u m . DR A I N A G E : T h e r e s h a l l b e p o s i t i v e d r a i n a g e a w a y f r o m a l l b u i l d i n g s . F i n a l L a n d s c a p e gr a d e i n c l u d i n g t o p d r e s s i n g m u l c h , s h a l l b e a t l e a s t 3 " b e l o w f i n i s h e d f l o o r o f a d j a c e n t bu i l d i n g s . ED G I N G : R y e r s o n 1 0 g a u g e s t e e l o r e q u a l . I n s t a l l t o p o f e d g i n g e q u a l t o f i n i s h e d m o w i n g he i g h t o f a d j a c e n t g r a s s . D o n o t i n s t a l l a n y e d g i n g p a r a l l e l a n d a d j a c e n t t o c o n c r e t e w a l k s or c u r b s . I n s t a l l s t a k e s o n i n n e r s i d e o f p l a n t i n g b e d s , f l u s h w i t h t o p o f e d g i n g . BE D P R E P A R A T I O N : P l a n t i n g a r e a s t o r e c e i v e g r o u n d c o v e r , s h r u b s o r o r n a m e n t a l t r e e s sh a l l b e p r e p a r e d a s f o l l o w s : 1. E x c a v a t e a n d r e m o v e f r o m s i t e e x i s t i n g s o i l a n d r o c k a s n e c e s s a r y t o a l l o w f o r t h e in c o r p o r a t i o n o f 3 " o f s a n d y l o a m / c u r e d o r g a n i c c o m p o s t , 3 " h a r d w o o d m u l c h a n d s t i l l al l o w f o r t h e f i n i s h e d g r a d e o f b e d s t o b e a m i n . o f 3 " b e l o w t h e f i n i s h e d f l o o r o f a d j a c e n t bu i l d i n g s t r u c t u r e . 2. T i l l s a n d y l o a m / c u r e d o r g a n i c c o m p o s t i n t o e x i s t i n g s o i l t o 6 " d e p t h . 3. R a k e b e d s s m o o t h l y a n d e v e n l y . E n s u r e p o s i t i v e d r a i n a g e a w a y f r o m b u i l d i n g a n d / o r to w a r d a n y s u r f a c e d r a i n s , i f p r e s e n t . MU L C H : A l l b e d s s h a l l r e c e i v e 3 " o f s h r e d d e d h a r d w o o d m u l c h . T r e e s i n l a w n a r e a s s h a l l ha v e 4 " o f m u l c h p l a c e d w i t h i n t h e t r e e r i n g s . D o n o t a l l o w m u l c h t o t o u c h t r e e t r u n k s . TR E E P L A N T I N G : T r e e p i t s o f 3 0 g a l l o n o r g r e a t e r t r e e s s h a l l b e d u g 1 2 " g r e a t e r t h a n t h e ro o t b a l l a n d s l i g h t l y s h a l l o w e r t h a n r o o t b a l l h e i g h t . B a c k f i l l i n 6 " l i f t s , t a m p i n g b e t w e e n l i f t s , wi t h 1 2 s a n d y l o a m / o r g a n i c c o m p o s t m i x , a n d 1 2 n a t i v e s o i l m i x . P r o v i d e 6 ' d i a m e t e r co n t i n u o u s r i n g o f s o i l a r o u n d t r e e r o o t b a l l 8 " i n h e i g h t . CA L C U L A T I O N S Th e r e a r e n o e x i s t i n g t r e e s o n s i t e . Si t e A r e a - 1 3 1 , 6 3 8 s f Re q u i r e d L a n d s c a p e A r e a - 2 0 % x 1 3 1 , 6 7 3 = 2 6 , 3 2 7 s f Pr o v i d e d L a n d s c a p e A r e a - 5 2 , 2 4 0 s f 4 0 % Re q u i r e d S t r e e t T r e e s - 2 9 9 l f + 3 8 9 l f w / o a p p r o a c h e s w i t h 1 t r e e / 4 0 l f = 1 8 T r e e s Pr o v i d e d S t r e e t T r e e s - 1 8 Re q u i r e d S t r e e t S h r u b s - 1 s h r u b / 5 l f = 1 3 8 Pr o v i d e d S t r e e t S h r u b s - 1 7 5 Ar e a o f p a r k i n g - 1 0 3 s p a c e s Re q u i r e d p a r k i n g l o t l a n d s c a p e a r e a - 1 0 3 / 1 8 = 6 i s l a n d s @ 1 4 0 s f e a c h m i n . Pr o v i d e d p a r k i n g l o t l a n d s c a p e a r e a - 6 i s l a n d s w i t h t r e e s + a d d i t i o n a l i s l a n d s w / o t r e e s La n d s c a p e a r e a s a r e p e r a p p r o v e d P D p l a n Ex h i b i t "D " - La n d s c a p e Pl a n 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 4d Agenda Date 04/13/2015 Number Type Public Hearing Agenda Items Department Community Development Title Considerationof a Special Use Permit for an accessory building on Lot 12, Block 4, of theAshmore Addition located at 2705 Highgrove Court, Case ZC15-006 Explanation Kelly Fontenot, the property owner, has submitted a request for a Special Use Permit (SUP) to construct a 1,928 square foot detached accessory building on 0.814 acres located at 2705 Highgrove Court. Existing Conditions. The property is zoned R20 – Single Family Residential zoning district and is currently developed as a 5,235 square foot single family residence. Applicant's Request. The applicant plans to construct a masonry accessory building in the rear portion of the lot, nearly eighty nine (89) feet from the rear lot line and over twenty (20) feet from the eastern side lot line. The accessory building will be located entirely behind the primary residence and separated by a distance of 29 feet. The proposed height is twenty eight feet, one and one-half inches (28’ 1 ½”) to the highest roof ridge. The proposed roof has a 12:1 pitch. The applicant intends to use the accessory building as a pool house and recreation room. Colors for the masonry have not been specified at this time. Accessory buildings are regulated in the Land Development Code by Section 3.27 - Accessory Buildings and Residential Carport Regulations. Section 3.27 requires a Special Use Permit for any accessory building that does not meet the conditions of this section. The conditions allow up to a 1,000 square foot accessory building for a lot that is between 0.5 and 0.99 acres; therefore, a Special Use Permit is required for the proposed accessory building. The proposed accessory structure complies with the R20 – Single Family Residential zoning district’s required ten (10) foot and twenty five (25) foot side and rear yard setbacks, respectively. The lot size of 0.814 acres equates to 35,458 square feet. The existing area under roof is 6,468 square feet. Including the proposed 1,928 square feet, the total covered area would be 8,396 square feet, or roughly twenty four percent (24%) lot coverage. The R20 – Single Family Residential zoning district allows for up to thirty percent (30%) lot coverage. The proposed accessory building will not penetrate the vertical height envelope. Non-Compliant Factors. The proposed accessory structure does not comply with the Planning and Zoning Commission Agenda Briefing 4d City of Colleyville Page 2 following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots below one acre in size, the maximum size for all accessory buildings on the site is 1,000 square feet. The proposed size of the accessory building is 1,928 square feet. The proposed accessory building complies with the other requirements of Section 3.27. The site plan, floor plan and elevations are incorporated as exhibits to the ordinance. Surrounding Development Trends. Surrounding properties to the north, east, and west are zoned R20-Single Family Residential zoning district and are developed as single family detached homes. Land to the south is Zoned AG – Agricultural and developed with a single family detached home. Public Notification. Staff mailed notices to 15 adjacent property owners as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notification was also sent to the Grapevine Colleyville ISD per state law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, staff has received one letter of support. Summary. The applicant proposes to construct a detached accessory building that exceeds the size allowed by the Land Development Code. Given that the proposed structure meets all other requirements, staff recommends approval. Recommendation Approval with the following conditions: a. The Special Use Permit shall apply to the construction of an accessory building. b. The accessory building shall not exceed 1,928 square feet in size including all covered patio areas. c. Design and exterior materials shall be generally consistent with Exhibit “C”. All façades shall be composed entirely of masonry. d. The accessory building may only be used for recreational purposes and not as an accessory dwelling unit. e. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1.Location and Zoning Map Planning and Zoning Commission Agenda Briefing 4d City of Colleyville Page 3 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Letter of Support 7.Statement of Planning Objectives 8.Zoning Exhibit 9.Elevations 10.Vertical Height Envelope 11.Ordinance O-15-XXXX W E S T G R O V E L N EDGEWOOD LN ST R A I G H T LN HIGHGROVE CT R-20 AGAG R-20 R-20 R-20 AG R-20 2800 5100 5212 2712 5009 2900 5005 271327012709 2807 5008 2705 2809 5200 2616 5108 5108 5209 5208 5204 5000 2700 5006 5108 2801 2704 5002 5004 2901 2802 2903 2810 2901 2806 2900 2903 2905 2708 2907 2904 2803 2902 2805 2807 2612 2712 5001 2906 5003 5005 29062904 5007 2800 2604 2902 5009 281028082806280428025213 2916290429082912290028042808271228002708270426002700 2920 2809 2608 3005/ Subject Property PO O L R D GLADE RD Location and Zoning Map 2800 5009 2713 2701 2712 2709 5100 2705 2802 5200 2708 2712 5108 2704 5108 2806 5108 2700 5008 5204 2807 / Subject Property PO O L R D HIGHGROVE CT Aerial ST R A I G H T LN 2800 2712 5009 5100 2713270127092705 5008 5200 2700 2704 5005 5208 5204 2802 2801 2708 5108 2803 2805 2806 2807 5108 2712 5108 2616 52095212 2807 / Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water PO O L R D HIGHGROVE CT Future Land Use Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address McCormick, Robert J 2220 Pool Rd Ste 100 Grapevine Texas 76051 005009 Pool Rd McCormick, Robert & Cynthia 2220 Pool Rd Ste 100 Grapevine Texas 76051 002712 Glade Rd Mikulik, Walter Etux Eva 5100 Pool Rd Colleyville Texas 76034 005108 Pool Rd Texcan Ventures Vii Ltd 5100 Pool Rd Colleyville Texas 76034 005108 Pool Rd Texcan Ventures Vii Ltd 5100 Pool Rd Colleyville Texas 76034 005108 Pool Rd Dzura, Michael Etux Patricia 2704 Highgrove Ct Colleyville Texas 76034 002704 Highgrove Ct Do, Phuong N Etvir Binh V 2700 Highgrove Ct Colleyville Texas 76034 002700 Highgrove Ct Yancey, Charles W Etux Theresa 2701 Highgrove Ct Colleyville Texas 76034 002701 Highgrove Ct Fyffe, Jack B & Jane G 2708 Highgrove Ct Colleyville Texas 76034 002708 Highgrove Ct Little, David P Etux Shelly 2712 Highgrove Ct Colleyville Texas 76034 002712 Highgrove Ct Staley, David C 5200 Pool Rd Colleyville Texas 76034 005200 Pool Rd Mikulik, Walter Etux Eva 5100 Pool Rd Colleyville Texas 76034 005100 Pool Rd McCormick, Robert & Cynthia 2220 Pool Rd Ste 100 Grapevine Texas 76051 002800 Glade Rd Johnson, Zachary S Etux Amy W 2713 Highgrove Ct Colleyville Texas 76034 002713 Highgrove Ct Fontenot, Kelly R Etux Kelle L 2705 Highgrove Ct Colleyville Texas 76034 002705 Highgrove Ct Wuestenberg, Kurt Etux Melissa 2709 Highgrove Ct Colleyville Texas 76034 002709 Highgrove Ct GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE Grapevine Texas 76051 State Law Required Dan Hatley, Applicatnt PO Box 1013 Colleyville Texas 76034 Applicant Public hearing notices were mailed Wed., April 1, 2015 by Taci Wrisley Notification List GLADE RD RED OAK CT E EDGEWOOD LN MEADOWVIEW DR ST R A I G H T LN MEANDERING CT RED OAK CT W HIGHGROVE CT 2800 2512 5212 5100 5300 2712 5009 2900 5005 271327015108 2709 5108 2807 5008 2705 28095108 5200 2616 2604 2608 5209 5208 5204 2600 2700 2801 5213 2800 2704 2504 2809 2802 2810 2901 2806 2904280828042900 2612 2712 2708 2608 2803 2704 2805 2800 2802 2804 2708 28102806 2807 2808 2700 2712 2500 2901 2900 2701 2703 290128052803280127072705 5006 5004 5000 5002 2908 2902 2903 0 / Subject Property PO O L R D GLADE RD HIGHGROVE CT Case ZC15-006 2705 Highgrove Ct Legend Properties within 200 feet Subject Property Parcels Buffer Map From:CapitalCorp Sent:Tuesday, April 7, 2015 7:11 PM To:Taci Wrisley Cc:Ron Ruthven Subject:Re: ZC15-006 Taci; Thank you for sending me the plans. My comments are as follows: "As a homeowner that falls within the 200' notification area, I have reviewed the submitted plans and believe that the Owners' project will be an enhancement to Ashmore and the surrounding neighborhoods. Please put me down as being in favor of approval by the P & Z Board" David Staley 5200 Pool Rd Letter of Support S t a t e m e n t o f P l a n n i n g O b j e c t i v e s Zoning Exhibit El e v a t i o n s Ve r t i c a l He i g h t En v e l o p e ORDINANCE O-15-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 12, BLOCK 4 OF THE ASHMORE ADDITION, LOCATED AT 2705 HIGHGROVE COURT BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for an accessory building under Case No. ZC15- 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 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 Ordinance O-15-XXXX Page 2 of 4 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 Lot 12, Block 4 of the Ashmore Addition located at 2705 Highgrove Court by authorizing a Special Use Permit for an accessory building, as depicted on Exhibit “A” and Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the construction of an accessory building. b. The accessory building shall not exceed 1,928 square feet in size including all covered patio areas. c. Design and exterior materials shall be generally consistent with Exhibit “C”. All façades shall be composed entirely of masonry. d. The accessory building may only be used for recreational Ordinance O-15-XXXX Page 3 of 4 purposes and not as an accessory dwelling unit. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional . Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST: CITY OF COLLEYVILLE Ordinance O-15-XXXX Page 4 of 4 Amy Shelley, TRMC 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 Exhibit “C” – Building Elevations 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 4e Agenda Date 04/13/2015 Number Type Public Hearing Agenda Items Department Community Development Title Considerationof an amendment to the Special Use Permit requirements on Lot 1R1, Block 2, ofthe Village Park Addition located at 4701 Colleyville Boulevard, Case ZC15- 007 Explanation Sara Smith has submitted an application to amend the Special Use Permit (SUP) for outside storage for the Westlake ACE Hardware store, located at 4701 Colleyville Boulevard. Existing Conditions. Westlake ACE Hardware currently occupies the southern portion of the existing 190,000 square foot Colleyville Downs shopping center located along the east side of SH26 between Glade Road and Centerpark Drive. The subject property is currently zoned CC2-Shopping Center district. A Special Use Permit for outside storage was approved on February 19, 2008 by Ordinance O-08-1660. Statement of Planning Objectives. Several outside sales areas were approved in conjunction with Ordinance O-08-1660 as described below. The applicant is proposing to increase the allowed height of the “Bulk Storage Area” from four feet (4’) to eight feet (8’). This area is primarily used for storage and display of stacked bags of mulch, soil, stones, and other similar products. In addition, relocation of the “Outside Sales Area” is requested in order to accurately reflect its current location at the end of the parking aisle directly to the southwest of the area approved by Ordinance O-08- 1660. The four (4) handicap-accessible parking spaces located in the new "Outside Sales Area" will be shifted to the aisle immediately to the northeast. The description of the current outside sales and storage areas is as follows (refer to the attached zoning exhibit): a. Outside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area #2: This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. c. Bulk Storage Area: Goods stored in this area shall be no higher than four feet Planning and Zoning Commission Agenda Briefing 4e City of Colleyville Page 2 (an increase to eight feet in height is requested). d. New Fenced Sales Area: This area shall be an extension of the existing chain- link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored of 8 feet. The screening slats shall be maintained and kept in good condition and appearance. Screening. The applicant is proposing to provide a row of Oakleaf holly bushes along Centerpark Drive in order to screen the outside storage areas. The holly bushes are planned to be installed six feet apart, and will be six feet in height at time of planting. Vegetation will be irrigated by a drip line. These requirements are outlined in the draft ordinance. Surrounding Development Trends. Properties surrounding the subject site on the north, east, and west are zoned CC2-Shopping Center and are developed as retail and office uses. Land to the south is zoned PUDR-Planned Unit Development Residential and is developed with single family residences. Public Notification. Staff mailed notices to all adjacent property owners within 200 feet of the subject property and all Homeowner Associations within 500 feet. Notification was also sent to the Grapevine Colleyville ISD per state law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received two letters of concern regarding this request. Summary. The proposed increase in height for the "Bulk Storage Area" from four (4) to eight (8) feet may negatively impact aesthetics of the site; however, this may be mitigated through installation of the proposed vegetative screening. The relocation of the "Outside Sales Area" as proposed would not be detrimental to the site. Recommendation Approval with the following conditions: 1. General a. All outdoor storage areas shall conform to the descriptions and locations shown on the attached Exhibit “B”. b. Section 4 (1) “c” shall be deleted. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, change in ownership of the hardware store, or the expiration or termination of the Certificate of Occupancy for the approved use. 2. Outdoor Storage Specifications a. Bulk Storage Area: Goods stored in this area shall be no higher than eight Planning and Zoning Commission Agenda Briefing 4e City of Colleyville Page 3 feet. 3. Screening a. A row of Oakleaf holly bushes shall be installed along Centerpark Drive to screen the outside storage areas. b. The plants shall be six feet in height at time of installation, and planted six feet apart. c. A drip line irrigation system shall be provided. d. Plants that are damaged or die must be replaced immediately. Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Letter of Concern 7.Letter of Concern 2 8.Statement of Planning Objectives 9.Zoning Exhibit 10.Proposed Screening 11.Ordinance O-08-1660 12.Ordinance O-15-XXXX CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN LA K E S H O R E C T GLA D E C R E E K D R CL E A R W A T E R CT CC-2 CC-1 R-MF PUD-R CC-1 601 4701 4801 710 4700 4712 4843 4709 4718 4800701 4714 4700 724 4607 4620 4603 4841 4717 4701 601 4605 4725 4616 4609 707 4700 4804 800 4704 600 812 4708 4608 4800 4712 4612 833 608 4608 808 804 829 700 613609 617 601 604 605 4808 825 4814 726 4922 714 4814 621 4603 710710 710 737 714 733 714 80146034603610 802 729 805 821 4602/ Subject Property Location and Zoning Map CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN LA K E S H O R E C T GLA D E C R E E K D R CL E A R W A T E R CT / Subject Property Aerial CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN LA K E S H O R E C T GLA D E C R E E K D R CL E A R W A T E R CT/ Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water Future Land Use Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address R&L Capital Properties Llc 6903 Shepherds Gln Colleyville Texas 76034 004800 Colleyville Blvd Fonberg, Peter D 5452 Glen Lakes Dr Ste 203 Dallas Texas 75231 004718 Colleyville Blvd 4714 Colleyville Blvd Prtnrs 8235 Douglas Ave Ste 655 Dallas Texas 75225 004714 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004701 Colleyville Blvd Daunis, Walter F & Letaine 106 Blue Stem Ln Haslet Texas 76052 004609 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004801 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004725 Colleyville Blvd Pardo, Lisa D 904 Saddlebrook Dr Colleyville Texas 76034 004607 Colleyville Blvd Harris, John 4808 Lakeshore Ct Colleyville Texas 76034 004808 Lakeshore Ct Erickson, Orlando Etux Anna 4804 Lakeshore Ct Colleyville Texas 76034 004804 Lakeshore Ct Rhodes, Dee Ann Etvir Joe 4712 Lakeshore Ct Colleyville Texas 76034 004712 Lakeshore Ct Wren, Donald C Etux Barbara 4704 Lakeshore Ct Colleyville Texas 76034 004704 Lakeshore Ct Talkington, Mary Alice 4708 Lakeshore Ct Colleyville Texas 76034 004708 Lakeshore Ct Charlotte Walters Family Trust PO Box 1669 Burnet Texas 78611 004800 Lakeshore Ct Hardin, Jo Dora 600 Creekview Ln Colleyville Texas 76034 000600 Creekview Ln Moyer, Cecilia C 604 Creekview Ln Colleyville Texas 76034 000604 Creekview Ln Johnson, Yvonne F 608 Creekview Ln Colleyville Texas 76034 000608 Creekview Ln Thomas, Barry J Etux Nancy E 800 Creekview Ln Colleyville Texas 76034 000800 Creekview Ln Nicholas, Rene Lou 808 Creekview Ln Colleyville Texas 76034 000808 Creekview Ln Fick, Gary Etux Rebecca Cast 804 Creekview Ln Colleyville Texas 76034 000804 Creekview Ln Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas Texas 75219 000724 Creekview Ln Patel, Geeta Tr 601 Creekview Ln Colleyville Texas 76034 000601 Creekview Ln Hasheesh, Abdul M Etux Nour A 605 Creekview Ln Colleyville Texas 76034 000605 Creekview Ln Winstead, Debra A 717 Creekview Ln Colleyville Texas 76034 000717 Creekview Ln Ross, Mickey K 721 Creekview Ln Colleyville Texas 76034 000721 Creekview Ln Espinosa, Roberto & Vilma 801 Creekview Ln Colleyville Texas 76034 000801 Creekview Ln Crumpler, John K Etux Kandis L 725 Creekview Ln Colleyville Texas 76034 000725 Creekview Ln Sorlie, Victor A Etux Linda 729 Creekview Ln Colleyville Texas 76034 000729 Creekview Ln Teague, Mary P Etvir Daniel 733 Creekview Ln Colleyville Texas 76034 000733 Creekview Ln Dehart, Doris 737 Creekview Ln Colleyville Texas 76034 000737 Creekview Ln Realty Income Tx Pro 1 Llc PO Box 460069 Escondido California 92046 004700 Glade Creek Dr Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004709 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004717 Colleyville Blvd Schwab Group Llc 714 Centerpark Dr Ste 100 Colleyville Texas 76034 000714 Centerpark Avia Properties Llc 714 Centerpark Dr Ste 140 Colleyville Texas 76034 000714 Centerpark Betty B Pannell Rev Liv Tr PO Box 815 Colleyville Texas 76034 000710 Centerpark 1 Chronicles 29:10‐20 Llc 6620 Cedar Grove Dr North Richland Hills Texas 76182 000714 Centerpark Colleyville Centerpark Assoc PO Box 47 Colleyville Texas 76034 000710 Centerpark Raphael Leasing Llc PO Box 820895 North Richland Hills Texas 76182 000710 Centerpark Kettle, Keith & Teresa S 714 Centerpark Dr Ste 120 Colleyville Texas 76034 000710 Centerpark Centerpark Colleyville Prtnrs 3008 E Hebron Pkwy Bldg 300 Carrollton Texas 75010 000000 Colleyville Blvd Ervin, Richard L Etux Terri 1155 W Wall St Ste 101 Grapevine Texas 76051 004700 Colleyville Blvd GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE Texas 76051 State Law Required Hoa ‐ Lakewood Estates 6707 Brentwood Stair Rd Fort Worth Texas 76112 COURTESY NOTICE LAKEWOOD ESTATES HOA 4908 LAKESHORE COURT COLLEYVILLE Texas 76034 COURTESY NOTICE Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas Texas 75219 COURTESY NOTICE Sara Smith 4701 Colleyville Blvd. Suite 100 Colleyville Texas 76034 Applicant Public hearing notices were mailed Wed., April 1, 2015 by Taci Wrisley Notification List CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN CLEAR LAKECT LA K E S H O R E C T CENT E R P A R K GLADE RD GLA D E C R E E K D R EDGEWATERCT LAKEWOOD DR SHADOWOOD TRL LAKER I D G E C T CL E A R W A T E R CT OLD GLADE RD 4501 601 4701 4801 4922 701 710 710 4814 4700 4712 633 4843 4709 4718 4800 4603 700 4714 4700 724 4607 901 4620 707 4841 4701 800 4717 601 4616 4605 4725 4609 4913 821 4604 4944 4700 4608 1001 4608 4600 624 4804 817610 4808 4928 4932 4701 629 800 4704 1005 600 4801 5519 4612 812 4708 4713 4800 628 4805 4902 4940 721 4936 4712 701 4709 4705 4925 833 608 813 49174903 733 737 905 729 808 801 804 825 829 490023082306 4605 4601 613609 4609 617 4613 709 725 601 717705 604 713 621 805625 809 605 4935 2300 1002 1000 4700 726 714 49042302 4601 2304 4603 710710 710 714714 1009 46034603 46014601 2100 1001 4701 802 4602 1001 / Subject Property Case ZC15-007 4701 Colleyville Blvd.Suite 100 Legend Properties within 200 feet Subject Property Parcels Buffer Map 1 From:Joel Hart Sent:Thursday, April 9, 2015 9:34 AM To:Geoffrey Owen; Sorlie Vic; Morse Billie; Stalford Beth; Hardin Jo Cc:Patia Boomsma; Taci Wrisley Subject:Zoning Variance for Ace Hardware Centerpark Dr. / Hwy 26 Attachments:Scan0001.pdf Friends and neighbors. Here are some of the things that concern me about the future zoning request by Ace Hardware. 1- Stacking 40 pound bag of manure, compost, mulch etc. to 8 feet can be hazardous to the employees of Ace Hardware also to the customers should they try to help themselves. I understand this should not be a concern of the zoning and planning commision. Its more for Ace Hardware management to consider. 2- The hedge is made of 6 foot tall hollies that should be measured from the ground up Not from the root ball up as we could end up with 4 foot bushes that would not cover half of the stacked products for the next five years. 3- The exterior products would still be very visible as you approach the store from south Centerpark Dr. To fix this problem the hedge should go all the way to the end of the side garden rather than simply behind the 8 foot stack of material. 4- I believe the hedge should be installed prior to granting the Zoning change to avoid discrepancies on the size, height and number of the hollie bushes. 5- The outside sales area has been moved prior to the Zoning change. This is simply my opinion. I like the store and Sarah the manager. The hedge should have been installed many years ago when they started stacking materials outside. If I am in town I will attend the zoning and planning commission meeting. I will also e mail my opinion to the President of the commission and all respective people. Some questions to ask: Will the change increase the city's revenue? Will the change improve safety ? 24ft" fire lane access. Will the change ad to the esthetics of the area? Will the change complement the developers recent investments in the shopping center? The Chairman of the Zoning and Planning commission is Mr. Jeffrey Byerly. His e mail is JeffByerly@tx.rr.com The e mail if you can not attend should be sent to Ms. Patia Boomsma AICP pboomsma@colleyville.com Joel C. Hart Letter of Concern Letter of Concern 1 Patia Boomsma From:Beth <bstalfordtx@verizon.net> Sent:Thursday, April 9, 2015 1:10 PM To:Patia Boomsma Subject:Zoning Variance for Ace Hardware Centerpark Dr. / Hwy 26 Follow Up Flag:Follow up Flag Status:Completed Dear Ms. Boomsma, I live in the Cambridge Place community off of Centerpark - across the street from Ace Hardware. Ace Hardware is very convenient for many residents. However, it is the only store in Colleyville Downs without shrubbery to hide outdoor products and dumpsters. Dumpsters are always hidden from view of the street. I’m sure you have noticed that neighboring Lowe’s and Home Depot stores are strictly enforcing no outside storing of materials and dumpsters are hidden. I would like to see the commission take advantage of Ace Hardware’s zoning request and make them extend the new landscaping plan to cover current eyesores. Thank you very much, Beth Stalford 701 Creekview Lane 817/941-1816 Confidential Property of Westlake Hardware, Inc. Community Development Services Application for Special Use Permit Amendment to existing Ordinance O-08-1660 Applicant: Westlake Hardware, Inc. Date: March 26, 2015 STATEMENT OF PLANNING OBJECTIVES: Westlake Hardware, Inc. wishes to amend the current Special Use Permit for Outdoor Display and Storage. We currently have a Bulk Storage Area that allows for goods to be stored up to four feet in height. Our bulk bagged goods for this area are shipped in 8 foot tall pallets. To break down the product manually in order to comply with the existing Special Use Permit requires a great amount of additional labor, as well as takes up additional space. Westlake is hoping for approval to store these bulk bagged goods at the specification of up to 8 feet tall. If approved, Westlake will install an evergreen landscape screen in order to shield the visibility of the bulk storage area. The existing Ordinance O-08-1660 authorizes a Special Use Permit for Outdoor Display and Storage. The objective of this Application is to amend the Specifications in Section 4. 2. Outdoor Storage Specifications as described in the below: 2. Outdoor Storage Specifications a. Outside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area #2: This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. c. Bulk Storage Area: Goods stored in this area shall be no higher than four eight feet. d. New Fenced Sales Area: This area shall be an extension of the existing chain-link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored 8 feet. The screening slats shall be maintained and kept in good condition and appearance. f. Fire Lane: A 24-foot fire lane shall be maintained around the building. The “Exhibit B – Site Plan” shall be deleted and replaced with the attached updated Exhibit B – Site Plan. The Outside Sales Area described in Section 4.2.a and also noted on the original Site Plan approved with O-08-1660 is also proposed to be slightly amended. The original Special Use Permit was approved in 2008. In 2011, the Property Owner and Westlake entered into an Amendment moving the Outside Sales Area to the southwest one aisle. This needs to be amended and updated for the O-08-1660 as well. Thank you for your consideration. Statement of Planning Objectives Westlake Ace Hardware 20,400 sf Landscape Notes: Install an evergreen hedge as a screen around the product loading area on South side of parking lot facing Centerpark Drive. Proposing to use 6’ tall ‘Oakleaf’ hollies planted on 6’ spacing, which will grow together and can be maintained as a screen for entire 150’ area of approved Bulk Storage Area. Oakleaf hollies are fast growing to 14 ft. tall and 6 ft. wide, and may be maintained as a sheared hedge or kept natural. Prior to installation, irrigation will need to be repaired in this area and retrofitted for the new planting bed. The bed will contain drip irrigation and be top dressed with hardwood mulch for a clean appearance. Existing trees will remain and the hedge will be planted accordingly. ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Scale 1” = 96’ .25” = 24’ Outside Sales Area 36’x68.5’ Live Goods Outside Sales Area #2 120’ long along sidewalk Bagged goods, firewood, landscape edging, plant racks New Fenced Sales Area 38.5’ x 98’ Live Goods, Pavestone, rock, soils Fenced Storage Area 36’ x 68.5’’ Overstock goods, mulches, soils, rock Bulk Storage Area 14’ x 150’’ Palletized goods, mulches, soils, stones, bagged goods Proposed Landscaping See Landscape Notes below 24’ Fire Lane Access ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Detailed Landscape Plan Colleyville Downs – Westlake Ace Hardware Westlake Ace Hardware utilizes a section of the south parking lot to display bulk bagged products such as mulch and soil for ease of loading for customers. In the interest of the ability to store those bulk products as they come in 8’ tall pallets, we desire to be a good neighbor to the community and adjacent homeowners’ association, by installing an evergreen hedge as a screen around the bulk storage area. We have landscaping bids proposing to use 6’ tall ‘Oakleaf’ hollies planted on 6’ spacing, which will grow together and can be maintained as a screen. The bed will contain drip irrigation and be top dressed with hardwood mulch for a clean appearance. Existing trees will remain and the hedge will be planted accordingly and will allow the hollies to mature. Current View Proposed Screening Proposed Screening ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Proposed Screening after some growth Site Plan Proposed Screening ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Oakleaf Red Holly A hybrid holly with a tall, elegant, pyramidal form; foliage is similar in shape to that of an oak, emerging bronze to burgundy in spring and maturing to emerald green. Fast growing to 14 ft. tall and 6 ft. wide, may be maintained as a sheared hedge or kept natural. Sample photos showing matured growth: Proposed Screening ORDINANCE 0-08-1660 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1 R, BLOCK 2 OF THE VILLAGE PARK ADDITION, LOCATED AT 4701 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR OUTDOOR DISPLAY AND STORAGE; 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-08-004; 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 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 Ordinance 0-08-1660 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, by authorizing a Special Use Permit for outdoor display and storage, as depicted on Exhibit "A", labeled as Location and Zoning Map. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit shall only apply to the use of a hardware store on the subject property. b. All outdoor storage areas shall conform to the descriptions and areas shown on the attached Exhibit "B", labeled as Site Plan. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy for the approved use. 2. Outdoor Storage Specifications a. Outside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area #2: This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. Ordinance 0-08-1660 Page 3 of 4 c. Bulk Storage Area: Goods stored in this area shall be no higher than four feet. d. New Fenced Sales Area: This area shall be an extension of the existing chain-link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored of 8 feet. The screening slats shall be maintained and kept in good condition and appearance. f. Fire Lane: A 24-foot fire lane shall be maintained around the building. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. Ordinance 0-08-1660 Page 4 of 4 ATTEST: , Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor 1;~~ ~. Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map Exhibit B -Site Plan 1, 1F1ES1L'~lCE~Ha~.Ra4~~AfiE - SI;'1`E P L~tN r+1W' ~ 1 _ ~~Y.. _ ..see ~` If ~"' M ~6 R • If i 1 ~ ~ ~ ; ~ ~~~ .~r s+w wr.i ~~ ~ e.e~ '~ .~.~. ..,~. _ ,. r" f..`~.....,.,~ .~ t}u#side 7r 1~ ~ 1F71C SN#~ ~•'~'°~ S~II~S Y l ~~V'.9Q Area I ~te;rrIOutsider^ Aroma{2~ ,~ ~~. r ~..~ .~~:. Hulk ' .r ~. Storm ~„ ~ r - Area , Propdsed d Fe e~d USIIdE.'SS'Saies Area .~ Ft~catprint rte ~ ~ ~ L,, r e4 .z~ 0~5r FS" ~ w ~~ ! Fenced ' ~"~T 5tora~e Area ~ 3 , `.~' ~ , . ~, . ~. ,~ W. -w...W.., ..r. rr14~.... wr.. ~T ~~lV'~ MKF~ ww. ~. ORDINANCE O-15-XXXX AN ORDINANCE AMENDING ORDINANCE O-08-1660 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 O-08-1660 on February 19, 2008, to grant a Special Use Permit for outside storage on Lot 1R, Block 2 of the Village Park Addition, located at 4701 Colleyville Boulevard; and WHEREAS, the applicant has requested an amendment to Ordinance O-08- 1660 to increase the height of the “Bulk Storage Area” from four feet to eight feet, install an irrigated vegetative screen along Centerpark Drive, and relocate the “Outside Sales Area” to the end of the parking aisle immediately to the southwest of its current location under case number ZC15-007; 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 Ordinance O-15-XXXX Page 2 of 4 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 O-08-1660 to increase the height of the “Bulk Storage Area” from four feet to eight feet, install an irrigated vegetative screen along Centerpark Drive, and relocate the “Outside Sales Area” to the parking aisle immediately southwest of its current location. Sec. 3. THAT the above described tract of land depicted in Exhibit “A” shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. All outdoor storage areas shall conform to the descriptions and locations shown on the attached Exhibit “B”. b. Section 4 (1) “c” shall be deleted. Ordinance O-15-XXXX Page 3 of 4 c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, change in ownership of the hardware store, or the expiration or termination of the Certificate of Occupancy for the approved use. 2. Outdoor Storage Specifications a. Bulk Storage Area: Goods stored in this area shall be no higher than eight feet. 3. Screening a. A row of Oakleaf holly bushes shall be installed along Centerpark Drive to screen the outside storage areas. b. The plants shall be six feet in height at time of installation, and planted six feet apart. c. A drip line irrigation system shall be provided. d. Plants that are damaged or die must be replaced immediately. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional . Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its Ordinance O-15-XXXX Page 4 of 4 passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2015. The second reading and public hearing being conducted on the 1 2th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map SITE Exhibit “B” – Zoning Exhibit Sites PUDR PUDR