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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-02/8/2016 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 8, 2016 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Wheelwright PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES January 11, 2016 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. CONSENT AGENDA ITEMS 3a Consideration of a combination preliminary/final plat on Abstract 1034, of the G.W. Minter Survey, located at 5017, 5113, and 5201 Roberts Road, Case PC15-032 4. PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Agenda February 8, 2016 City of Colleyville Page 2 4a Consideration of a Special Use Permit for a day care center on Lot 3, Block 6R, of the Woodbriar Estates West Addition, located at 300 West Greenbriar Lane, Case ZC15-023 4b Consideration of a zoning change from the R40-Single Family Residential zoning district to the R30-Single Family Residential zoning district on Lot 1, Block 1, of the Harden Addition, located at 4916 Behrens Road, Case ZC15-021 4c Consideration of a Special Use Permit for alcohol beverage sales (on- premises consumption) on Lot 23, of the Village at Colleyville Addition, located at 62 Main Street, Case ZC16-001 4d Consideration of a combination preliminary/final plat for four total (Lots 1-4, Block 1, of the Hodgkiss Place II Addition), of Abstract 294, of the R. Chowning Survey, being a replat of Lot 13, Block 16, of the Highland Meadows Phase II Addition, located at 6200 and 6210 Pool Road, Case PC15-020 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards February 5, 2016 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 02/08/2016 Number Type Approval of Minutes Department Community Development Title January 11, 2016 Explanation Recommendation Attachments 1.Planning and Zoning Commission Meeting Minutes - January 11, 2016 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 11, 2016 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 January 11, 2016 at 7:07 p.m. Roll Call Present: Commissioners David Wheelwright, Jason Elms, Carel Tornes, David Phelps, Jim Gotcher, Don Davis, and Jeff Byerly Staff Present: Abra Nusser, Shane Pace, Taci Wrisley, Cheryl Taylor, Rob McKeown, Brian Riley, Marty Wieder, and Matthew Boyle (City Attorney) 1. APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the November 9, 2015 and December 14, 2015 minutes as corrected. Commissioner Davis seconded. The motion to approve the November 9, 2015 and December 14, 2015 minutes as corrected carried by the following vote: Aye: 7 – Tornes, Elms, Wheelwright, Gotcher, Davis, Phelps, 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. PUBLIC HEARING AGENDA ITEMS 3a Consideration of an amendment to the PUDC-Planned Unit Development Commercial zoning requirements on Abstract 180, of the J.L Byas Survey, located at 1603 Hall Johnson Road, Case ZC15- 004 Shane Pace presented the case and briefed the Commission. Planning and Zoning Commission Minutes January 11, 2016 City of Colleyville Page 2 The public hearing was opened at 7:21 p.m. Thomas Monks, the applicant, came forward to answer questions. The following wished to record their support but did not wish to speak: Clint Clemens, 1608 Arbuckle Drive, Justin, Texas 76247 Patrick Newburn, 8629 Saddle Ridge Trail, North Richland Hills, Texas 76182 There being no one else wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Tornes made a motion to approve Case ZC15- 004 with the following conditions: 1) approve waivers 1-4 & 6; 2) a decorative masonry wall will be required around the dumpster on three sides (west, north, and east) however, no metal gate will be required on the enclosure; 3) allow four portable storage containers for an indefinite timeframe, in the southwest corner of the subject property, to be located a minimum of 25 feet from any adjacent residential zoned property, on an approved surface (gravel, asphalt, or concrete), to be relocated within one year of issuance of Certificate of Occupancy for the new building. Commissioner Phelps seconded. The motion to approve Case ZC15-004 with the following conditions: 1) approve waivers 1-4 & 6; 2) a decorative masonry wall will be required around the dumpster on three sides (west, north, and east) however, no metal gate will be required on the enclosure; 3) allow four portable storage containers for an indefinite timeframe, in the southwest corner of the subject property, to be located a minimum of 25 feet from any adjacent residential zoned property, on an approved surface (gravel, asphalt, or concrete), to be relocated within one year of issuance of Certificate of Occupancy for the new building. carried by the following vote: Aye: 7 – Tornes, Elms, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 7:53 p.m. Planning and Zoning Commission Minutes January 11, 2016 City of Colleyville Page 3 The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on February 8, 2016 by a vote of ______. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 02/08/2016 Number Type Regular Agenda Items Department Community Development Title Consideration of a combination preliminary/final plat on Abstract 1034, of the G.W. Minter Survey, located at 5017, 5113, and 5201 Roberts Road, Case PC15-032. Explanation Charles Stark, the applicant, requests approval of a Combination Preliminary/Final Plat for the The Villas at Windsor Steele Addition (formerly referred to as the MirAvanti Addition) on approximately 2.61 acres, located at 5017, 5113 and 5201 Roberts Road. The applicant proposes to create 12 lots with one common area and a private, non- gated slip road (also in a common area). Existing Conditions/Background: The subject property was rezoned by City Council on September 15, 2015, from the AG – Agricultural District to the PUD-R – Planned Unit Development Residential District (ZC15-011), Ordinance O-15-1964. The subject property, generally located north of Glade Road and on the east side of Roberts Road, is unplatted and developed with three single-family residential homes with accessory structures that the applicant has indicated would be demolished should the development proceed. Lot Dimensions and Setbacks: Per Ordinance O-15-1964, the proposed plat shall meet the following standards: Minimum Lot Area: 4,882 square feet Minimum Lot Width: 50 feet Minimum Lot Depth: 97 feet Minimum Front Yard Setback: 10 feet Minimum Side Yard Setbacks: 5 feet Minimum Rear Yard Setback: 10 feet Maximum Lot Coverage: 66 percent Maximum Building Height: 30 feet Maximum Residential Density: 6.3 dwelling units per acre (12 divided by 1.92) Minimum Open Space: 19,668 square feet or 17.3 percent of the gross acreage As submitted, the proposed plat meets all of the requirements of Ordinance O-15-1964 and the Land Development Code. Fees: Park Land Dedication fees are required, in the amount of $1,802 per residential lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: The proposed subdivision must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage per Chapter 5. The applicant has submitted preliminary tree-related information reflecting that a waiver to the minimum tree canopy will be required for the development intended by the applicant. If the minimum tree canopy is not proposed to be maintained, the applicant will be required to request a waiver from the Planning and Zoning Commission prior to the issuance of any permits. Right-of-Way Dedication: The Master Thoroughfare Plan designates Roberts Road as a Minor Collector. Based on this classification, 75 feet of right-of-way dedication (37.5 feet from the centerline of the street) is typically required. The reduction in right-of- way dedication from the required 37.5 feet for this property to 26 feet along Roberts Road was contemplated with the recent PUD-R rezoning. The proposed plat conforms to the approved PUD-R exhibit. Drainage and Stormwater Runoff: As required by the Land Development Code, drainage and engineering plans have been submitted with the proposed plat. Water and sanitary sewer services will be installed as part of the development process. The developer is responsible for the extension of water and sewer service lines to the individual lots. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: AG- Agricultural District (Covenant Church) AG- Agricultural District (Single Family Home) AG- Agricultural District (Single Family Home) AG- Agricultural District (Covenant Church Soccer Fields) Subject Property PUD-R (Residential Subdivision) PUD-R (Heritage Oaks Residential Subdivision) AG- Agricultural District (Covenant Church Soccer Fields) AG- Agricultural District (Pleasant Glade Baptist Church) PUD-R (Heritage Oaks Residential Subdivision) Public Notification: Notification of property owners is not required for the approval of Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 a Combination Preliminary/Final Plat. However, the agenda was posted in advance of the meeting for public review per standard procedure and the Texas Local Government Code. Staff Recommendation: The proposed Combination Preliminary/Final Plat meets the requirements of Ordinance O-15-1964 and the Land Development Code, therefore staff recommends approval. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Existing PUD Ordinance 4.Plat Exhibit R O B E R T S R D FOX MEADOWS DR BUR OAK DR P O S T O A K T R L HE R I T A G E A V E BLACKJACK OAK DR COPPERGL E N C I R QU E E N S B U R Y WA Y E C H I N Q U APIN D R H E R IT A G E O A K S D R H E R I T A G E O A K S D R BU G L E L N ST ALBANS CIR A U B U R N D A L E A V E RO B E R T S R D SHUMARD OAK LN AMBERLEYCT EV E R S H A M CT HUNTINGTON DR MA R T I N P K W Y ROTHS C H I L D HE R I T A G E A V E 5300 5008 5008 3400 4908 5260 3408 5309 5303 3708 3830 5311 5049 5205 3801 5017 5207 3404 5201 3711 3801 5112 5113 5117 5113 3608 3612 4904 4916 4912 5000 5017 5101 5013 4905 5004 3406 5105 3304 3605 5009 5016 4902 5104 5109 5100 5008 5108 5012 4908 5001 3700 5005 3404 3609 5110 5201 4906 3809 5203 4906 4904 4902 5207 5301 3305 5202 5300 5204 5205 5302 3916 0 3613 4900 5044 5123 5126 3510 4903 3402 3511 5121 4907 5200 3506350435083404 3501 4905 3505 3500 3507 5148 3403 5069 3402 5001 5020 3805 5024 3732 5017 5120 5013 3724 5009 3800 5004 5060505650525057 5032 5008 3704 5012 5036 5005 5061 5064 5065 37163712 37283708 5016 5053 4904 3740 3913 3701 5138 390537603901 3705 50685066 50485044 5028 3933 5141 50545058 5050 5053 5137 3748 5140 505850615062 4900 5120 3720 38083812 3908 3724 383651423700 5000 5116 4190 51325138 3704 3824 3828 3832 5201 5209 52033698AG RD RD PUD-RR-30 CC-1 PUD-R PUD-R PUD-RPUD-R PUD-R / Subject Property GLADE RD Zoning Map R O B E R T S R D BUR OAK DR P O S T O A K T R L BLACKJACK OAK DR COPPERGL E N C I R C H I N Q U APIN D R H E R I T A G E O A K S D R H E R I T A G E O A K S D R A U B U R N D A L E A V E R O B E R T S R D SHUMARD OAK LN 5008 5008 5300 3708 5303 5049 5205 5017 5207 5201 5113 5117 5113 5017 5101 5013 5105 5044 5009 5109 5123 5005 5001 5069 5020 5001 5024 5013 5009 5004 5060 5056 5052 5057 5008 5012 5005 5061 5064 5065 3510 5114 5062 5066 5048 5044 5028 5052 5058 3502 3504 3506 3508 5070 514051295133 512151255120 5100 5124 0 4900 51265121 5148 5049 5017 5112 5120 50325036 5028 5040 5016 5053 5104 3740 3777 3701 5138 3760 50563757 3772 3705 5068 5141 5108 5137 5100 3748 3769 3744 5036 37683764 5060 5144 5134 5032 5130 5064 5133 3720 380838123724 3836 5142 3700 3900 51165112 5104 3728 5132 3800 5138 3704 382437083820 3816 3716 5108 3828 5128 5134 38323916 3698 3842 5048 5149 2693 3908 5012 5072 3736 / Subject Property Aerial Map ORDINANCE 0-15-1964 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, 'TEXAS, BY CHANGING THE ZONING ON 2.60 ACRES IN THE G.W. MINTER SURVEY, ABSTRACT 1034, LOCATED AT 5017, 5113, AND 5201 ROBERTS ROAD FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC15-011; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein, and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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 Ordinance 0-15-1964 Page 2 of 6 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 2.60 acres in the G.W. Minter Survey, Abstract 1034, located at 5017, 5113, and 5201 Roberts Road from the AG-Agricultural zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and as legally 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 PUD-R is for a single family residential development of 12 detached dwelling units, constructed at a maximum net density of 6.3 dwelling units per acre (12 divided by 1.92 acres). b. The subject property is subject to all the regulations contained in the Land Development Code, except as noted herein. 2. Development Plan a. The development shall be generally consistent with Exhibits C" and "D" relating to the layout and common open space, which shall not be considered the associated plat. The actual Ordinance 0-15-1964 Page 3 of 6 street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage, or other conditions. All final details are subject to the other provisions of this ordinance and all other City codes and regulations. b. The development shall provide a slip road, similar to the one in attached Exhibit "E." The photos represent the character and look the slip street shall have. c. Homes constructed shall generally comply with the building materials, architectural style, and scale of the architecture as shown in the renderings contained in Exhibit "F." d. Homes constructed shall utilize 100 percent masonry materials on all facades, excluding windows, doors and trim. e. Homes shall feature wooden or faux-wood garage doors. f. A six-foot masonry wall shall be provided along the northern and southern property lines, extending from the eastern property line and existing masonry wall of Heritage Oaks to the front building line of proposed Lots 1 and 12. 3. Permitted Uses a. Single Family Detached Dwellings b. Common Open Space Areas 4. Residential Lot Requirements and Setbacks Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size: 4,882 square feet b. Minimum Lot Depth: 97 feet c. Minimum Lot Width: 50 feet d. Front Building Line: 10 feet Ordinance 0-15-1964 Page 4 of 6 e. Side Building Line: 5 feet f. Rear Building Line: 10 feet g. Maximum Lot Coverage: 66 percent h. Maximum Building Height: 30 feet 5. Open Space and Landscaping a. This development shall provide a minimum of 17.3 percent common open space, as shown on Exhibits "C" and "D" which shall be for the aesthetic, leisure, and recreational enjoyment of the development's residents. The open space shall comply with the provisions contained in the Land Development Code except as noted herein. All open space areas shall be landscaped and maintained by the Homeowner's Association HOA). b. A minimum of eight, three-inch caliper trees shall be planted on proposed Lot 13 by the developer, prior to the final acceptance of the subdivision. c. A minimum of one, three-inch caliper tree shall be planted in each residential lot front yard. d. The two existing trees as noted on Exhibit "D" shall be preserved. Should the two trees be removed, the caliper inches shall be replaced with trees meeting the standards of the Land Development Code at the rate of three times the removed tree's caliper inches. e. The median between Roberts Road and the slip road shall contain one tree for every 30 linear feet, to be provided by the developer prior to final acceptance of the subdivision. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Ordinance 0-15-1964 Page 5 of 6 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in" order to permit its proper development and in order to protect the public interest, comfort, and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of September 2015. The second reading and public hearing being conducted on the 15th day of September 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 15'- day of n..iae 2015. ATTEST:CITY OF COLLEYVILLE At 0/ lr(\, Ani elley, -. MC David Kelly City Secretary Mayor Ordinance 0-15-1964 Page 6 of 6 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle Bei, L. St of City Attorney A SS 'f C)1? A f v 1eZLourr , LSV Exhibit A -Location and Zoning Map to :, 5303• 5?07. j, 1 SZI15 7 Sui1)ect Prclperty •; E siaas b41B 5437 ' 5144 ,, 5204'' S133i StAil 1 6,t19 c 5'135 3a. s KAU 4, .,. •, "St:55:: 5152 d' 5108 s 5 S -5121 Ei"' 5114 12 i,''rattlT 5104;.R[ r St45 5713'' IIs ' s . St44 St' n T. 3d AlYom 5lrlt'-= ! L,._,-.'-iP„ DA'- , ---- , iggoi. . ,i -.7.,, -',. * if, ...'"" 1 b No ,, c.. a 6[ 5016 :,Q:. ':, a fl e1t a4$8 a,2,:::-,,. 5494 + + s A 3Q 5012 : 1.1t< ` 113 t049: 5424 9 x•50033,. 049 - . SIf52=_+ C157: •• • 5048- • F 5024 5413' SC+Sfi^ yet ' '-, t `,3 :.' 4 5005 5401 S , x:., . 4 . 3748':` 5084.: E rq % 005 5454- q r s ti . 5000 : , C. •' 5044 .,_.3 mi, _._-.W,,_ktm s ',,,•,,,-„ J, ___._.+ Exhibit B - Legal Description Being a tract in the G.W. Minter Survey, Abstract 1034, City of Colleyville, Tarrant County, Texas conveyed to Kenneth W Sauer, etux, recorded in Document No. 211194191, James Lecocq recorded in Document No. 203104559, and Ted Scribner, etux recorded in Vol. 5564 Page 899 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows with bearings related to the west line of Heritage Oaks recorded in Cabinet"A" Slide 11704 of the plat records of Tarrant County; Beginning at the northwest corner of said Heritage Oaks; THENCE S00/48'20"E, a distance of 304.48 feet along said west line to a point for a corner; THENCE S00/33'05"E, a distance of 456.18 feet continuing along said west line to a point for a corner in the north line of Lot 1 Block 1 Pleasant Glade Baptist Church Addition recorded in Cabinet "A" Slide 7691 of said Plat Records; THENCE S88/30'45"W, a distance of 144.98 feet to a point for a corner in Roberts Road; THENCE N01/52'36"W, a distance of 289.95 feet to a point for a corner; THENCE N00/39'22"W, a distance of 286.54 feet to a point for a corner; THENCE N88/51'25"E, a distance of 6.77 feet to a point for a corner; THENCE N00/48'20"W, a distance of 185.47 feet to a point for a corner in the south line of a tract conveyed to Thomas Arnold recorded in Document 203464501 of said deed records; THENCE N89/01'26"E, a distance of 144.90 feet along said Arnold south line to the POINT OF BEGINNING and containing 2.60 acres, more or less. 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USER: GARY GREENPLOTTED ON: 2/3/2016 11:50 AMFILE NAME: X:\299 DFW ADVISORS\9319 COLLEYVILLE ROBERTS ROAD\00 CAD\00 DWG\06 PLAT\299-9319 THE VILLAS AT WINDSOR STEELE.DWG S T M / M N M L A N D V E N T U R E I , L L C 4 2 0 9 G a t e w a y D r i v e , S u i t e 2 0 0 C o l l e y v i l l e , T e x a s 7 6 0 3 4 S u r v e y o r ' s C e r t i f i c a t i o n K N O W A L L M E N B Y T H E S E P R E S E N T : T h a t I , C h a r l e s F . S t a r k a R e g i s t e r e d P r o f e s s i o n a l L a n d S u r v e y o r l i c e n s e d i n t h e S t a t e o f T e x a s , d o h e r e b y c e r t i f y t h a t t h i s P l a t i s t r u e a n d c o r r e c t a n d w a s p r e p a r e d f r o m a n a c t u a l s u r v e y m a d e u n d e r m y s u p e r v i s i o n o n t h e g r o u n d . 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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 02/08/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for a day care center on Lot 3, Block 6R, of the Woodbriar Estates West Addition, located at 300 West Greenbriar Lane, Case ZC15- 023 Explanation Shalini Singh, the applicant, requests approval of a Special Use Permit (SUP) to allow for a day care center (Sherwood Montessori Academy) on approximately 0.6 acres, located at 300 West Greenbriar Road. The commercial property is currently vacant and was previously occupied by a children’s reading center (Reading Friends) and pre- school/daycare facility (La Petite Academy). The applicant is requesting waivers from certain requirements of the Land Development Code, due to the existing nonconforming items on the property. Additionally, the applicant has proposed to make several improvements to the site as outlined below. Existing Conditions/Background: The subject property is generally located just east of Colleyville Boulevard and south of Cheek-Sparger Road. It is platted as Lot 3, Block 6R, of the Woodbriar Estates West Addition, and developed with one existing commercial building which is proposed to remain. The applicant’s purchase of the subject property is contingent upon the granting of the proposed Special Use Permit. Sherwood Montessori Academy will be a new business which currently is not in operation in another location. Since the previous user of the subject property had a daycare component, the building is suited to the proposed daycare use, including playground equipment in a fenced yard and other layout and site features of a daycare use (ex. classrooms). Proposed Special Use Permit: The subject property is zoned CN-Neighborhood Commercial District. Section 3.25 of the Land Development Code states that a Special Use Permit (SUP) is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” Further, Section 3.24 of the Land Development Code establishes the requirement for an SUP for a daycare center in the governing zoning district. The applicant submitted a Statement of Planning Objectives which is attached for Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 2 review. The proposed business seeks to operate an early childhood development and daycare center, utilizing the Montessori Method of education. The business plans to provide services to children ranging in age from six months to 12 years old. The business plans to maintain approximately seven full-time employees, and operate the facility between 6:30 am and 6:30 pm. The Land Development Code states that an SUP may be granted given “adequate development standards, and special requirements should be imposed to protect surrounding uses or to preserve the character of the neighborhood.” As such, non- conforming issues may be requested to be brought into compliance by the City Council through the SUP approval process but can also be granted as “waivers” if found to be acceptable on the given site or for the particular user. The following information outlines the existing nonconformities on the site, and the applicant’s request for waivers. Parking: Request – The applicant is requesting a waiver to the minimum parking requirements for a daycare center. The site currently provides 14 parking spaces and one pick- up/drop-off lane versus the 18 parking spaces and one pick-up/drop-off lane required (a deficit of four spaces). The applicant has stated that the parking will only be utilized at peak times throughout the day, such as drop-off and pick-up times, and for limited durations of time. Ordinance – Section 3.29 of the Land Development Code establishes a minimum parking requirement for a day care center of one space per five pupils plus a drop-off and pick-up area. The applicant has indicated the anticipated enrollment will be approximately 80-90 pupils. The applicant has also been informed that all required parking will be required to be restriped prior to the issuance of a Certificate of Occupancy. Analysis – There are numerous parking spaces adjacent to the subject property on the surrounding commercial sites that could provide potential opportunities for off-site parking agreements. The facility could utilize the nearby off-site parking spaces for facility staff and peak overflow parking. Staff recommends the applicant secure an off- site parking agreement or reduce the proposed number of pupils at the facility. In the event a waiver from the parking requirements is not granted by City Council, a secured off-site parking agreement, or verification of maximum enrollment not exceeding the available parking on-site, will be required prior to issuance of a Certificate of Occupancy. Currently, the site utilizes hand carts (i.e. toters) for trash collection. There is no requirement in the Land Development Code for dumpsters to be included on commercial properties. In the event a commercial dumpster is placed on-site, there is a potential for a loss of additional parking spaces. The addition of a commercial dumpster on-site would require staff review, to ensure adequate parking remains. In Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 3 the event parking falls below the required minimum, an amendment to the SUP will be required. Landscape Buffer: Request – The subject property is adjacent to a single family residence and residential zoning district to the east. The applicant is requesting to provide an alternative landscape buffer on the east side consisting of the existing site features. There are two existing mature trees in the required buffer, one at the northeast corner of the subject property and another approximately 45 feet to the south, on top of the existing retaining wall. The subject property is at a lower elevation than the residential property to the east. The six-foot retaining wall, in addition to the wooden residential fence, provides an approximate 12-foot visual screen between properties. There is no grass along the buffer, but there are wood chips in the majority of the yard to serve as playground surface, including the required 20-foot buffer. There are two existing playground structures and an existing basketball hoop with small pavement area currently within the required buffer. Ordinance – Chapter 4 (Landscaping) of the Land Development Code requires a 20- foot greenbelt with live evergreen plants, minimum six feet in height after two years, minimum three feet in height at the time of planting, and maximum six feet on-center along the entire border between the proposed commercial use and the adjacent residential use to the east. Analysis – Although there is a significant difference in elevation between the subject property and the residential property to the east, new trees, if planted to meet the intent of the requirement, could eventually grow to the height of the eastern wall to provide additional screening between the properties. The addition of two more trees, where practical along the required buffer, could improve the landscape screening between properties over time. Screening: Request – The subject property is adjacent to a single family residence and residential zoning district to the east. The applicant is requesting to provide an alternative screening device on the east side consisting of the existing six-foot retaining wall and the six-foot residential wooden fence on top of it, for a wall totaling approximately 12 feet tall. Ordinance – Chapter 3 (Land Use) of the Land Development Code requires an eight- foot, decorative, masonry wall between the proposed commercial use and residential lot and district to the east. Analysis – The addition of the required masonry wall would be duplicative in this Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 4 instance and would provide no additional screening between the subject property and the adjacent home to the east. Commercial Design Standards: Request – The existing building is required to come into conformance with architectural criteria contained in Chapter 6 (Commercial Design Standards) of the Land Development Code. The applicant has not submitted a Commercial/Institutional Building Design Factor Worksheet since the building is existing and no architectural elevation drawings are available. It is possible that the building could meet the Standards, but verification could not be completed without the required documentation. The applicant is requesting a waiver to demonstrating compliance with the minimum design score and exterior finishing materials (described below) but has committed to making the following improvements to the building and site regardless of the design score: 1. Change the look of the roof by installing a metal roof. 2. Install windows on the exterior of Pre-Primary and Primary classrooms. 3. Repaint the exterior walls to a softer color. 4. Add an extra step at the entrance. 5. Repair the patio in the backyard. 6. Stain the fence and fix the backyard door. 7. Remove the tree at the entrance of the building, as the tree is breaking the sidewalk and stops the front view of the building. Ordinance – Chapter 6 (Commercial Design Standards) of the Land Development Code requires a minimum design score of 30 except where required to be higher or lower as a condition of a Special Use Permit or Planned Unit Development. The building is also required to come into conformance with the following exterior finishing materials requirement: “Materials: The exterior walls of all commercial and institutional buildings constructed as provided for in this chapter shall be composed of 100% percent masonry, glass, or other equivalent material. However, building accents such as wood, EIFS, Hardie Plank or decorative metal trim are permitted such they do not exceed 15 percent of the total exterior wall surface area. Mixing of more than one type of masonry material for exterior walls is encouraged. For the purposes of this chapter, approved non-glass, masonry materials may include brick, finished concrete, stone (natural and man-made), and cementitious stucco. Unfinished concrete masonry unit products such as cinder block or tilt-wall sections are permitted but must have an architecturally finished surface such as split-face, rusticated, natural stone, etc.” The existing building, constructed in 1984, has both brick and wood siding. The percentage of masonry coverage has not been calculated, due to the lack of architectural drawings, but it is possible that the wood siding comprises more than 15 Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 5 percent of the total exterior wall surface area. Analysis – The existing building is of a distinct architectural style, exhibiting a slanted wood detailing, alternating with walls of complementary brick, mansard roof areas, and a well-defined entry. Should the applicant be permitted or required to repaint the exterior with a different color, it is recommended that the brick not be painted in order to maintain the architectural integrity of the structure. The replacement of the roof shingles with metal could provide an updated look to the structure but could also detract from the building’s architectural style. A building permit application will be required prior to the change of any new roofing material. Staff will review the application to ensure the architectural style of the building is not altered. Repainting of any portion of the building will need to meet the color requirements set forth in Section 6.5-Exterior Building Color and Materials, of the Land Development Code. The requested waivers are appropriate should the architectural style of the building be considered as an asset to the site. Additionally, staff recommends that any new exterior lighting on the site be screened from residential properties. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property as located within the Southern Gateway of the Colleyville Boulevard Corridor. Additionally, the subject property is located near a Sales Tax-Preferred Intersection. One of the major goals of the comprehensive plan is to address the redevelopment and enhancement of properties along the Corridor, and to facilitate high-quality redevelopment. Further, the intent is to create a cohesive development character along the Corridor and create a memorable entry point into the city. Based the goals set forth by the comprehensive plan, the subject property as described above, should be redeveloped in a manner consistent with the vision for the future of Colleyville Boulevard. The improvements presented by the applicant appear to beautify the property and utilize it to its greatest extent in its current state. Unless or until the subject property is combined with other properties in the vicinity, it will remain significantly limited in function. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 6 CC-3 Highway Commercial (99 Cents Only Retail Store) CC-3 Highway Commercial (99 Cents Only Retail Store) CC-3 Highway Commercial (99 Cents Only Retail Store) CC-3 Highway Commercial (Comet Cleaners Commercial Building) Subject Property CN-Neighborhood Commercial (Vacant Commercial Building) PUD-R (Woodbriar Estates West Residential Subdivision) CC-1 Village Retail (Rice King Restaurant) PUD-R (Woodbriar Park) PUD-R (Woodbriar Estates West Residential Subdivision) The adjacent property to the east is occupied by a single family residential home. The home fronts onto West Greenbriar Road and shares a side-yard fence with the subject property. A large retaining wall is located along the shared property line, which elevates the single family home above the rear and side playground area of the subject property. The property to the south, is approximately two acres in size and occupied by Woodbriar Park, which was dedicated to the City as part of the Woodbriar Estates PUD-R. Public Notification: Staff mailed notices to nine property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville 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. To date, no correspondence has been received. Staff Recommendation: The proposed Special Use Permit (SUP) is being requested for a new daycare user in a vacant building that was previously a daycare-type use. The proposed daycare land use is appropriate for the location and for the building on the subject property and should not adversely affect surrounding properties. Staff recommends approval of the SUP with the following considerations: 1. An off-site parking agreement shall be attained for nearby parking to meet the minimum parking requirements or the maximum number of pupils shall be reduced to 70 to meet on-site parking provided. 2. Two trees, meeting the requirements of new plantings in the Land Development Code, shall be provided within 20 feet of the eastern property line, spaced as practical to provide additional screening. 3. The existing architectural style of the building shall be maintained with the use of similar materials and colors. Any future improvements significantly altering the existing building shall be subject to the review and approval of the Director of Community Development. A minimum design score and elevations shall not be required. Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 7 4. Any new exterior lighting on the site shall be screened from residential properties. Recommendation Approve Attachments 1. Zoning Map 2. Aerial Map 3. Future Land Use Map 4. Statement of Planning Objectives 5. Site Plan 6. Interior Floor Plan 7. Site Photos 8. Public Notification Map 9. Public Notification List 10. Draft Ordinance S A N B A R L N W O O D C R E S T D R WOODBINE DR W GREENBRIAR LN COLL E Y V I L L E B L V D 39013901 301 3907 3801 105 4007 119203 104 300 3809 3900 100 111211 100 200 115207 208 3919 108 37163721 3811 4001 110114118202206210214 3725 204 3717 3721 3722 3726 200 37133717371737163718 4003 212 125 3720 3712 3713 CC-3 PUD-R R-15 PUD-C R-20 PUD-C CN PUD-R PUD-C CC-1 CC-2 CN / Subject Property CHEEK-SPARGER RD City of Hurst Zoning Map S A N B A R L N W O O D C R E S T D R W GREENBRIAR LN COLL E Y V I L L E B L V D 39013901 301 3907 3801 119 300 203 3809 3900 211 115207 111 3811 114118 200 202206210214 3716 3726 110 3721 100 3722 3919 4007 / Subject Property CHEEK-SPARGER RD City of Hurst Aerial Map GREENBRIAR COLL E Y V I L L E MID-CITIES CHEEK SPARGER W O O D C R E S T GRAP E V I N E 39013901 301 3907 3801 119203 300 208 3809 3900 111211115 204 207 200 3716 100 3717 3721 3811 200 110114118 3716 202206210214 3718 3717 3722 3726 212 3919 4007 37133712 Case ZC15-023 300 W. Greenbriar Ln. Subject Property Legend RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE COLLEYVLLE BLVD CORRIDOR Subject Property Parcels COLLEYVILLE CITY LIMITS / City of Hurst Future Land Use Map Transition Room Age-2-3yrs Library/ computer Room After schooler Room Age-5-6yrs Pre-Primary Room Age-3-4yrs Primary Room Age 4-5yrs Toddler Room Age-1-2yrs Infant Room Age -6 wks- 11mos Cafeteria Teacher lounge Office Reception Legend Properties within 200 feet Subject Property Parcels City Limit S A N B A R L N W O O D C R E S T D R WOODBINE DR W GREENBRIAR LN COLL E Y V I L L E B L V D 39013901 301 3907 3801 119 4007 203 300 3809 3900 111211 100 200 115207 208 3919 37163721 3811 4001 110114118202206210214 204 3722 3726 2003717371737163718 4003 212 3725 3712 3713/ Case ZC15-023 300 W. Greenbriar Ln. Subject Property CHEEK-SPARGER RD City of Hurst Notification Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address PARSONS, STEVE 210 W GREENBRIAR LN COLLEYVILLE TX 76034 210 W GREENBRIAR LN 99 CENTS ONLY STORES TX INC 4000 UNION PACIFIC AVE LOS ANGELES CA 90023 3901 COLLEYVILLE BLVD LERER, JANE S 3831 TURTLE CREEK BLVD # 23C DALLAS TX 75219 3811 COLLEYVILLE BLVD HARDIN, LANA MICHELLE 3726 WOODCREST DR COLLEYVILLE TX 76034 3726 WOODCREST DR COLLEYVILLE OAKMONT PART LLC 6421 CAMP BOWIE BLVD STE 302 FORT WORTH TX 76116 3809 COLLEYVILLE BLVD ALLEN, TAMERA 211 W GREENBRIAR LN COLLEYVILLE TX 76034 211 W GREENBRIAR LN CLARKE, CANDI LYNNE 214 W GREENBRIAR LN COLLEYVILLE TX 76034 214 W GREENBRIAR LN COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE TX 76034 301 W GREENBRIAR LN 4 HMS LLC 141 QUEST CT KELLER TX 76248 300 W GREENBRIAR LN Grapevine-Colleyville ISD 3051 IRA E WOODS AVE GRAPEVINE TX 76051 STATE LAW REQUIRED WOODBRIAR ESTATES HOA 3700 SWEETBRIAR COLLEYVILLE TX 76034 Courtesy Notice CITY OF HURST 1505 PRECINCT LINE ROAD HURST TX 76054 Courtesy Notice SHALINI SINGH 416 BROKEN SWORD DRIVE LEWISVILLE TX 75056 APPLICANT Public hearing notices were mailed Thursday, January 28, 2016 by Taci Wrisley Notification List ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 3, BLOCK 6R, OF THE WOODBRIAR ESTATES WEST ADDITION, LOCATED AT 300 WEST GREENBRIAR LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A DAY CARE CENTER; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC15-023; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices Ordinance O-16-XXXX Page 2 of 4 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 authorizing a Special Use Permit for a day care center on Lot 3, Block 6R, of the Woodbriar Estates West Addition, located at 300 West Greenbriar Lane, as depicted on the attached as Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. Prior to issuance of a Certificate of Occupancy an off-site parking agreement shall be attained for nearby parking to meet the minimum parking requirements or the maximum number of pupils shall be reduced to 70 to meet on-site parking provided. b. Two trees, meeting the requirements of new plantings in the Land Development Code, shall be provided within 20 feet of the eastern property line, spaced as practical to provide additional screening. c. The existing architectural style of the building shall be maintained with the use of similar materials and colors. Any Ordinance O-16-XXXX Page 3 of 4 future improvements significantly altering the existing building shall be subject to the review and approval of the Director of Community Development. A minimum design score and elevations shall not be required. d. The subject property shall generally conform to the site plan as depicted in “Exhibit B” e. Any new exterior lighting on the site shall be screened from residential properties. 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. Ordinance O-16-XXXX Page 4 of 4 The first reading and public hearing being conducted on the 1st day of March 2016. The second reading and public hearing being conducted on the 15th day of March 2016. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2016. 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” – Site Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 02/08/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the R40-Single Family Residential zoning district to the R30-Single Family Residential zoning district on Lot 1, Block 1, of the Harden Addition, located at 4916 Behrens Road, Case ZC15-021 Explanation Larry Chappell, the applicant, has submitted a request to rezone approximately 1.52 acres, located at 4916 Behrens Road, from the R-40 Single Family Residential District to the R-30-Single Family Residential District. The applicant is seeking a zoning change in order to subdivide a single lot into two lots for future residential development. Existing Conditions/Background: The subject property is currently platted as Lot 1, Block 1 of the Harden Addition. A subsequent replat will be required if the applicant wishes to subdivide the property, should the rezoning request be approved. Proposed Zoning Change: Request – The applicant is requesting a zoning change from the R-40 Single Family Residential District to the R-30-Single Family Residential District to subdivide a single lot into two individual lots with the intent of demolishing all existing structures and to construct two new single family homes. Based on the current zoning district regulations, the subject property is not large enough to allow for subdivision into two individual lots. Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-30 zoning regulations require the following standards: Minimum Lot Area: 30,000 square feet Minimum Lot Width: 125 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 35 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 25 percent The applicant has provided a zoning exhibit, which is conceptual in nature, and not up for consideration as part of the zoning request. However, the conceptual exhibit Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 2 proposes two lots, 31,552 square feet and 32,662 square feet in size. This conceptual plan appears to meet the R-30 zoning district’s minimum lot area of 30,000 square feet and other standards as listed above. Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the R-30 zoning district as primarily oriented toward low density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low density detached single family homes. Analysis – The zoning designations for all properties directly adjacent to the subject property are R-40. However, some lots in the immediate vicinity fall slightly below the 40,000 square-foot requirement of the R-40 District. Although the R-30 District as requested would be different than the surrounding zoning designations, it appears generally consistent with the development pattern in the area. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per gross acre. The proposed density is 1.32 dwelling units per gross acre. The requested zoning change is consistent with the comprehensive plan. Fees: Park Land Dedication fees are required, in the amount of $1,802 for each newly created residential lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: Any future subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 3 R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) Subject Property R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) The subject property is surrounded by R-40, and all lots surrounding the subject property are larger than 30,000 square feet although some are less than 40,000 square feet. Public Notification: Staff mailed notices to 14 property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville 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. To date, no correspondence has been received. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan, in both use and maximum density. Although the requested R-30 District is not the same as the surrounding R-40 District designations, the R-30 District is generally consistent with the surrounding properties and development pattern. Staff recommends approval of the proposed rezoning request. Recommendation Approve Attachments 1. Zoning Map 2. Aerial Map 3. Future Land Use Map 4. Statement of Planning Objectives 5. Conceptual Zoning Exhibit 6. Public Notification Map 7. Public Notification List 8. Draft Ordinance C R A N B R O O K D R W ST A F F O R D D R ARTHUR DR AVALON DR BE H R E N S R D CH E L S E A D R MA N N I N G D R BE H R E N S C T CHERRY LN BL U E B O N N E T D R B E H R E N S C T B E H R E N S R D MA N N I N G D R ST A F F O R D D R CRANBROOKDR S RO S E S T P R E S E R V A T I O N A V E 1700 1504 4805 1313 1315 4800 5019 4900 18094916 1805 5101 1609 4808 5013 4712 4905 1717 1721 5101 48014716 1317 4713 4901 5105 4912 4713 4808 4800 17131701 4900 4712 4809 4808 4713 4801 4712 4800 4901 1416 4900 4809 1500 4801 4713 5016 5104 5111 4900 1505 5004 1509 5108 5008 4901 1600 5100 5012 1604 4709 4900 470847084709 1405 4800 4709 4904 4712 5005 5009 5008 5000 5100 4901 5012 4713 5004 5016 4708 4808 4801 4700 4809 1801 4710 1704 17161712 1804 4812 4800 1800 4813 1712 1716 4805 17085017 4804 1805 1704 1713 1801 1808 1808 4708 1708 18091717 1804 1713 1705 180917051717 1709 1709 17081704 17161712 1805 18041800 1800 1808 4707 4712 4810 4802 4814 4806 5005 5013 5011 5009 5113 4905 5005 5021 5101 5013 5109 5025 5017 5001 5009 5105 4901 1400 1713 4709 4914 4902 4906 1408 4708 1404 0 R-40 R-20 R-20 R-40 R-20 PUD-R R-30 AG R-20 / Subject Property GLADE RD Zoning Map C R A N B R O O K D R W ST A F F O R D D R ARTHUR DR B E H R E N S R D BE H R E N S C T B E H R E N S C T B E H R E N S R D MA N N I N G D R ST A F F O R D D R RO S E S T 1504 4805 1700 48004900 4916 4808 5013 4905 1717 1721 4901 4912 17131701 4809 4808 4801 4800 4901 4900 4809 1500 4801 4713 5004 5008 4901 1600 5012 1604 4900 4904 5016 5005 4801 5009 5008 5000 5101 5004 5019 171217041708 171317051709 47124713 4713 1704 171217085017 1416 4900 1713 4716 4800 4800 4808 4812 48044712 5005 5013 5011 4800 5009 5012 / Subject Property GLADE RD Aerial Map GLADE BE H R E N S RO S E MA N N I N G CH E L S E A BE H R E N S 48004900 4916 1504 1700 4808 4905 4901 4912 1713 1701 4808 4800 4900 4809 4801 5004 4713 5008 4901 1600 1604 4900 4904 5005 5009 5000 5013 4809 4801 5004 4901 1704 4712 4713 5012 1705 4713 1500 1717 Case ZC15-021 4916 Behrens Rd. Subject Property Legend RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE COLLEYVLLE BLVD CORRIDOR Subject Property Parcels COLLEYVILLE CITY LIMITS / Future Land Use Map Legend Properties within 200 feet Subject Property Parcels C R A N B R O O K D R W ST A F F O R D D R ARTHUR DR AVALON DR BE H R E N S R D CH E L S E A D R MA N N I N G D R BE H R E N S C T CHERRY LN BL U E B O N N E T D R B E H R E N S C T B E H R E N S R D MA N N I N G D R ST A F F O R D D R CRANBROOKDR S RO S E S T 1700 1504 4805 4800 5019 4900 4916 5101 1609 4808 5013 4712 4905 1717 1721 48014716 5101 4713 4901 5105 4912 4713 17131701 4809 4808 4713 4801 4712 4800 4901 4900 4809 1416 1500 4801 4713 5016 5104 5111 4900 1505 5004 1509 5108 5008 4901 1600 5100 5012 1604 47094708 4900 4709 4800 4709 4904 4712 4712 4800 4808 4900 5005 5009 5008 4708 5000 5100 5012 5004 5016 4708 4808 4710 1704 1716 1712 4812 4800 1712 1716 1708 4804 1704 1713 4708 1708 5017 1717 1713 1705 1705 1717 1709 1708 1709 1704 17161712 4707 5005 5013 5011 5009 1805 1713 1800 1801 1800 47094708/ Case ZC15-021 4916 Behrens Rd. Subject Property GLADE RD Notification Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address BAKER, FRANK D 4900 BEHRENS RD COLLEYVILLE TEXAS 76034 4900 BEHRENS RD ALBERT, JOHN M 7000 MONET COLLEYVILLE TEXAS 76034 5004 ROSE ST HENNING, JOHN B 4809 MANNING DR COLLEYVILLE TEXAS 76034 4801 MANNING DR SMITH, RICHARD 4901 MANNING DR COLLEYVILLE TEXAS 76034 4901 MANNING DR COX, NORMAN LLOYD 4901 BEHRENS RD COLLEYVILLE TEXAS 76034 4901 BEHRENS RD HART, NEIL J 1600 GLADE RD COLLEYVILLE TEXAS 76034 1600 GLADE RD COPLON, MAHLON 2400 STATE HIGHWAY 121 APT 330 EULESS TEXAS 76039 4905 BEHRENS RD RICKS, GREGORY A 8808 QUEENS CT COLLEGE STATION TEXAS 77845 4916 BEHRENS RD BEHRENS, CHRISTOPHER 1701 GLADE RD COLLEYVILLE TEXAS 76034 1701 GLADE RD BACA, RICHARD 4801 BEHRENS CT COLLEYVILLE TEXAS 76034 5005 ROSE ST RICKS, GREGORY A 8808 QUEENS CT COLLEGE STATION TEXAS 77845 1604 GLADE RD HENNING, JOHN B 4809 MANNING DR COLLEYVILLE TEXAS 76034 4809 MANNING DR DUCIC, YADRANKO 1700 GLADE RD COLLEYVILLE TEXAS 76034 1700 GLADE RD MCCOLLOUGH JOYCE B 4912 BEHRENS RD COLLEYVILLE TEXAS 76034 4912 BEHRENS RD GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE TEXAS 76051 STATE LAW REQUIRED CHELSEA PARK HOA 1816 AVONDALE DRIVE COLLEYVILLE TEXAS 76034 COURTESY NOTICE LARRY CHAPPELL 1716 GLADE ROAD COLLEYVILLE TEXAS 76034 APPLICANT Public hearing notices were mailed Thursday, January 28, 2016 by Taci Wrisley Notification List ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.52 ACRES, LOT 1, BLOCK 1, OF THE HARDEN ADDITION, LOCATED AT 4916 BEHRENS ROAD, FROM THE R-40- SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-30- SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC15-021; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-16-XXXX Page 2 of 3 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 1.52 acres Lot 1, Block 1 of the Harden Addition, located at 4916 Behrens Road, from the R-40-Single Family Residential zoning district to the R-30-Single Family Residential zoning district, as depicted in the attached 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 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. 5. 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. Ordinance O-16-XXXX Page 3 of 3 Sec. 6. 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. 7. 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 1st day of March 2016. The second reading and public hearing being conducted on the 15th day of March 2016. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ___________ day of _______________________ 2016. 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”- Zoning Map Exhibit “B”- Metes & Bounds Description ALL that certain tract or parcel of land situated in the COTRAIL SURVEY, ABSTRACT NO. 328, Tarrant County, Texas and being a portion of Lot 1, Block 1, HARDEN ADDITION, an Addition to the City of Colleyville, Tarrant County, Texas as recorded in Volume 388-192, Page 83, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch steel rod found for the northeast corner of said Lot 1, also being the intersection of the southerly right-of-way line of Glade Road (a variable width right-of- way) with the westerly right-of-way line of Behrens Road (a 50 foot right-of-way): Thence SOUTH with said westerly right-of-way line, 297.24 feet to an iron spike found for the southeast corner of said Lot 1; THENCE North 88 degrees 40 minutes 00 seconds West departing said right-of-way and with the southerly boundary line of said Lot 1, 249.73 feet to a 1/2 inch capped steel rod stamped “MOAK SURV INC” found for the southwest corner thereof; Thence NORTH with the westerly boundary line of said Lot 1, 236.68 feet to a 1/2 inch steel rod found in the said southerly right-of-way line of Glade Road; THENCE North 79 degrees 55 minutes 00 seconds East with said right-of-way line, 100.00 feet to a 1/2 inch steel rod found; THENCE North 76 degrees 09 minutes 50 seconds East continuing with said right-of-way, 155.73 feet to the PLACE OF BEGINNING and containing 1.518 acres of land, more or less as surveyed by Moak Surveyors, Inc.. 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 02/08/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for alcohol beverage sales (on-premises consumption) on Lot 23, of the Village at Colleyville Addition, located at 62 Main Street, Case ZC16-001 Explanation The applicant, Amy Harris Hoepker, of Society House, LLC, requests approval of a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premises consumption on approximately 0.13 acres, located at 62 Main Street, Suites 200-250. The applicant is currently operating the Sonsie House Kitchen restaurant on the subject property and is required to receive City Council approval of an SUP to sell/serve alcohol (on-premises consumption of alcohol). Existing Conditions/Background: The subject property is generally located on the northeast corner of Main Street and Village Lane within the Village at Colleyville. The property is platted as Lot 23 of the Village at Colleyville Addition (plat attached). The Sonsie House Kitchen is a new, full-service restaurant, operating in suites 200- 250, on the second floor of the existing building at 62 Main Street in the Village. The restaurant was issued a Certificate of Occupancy on October 2, 2015. The subject property was previously occupied by a full-service restaurant with on-premises alcohol sales, named Tribeca, which was similar in nature to the existing business. As part of the daily business operations, the applicant would like to sell and serve alcoholic beverages to its patrons during their dining experience. The applicant has been operating with the understanding that all alcohol related permits and entitlements had been approved and were permitted. However, based on the following chain of events, the applicant has been required to submit an application for an SUP for alcohol sales with on-premises consumption. Proposed Special Use Permit: The subject property is zoned PUD-C Planned Unit Development – Commercial District. Alcoholic beverage sales are allowed within the governing zoning ordinance with the approval of a Special Use Permit (SUP) as described above. Request – The applicant is requesting approval of an SUP to allow alcoholic beverage sales for on-premises consumption, in conjunction with a new restaurant currently in operation. The applicant is requesting to continue to sell and serve alcohol as part of Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 2 the Sonsie House Kitchen menu. The applicant proposes the following hours of operation as a component to the SUP request: Tuesday - Saturday: 11:00 a.m. – 3:00 p.m. 5:00 p.m. – 9:00 p.m. Sunday: 10:00 a.m. – 3:00 p.m. Ordinance – There are four components of procedure that a business must complete to sell and serve alcohol for on-premises consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption) (2) submission of draft Texas Alcoholic Beverage Commission (TABC) License paperwork to the City Secretary’s Office for review and approval, (3) submission of completed TABC License paperwork to the TABC, (4) the issuance of an Alcoholic Beverage License through the City Secretary’s Office. The applicant submitted the draft TABC License paperwork (step 2) in September 2015 to the City Secretary’s Office, and the City Secretary’s Office approved the application without verifying that an SUP was in place for the user and location since an SUP had historically been in place in the Village. In the past, there was an SUP for the entire Village property that permitted on- premises alcohol consumption. In 2012, City Council approved Ordinance O-12-1859 to update/revise the Village PUD, effectively repealing all Village at Colleyville ordinances and replacing them with one governing ordinance (attached). According to the requirements outlined in the 2012 Village Ordinance, any new restaurant with on- premises alcohol consumption is required to obtain an SUP individually, effective May 1, 2013 (existing ordinance, page seven). Based on the approval of the TABC License through TABC and not knowing an SUP was required, the applicant began selling/serving alcohol as part of the restaurant’s menu. Upon Community Development’s notification of the City’s pending Alcoholic Beverage License for the user, Community Development notified the City Secretary regarding the lack of an SUP for the user. Staff then notified the business owner of the oversight, and the Special Use Permit application process was started. The City’s Alcoholic Beverage License has not been approved or issued, awaiting consideration of this item by City Council. Following this oversight, Staff revised internal processes to ensure this does not occur again in the future. In addition to the governing PUD Ordinance, the following ordinance-related items apply to the request: • Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 3 character of the neighborhood.” SUPs automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. • Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. • Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol sales must be incidental and secondary to the sale of food for human consumption (further clarified in the Code as non-alcohol and food sales must comprise at least 60 percent of gross receipts). Analysis – As stated previously, the applicant received approval to serve alcohol from both the TABC and the City (steps 2 and 3 as described above, but not steps 1 and 4). Moreover, the requested SUP is consistent with previously approved SUPs on the subject property and is permitted by the governing ordinance with City Council approval. The applicant is currently operating the business in a similar manner to the previous restaurants at this location, and the business fills a need for full service restaurants within the Village. The request location is in compliance with the distance requirements, and the applicant is proposing to comply with the 60/40 incidental sales requirements as stated above. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood and should positively contribute to the Village. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, designates this property as part of the Colleyville Boulevard Corridor. This land use designation is intended to promote “a vibrant and economically strong “town center” for the City” with land uses such as retail, service, and entertainment. The existing use and the proposed ancillary alcohol sales are consistent with the City’s comprehensive plan. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 4 PUD-C (Village at Colleyville - Residential Building) PUD-C (Village at Colleyville - Residential Building) PUD-C (Village at Colleyville – Surface Parking Lot) PUD-C (Village at Colleyville – Undeveloped Property) Subject Property PUD-C (Sonsie House Restaurant) PUD-C (Village at Colleyville – Surface Parking Lot) PUD-C (Village at Colleyville - Residential and Luxor Jewlers) PUD-C (Village at Colleyville - Residential and Keller Williams Realty) PUD-C (Village at Colleyville - Residential and The Spa at the Village) Public Notification: Staff mailed notices to 78 property owners within 500 feet as of the subject property regarding this request. Grapevine-Colleyville 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. To date, no correspondence has been received. The city manager owns property in the notification area, and as such, the administration and review of this item is deferred to the deputy city manager where deemed necessary. Staff Recommendation: The proposed Special Use Permit (SUP) would authorize the sale of alcoholic beverages for on-premises consumption for the Sonsie House Kitchen at 62 Main Street in the Village at Colleyville. The proposed business is consistent with the previous uses on the subject property, should not adversely impact surrounding uses, and should positively contribute to the Village. Staff recommends approval of the proposed SUP for alcohol sales with on-premises consumption. Recommendation Approve Attachments 1. Zoning Map 2. Aerial map 3. Future Land Use Map 4. Statement of Planning Objectives (6 pages) 5. Existing Plat (3 pages) 6. Exisiting PUD (23 pages) 7. Public Notification Map 8. Public Notification List 9. Draft Ordinance (5 pages) P L E A S A N T R U N RD CASA LN TERRA COTTA WAY M I S S I O N L N MAIN ST PIAZZA LN VERANDA LN PIAZZA W A L K VERANDA L N C O T T A G E L N CASA WALK 5226 100 5150 5217 5201 5108 84 14 17 5200 16 5300 97 13 5204 13 5301 7080 38 50 53 48 41 5115 100 34 62 87 90 85 82 26 35 30 5094 811 35 713 77 90 34 55 815 5599 85 91 813 75 715 38 75 23 23 23 5555 2323 88 4286 26 84 66 64 62 60 4468 26 88 55 32 34 94 98 50 61 96 88 83 76 34 47 93 92 76 711 34 26 81 26 23 37 34 53 88 76 59 17 95 97 57 55 1886 124 124 42 102 33 124 58 33 76 85 23 94 23 94 99 94 7274 79 5301 85 92 50 43 60 99 3535 46 89 9795 47 62 124 5232 99 104 20 43 5117 12 42 36 5101 PUD-C AG CC-1 PUD-C AG AGR-20 PUD-C/ Subject Property Zoning Map P L E A S A N T R U N RD CASA LN M I S S I O N L N MAIN ST PIAZZA LN VERANDA LN PIAZZA W A L K VERANDA L N C O T T A G E L N CASA WALK 5226 5150 100 5201 5217 84 17 97 7080 38 50 13 53 48 41 1334 76 62 8790 85 82 26 35 30 50 94 3577 100 34 5555 99 85 91 75 38 75 94 23 23 23 5555 23 2323 94 99 94 88 4286 26 84 66 64 62 6074 4468 26 79 88 55 32 3450 61 88 83 76 34 47 93 76 34 26 81 26 23 37 34 53 88 76 59 17 95 92 97 57 55 50 18 85 86 43 42 33 58 47 62 33 20 14 85 23 72 3535 46 89 9795 99 43 104 42 124 124 124 PUD-C AG CC-1 PUD-C / Subject Property Aerial Map MAIN V I L L A G E PL E A S A N T R U N VERANDACASA C O T T A G E 84 70 38 50 80 53 48 34 76 62 30 50 85 3577 85 85 35 34 5555 99 85 75 38 75 75 555599 427266 64 62 6074 4468 79 88 55 32 3450 97 88 83 76 34 47 76 34 81 34 8892 76 17 92 97 50 86 94 43 42 33 33 35 35 94 46 33 89 58 33 47 62 33 94 33 33 94 5226 99 43 26 23 42 5150 23 17 5201 Case ZC16-001 62 Main St. Subject Property Legend RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE COLLEYVLLE BLVD CORRIDOR Subject Property Parcels COLLEYVILLE CITY LIMITS / Future Land Use Map Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives ORDINANCE 0-12-1859 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1141, 0-02-1337.4, 0-06- 1560 AND 0-08-1680; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 26 ACRES IN THE VILLAGE AT COLLEYVILLE ADDITION AND LOTS 3A AND 3B, BLOCK 1, VILLAGE FRONT DOOR ADDITION, FROM THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUD-C-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 rezoning under Case No. ZC12-022; and WHEREAS, Ordinances 0-99-1141, 0-02-1337.4, 0-06-1560 and 0-08- 1680 are hereby repealed in their entirety; 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 Ordinance 0-12-1859 Page 2 of 20 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 changing the zoning on 26 acres in the Village at Colleyville Addition and Lots 3a and 3b, Block 1, Village Front Door Addition, from the PUD-C-Planned Unit Development Commercial Zoning District to the PUD-C-Planned Unit Development Commercial Zoning District, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-99-1141, 0-02-1337.4, 0-06-1560 and 0- 08-1680 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: A. PURPOSE The purpose of this planned unit development is to encourage Ordinance 0-12-1859 Page 3 of 20 mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. PUD BOUNDARIES The properties shown on the attached Zoning Exhibit "A" are zoned PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas and are hereby amended by the terms of this ordinance. C. NEIGHBORHOOD AREAS This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit "B". The neighborhood areas and their symbol designations are described as follows: Neighborhood Center - The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters "NC". Neighborhood General - The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters "NG". D. DEVELOPMENT STANDARDS Buildings or structures containing any combination of single- family residences and business use listed herein shall be allowed in accordance with the following Development Standards: 1. Permitted Uses - the following permitted uses shall be Ordinance 0-12-1859 Page 4 of 20 allowed within this planned unit development: a. Single-family Residences: Residential units may be either detached or attached, and more than one residence may be located per building site. A building site may also have one ancillary residential structure. An ancillary unit is a residential unit that is accessory to the primary residential unit allowed by this section. Ancillary units shall not be sold separate from the primary unit to which they are connected. For the purpose of this ordinance, a building site is defined as a single building site as identified on the Condominium Exhibit of The Village at Colleyville. The habitable area of the ancillary structure shall not exceed 600 square feet. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: 1) NC Area: A maximum of 14 of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. 2) NG Area: A maximum of 61 of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. 3) A maximum of 75 of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building. 4) Work/Live Units: A work/live unit is defined as a single unit consisting of both a commercial/office and a residential component that is occupied by the same resident. The work/live unit shall be the primary dwelling of the occupant. Provided compliance with sections 1 through 3 above are met, all lots within this development may contain a work/live unit. Work areas are encouraged to be placed on the ground floor while the living area is encouraged to be placed on upper floor above the work unit. Ordinance 0-12-1859 Page 5 of 20 5) Not including ancillary units or the units described in subsection 6 below, all residential units shall have a minimum of 1,500 square feet of climate controlled area. 6) No more than a total of twenty-four (24) residential units may be built with a minimum square footage of 1,000 square feet. Units allowed by this subsection shall not be located on the ground floor of any building. 7) The method of calculating the square footage of a residential unit within this PUD-C shall not include floor areas used as common area hallways and stairwells, but shall include the climate controlled space of the dwelling unit. 8) There shall be no residential units located on the ground floor of any building located along Main Street between Cottage Lane and SH26. 9) Not including ancillary units, defined above, there shall be no more than 200 residential units constructed within this PUD. b. Retail: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club/fitness center, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. d. Food and Lodging: Boutique hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice Ordinance 0-12-1859 Page 6 of 20 cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. e. Entertainment:Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs. f. Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. g. Educational: Private schools, and day-care centers. h. Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. i. Public/Semi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner's Association. Semi-public uses such as a neighborhood center, pool and related recreational facilities. The lots bounded by Cottage Lane, Village Lane, Veranda Lane and Main Street may be used, either all or in part, as a public plaza including the installation of permanent public amenities such as a fountain and seating area. The purpose of the plaza would be for public gatherings and events. j. Parking lots. k. Accessory buildings or uses as defined herein. I. Any use of a nature similar to the above when granted a Special Use Permit by the Colleyville City Council. m. Outside sales on the sidewalk of art, antiques, fruit, Ordinance 0-12-1859 Page 7 of 20 vegetables, flowers, plants, gifts and souvenirs. n. Outdoor seating areas for food, lodging or entertainment uses. o. Above ground parking garages containing fourteen 14) or fewer parking spaces, underground parking garages, basements, and cellars. 2. Permitted Uses with a Special Use Permit - The following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Land Development Code of the City of Colleyville: a. Food trucks, including outside sales of cooked food and other items not listed in Section E. 1 Permitted Uses. c. Television and appliance repair service shop. d. Club, lodge or other fraternal organizations. e. Above ground parking garages containing fifteen (15) or more parking spaces. Any above ground parking garage that fronts a street within the Neighborhood C entral (NC) zone shall be allowed only with the approval of a Special Use Permit. f. Package (liquor) stores g. Wedding chapel h. Alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use. i. Alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store. j. The Special Use Permit requirements for the alcoholic beverage sales allowed in subsections "h" and "I" above shall not become effective until May 1, 2013. 3. Prohibited Uses - The following uses shall be prohibited within this planned unit development: Ordinance 0-12-1859 Page 8 of 20 a. Drive-through commercial uses where patrons remain in automobiles. b. Vending machines, except within buildings. c. Retail uses containing more than 40, 000 square feet of floor area per certificate of occupancy. d. Industrial and manufacturing businesses that create noise, vibration or obnoxious odors. e. Kennels. f. Terminals or depots for large-scale storage or distribution of goods. g. Scrap yards for the processing or storage of waste materials. h. Automotive repair businesses. i. Telemarketing office with over 20 employees. j. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. 4. General Lot Criteria - See Table 1 below: Table 1 General Lot Criteria Neighborhood Neighborhood General Zone (NG) Center Zone (NC) Lot Min.Area 2,600 s.f. Min. Area 2,600 s.f. Dimensions Max. Area 5 acres Max. Area 5 acres Min. Lot 30% Min. Lot 45% Coverage Coverage Max. Lot 90% Max. Lot 95% Coverage Coverage Setbacks Front 0' min - 15' Front 0' min - 15' max. max. Side 0' min - 15' Side 0' min - 15' max. max. Rear -4' min. Rear - 4' min. Main Bldg. Main Bldg. Rear - 4' Rear - 4' Accy. Accy. Bldg. Bldg. IT Ordinance 0-12-1859 Page 9 of 20 Height Max. 48 ft. or 3. 5 Max. 48 ft. or 3.5 stories Height stories Height Notes: 1. the one-half story above third floor shall not exceed 400 s.f. 5. Building Exteriors - The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, or stucco. Non-masonry materials may be utilized for building accents per the requirements of Chapter 6-Building Design in the Land Development Code. 6. Roofing - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4') in height, which shall simulate the look of a pitched roof from street level. If a roof terrace is constructed, then railings may be used which comply with Section (8) Balconies below. 7. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. 8. Building Design Requirements - Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Chapter 6 Building Design of the Colleyville Land Development Code. 9. Exterior Building Lighting - Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. 10.HVAC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. 11.Backyard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 12.Landscaping - Lots with street frontage within this planned unit development shall, at a minimum, meet the requirements of Chapter 4 - Landscaping and Buffering 1 Ordinance 0-12-1859 Page 10of20 in the Land Development Code. The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include trees allowed for planting in Chapter 4 - Landscaping and Buffering in the Land Development Code. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. A landscaped buffer with natural openings shall be provided along the entire length of the northern boundary from City Park to Pleasant Run Road, in lieu of the masonry screening wall. Said landscape buffer shall consist of a row of trees. Trees shall be a minimum of four (4") caliper, spaced at 25' intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 - Landscaping and Buffering of the Land Development Code. Fifty percent of said trees shall be Highrise Live Oaks (quercus virginiana). In addition, there shall be a minimum five foot tall wrought iron fence installed along the northern boundary from City Park to Pleasant Run Road, said minimum five foot tall wrought iron fence shall also be installed on top of any retaining wall along the northern boundary line. 13.Awnings - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 14.Architectural Control Committee - The Property Owner's Association must create an Architectural Control Committee, which shall be funded by the Property Owner's Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. Ordinance 0-12-1859 Page 11 of 20 15.Limitation on Late Night Hours of Operation - Businesses located within the PUD-C shall close no later than 12:00 midnight on all days except on Friday and Saturday nights where such businesses shall close no later than 2:00 a.m. on Saturday and Sunday mornings respectively. 16.Dumpster Screening - All freestanding dumpsters shall be screened on all four sides with an opaque closure measuring to a height at least six (6) inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six (6) inches above the top of the dumpster. The enclosure and/or building niche shall be constructed of material that matches the building. 17.Fire Prevention - All buildings within this PUD-C shall be equipped with fire detection and suppression systems as required and approved by the City of Colleyville Fire Marshal. Said systems shall be maintained and inspected as required by the Fire Marshal. E. ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain a forty-eight (48") inch pedestrian right-of-way and comply with all other ADA regulations. 1. Encroachments below grade - Approval by the Director of Public Works of a Right-of-way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18") inches. 2. Encroachments of architectural features above grade - Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with Ordinance 0-12-1859 Page 12 of 20 the standards contained in the following table and local building and fire codes: Right-of-way Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows 18 inches with max. 7 foot length, 3 feet min. spacing & one bay window per 15 feet of site frontage Awnings & 80% of sidewalk width, 8 feet clearance over canopies pedestrian area & 14 feet clearance over vehicle area Signs 66% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Lights If the light encroaches 12 inches or less, it may be mounted at any height on the building façade. From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas, and shall not encroach beyond 48 inches Eaves, cornices From 8 feet to 15 feet above grade, one inch of and balconies encroachment for each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet 3. Temporary structures in public right-of-way - The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks - The use of a public sidewalk as an outdoor eating area containing more than four tables shall only be permitted with administrative approval of the Community Development Director. Ordinance 0-12-1859 Page 13 of 20 F. SUPPLEMENTAL REQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1. Open Space Requirements - This development shall provide open space areas as shown on the attached Exhibit "C" in lieu of any other open space requirements of the Colleyville Land Development Code. 2. Park Land Dedication Fees - Payment of Park Land Dedication Fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non-residential structure or primary single-family dwelling unit. 3. Street Right-of-Way Widths - These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. a. Not later than 90 days from the date of approval of this ordinance , the developer shall convey to the City at no cost all necessary right-of-way to accommodate the roadway widening for the portion of Mission Lane located between Pleasant Run Road and Lot 1, Block 1 of the Village Front Door Addition such that said portion of the roadway can accommodate two-way automobile traffic. The final determination of the amount of right-of-way needed shall be performed by the Public Works Director. The sidewalk width requirements of Section 5(F)4 shall not apply to the portion of Mission Lane addressed in this section, specifically as it relates to the widening of the street. 4. Sidewalks - Sidewalks shall be required for all lots in this development. Where no sidewalks exist as of the passage of this ordinance, any new sidewalks constructed shall be a minimum of ten feet in width and shall comply with the Americans with Disabilities Act. 5. Garages/Accessory Buildings - The walls of the buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they Ordinance 0-12-1859 Page 14 of 20 may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. 6. Advertising Signs - Buildings may contain the following types of signs: a. Wall Signs - The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. b. Projecting Signs - These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c. Awning Signs - Individual letters on awning signs shall not exceed 12 inches in height. d. None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. e. Window Signs - Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally lit box signs are permitted. f. Grand Opening Signs - When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. Only one grand opening sign may be placed at this location at any given time. g. State Highway 26 (SH26) Off-Premise Signage - Businesses located within this development may place one temporary sign along SH26. Not more than two businesses may place a sign allowed by this section at any one time at this location. The signs must meet all 11 Ordinance 0-12-1859 Page 15 of 20 permitting and time restrictions for temporary businessp 9 p Y signs in the Land Development Code. h. The signage authorized by sections f and g above shall be located at the southwest corner of Main Street and SH26 along SH26 with the permission of the property owner. The signs shall not be placed within any right-of-way and shall meet the visibility requirements stated in Chapter 7-Sign Regulations of the Land Development Code. Said signage shall not exceed eight (8) feet in height and eight (8) feet in width and shall not exceed 64 square feet in area. Said signage shall be composed of metallic material with the sign(s) message either painted on or wrapped over the metallic surface of the sign(s) as allowed by the Community Development Director. The sign(s) shall be affixed to a masonry or decorative metal support column on both sides. i. Sandwich Board (A-Frame) Signs - One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed forty-eight inches 48") high and thirty-six inches (36") wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. For the purpose of this regulation, Sandwich Board signs shall include easels and podiums. 7. Street and Alley Design a. Two-way Street - The cross-section of the typical village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces; and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-eight (58) feet wide. b. One-way Street - A cross-section of a typical one- way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ten (10) feet in width. The public right-of-way for a one-way street shall not be less than forty-five (45) feet. c. Alley - The cross section of the typical alley shall Ordinance 0-12-1859 Page 16 of 20 contain twelve feet of pavement with green space on each side. The alley right-of-way width shall not be less than twenty (20) feet. 8. Public Area Landscaping - Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville. G. AMENITIES 1. Parks and Playgrounds - All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. 2. Sidewalk Amenities - Besides the trees and other landscaping, sidewalks may be constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. All amenities shall be maintained by the Village Owner's Association. 3. Street Lights - The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. The final location and number shall be determined and approved by the Public Works Director. 4. Walking Paths - Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5. Street Signs - Street signs may be attached on the appropriate buildings at each intersection. The signs, if feet above streethattaced1shallbefifteen5placed level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. Ordinance 0-12-1859 Page 17 of 20 H. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: 1. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses - The parking requirements for residential units shall be as follows: 1) Ground floor - when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on-site parking space if the building site contains an ancillary residential unit. 2) Upper floor - when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. b. Non-Residential Uses (includes work/live units). - The parking requirements for non-residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. Ordinance 0-12-1859 Page 18 of 20 c. Public Parking - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "C". All public parking shall be free of charge. Overnight parking shall be allowed. Any modification to the current configuration of parallel parking shall be approved specifically by site plan approval by the City Council. d. 45 degree Angled Public Parking 1)45 degree angled public on-street parking spaces shall be allowed along both sides of Main Street between Village Lane and Pleasant Run Road. 2)There shall be a minimum unobstructed pavement width of 28 feet maintained on Main Street between Village Lane and Pleasant Run Road. 3)These spaces shall meet the minimum design specifications for parking spaces as stated in Section 3.29.1 - Parking Space Construction Standards in the Land Development Code, except where amended herein. 4)No parking spaces may be placed such that a vehicle backing out of said space would impede the flow of traffic and/or create a threat to public safety within a street intersection. I. PROPERTY OWNERS ASSOCIATION Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lien against that owner's property. Ordinance 0-12-1859 Page 19 of 20 J. CITY/DEVELOPER AGREEMENT Not later than one year from the approval date of this ordinance, an amended city/developer agreement shall be approved by the City Council for this development between the City and the "developer" and/or their assigns, transferee(s) or designee(s) listed on the current, approved agreement. Said agreement shall, at a minimum, amend and repeal all previous city/developer agreements related to this development by creating a single updated new agreement. Failure to meet this requirement within the specified time frame shall be considered a violation of the terms of this ordinance on the part of the current named "developer", their assigns, transferee(s) or designee(s). 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 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. Ordinance 0-12-1859 Page 20 of 20 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of December 2012. The second reading and public hearing being conducted on the 18th day of December 2012. PASSED AND APPROVER joy the luncil of the, City of Colleyville, Texas, on this the day of 2012. ATTES • CITY OF COLLEYVILLE Cynt is Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney I;I w. Exhibit "A" -Location and Zoning Map 711 713 11 on - 1 ' eN t-. -1 R-90 5300 Site: 5303 5221 PLTD-C 5232 5226 Village at 7 pp PLTD-C iiia7 IN rECIPPRr1 F I I 5217 CPO Colleyville 1 5?Ot NRIDG Addition ` EN •'AN A LN I 23 iEr 5204 li 5201 01 y, . 3 CC-I, 5209 1Q- , leir r i!1 l l L 5200 5112 E 5201 PIT;VC lilt' 7 1 UIiL, U Fp , 4 mg eft lie -5201 5108 V A 84 M{ MM. 50 ., -i ilfidamil illome m 5150 5104 Ian 5104 CT s108 R-) r_ ra5102 59 , WAY P1 , II C 1 1nr a 31'not 2200 5100 101 5100 S 5100 5904. 1 012\T4 i 5025 II MOO e 50[0 MT MEM 4111 f 502 5 ; III eon 1' 1 D r 017 5012 50 5003 5002 5000 5013 5020 53m C cool 4906 1j i 5016 ` 5017 A ,• , --Mil 813 i/ A14 CC 2x V 5004 50O. 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110 MATYAS, YIRI 22 FULLER WISER RD # 5202 EULESS, TX 76039 55 MAIN ST YOUNG, MARK W 4951 BRIDLE BIT RD FLOWER MOUND, TX 75022 88 CASA LN # 411 BURDETTE, MARK L 64 VERANDA LN COLLEYVILLE, TX 76034 64 VERANDA LN # 412 RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 50 MAIN ST LIMBERG, PATRICIA 37 PIAZZA LN COLLEYVILLE, TX 76034 37 PIAZZA LN SOUTH QUORUM ACQUISITIONS LLC 14801 QUORUM DR STE 160 DALLAS, TX 75254 93 COTTAGE LN GROFFMAN, STEVEN 815 CENTRAL DR COLLEYVILLE, TX 76034 815 CENTRAL DR COLLEYVILLE REALTY HOLDINGS 92 PIAZZA LN STE 100 COLLEYVILLE, TX 76034 92 PIAZZA LN COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 97 PIAZZA LN WINCHESTER, NATALIE 2121 MORNING GLORY AVE FORT WORTH, TX 76111 32 VERANDA LN # 111 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 43 VERANDA LN VILLAGE MANAGEMENT LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 99 MAIN ST # 29 POWELL, MICKEY 82 CASA LN COLLEYVILLE, TX 76034 82 CASA LN # 110 BOES, MARK 34 VERNADA LN # 210 COLLEYVILLE, TX 76034 34 VERANDA LN # 210 RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 94 MAIN ST CHATEAU GIOIELLI CUSTOM HOMES 75 MAIN ST STE 100 COLLEYVILLE, TX 76034 88 VILLAGE LN # 28 610 RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 34 MAIN ST VILLAGE JV LLC 610 DEFOREST CT COPPELL, TX 75019 76 MAIN ST SC COLLEYVILLE-60 VILLAGE LANE 505 PECAN ST STE 101 FORT WORTH, TX 76102 60 VILLAGE LN # 112 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 42 PIAZZA LN VILLAGE JV LLC 610 DEFOREST CT COPPELL, TX 75019 76 MAIN ST LEWIS, BLAIR 7500 BRENTWOOD CT NORTH RICHLAND HILLS, TX 76182 98 CASA LN # 311 NEW, JOE 61 PIAZZA LN COLLEYVILLE, TX 76034 61 PIAZZA LN # 511 CENTER FOR AESTHETIC SURGERY 75 MAIN ST STE 150 COLLEYVILLE, TX 76034 75 MAIN ST # 28 310 PARADIGM GROUP PRTNSHP II 830 SIMMONS CT SOUTHLAKE, TX 76092 55 MAIN ST SOUTH QUORUM ACQUISITIONS LLC 14801 QUORUM DR STE 160 DALLAS, TX 75254 91 COTTAGE LN COLE, LARRY PETER 74 CASA LN COLLEYVILLE, TX 76034 74 CASA LN # 211 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 80 CASA LN BENTLEY, MARY I 42 VERANDA LN COLLEYVILLE, TX 76034 42 VERANDA LN # 111 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 17 MAIN ST HOROBEC, JOHN 626 CHURCH ST GRAPEVINE, TX 76051 5300 PLEASANT RUN RD RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 94 MAIN ST VOLLMER, JAMES A 81 VERANDA LN UNIT 310 COLLEYVILLE, TX 76034 81 VERANDA LN TAP REALTY LLC 600 E LAS COLINAS BLVD DALLAS, TX 75254 23 MISSION LN QUAKE ENTERPRISES LLC 85 VILLAGE LN STE 150 COLLEYVILLE, TX 76034 85 VILLAGE LN SOUTH QUORUM ACQUISITIONS LLC 14801 QUORUM DR STE 160 DALLAS, TX 75254 95 COTTAGE LN MCNOSKY, ANTHONY T 5108 PLEASANT RUN RD COLLEYVILLE, TX 76034 5108 PLEASANT RUN RD VILLAGE MANAGEMENT LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 35 VERANDA LN # 310 MORANI PROPERTIES LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75309 33 MAIN ST TAP REALTY LLC 600 E LAS COLINAS BLVD DALLAS, TX 75254 23 MISSION LN RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 50 MAIN ST HENKELS, JUDITH H 40 HOLLY CT NAPA, CA 94558 72 CASA LN # 112 WHITE, DENNIS 86 CASA LN COLLEYVILLE, TX 76034 86 CASA LN # 310 CCI-COLLEYVILLE I LP 800 BRAZOS ST STE 600 AUSTIN, TX 78701 99 MAIN ST BOBBY MOORE FAMILY LP 6113 COLLEYVILLE BLVD COLLEYVILLE, TX 76034 46 PIAZZA LN # 36 110 RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 94 MAIN ST BOJKU, AFRIM 5309 COLLYVILLE BLVD COLLEYVILLE, TX 76034 5150 COLLEYVILLE BLVD GILLILAND, DOUGLAS H 9285 HUNTINGTON SQ # 100 NORTH RICHLAND HILLS, TX 76182 55 MAIN ST TWENTY TEN INVESTMENTS CO LLC 14801 QUORUM DR STE 160 DALLAS, TX 75254 85 VERANDA LN # 111 BURDETTE, DONNA E 64 VERANDA LN COLLEYVILLE, TX 76034 77 VERANDA LN VILLAGE MANAGEMENT LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 47 VERANDA LN # 210 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 48 VERANDA LN FRUSHER, DONALD 35 PIAZZA LN # 38110 COLLEYVILLE, TX 76034 35 PIAZZA LN # 38 111 ROBBINS, PHILIP MARK 212 PHEASANT RUN HIGHLANDS, NC 28741 55 PIAZZA LN # 210 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 41 PIAZZA LN ROGERS, J ANDREW 201 MAIN ST STE 2500 FORT WORTH, TX 76102 30 PIAZZA LN RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 86 MAIN ST BARR, WILLIAM D 96 CASA LN APT 210 COLLEYVILLE, TX 76034 96 CASA LN # 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310 COLLEYVILLE, TX 76034 57 PIAZZA LN # 311 TAP REALTY LLC 600 E LAS COLINAS BLVD DALLAS, TX 75254 23 MISSION LN RILEY, WILLIAM 94 CASA LN COLLEYVILLE, TX 76034 94 CASA LN # 112 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 38 VERANDA LN NAYAR, AMBUJ 1959 LOGAN MANOR DR RESTON, VA 20190 38 PIAZZA LN # 37 312 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 20 MAIN ST HESLAND LLC 5850 COLLEYVILLE BLVD STE 110 COLLEYVILLE, TX 76034 26 MAIN ST REDDEN, ROGER A 68 VERANDA LN # 610 COLLEYVILLE, TX 76034 68 VERANDA LN # 611 YOUNG, CATHERINE SUE EST 811 CENTRAL DR COLLEYVILLE, TX 76034 811 CENTRAL DR VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 18 MAIN ST BALIGA, THERESA RUSSELL 88 VILLAGE LN # 28412 COLLEYVILLE, TX 76034 88 VILLAGE LN # 28 412 HESLAND LLC 5850 COLLEYVILLE BLVD STE 110 COLLEYVILLE, TX 76034 26 MAIN ST COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 53 VERANDA LN HESLAND LLC 5850 COLLEYVILLE BLVD STE 110 COLLEYVILLE, TX 76034 26 MAIN ST PAULSEN, PETER 8622 INDIAN KNOLL TR KELLER, TX 76248 55 MAIN ST ZELLA CAPITAL LLC 17355 VILLAGE GREEN DR HOUSTON, TX 77040 62 MAIN STREET ZELLA CAPITAL LLC 17355 VILLAGE GREEN DR HOUSTON, TX 77040 62 MAIN STREET D & V WALKER PROPERTIES LLC 5501 NORMANDY DR COLLEYVILLE, TX 76034 5226 PLEASANT RUN RD VILLAGE MANAGEMENT LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 35 VERANDA LN # 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110 SOUTH BOWIE INVESTMENT PARTNER PO BOX 126 COLLEYVILLE, TX 76034 5217 PLEASANT RUN RD VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 42 MAIN ST RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 50 MAIN ST BELL, WILLIAM M 5900 E LANCASTER AVE FORT WORTH, TX 76112 60 VERANDA LN # 211 MILLER FAMILY REVOC TRUST 87 CASA LN COLLEYVILLE, TX 76034 90 VERANDA LN # 212 PREWITT LEASING INC 97 VILLAGE LN STE 300 COLLEYVILLE, TX 76034 97 VILLAGE LN # 212 GBC CAPITAL LLC PO BOX 121 COLLEYVILLE, TX 76034 44 VERANDA LN PITTS, REX A 66 VERANDA LN COLLEYVILLE, TX 76034 66 VERANDA LN # 510 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 23 MAIN ST GLANCY, WILLIAM 4012 GATEWAY DR STE 100 COLLEYVILLE, TX 76034 83 VERANDA LN ALLENBY, JANET D 76 CASA LN 310 COLLEYVILLE, TX 76034 76 CASA LN # 312 VILLAGE MANAGEMENT LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 47 VERANDA LN # 110 THOMAS MONROE PROPERTIES LLC 825 REGINA CT COLLEYVILLE, TX 76034 59 PIAZZA LN # 411 TCN INVESTMENTS III LLC 1861 BROWN BLVD # 744 ARLINGTON, TX 76006 35 VERANDA LN # 210 CHALLINOR, PETER 107 SUMMIT COVE TROPHY CLUB, TX 76262 85 VILLAGE LN # 100 RCP VILLAGE FIRST LIEN LTD 8333 DOUGLAS AVE STE 300 DALLAS, TX 75225 34 MAIN ST ATWOOD, STEVE 34 PIAZZA LN # 37 COLLEYVILLE, TX 76034 34 PIAZZA LN # 37 VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 100 CASA LN CCI-COLLEYVILLE I LP 800 BRAZOS ST STE 600 AUSTIN, TX 78701 99 MAIN ST COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 50 PIAZZA LN GABLE, MICHAEL 813 CENTRAL DR COLLEYVILLE, TX 76034 813 CENTRAL DR DUNHAM, KELLEN C 33 MAIN ST STE 200 COLLEYVILLE, TX 76034 33 MAIN ST SOUTH QUORUM ACQUISITIONS LLC 901 MAIN ST STE 3900 DALLAS, TX 75202 104 TERRA COTTA WAY HESLAND LLC 5850 COLLEYVILLE BLVD STE 110 COLLEYVILLE, TX 76034 26 MAIN ST COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 100 MAIN ST VILLAGE OWNERS ASSOCIATION INC 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75039 43 MAIN ST FIGUEROA FAMILY REVOCABLE TRUS 817 CENTRAL DR COLLEYVILLE, TX 76034 817 CENTRAL DR SOUTH QUORUM ACQUISITIONS LLC 104 TERRA COTTA WAY COLLEYVILLE, TX 76034 104 TERRA COTTA WAY SOUTH QUORUM ACQUISITIONS LLC 104 TERRA COTTA WAY COLLEYVILLE, TX 76034 104 TERRA COTTA WAY PIAZZA PARTNERS LLC 85 PIAZZA LN COLLEYVILLE, TX 76034 85 PIAZZA LN PIAZZA PARTNERS LLC 85 PIAZZA LN COLLEYVILLE, TX 76034 85 PIZZA LN PIAZZA PARTNERS LLC 85 PIAZZA LN COLLEYVILLE, TX 76034 85 PIAZZA PIAZZA PARTNERS LLC 85 PIAZZA LN COLLEYVILLE, TX 76034 85 PIAZZA LN Notification List PIAZZA PARTNERS LLC 85 PIAZZA LN COLLEYVILLE, TX 76034 85 PIAZZA LN TCN INVESTMENTS III LLC 1861 BROWN BLVD # 744 ARLINGTON, TX 76006 35 VERANDA LN # 112 REALTY CAPITAL VILLAGE 85 VILLAGE LN COLLEYVILLE, TX 76034 85 VILLAGE LN COLLEYVILLE REALTY HOLDINGS 92 PIAZZA LN COLLEYVILLE, TX 76034 92 PIAZZA LN G & B COLLEYVILLE LLC 75 MAIN ST STE 100 COLLEYVILLE, TX 76034 75 MAIN ST # 28 211 JACK PREWITT & ASSOCIATES INC 97 VILLAGE LN COLLEYVILLE, TX 76034 97 VILLAGE LN D & M PERRY ENTERPRISES INC 2128 PORTWOOD WAY FORT WORTH, TX 76179 33 MAIN ST # 100 FABIO RITA K B 33 MAIN ST COLLEYVILLE, TX 76034 33 MAIN ST PORTER KEITH 33 MAIN ST COLLEVYILLE,TX 76034 33 MAIN ST MORANI PROPERTIES 33 MAIN ST COLLEYVILLE, TX 76034 33 MAIN ST MORANI PROPERTIES LTD 909 LAKE CAROLYN PKWY STE 150 IRVING, TX 75309 33 MAIN ST GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVENUE GRAPEVINE, TX 76051 STATE LAW REQUIRED AMY HARRIS HOPKER 62 MAIN STREET, #200-250 COLLEYVILLE, TX 76034 APPLICANT Public hearing notices were mailed Thursday, January 28, 2016 by Taci Wrisley Notification List ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING ON LOT 23, OF THE VILLAGE AT COLLEYVILLE ADDITION, LOCATED AT 62 MAIN STREET, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for on- premise consumption of alcohol under Case No. ZC16-001; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners Ordinance O-16-XXXX Page 2 of 4 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 23, of the Village at Colleyville Addition, located at 62 Main Street, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, 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 sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise consumption alcohol sales by this Special Use Permit shall be called “Sonsie House Kitchen”. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d. All requirements of the Land Development Code shall be met, except where amended herein. Ordinance O-16-XXXX Page 3 of 4 2. HOURS OF OPERATION a. The hours of operation shall not exceed the following schedule: Tuesday - Saturday: 11:00 a.m. – 3:00 p.m. 5:00 p.m. – 9:00 p.m. Sunday: 10:00 a.m. – 3:00 p.m. 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 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 16th day of February 2016. The second reading and public hearing being conducted on the 1st day of March 2016. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2016. Ordinance O-16-XXXX Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Amy Shelly, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Zoning Map Exhibit “B” – Aerial Map 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 02/08/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a combination preliminary/final plat for four total (Lots 1-4, Block 1, of the Hodgkiss Place II Addition), of Abstract 294, of the R. Chowning Survey, being a replat of Lot 13, Block 16, of the Highland Meadows Phase II Addition, located at 6200 and 6210 Pool Road, Case PC15-020 Explanation Matt Hibbitt, the applicant, requests approval of a Combination Preliminary/Final Plat for the Hodgkiss Place II Addition on 2.05 acres, located at 6200 and 6210 Pool Road. The applicant proposes to create four lots to construct a single family home on each lot. Existing Conditions/Background: The subject property was rezoned by City Council on September 1, 2015, from the AG – Agricultural District to the R-20 – Single Family Residential District (ZC15-014). The subject property is generally located at the intersection of Highland Meadows Drive and Pool Road. Proposed Lot 1 is currently platted as Lot 13, Block 16 of the Highland Meadows Phase II Addition, and Proposed Lots 2-4 are unplatted. Lot 1 contains one single family residence, which is proposed to remain, and is included in the subject property boundary to make the three new lots to the east as rectangular as possible by adjusting a triangular portion of the previous lot. Lots 2-4 contained two single family residences with accessory structures which have been recently demolished. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-20 zoning regulations require the following standards: Minimum Lot Area: 20,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 30 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent Planning and Zoning Commission Agenda Briefing 4d City of Colleyville Page 2 As submitted, the proposed plat meets all of the requirements of the Land Development Code. Fees: Park Land Dedication fees are required, in the amount of $1,802 per residential lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: The proposed subdivision must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required by Chapter 5. Right-of-Way Dedication: The Master Thoroughfare Plan designates Pool Road as a Minor Arterial. Based on this classification, 95 feet of right-of-way dedication (47.5 feet from the centerline of the street) is typically required. The applicant is dedicating 7.5 feet of right-of-way to meet this requirement. Drainage and Stormwater Runoff: At the public hearing for the rezoning of the property (ZC15-014), concerns were expressed regarding access to the lots, and the existing retaining wall along Highland Meadows Drive. The preliminary drainage studies indicate drainage will be directed to the north (rear) of the property. Based on this information, the developer will likely be removing the existing retaining wall and will grade the site appropriately to provide drive access off of Highland Meadows Drive, in a similar fashion to the surrounding properties. As required by the Land Development Code, drainage and engineering plans have been submitted with the proposed plat. Water and sanitary sewer services will be installed as part of the development process. The developer is responsible for the extension of water and sewer service lines to the individual lots. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: Planning and Zoning Commission Agenda Briefing 4d City of Colleyville Page 3 R-20 Single Family Residential (Single Family Homes) AG- Agricultural District (Single Family Home) City of Grapevine (Single Family Homes) R-20 Single Family Residential (Single Family Homes) Subject Property R-20 Single Family Residential (Single Family Homes) City of Grapevine (Single Family Homes) R-20 Single Family Residential (Single Family Homes) R-20 Single Family Residential (Single Family Homes) City of Grapevine (Single Family Homes) Public Notification: Notifications were sent in accordance with the replat requirements of the Land Development Code for the replat portion of the subject property (properties within original subdivision); no notification is required for the unplatted portion. Staff mailed notices to 10 property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville 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. To date, no correspondence has been received. Staff Recommendation: The proposed Combination Preliminary/Final Plat meets the requirements of the Land Development Code, therefore staff recommends approval. Recommendation Approve Attachments 1. Zoning Map 2. Aerial Map 3. Plat Exhibit 4. Public Notification Map 5. Public Notification List MARSH LN ROLLING HILLS LN HEATHERGLENN CT R E G I M E N T P L HIGHLAND PARK CT HI L L B R O O K D R P O O L R D FLINTLOCK CT P O O L R D HIGHLAND MEADOW DR 5810 6230 6300 6260 6210 625025052501 2508 2505 25082500 2507 2501 25042502 2506 6107 2605 2504 26002508 2604 2503 2504 2507 2509 6103 26012505 6101 26032509 6200 6105 2500 2406 2510 2608 2407 2405 6300 6308 6304 6007 6312 / Subject Property City of Grapevine Zoning Map MARSH LN ROLLING HILLS LN HEATHERGLENN CT RE G I M E N T P L HIGHLAND PARK CT HI L L B R O O K D R PO O L R D FLINTLOCK CT P O O L R D HIGHLAND MEADOW DR 5810 6230 6300 6260 6210 2510 625025052501 2508 2508 2505 2500 2507 2609 2406 2501 25042502 6300 6104 2506 2405 2501 6107 2505 2605 25046308 2504 2407 2601 2600 26052509 2500 6312 2508 2604 2503 6304 2507 6103 6005 26012505 6101 26032509 6200 6105 6102 6007 6100 6004 6006 2604 26062602250426002506 2404 6201 6002 6003 6203 6315 2513 2608 2509 2403 / Subject Properties City of Grapevine HIGHLAND DR LLS LN HEATHERGLENN CT R E G I M E N T P L HIGHLAND PARK CT HI L L B R O O K D R PO O L R D Y O R K S H I R E D R FLINTLOCK CT P O O L R D HIGHLAND MEADOW DR 5810 6230 6300 6260 6210 2510 625025052501 2508 2508 2505 2500 2504 2604260026022506 2507 2609 2406 2501 2504 2606 2502 2506 2405 2501 6107 2505 2605 2504 2504 2407 2601 2600 26052509 2500 2508 2604 2503 2507 6103 6005 26012505 6003 6101 26032509 6200 6105 6007 6300 6308 6304 6104 6002 6102 6004 6100 6006 2608 6312 2509 6201 6315 2513 / Case PC15-020 6200 & 6210 Pool Road Subject Property City of Grapevine Legend Properties within 200 feet Subject property Parcels City Limit Notification Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address LUEVANO, JAVIER A 2507 HIGHLAND MEADOW DR COLLEYVILLE Texas 76034 2507 HIGHLAND MEADOW DR WEITZER, CHRISTOPHER P 2605 HIGHLAND MEADOW DR COLLEYVILLE Texas 76034 2605 HIGHLAND MEADOW DR KELLERMAN, T J 2504 HIGHLAND MEADOW DR COLLEYVILLE Texas 76034 2504 HIGHLAND MEADOW DR TUGGEY, MATHEW 2601 HIGHLAND MEADOW DR COLLEYVILLE Texas 76034 2601 HIGHLAND MEADOW DR F H C TRUST 2140 HALL JOHNSON RD # 102-174 GRAPEVINE Texas 76051 2506 HIGHLAND MEADOW DR TEUTSCH, ROBERT 2507 HEATHER GLENN CT COLLEYVILLE Texas 76034 2507 HEATHER GLENN CT MADISON, ANGIE 2603 HIGHLAND MEADOW DR COLLEYVILLE Texas 76034 2603 HIGHLAND MEADOW DR SPRIGGS, JAMES A 2505 HIGHLAND MEADOW DR COLLEYVILLE Texas 76034 2505 HIGHLAND MEADOW DR HENRY, E EUEL 2509 HIGHLAND MEADOW DR COLLEYVILLE Texas 76034 2509 HIGHLAND MEADOW DR KIMBALL, BRADLEY 2505 HEATHER GLENN CT COLLEYVILLE Texas 76034 2505 HEATHER GLENN CT Grapevine-Colleyville ISD 3051 Ira E. Woods Ave.Grapevine Texas 76051 State law required City of Grapevine PO BOX 95104 Grapevine Texas 76099 Courtesy Notice HIGHLAND MEADOWS HOA PO BOX 662 COLLEYVILLE Texas 76034 Courtesy Notice MATT HIBBITT 8241 MID CITIES BLVD. #102 NORTH RICHLAND HILLS Texas 76182 Applicant Public hearing notices were mailed Friday, January 22, 2016 by Taci Wrisley Notification List