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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-8/24/2007ca~~<~, City of Colleyville ~ Meeting Agenda 7k•K:. Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, August 27, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING ?:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Duffy 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES August 13, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lots 1 and 2, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-07-046 City of Colleyville _ Page 1 Prnted on 8/24/2007 Planning and Zoning Commission Meeting Agenda August 27, 2007 8. PUBLIC HEARING AGENDA ITEMS 8a Consider an amendment to the Master Thoroughfare Plan to remove Heritage .Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 8b Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 9. -STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. A I hereby ~et~tify the abo~ agenda was posted on the bulletin boards at City Hall on Friday, ;, ugust 24, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 8/24/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. colleyville. com .1"c~~t~ Minutes -Draft Monday, August 13, 2007 7:00 PM City Council Chambers Planning and Zoning Commission C '<•r Ci of Colle V~~~e 100 Main Street ~- ~ ~ Y Colleyville, Texas 76034 Minutes -Draft c81 ~ soy-, 000 www.colleyville.com n.,., Planning and Zoning Commission Monday, August 13, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 13, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the July 23, 2007 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Cify of Colleyville Page 7 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 1 of the pavis Medical Office Addition being 0.7 acres on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case P-07-037 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-037. Commissioner Duffy seconded. Joanna Kepler with Baird Hampton and Brown came forward to answer any questions. Commissioner Dudziak questioned Ms. Kepler regarding the cross access easement waiver, has it been .considered that there may or may not be a median cut that will allow access from the northbound lane of SH26? Ms. Kepler questioned Commissioner Dudziak if he is asking about the driveway location? Commissioner Dudziak stated if there are not any cross access easements it will be more difficult for other traffic to go either into the development from the northbound direction or from one property to the other. Commissioner Dudziak questioned Ms. Kepler if that has been discussed with the other individuals? Ms. Kepler replied that was not something that was discussed and they did not talk about the cross access. Commissioner Phelps questioned Ms. Kepler regarding what is the easement to the rear of the property connecting to? Ms. Kepler replied the reason for providing that was for if in the future the property to the south was added, they could then provide a cross access easement. She stated currently there are handicap parking spaces that could be restriped and the cross access could be provided at that location. Commissioner Phelps and Ms. Kepler discussed the length of the driveway regarding fire access. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Nay: 1 -Dudziak City of Colleyville Page 2 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 7b Approval of a Minor Plat for The Gardens Addition being 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case P-07-040 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the lot to the rear has a full access easement to Colleyville Boulevard? Ron Ruthven replied yes, there is an access easement that goes all the way to Colleyville Boulevard. Commissioner Phelps moved to approve case P-07-040. Commissioner Dudziak seconded. Commissioner Duffy questioned if the driveway to the south side of this property is included. in this plat? Ron Ruthven replied that driveway is not included in this plat. Commissioner Duffy questioned if those homes are addressed on Colleyville Boulevard? Ron Ruthven replied they appear to be addressed on Colleyville Boulevard. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Replat for Lots 7R1, 7R2 and 7R3, Block 1 of the Heritage Office Park Addition on 2.2 acres being Lot 1, Block 1 of the Heritage Office Park Addition located at 5205 Heritage Avenue, Case P-07-038 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:24 p.m. Cindy Plano, the builder, and Jeff Bullard, the applicant, came forward to answer any questions. Commissioner Duffy questioned Fire Marshal McKeown regarding if the east end of this lot is covered by fire protection? Marshal McKeown replied that fire access and fire protection are required at the time of building permits and are absolutely necessary. There being no one wishing to speak, the public hearing was closed at 7:25 p.m. Commissioner Knox moved to approve case P-07-038. Commissioner City of Colleyvipe Page 3 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 Taylor seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8b Approval of a Replat for Lots 2R1 and 2R2, Block 1 of the Combs Addition on 1.4 acres being Lot 2, Block 1 of the Combs Addition located at 6104 Hunter Lane, Case P-07-039 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:27 p.m. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Commissioner Dudziak moved to approve case P-07-039. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8c Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road., Case Z-07-022 Ron Ruthven presented the case and briefed the Commissioners Commissioner Dudziak questioned .staff regarding if the open space requirements have been met and that the pond does not exceed 25% of it's total toward the open space? Ron Ruthven replied the open space is just below the open space requirements for a PUD requirement, however, the pond is not more than 25% of the open space. Commissioner Byerly opened the public hearing at 7:30 p.m. Curtis Young, the applicant, came forward to present the case and brief the Commissioners. Commissioner Taylor questioned Mr. Young if this will be a gated community? Mr. Young replied this will not be gated. Commissioner Phelps questioned Mr. Young regarding what materials are being used for the perimeter fencing? Mr. Young replied wrought iron with masonry columns. He stated the greenbelt will be visible from the roads. City of ColleyviNe _ Page 4 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 Commissioner Phelps questioned Mr. Young if there would be any other additional gates within the development to enter? Mr. Young replied no, the only entries are off of Amador and Hall Johnson. Commissioner Dudziak questioned Mr. Young regarding the commitment to put in trees, is one every 50 feet based on that perimeter distance for the common area number one? Mr. Young replied yes. Commissioner Dudziak questioned Mr. Young if existing trees would be .used in the common area number two area? Mr. Young replied yes. Commissioner Dudziak questioned Mr. Young if there will be some type of arbor for the people to sit underneath? Mr. Young replied yes. Commissioner Phelps and Mr. Young discussed the entry ways to the park area. Commissioner Dudziak questioned Mr. Young if the sidewalk will be concrete? Mr. Young replied yes. Commissioner Knox questioned Mr. Young regarding what will the average square footage of the homes be? Mr. Young replied the average will be well over 3,000 square feet, somewhere between 3,300 and 3,600. Commissioner Taylor questioned Mr. Young if these will be two story structures? Mr. Young replied there will be a few. Commissioner Dudziak questioned Mr. Young if there are concerns for the two story structures from the residents to the east? Mr. Young replied none known. He stated there will be trees and setbacks to accommodate the privacy. Tom Pasquale, 2306 Arbor Trail, spoke in favor of this request and stated it will be an asset to the community. Carolyn Meeks, 2307 Poplar Lane, spoke in favor of the project and stated it will enhance the neighborhood. Gaye Lynn Wimmer, 5700 Winding Trail, stated not being opposed to the project on whole, but stated having concerns for the lot sizes and barriers between the two. Keith Coburn, 5505 Sycamore Drive, spoke in favor of the project and stated he wanted the Plant Shed to go away. Marsha Gayle, 2502 Arbor Trail, spoke in favor of the project and stated City of Colleyville Page 5 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 because she is in real estate she knows what the people are wanting. Dale McCawley, 5809 N. Ballantrae Drive, spoke in favor of the request. Lorin Wilson, 68 Nottingham Place, spoke in favor of the request and stated the home values in the area will increase with this project. Kent Harold, 5704 Winding Trail, stated something needs to be done with the Plant Shed, but. not this development. He stated not being in favor of the request. Mark Humiston, 5501 Dusty, stated being in favor of the request but stated having issues with the zoning portion, he would like to see R20 zoning, but would be happy with R10 zoning. Jeff Avery, 3063 Parr Lane, Grapevine, stated being interested in buying these type lots. He spoke in favor of the request. Fred Mills, 5400 Linden Court, spoke in favor of the request and stated the developer is trying to work with the neighborhoods surrounding this development. Dave McCormack, 6612 McMakin Court, spoke on behalf Dale McCulley, 5808 N..Ballantrae, and stated Mr. McCulley is in favor of the request. There being no one wishing to speak, the public hearing was closed at 8:31 p.m. Mr. Young came forward to address the concerns of the speakers. He stated drainage is always a concern and he stated they will take into consideration all of the issues regarding the neighbors and drainage. Commissioner Duffy questioned Mr. Young regarding the drainage analysis, one has been turned in and accepted by staff? Mr. Young replied yes. Commissioner Duffy stated all of the houses along Winding Trail are two story. He thanked him for his changes from the previous submittal and stated he would be in favor of the request. Commissioner Taylor thanked the citizens for their comments and intelligence. Commissioner Dudziak questioned if there could be some additional screening for Lots 5-8 for privacy? Mr. Young replied there will be trees planted that will eventually provide the additional screening. Commissioner Redfearn and Mr. Young discussed the trees that are currently on the property and the additional trees that will be provided for City of Colleyville Page 6 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007. screening. Commissioner Duffy stated again that the houses on Winding Trail are two story. He stated not having an issue with this development having two story homes as well. Commissioner Dudziak questioned Mr. Young if the drainage will be addressed and directed in a southern direction? Mr. Young replied it will be detained in the detention pond that is on the plan and when it leaves the detention pond, it will drain in the natural flow to the south. Commissioner Dudziak questioned Mr. Young regarding if those lots will be raised above that will cause the fences and the houses to be raised above on the east side? Jeremy Hutt, Project Engineer for City of Colleyville, stated there have not been any grading plans submitted. He stated there has been a preliminary drainage analysis to show where the water will go and how the developer will detain it. He stated not having seen any grading plans which indicate any major changes in the topography for the area. Commissioner Knox questioned Mr. Young if there will be storm drainage system installed in the street. Mr. Young replied it will be an above ground drainage facility that will ultimately go to the drainage channel. Commissioner Duffy moved to approve case Z-07-022. Commissioner Dudziak seconded. Commissioner Phelps stated along the eastern property line, there is a ridge that naturally drains both directions, therefore, the plans indicate there may be an opportunity for the drainage to be addressed. Commissioner Redfearn stated there is some goodness to the PUD zoning with regards to the open space that is provided and is contiguous. He stated there is an improved screening. He stated this project has improved since the last submittal and he stated he appreciates the support of the neighbors. Commissioner Byerly thanked the citizens for coming out. He stated there is not a R10 zoning district and that the PUDR is the closest to the R10 zoning district. He stated there could be more lots in this project if there were a R10 zoning district. He stated the opposition has already triggered the need for a super majority vote for City Council. He stated those who spoke in favor of the project need to come to the City Council meeting. Commissioner Taylor stated if the others who opposed the plan possibly saw the new plan, they may rescend their vote that would take away the __ - City of Colleyville Page 7 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 need for the super majority for City Council. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8d Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if Mr. Wayne Quenichet has been contacted and does he agree with the statement in the Applicant's Response to the Development Review Committee memo? Ron Ruthven replied Mr. Quenichet has not contacted the office. Commissioner Byerly opened the public hearing at 8:51 p.m. Ben Thompson, the applicant and property owner, presented the case and briefed the Commissioners. Commissioner Duffy stated to Mr. Thompson regarding the parking area right on Glade Road will be lost as soon as Glade Road is expanded. Mr. Thompson stated the right of way has been indicated on the exhibit. Commissioner Duffy stated if the parking is put behind the house, off of Oak Timbers, all of the trees out front could be saved and it would be safer than backing in and out on Glade Road. Commissioner Duffy questioned Mr. Thompson if the parking could be put behind the house farther away from the intersection? Mr. Thompson replied the purpose for the parking out front was to keep the parking away from the neighborhood. He stated most of the nicer trees are in the back yard. He stated wanting this project to be low impact. Commissioner Phelps stated Oak Timbers is providing the most hazard but by closing off that entrance and having the parking out front, makes the design useless. He questioned Mr. Thompson if there was consideration regarding a wrap around or pull in to come in past the house? Mr. Thompson stated that was considered and that was the last option, primarily because they want to minimize the impact. He stated the sea of concrete would kill several trees and have a negative impact on the neighborhood. He stated they would be willing to put in a right turn only lane and route all of the traffic down Oak Timbers and then have the traffic come back to Glade Road, if that is what is desired from a safety stand point. City of Colleyville Page 8 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 Commissioner Phelps questioned Mr. Thompson regarding how many parking spaces are actually needed? Mr. Thompson stated a maximum of about five because of the access issues on Glade Road and Oak Timbers. Commissioner Phelps stated the public safety is a bigger issue than saving trees. He stated being in favor of redesigning the parking areas for public safety reasons other than to save trees, in this case. Mr. Thompson stated working with the existing property may not be the case. Commissioner Dudziak questioned Mr. Thompson regarding the Applicant's Response to the City includes a Phase III construction which may include executive type leasing, are there other phases that are planned that will expand the foot print of the building? Mr. Thompson replied the foot print of the building would remain as is and the parking is spaced for the building as it is. There being no one wishing to speak, .the public hearing was closed at 9:03 p.m. Commissioner Phelps questioned staff regarding what are the procedures regarding if this were to be declined, what options does the applicant have? City Attorney Kallas replied if there is a denial, there would be super majority vote at City Council if the applicant were. to appeal or the applicant could withdraw his request and come back to the Commission with a different request. He stated the applicant could also request that the Commission table the request to make the necessary changes without having to reapply with an additional fee. Commissioner Phelps questioned Mr. Thompson if he would rather have it be declined or continue to another date to work out some of the issues. Mr. Thompson stated he wished for the Commissioners to vote on the request as he has presented the best plan in the best interest of the neighborhood. He stated the worst case, he could resubmit with an additional fee. Tina Thompson, the applicant's wife, questioned if the item were to be tabled, could they come back with some changes without having to pay an additional fee? Staff concurred. Mr. Thompson replied he would be happy to table the request. Chris Fuller stated there would be a fairly quick turn around to be able to be scheduled for the next meeting. Commissioner Phelps moved to continue to the first meeting in September or sooner at staff's discretion. Commissioner Byerly seconded. Commissioner Byerly stated if the entrance on Glade Road is eliminated and the entrance on Oak Timbers is moved farther down, to get it out of the safety zone, even if that means there are some trees lost or parking City of Colleyville Page 9 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 spaces lost, then so be it. Chris Fuller replied there may be a way to bring it into compliance with the code. He stated the entrance on Glade Road would not be in compliance. Commissioner Phelps stated in that instance, the entrance and all of the parking will be in the back. Commissioner Byerly stated the only option would be to move the entrance on Oak Timbers down to be out of the safety zone, therefore, the parking can still be in the front. Commissioner Redfearn questioned staff regarding how many feet from Glade Road should the entrance be placed? Ron Ruthven replied 75 feet. Commissioner Phelps questioned staff if that 75 feet is with the new and improved Glade Road? Ron Ruthven concurred. Commissioner Byerly questioned Mr. Thompson regarding how many parking spaces is needed? Mr. Thompson replied five would be the minimum, nine would be the maximum. He stated there may be tenants that may need the parking. Commissioner Byerly and Mr. Thompson discussed issues with the driveway placement. Commissioner Dudziak stated wanting staff to be fully satisfied with the driveway placement to achieve safety. He stated he would follow those guidelines as recommended by staff. Commissioner Phelps stated the Oak Timbers driveway is too tight. He stated being concerned with the Glade Road entrance. He stated not wanting to see any trees destroyed, however, the safety of the people is of utmost concern. Commissioner Knox stated being in the same as Commissioner Dudziak and Commissioner Byerly. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8e Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case Z-07-030 Ron Ruthven presented the case and briefed the Commissioners. The Commission recessed at 9:22 p.m. City of Colleyville Page 10 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft The Commission reconvened at 9:29 p.m. August 13, 2007 Commissioner Byerly questioned staff if this SUP mirrors a previous PUD ordinance that has expired? Chris Fuller replied yes, the conditions and standards have been taken from the previous ordinance. Commissioner Duffy and staff discussed the notification list and the properties that were notified. Commissioner Phelps questioned staff if 7001 Colleyville Boulevard will still have access to their property? Ron Ruthven stated that property has been granted access to Colleyville Boulevard by an easement to the south of the subject property. Commissioner Dudziak questioned staff if the SUP is for the entire property and structure as contained on the site plan? Chris Fuller concurred. Commissioner Duffy questioned why did the previous SUP expired? Ron Ruthven stated there was no certificate of occupancy applied for or building permit applied for within a specific period of time, therefore, it has expired. Commissioner Duffy questioned if this property has changed hands? Ron Ruthven stated not knowing. Commissioner Duffy stated not being comfortable with a blanket SUP on the property. Chris Fuller stated the Town Center development is similar to what .this developer is requesting, therefore, blanket SUPs have been granted in the City. Commissioner Dudziak stated if a blanket SUP is not approved, will the applicant have to come back and request a SUP for the individual units? Chris Fuller replied yes. Commissioner Byerly opened the public hearing at 9:36 p.m. lan Norfolk, the applicant, stated they are not asking for anything more than what was previously requested. Commissioner Dudziak questioned Mr. Norfolk regarding why the blanket SUP? Mr. Norfolk stated it will be much like the Town Center development. The blanket SUP request makes it easier for the rental of the properties, it makes the development more marketable. Commissioner Redfearn questioned the SUP request for hours of operation? Mr. Norfolk stated it being the normal operating hours of a standard restaurant facility. City of Colleyville Page 11 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 Commissioner Redfearn questioned staff if these hours are consistent with other SUPs in Colleyville? Chris Fuller concurred. Commissioner Duffy questioned Mr. Norfolk regarding how long has this concept been around, about five years? Mr. Norfolk stated he completed this project about two months ago. Commissioner Duffy stated the sign on the property has been there for several months and it states commercial. Mr. Norfolk stated this plan has not been around for a long time. Kip Whitman, the owner of the property, stated he attempted to develop this property a long time ago but when the realignment for John McCain did not happen, he lost the prospective tenants he had in line. Mr. Whitman briefed the Commissioners regarding the concept plan. Commissioner Phelps questioned Mr. Whitman regarding the overall .intent, in general, what is the design? Mr. Whitman presented a drawing showing the development. Commissioner Taylor questioned if there are tenants who are ready to lease? Mr. Whitman replied yes, the Chamber and possibly a sushi restaurant. Stephen Bates, 2205 Danielle Drive, stated having concerns for the alcohol sales, hours of operation and the parking in the rear. He stated not having issues with the businesses. Pat Devonshire, 2201 Danielle Drive, stated having concerns for the alcohol sales, hours of operation, the noise and potential for crime. She stated the developer has not given any consideration to the neighbors. She stated the garden terraces will look directly down into her yard. She stated the parking in the rear is not good for the neighbors. There being no one wishing to speak, the public hearing was closed at 9:55 p.m. Mr. Whitman came forward to answer the questions of the neighbors. Commissioner Redfearn questioned staff regarding if this property has been zoned CC1 since 1998. Chris Fuller replied yes. Commissioner Dudziak questioned staff if the minor plat has been approved? Ron Ruthven replied yes. Commissioner Dudziak questioned staff if the Commission is approving this layout or just the SUP request? Ron Ruthven replied just the SUP request. Commissioner Phelps questioned staff regarding if this layout is a City of Colleyville Page 12 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft August 13, 2007 binding document with the SUP? City Attorney Kallas replied that is an exhibit attached to the request, the SUP for alcohol does not contain the exhibit in the conditions. Commissioner Phelps moved to approve case Z-07-030. Commissioner Redfearn seconded. Commissioner Knox questioned staff if the rear yard set back is being waived by this ordinance? City Attorney Ka11as stated they are asking for the same as the previous ordinance that was previously approved by the City. Commissioner Phelps stated the SUP for alcohol use is the same privilege to open any chain restaurant, but being able to solicit, in the interest, to extend what has been there up to this point.. He questioned staff regarding if there is another termination period where this would expire if there is not a building permit issued? Ron Ruthven stated there is an automatic appeal clause if there is not a certificate of occupancy or building permit issued within a one year period. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8f Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 10:05 p.m. There being no one wishing to speak, the public hearing was closed at 10:06 p.m. Commissioner Dudziak moved to approve case G-07-013. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS None City of Colleyville Page 13 Printed on 8/20/2007 Planning and Zoning Commission Minutes -Draft. August 13, 2007 11. ADJOURNMENT The meeting adjourned at 10:07 p.m. 1 hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyvilie Page 14 Printed on 8/20/2007 ~, ~~ Cit of Colleyville T y Colleyville, exas 76034 (817) 503-1000 r~;; Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 08/27/2007 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Minor Plat for Lots 1 and 2, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-07-046 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 08/27/2007 Planning and Zoning Commission Title Approval of a Minor Plat for Lots 1 and 2, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-07-046 Explanation Consolata Adhiambo Bryant is the developer of a 3.0 acre tract of land located at 2313 Glade Road. A minor plat request by the applicant for the same property was denied by the Planning and Zoning Commission on July 9, 2007. Due to the fact that the applicant was not in attendance when the previous request was denied, the applicant has resubmitted the request for approval so that they may have a chance to present the case in person. The request is for approval of a minor plat that will consist of two residential lots. As shown on the exhibit submitted by the applicant, Lot 2 is classified as a "flag lot." The applicant is requesting a waiver to the prohibition of flag lots as described in Section 9.7, Subdivision Design, Land Development Code. The developer is requesting a waiver of the flag lot provision as the proposed lot layout is the only feasible option without extending a public street into the property. Zoning. The property is zoned R20-Single Family Residential. Both lots meet the minimum requirements of the R20 zoning district. Although Lot 2 requires a waiver to the lot design requirements of Section 9.7, it meets the lot width requirement of 100 feet per the R20 zoning district because lot width is measured at the front building line. Existing Conditions. There is an existing home on the subject property that would City of Colleyville Page 1 Printed on 8/24/2007 Agenda Briefing Continued straddle both proposed lots. The applicant has stated that he intends to demolish the house before the approved plat is filed with the County. Drainage. A lot grading plan will be necessary at time of building permit for the construction of new homes. The Engineering Department will review and accept lot grading plans during the building permit process. Parkland Dedication Fees. Parkland dedication fees are not required for Lot 1 due to the presence of the existing home. Parkland dedication fees are required for the newly created lot. Sidewalks. The Land Development Code requires a sidewalk along Glade Road. The sidewalk must be five (5) feet in width and constructed as new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required for Lot 1 due to the presence of the existing home. Perimeter street improvement fees are required for the newly created lot. Tree Preservation. Trees not located within the building footprint(s) must be preserved during construction. Before construction begins on the site, protective fencing must be installed around, all preserved trees located outside of the building footprint. Summary. Approval of the plat will require a waiver to the flag prohibition for Lot 2 described in Section 9.7 of the Land Development Code. The. proposed lots meet the minimum requirements of the R20-Single Family Residential zoning district. The Land Development Code allows the Planning and Zoning Commission to approve a subdivision plat that contains a waiver request. Recommendation Denial due to technical non-compliance with the Land Development Code. City of Colleyville Page 2 Printed on 8/24/2007 Location and Zoning Map 3209 2301 2303 2305 2307 2309 2401 2403' "2405 5100 5017 2200 ' 5096 R4U i ' ^' 5008 5007 2 406 i, '~ ~ 5008 5005 ^~+ 5p04 ` ~ ,; 2308 3;10?~ 2112: ~?00 ._ 5002. ~. ~ ;f 2208 230p 2406 „ ` ` .~ 24D 5090 ~~_ ~`k.~;. Sit ~ . e 2202 '' 2305 2201 2 7 2205 2309 p' 4913- 4912. 49 i3 11 2301. 491p 2313 4904 4905 4904 490 4811 00 ` 2117 4809 '4808 4811 4812 4808 4808 48 480$ 481 1 4805 4804 48 0 4805 4800 2313 R O 4804 4801 , 4801 48C0 4891 4801 4800 47D9 4708 470 47D5 4800 4712 4723 4708 47D5 4704 470 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 15, 2007 TO Consolata Adhiambo Bryant FAX NO 817.268.0722 FROM Ron Ruthven, Development Coordinator SUBJECT P-07-046 Beden Addition Minor Plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Lot 2 is a flag lot and does not conform to Section 9.7(f) of the Land Development Code, which prohibits flag lots. Therefore a waiver to the flag lot prohibition must be approved by the Planning and Zoning Commission. 2. Any water system or fire hydrant needs to be on a loop system. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 3. A paved, 24 foot fire lane is required from Glade Road to the building line of Lot 2, where an approved tum-around must provided. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. In Your ResRonsg Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Glade Road. Perimeter street improvements are required for the newly created lot(s) since Glade Road is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. 100 Main Street, Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-046 BEDEN ADDITION MINOR PLAT SIDEWALKS. The Colleyville Pathways Plan requires a sidewalk to be constructed along Glade Road. The sidewalk along Glade Road must be at least 5-feet wide. The sidewalks must be installed when any new structures are built on the property. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per dwelling unit. The fee must be paid before a building permit will be issued. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid maybe different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY $2,187 for a SINGLE FAMII,Y DETACHED HOUSING unit. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 27, 2007, 7:00 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the exhibit; The above requested items must be submitted no later than noon on Wednesday, August 22, 2007, in order to make the scheduled hearings. Please contact me at ruihvenr,cUCi.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 The Development Review Committee (DRC) C/o Ron Ruthven City of Colleyville 100 Main Street, Colleyville TX 76034 Re: P-07-046 Beden Addition Minor Plat Dear Committee Members, This letter is in response to your comments dated August 15, 2007 on the subject above. Each comment has been addressed and/or further documentation will be provided at the P & Z meeting come August 27, 2007. They are as follows: 1. The non-conformance to the land development code prohibiting flag lots is acknowledged. This lot, by its very nature and configuration pose immense hardship and has stretched imaginations towards its development. It is a very deep and narrow 3 acre lot with access only from Glade road. Alternative ways of utilizing the lot has proved abortive. A waiver to the flag lot provision of the land development code is hereby requested. We are prepared to work with the city in other areas towards mitigating this situation. 2. If it is determined at the time of design and construction that a fire hydrant is needed, we will comply with the requirement of having it on a loop system. 3. At the time of writing this letter, fire Marshall is to check if this requirement applies to a private drive. 4. Acknowledgement is hereby made as to perimeter improvement fees due at the time of plat approval. 5. In conformance with Colleyville's pathways plan, a 5 feet wide sidewalk will be constructed at the time of development of the property. 6. Parkland dedication fees, due at plat approval is acknowledged. 7. Tree preservation guidelines will be observed during construction. 8. Impact fees will be paid as determined during permitting. Thank you for your continued co-operation in this matter. 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Mr. Shepherd is the developer of 100.7 acres that fronts on the western portion of Heritage Avenue that is being requested for the amendment. The Master Thoroughfare Plan currently designates Heritage Avenue as a major collector street with four lanes and 80 feet of right-of-way. A collector street is defined as a street which carries traffic from local streets to the system of major streets, including the principal entrance street or streets into a subdivision development, and streets designed primarily to provide traffic circulation within or between one (1) or more subdivisions. Within the City of Colleyville, Heritage Avenue extend from Hall Johnson Road to Cheek Sparger Road. The portion of Heritage Avenue between the Hall Johnson Road and Glade Road is currently improved as a four lane major collector street. The portion of Heritage Avenue that is being considered for this request, located between Glade Road and Cheek Sparger Road, is currently unimproved. This portion of the road is bordered on the east side by the City of Euless and bordered entirely on the west side by undeveloped property that is being considered for development by the applicant. The property to east, located in the City of Euless, is currently approved for a major commercial City of Colleyville Page 1 Printed on 8/24/2007 Agenda Brieting Continued and residential development. Although the subject portion of Heritage Avenue borders the City of Euless, the right-of-way for Heritage Avenue lies completely within the City of Colleyville. The developer of the commercial and residential development within the City of Euless has agreed to construct two lanes of Heritage Avenue from Glade Road extending approximately 1,600 feet to the south. The scope of improvements to the remainder of Heritage Avenue will be determined upon an assessment of the current roadway conditions. The applicant of this request, as the developer of the property in the City of Colleyville, is required to provide the right-of-way dedication that will complete the 80 feet of right-of-way width that is required by the Master Thoroughfare Plan to accommodate the alignment of Heritage Avenue. Traffic Impact Analysis. As part of the development that is being proposed by the applicant, a Traffic Impact Analysis (TIA) was contracted to the engineering firm of Freese and Nichols. As part of the analysis, the consultant made recommendations for the improvement of Heritage Avenue. One of the recommendations was that Heritage Avenue remain on the Master Thoroughfare Plan as a major collector street. The following are all of the conclusions and recommendations made by Freese and Nichols for the TIA: ^ The background traffic plus the traffic generated by the proposed developments (in the City of Colleyville and the City of Euless) is expected to reach 6,494 vehicles per day on Heritage Avenue near Glade Road by 2012. ^ Heritage Avenue would operate at an acceptable level of service as a two lane undivided collector based on traffic projected to 2012. ^ If Heritage Avenue is improved, the thoroughfare could function as an alternate north/south route during flood events and provide an alternate north/south thoroughfare with regional continuity. Based on the conclusions above, the following recommendations for improvements to Heritage Avenue were reached: ^ Heritage Avenue should be improved as a two lane concrete roadway to serve the proposed developments in the City of Colleyville and the City of Euless on either side of the floodplain. ^ The sections of Heritage Avenue located within the floodplain should be improved, repaired and resurfaced to a minimum width of 24 feet and flood gates should be added to the roadway on each end of the floodplain. ^ Heritage Avenue should remain on the Master Thoroughfare Plan as a four lane undivided major collector with 80 feet of right-of-way. With the growth in the area and the regional significance of Heritage Avenue, it is anticipated that Heritage Avenue will warrant a four lane cross-section in the future. ^ A three lane northbound approach on Heritage Avenue be constructed at the intersection of Heritage Avenue and Glade Road to accommodate a dedicated left turn lane, through lane and dedicated right turn lane. ^ The free right turn lane at the intersection of Cheek Sparger Road should be removed as part of the redevelopment of the northwest corner of Heritage Avenue and Cheek Sparger Road. City of Colleyville Page 2 Printed on 8/24/2007 Agenda Briefing Continued ^ Dedicated southbound and eastbound left-turn lanes should be constructed at the intersection of Heritage Avenue and Cheek Sparger Road. The following is the regional analysis of Heritage Avenue made by the consultant: "Although Heritage Avenue is justified based on the local analysis presented in this TIA, this study also looked at the need for Heritage Avenue from a regional perspective. Heritage Avenue is designated as a regional four lane thoroughfare on the- North Central Texas Council of Governments (NCTCOG) regional thoroughfare plan. The plan shows Heritage Avenue extending from Cheek Sparger Road north to SH114. This is also reflected on the City of Grapevine and City of Southlake thoroughfare plans. Once the City of Grapevine completes the missing sections of the regional thoroughfare plan, Heritage Avenue could serve as an alternate route to access SH26 and SH 114." Summary. Given the analysis, conclusions and recommendations made by Freese and Nichols in the TIA, staff feels the current and future importance of Heritage Avenue as a major collector street is integral in addressing the traffic needs of the proposed development, the City of Colleyville and region. Recommendation Denial City of Colleyville Page 3 Printed on 8/24/2007 Landstat, L.P. P.O. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville Z-07-008 Dear Mr. Fuller, I am hereby formally requesting to amend the master thoroughfare plan to delete Heritage Ave. from its existing termination South of Glade Rd. to Cheek Sparger Rd. This request is made in response to Comment No. 11 by the Development Review Committee. Thank you for your time devoted to this matter, your consideration is very much appreciated. ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF COLLEYVILLE, TEXAS, AND AUTHORIZING PUBLICATION WHEREAS, the City Council adopted a Master Thoroughfare Plan on October 15, 1986 by approval of Ordinance 0-86-631; and WHEREAS, the City Council approved the alignment of Village Park, Thompson Terrace, Bedford Road and Pleasant Run Road on August 19, 1997, with the approval of Resolution R-97-1307; and WHEREAS, the City Council adopted the Land Use Plan and the Thoroughfare Plan on September 1, 1998, with the approval of Resolution R-98-1408; and WHEREAS, the City Council amended the Master Thoroughfare Plan on January 4, 2000, with the approval of Ordinance 0-99-1198 to change the classification of Village Park and Thompson Terrace from two-lane roadways to multi-lane roadways and adopted standards for right-of-way and pavement widths; and WHEREAS, the City Council amended the Master Thoroughfare Plan on April 19, 2005, with the approval of Ordinance 0-05-1521 to delete an un-named future north-south collector roadway situated between L. D. Lockett Road and McDonwell School Road; and WHEREAS, the City Council amended the Master Thoroughfare Plan on August 2, 2006 with the approval of Ordinance. 0-06-1583 to delete the Minor Collector roadway shown as Sanders Lane, Wyatt Drive and Industrial Boulevard and; WHEREAS, the Planning and Zoning Commission has held a public hearing, received citizen input and has made recommendation regarding the proposed amendment to the Master Thoroughfare Plan; and WHEREAS, notice of public hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-07-xxxx Page 2 of 3 Sec. 1. THAT the Master Thoroughfare Plan adopted by Resolution R-98-1408 is hereby amended to incorporate the following changes: The portion of the Major Collector roadway shown as Heritage Avenue on the current Master Thoroughfare Plan between Glade Road and Cheek Sparger Road, attached as Exhibit "A", is hereby eliminated from the Master Thoroughfare Plan. Sec. 2. THAT the Master Thoroughfare Plan, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 3. 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. 4. THAT 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. 5. THAT 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. 6. THAT this ordinance shall take effect immediately from and after its passage. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Ordinance 0-07-xxxx Page 3 of 3 Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT "A" Location of Heritage Avenue between Glade Road and Cheek Sparger Road Eliminate from the Master Thoroughfare Plan r Cheek Sparg,er Road 4y "(if City of C o I I eyvi I l e Colleyville,aTexas 76034 (817) 503-1000 ~~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 08/27/2007 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development. Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 Attachments: Location and Zoning Map Notification List Letters of Support for Residential Letters in Opposition Statement of Planning Objectives Preliminary Traffic Impact Analysis Development Review Committee Memos Applicant's Response Letter from Mr. Bieberstein Regarding Park Land Small Lot Subdivisions Table Conceptual Site Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 08/27/2007 Planning and Zoning Commission Title Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 Explanation Buddy Shepherd submitted a request to change the zoning of 108.5 acres, located in the 4900 Block of Heritage Avenue. The applicant is requesting to rezone the property from AG-Agricultural to PUDR-Planned Unit Development Residential. The applicant is seeking a zoning change in order to develop the property for 260 single family residential lots and two commercial lots. The two commercial lots are proposed to allow uses that are allowed in the CN-Neighborhood Commercial, CC1-Village Retail and CC2-Shopping Center zoning districts. Existing Conditions. The property is currently undeveloped and unplatted. Little Bear Creek bisects the property into two sections, one northern, consisting of approximately 50 acres, and one southern, consisting of approximately 28 acres, with the Little Bear Creek floodplain taking up approximately 30 acres of the middle of the property. The eastern portion of the property is bounded by Heritage Avenue, of which the eastern portion of the roadway abuts the border between the City of Colleyville and the City of Euless. Cify of Colleyville Page 7 Printed on 8/24/2007 Agenda Briefing Continued Master Thoroughfare Plan. The applicant is requesting an amendment to the Master Thoroughfare Plan in order to remove Heritage Avenue between Glade Road and Cheek Sparger Road. Heritage Avenue is designated as a major collector road on the Master Thoroughfare Plan. As such, it is required to have 80 feet of right-of-way with a total of four lanes upon final improvements. The portion of Heritage Avenue between Glade Road and Cheek Sparger Road is unimproved. Access/Traffic Generation. The concept plan submitted by the developer shows primary access to the development from Glade Road and Heritage Avenue on the north side and Cheek Sparger Road on the south side. Based on the recommendations of the Traffic Impact Analysis (TIA) conducted by Freese and Nichols, staff recommends that there be no access to Glade Road from this development. The developer is also proposing a street connection with Wnewood Place, which would provide connectivity to the Prestwick Park neighborhood. Staff recommends that this connection remain gated with access strictly for emergency access from the Prestwick Park neighborhood. As part of the TIA-, the following conclusions were reached: ^ The background traffic plus the traffic generated by the proposed developments (In the City of Colleyville and the City of Euless) is expected to reach 6,494 vehicles per day on Heritage Avenue near Glade Road by 2012. ^ Heritage Avenue would operate at an acceptable level of service as a two lane undivided collector based on traffic projected to 2012. ^ If Heritage Avenue is improved, the thoroughfare could function as an alternate north/south route during flood events and provide an alternate north/south thoroughfare with regional continuity. Based on the conclusions above, the following recommendations for improvements to Heritage Avenue were reached: ^ Heritage Avenue should be improved as a two lane concrete roadway to serve the proposed developments. in the City of Colleyville and the City of Euless on either side of the floodplain. ^ The sections of Heritage Avenue located within the floodplain should be improved, repaired and resurfaced to a minimum width of 24 feet and flood gates should be added to the roadway on each end of the floodplain. ^ Heritage Avenue should remain on the Master Thoroughfare Plan as a four lane undivided major collector with 80 feet of right-of-way. With the growth in the area and the regional significance of Heritage Avenue, it is anticipated that Heritage Avenue will warrant a four lane cross-section in the future. ^ A three lane northbound approach on Heritage Avenue be constructed at the intersection of Heritage Avenue and Glade Road to accommodate a dedicated left turn lane, through lane and dedicated right turn lane. The developer of the commercial and residential development within the City of Euless has agreed to construct two lanes of Heritage Avenue from Glade Road extending approximately 1,600 feet to the south. The scope of improvements to the remainder of Heritage Avenue will be determined upon an assessment of the current roadway conditions. City of Colleyville Page 2 Printed on 8/24/2007 Agenda Briefing Continued Future Land Use Plan. The Future Land Use Plan designates the subject property for future retail and single family residential uses. Approximately 33 acres of land is dedicated for retail use. The portions designated for retail use are 7.6 acres located on the northeastern and 25 acres on the southeastern portions of the property. The remainder of the .property (75.5 acres) is dedicated for single family residential uses The applicant proposes two commercial lots totaling approximately 1.6 acres in size. A one acre tract will be located at the southwest corner of Glade Road and Heritage Avenue and 0.6 acres tract located at the northwest corner of Cheek Sparger Road and Heritage Avenue. Therefore, the applicant is requesting an amendment to the Future Land Use Plan in order change the remaining 31.4 acres of future retail on the property to future single family residential uses. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. However, The Master Plan specifically states that the subject property could develop at a higher density of up to 3.5 units per acre given the location characteristics of the property. The proposed development of 260 residential units on this 108.5 acre property will produce a density of 2.4 dwelling units per acre. The applicant, however, proposes a density of 3.0 dwelling units per acre in the attached Statement of Planning Objectives. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The Riverwalk at Colleyville development contains 53 dwelling units on 20 acres for a residential density of 3.2 dwelling units per acre. The Emerald Park development contains 72 dwelling units on 20 acres for a residential density of 3.5 dwelling units per acre. The Rosewood Villas development contains 53 dwelling units on 14.7 acres for a residential density of 3.6 dwelling units per acre. A comparison of small lot subdivisions is attached to this agenda briefing. Commercial Properties. The total acreage for the commercial properties, as proposed by the applicant, is 1.6 acres; one acre to be located at the southwest corner of Glade Road and Heritage Avenue and 0.6 acres to be located at the northwest corner of Cheek Sparger Road and Heritage Avenue. A portion of the commercial property (approximately 1.4 acres) on southern part of the property will be in the City of Euless. The applicant is requesting that the uses allowed on these properties include all uses allowed in the CN-Neighborhood Commercial, CC1-Village Retail and the CC2-Shopping Center zoning districts. Staff recommends that only the sales tax generating uses and professional office uses listed in the aforementioned zoning districts be allowed. Additionally, staff recommends that the applicant extend the proposed commercial lot on the northern end of the property approximately 600 feet to the south, thus adding approximately 5 acres to the 1.6 acres proposed. Changing this property to commercial will create a buffer from the loading docks for the existing "big box" retail development across Heritage Avenue in the City of Euless by eliminating residential adjacency. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. Planning Area "A" will consist of 9,000 square foot single family lots and Planning Area "B" will consist of 5,000 square foot single family lots. The two commercial City of Colleyville Page 3 Printed on 8/2412007 Agenda Brierinq Continued lots proposed will be subject to the lot setback requirements for the CN-Neighborhood Commercial, CC1-Village Retail and CC2-Shopping Center zoning districts. It should be noted that the conceptual plan submitted by the applicant does not take into account the required 80 feet of right-of-way for Heritage Avenue, which is a major collector street, and that no access may be granted to Glade Road from the development. Therefore, lot configurations and residential densities may change given required changes in access and right-of-way dedications. The following are the proposed lot size breakdowns within each planning area: Planningg Area "A" Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth: Minimum Front Building Line: Minimum Side Building Line: Minimum Rear Building Line: Maximum Lot Coverage: Maximum Building Height: 9,000 square feet 70 feet 120 feet 20 feet or 15 feet for front swing garage 5 feet 10 feet 65% 40 feet Planning Area "B" Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth: Minimum Front Building Line Minimum Side Building Line: Minimum Rear Building Line: Maximum Lot Coverage: Maximum Building Height: 5,000 square feet 50 feet 105 feet 20 feet or 15 feet for front swing garage 0, 1 or 9 feet (10 foot min. between buildings) 10 feet 65% 40 feet Open Space. The PUDR regulations require a minimum 20% of the development be reserved for open space for use by the residents of the development. The applicant is currently proposing approximately 37% of open space. There were no details of proposed open space amenities submitted. Approximately 30% of the property (approximately 60% of the proposed open space) is located within the 100 year floodplain and 15% is located within the floodway. The 100 year floodplain essentially means that there is 1 % chance that the property could flood in any given year and the floodway refers to the part of the floodplain that carries the bulk of the floodwater downstream and is usually the area where water velocities and forces are the greatest during a major flood event. Parkland Dedication. Parks and Recreation Department consultant, Newman, Jackson and Bieberstein, Landscape Architects, was commissioned to examine the feasibility of developing the land within the floodplain as a City park. In his letter to the City, Mr. Von City of ColleyvilJe Page 4 Printed on 8/2412007 Agenda Briefing Continued Bieberstein states that "it would be very expensive to develop this land for active recreational uses in that fill and channeling Little Bear Creek would be necessary to reclaim the amount of area needed for maintainability and safe, productive use". In lieu of parkland dedication, parkland dedication fees will be required for newly created lots and will be assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot and the fee for non-residential development is $800 per acre. Sidewalks and Trails. Four (4) foot sidewalks are required to be constructed along all proposed internal streets and five (5) foot sidewalks are required along Glade Road, Cheek Sparger Road and Heritage Avenue. The Colleyville Pafhways Plan designates a 1.2 mile long, ten (10) foot wide trail to be constructed as part of this development extending from Glade Road to Cheek Sparger Road through the subject property. The applicant intends to appeal the proposed location of the trail to the Sidewalk and Trail Committee as he proposes to construct the trail along Heritage Avenue. Fences, Walls and Screening. The developer proposes to construct a six (6) foot masonry fence, per the attached exhibit, along the northern and southern boundary of the property where it abuts Glade Road and Cheek Sparger Road. Lots adjacent to open space areas will have wrought fences along the open space boundary. The developer is proposing that a six (6) foot masonry wall be required between commercial and residential uses, which is two feet below the Land Development Code requirement of eight (8) feet between residential and commercial uses. Surrounding Development Trends. The surrounding properties are single family residential, commercial and institutional uses. The properties to the north are zoned CC1-Village Retail, R30-Single Family Residential and PUDR-Planned Unit Development Residential zoning districts and are developed as a church, future townhomes and existing retail. Properties to the south are within the City of Bedford and developed as single family residences. The properties to the east are within the City of Euless and are planned to be developed as retail and residential. The properties to the west are zoned PUDR-Planned Unit- Development Residential, R20-Single Family Residential, R30-Single Family Residential, RE-Single Family Estate Residential and RD-Two Family Residential district and are developed as single family homes. Tree Preservation. A tree survey of the property will be required after final plat approval, at the time of submittal for a clearing and grading permit. Drainage and Stormwater Runoff. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Public Notification. Staff mailed notices to 82 adjacent property owners regarding this City of Colleyville Page 5 Printed on 8/24/2007 Agenda Briefin_q Continued request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received two letters of support from residents adjacent to the property in support of the residential portion of the zoning request as well as a petition signed by 32 residents in the Prestwick Park addition. Four letters in opposition have been received. Summary. The proposed zoning change is generally consistent with the Future Land Use Plan and the proposed residential density of 3 dwelling units per acre is consistent with the recommendations noted in the Colleyville Plan of up to 3.5 dwelling units per acre. Given the recommendations of the traffic impact analysis, staff does not support the applicant's request to remove Heritage Avenue from the Master Thoroughfare Plan and, further, recommends that there should be no direct access to Glade Road from this development. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 6 Printed on 8/24/2007 Location and Zoning Map Notification List OWNER NAME Alexander, Scott Etux Becky Ashby, James K Etux Gloria K Barnard, William H Etux Colene Baron, Doug Etux Sharon K Barr, Terry Etux Theresa Bond, Herman Burton, Martha Carlisle, Vinece Etvir Thomas Clegg, Francis L Etux Doris M Cohen, Andrew R Etux Miriam A Corbin, Billy J Etux Marie A Corey, David L Etux Mary B Crump, Edward J Etux Kay M Gauntt, Janine L Gavalak, K A Etux Gladys M Godbey, Neil A Greenway Glade Partners LP Harrington, R G & D Smith Exec Harrington, R G & Dorothy Exec Harrington, Samuel M Harrington, Samuel Mason Hartnett, Stephen P Hohertz, Michael Etux Marie Huber, Emery C Etux Anastasia Hyde, Franklin H ~ Peggy J Jackson, Paul K Etux Kristine Judkins, Stephen & M R Judkins Kenzie, Natalie A ENir John W Kyle, Suzanne Lappo, Cynthia L. Lenamon, Pamela Ann .Lincoln, Kathleen K Malone, Gary Louis Malone, Susan Fran Maples, Horace F McCluney, C & Amos McCluney McElroy, Richard B & Lynda McKinney, James E Etux Deanna MDC-Heritage Oaks Estates Ltd. Meeker, Timothy Etux Tamela Miller, Michael Etux Shannon Nguyen, Manh Cuong Etux Ly Thi Petty, Randy G Etux Carol S Pitts, Wallace J Etux Shari G Platania, Joseph K Etux Lynn M Ramsey, Robert Ray Routen, Rodney C Etux Patricia Saint Mary's Romanian Orth Ch Scheu, Dennis J Etux Cathy Schide, James Etux Sharon OWNER ADDR 3411 Langley Hill Ln 3907 Bowden Hill Ln E 3613 Wexford Ct 3402 Cambridge Ct 3612 Cotswold Ct 4005 Bowden Hill Ln E 4405 Bowman Dr 4306 Chrismac Way 3403 Cambridge Ct 3503 Pembrooke Pkwy S 4205 Lexington Pkwy 4202 Lexington Pkwy 3404 Pembrooke Pkwy S 4105 Lexington Pkwy 4203 Lexington Pkwy 3612 Wexford Ct 3900 Glade Rd. 2800 Heritage Ave 4000 Heritage Ave PO Box 150069 2760 Fuller Wiser Rd 1812 Cindy Ln Ste 100 3411 Bowden Hill Ln. N. 3501 Cambridge Ct 3501 Pembrooke Pkwy S 4204 Lexington Pkwy 4305 Lexington Pkwy 4207N Lexington Pkwy 414 Candy Dr. 3903 Bowden Hill Ln. E. 4318 Pembrooke Pkwy N 4101 Lexington Pkwy 4605 Winewood Ct 4605 Winewood Ct 7313 Silver Sage Dr 4200 Lexington Pkwy 3613 Winewood PI 4303 Lexington Pkwy 545 E. John Carpenter Fwy 3609 Winewood PI 3609 Wexford Ct 3412 Middleton Way 176 County Road 4680 3612 Amberley Ct 4102 Lexington Pkwy 4100 Lexington Pkwy 3609 Cotswold Ct 3801 Glade Rd 3608 Winewood PI PO Box 697 OWNER CITY Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Euless Colleyville Dallas Euless Bedford Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Converse Colleyville Colleyville Colleyville Colleyville Colleyville Fort Worth Colleyville Colleyville Colleyville Irving Colleyville Colleyville Colleyville Boyd Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville OWNER OWNER STATE ZIP TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76039 TX 76034 TX 75315 TX 76039 TX 76021 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 78109 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76137 TX 76034 TX 76034 TX 76034 TX 75062 TX 76034 TX 76034 TX 76034 TX 76023 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 SITUS ADDR 003411 Langley Hill Ln 003907 Bowden Hill Ln E 003613 Wexford Ct 003402 Cambridge Ct 003612 Cotswold Ct 004005 Bowden Hill Ln E 003809 Glade Rd 004306 Chrismac Way 003403 Cambridge Ct 003503 Pembrooke Pkwy S 004205 Lexington Pkwy 004202 Lexington Pkwy 003404 Pembrooke Pkwy S 004105 Lexington Pkwy 004203 Lexington Pkwy 003612 Wexford Ct 3900 Glade Road 002800 Heritage Ave 002800 Heritage Ave 000000 Heritage Ave 000000 Glade Rd 004500 Winewood Ct 3411 Bowden Hill Ln. N. 003501 Cambridge Ct 003501 Pembrooke Pkwy S 004204 Lexington Pkwy 004305 Lexington Pkwy 004207 Lexington Pkwy 4007 Bowden Hill Ln. E. 3903 Bowden Hill Ln. E. 004318 Pembrooke Pkwy N 004101 Lexington Pkwy 004605 Winewood Ct 004609 Winewood Ct 003804 Glade Rd 004200 Lexington Pkwy 003613 Winewood PI 004303 Lexington Pkwy 3810 Glade Road 003609 Winewood PI 003609 Wexford Ct 003412 Middleton Way 004900 Heritage Ave 003612 Amberley Ct 004102 Lexington Pkwy 004100 Lexington Pkwy 003609 Cotswold Ct 003801 Glade Rd 003608 Winewood PI 004201 Lexington Pkwy Schmidgall, Jay J Etux Robin 3909 Bowden Hifl Ln E Colleyville TX 76034 003909 Bowden Hill Ln E Scott, Larry P & Laurie A Llc 1915 Yorkshire Ct Lincoln NE 68506 003830 Glade Rd Sharp, James W Etux Barbi L 3609 Amberiey Ct Colleyville TX 76034 003609 Amberley Ct Shepard, Walter N Etux Cynthia 4003 Bowden Hill Ln E Colleyville TX 76034 004003 Bowden Hill Ln E Shuttle Consulting Limited 3612 Winewood Colleyvitte TX 76034 003612 Winewood PI Silverman, Donald Etux Joy PO Box 610735 Dallas TX 75261 003411 Middleton Way Smith, Dorothy 1600 Cripple Creek Irving TX 75061 Courtesty Notification .Sohn, Taesik Etux Kyu Nam Sohn 3608 Amberiey Ct Colleyville TX 76034 003608 Amberley Ct Sp Hartnett Co Ltd 1812 Cindy Ln Ste 100 Bedford TX 76121 003500 Cambridge Ct Stovall, Scott Etux Christi P 3905 Bowden Hill Ln E Colleyville TX 76034 003905 Bowden Hill Ln E Sublett, Chas L Etux Delores C 3608 Wexford Ct Colleyville TX 76034 003608 Wexford Ct Swann, Thomas M Etux Virginia 4313 Pembrooke Pkwy N Colleyville TX 76034 004313 Pembrooke Pkwy N Taylor, Mary Etvir Kenneth Ray 4307 Lexington Pkwy Colleyville TX 76034 004307 Lexington Pkwy Theiss, Edward Etux Patricia 4103 Lexington Pkwy Colleyvi-le TX 76034 004103 Lexington Pkwy Thetford, Jerry Etux Faye PO Box 170067 Irving TX 75017 003711 Glade Rd Torbatian, Ebrahim Etux J 4301 Lexington Pkwy Colleyville TX 76034 004301 Lexington Pkwy Tran, Tam Thi 3613 Amberiey Ct Colleyville TX 76034 003613 Amberley Ct Von Storch, Kenneth Etux Debra 5005 Overbill Dr Colleyville TX 76034 004009 Bowden Hill Ln E Watson, Richard A & Stephanie 3410 Bowden Hill Ln N Colleyville TX 76034 003410 Bowden Hill Ln N Wilkinson, Ken Etux Diana 3608 Cotswold Ct Colleyville TX 76034 003608 Cotswold Ct Witt, Robert A Etux Laurie E 4601 Winewood Ct Colleyville TX 76034 004601 Winewood Ct Witt, Robert Etux Laurie 4601 Winewood Ct Colleyville TX 76034 004503 Winewood Ct Wood, Jerry W Etux Maurine 3613 Cotswold Ct Colleyville TX 76034 003613 Cotswold Ct Wright, David R Etux Selda 3407 Pembrooke Pkwy S Colleyville TX 76034 003407 Pembrooke Pkwy S Yu, Chiao-Chin Mark Etux Yuen 3901 Bowden Hill Ln E Colleyville TX 76034 003901 Bowden Hill Ln E Ziegler, David C Etux Blanche 3410 Langley Hill Ln Colleyville TX 76034 003410 Langley Hill Ln Estate of Maritha Burton 4420 W. Vickery Blvd. Fort Worth TX 76107 Courtesty Notification Prestwick Park HOA 4900 Prestwick Drive Colleyvifle TX 76034 Courtesty Notification Woodland Hills HOA 4106 Oxford Ct. Colleyville TX 76034 Courtesty Notification Woodland Hills HOA 3204 St. Albans Cr. Colleyville TX 76034 Courtesty Notification 3798 Glade Investment Ltd 304 Kent Ct. Southlake TX 76092 Tr 7B & 7B1A; A-1034 Landstat, L.P., applicant P.O._ Box 334 Burleson TX .76097 applicant Letters of Support for Residential From: GLMatoneMD Sent: Sunday, April 01, 2007 7:05 PM To: David Kelly; ayresj@ci.colleyville.tx.us; Tom Hart; Rich Hendler; Tony Licata; bollg@colleyville.tx.us; Mike Taylor; Cynthia Singleton; Nicole Seidel Subject: **SPAM ALERT**Proposed Land Use: Put us first! Dear City Councilperson and P&Z Board Member, We are Gary and Susan Malone and our home is located at 4605 Winewood Court and 4609 Winewood Court (double lot). We have lived here since we built our home in 1992. We are writing about our concern for the planned use of the property between our home and neighborhood and Heritage Road to the east. We, with our neighbors, support residential only on this tract. The houses should be in accordance in Colleyville code of at least one half acre. Please note that we were repeatedly reassured that Colleyville would never allow homes less than one-half acre prior to building our house. The current builder's plan has four separate houses adjacent to our home in a high density development in violation of existing code. We strongly support honoring the hard fought greenbelt park from the 1998 P&Z master plan. As you know, this was stricken only due to legal technicalities and the greenbelt/buffer still represents the will of the people of Colleyville. This plan was designed to buffer us from either commercial or high-density residential development. As we cannot trust what the developer will actually do, a greenbelt/buffer would protect our interests. This would also satisfy the Park Plan of 2005 showing a hike and bike trail in this tract. Simply putting the hike and bike trail between our neighborhood and this development serves both purposes. We also back up to a large grove ofpre-Civil War red oak trees. A greenbelt buffer would protect most of these trees. A thoughtful chance at preservation occurs only once. The city council and planning and zoning have the task of balancing the interests of all parties. The sellers want to maximize the value of their family's land. The developer wants to flip a large profit for himself. The city wants tax dollars. But please remember, the land only has value and in fact, the city only exists because we believed what the city father's told us and moved here. If we had not come, this land would still be used to graze animals and grow cantaloupes. Put us first! We have lived out our dream in Colleyville. Our home and neighborhood are precious to us. We could have built anywhere, but chose here because of the attitude of the city and the promise our home would be protected. Please help us and our neighbors in this urgent matter. Sincerely, Gary L. Malone, M.D. Susan Malone Apri14, 2007 Mr. Buddy Shepherd Landstat, L.P. These Comments reflect the thoughts of Woodland Hills HOA on the proposed development, CREEICSIDE _~ COLLEYVII,LE. Woodland Hills is a Residential Subdivision of 473 single family homes that abuts the southern portion of this proposed development north of Cheek-Sparger Road.. Let me say to start with, we appreciate being informed of the project in its early stages so we can offer any thoughts/suggestions on its development. We, as a group, are in favor of a residential plan as opposed to commercial for this propeaty that abuts our homes. Ingress and Egress is a concern for those people on the south end of Woodland Hills who try to get onto Cheek-Sparger during peak hours in the morning and evening. There will be 123 families trying to do what we now fight to do each day. A similar concern applies to the access to Glade Road, but opening the Cul-de-sac to Heritage Road minimizes this access problem. Closing Heritage Road to through traffic and making the majority of the length a hike & bike trail is positive. GENERAL COb~NT: We do not need nor want additional commercial activity at this site, especially if the city of Euless develops the east side of Heritage as their plan shows and which they have started.. Respectfully submitted, L~ ohn Gray, for. the W d Hills HOA City Liaison to the HOA O <v`J~C' ~0°1 ~~G~ti~ ~P Q~~ Date: March 3Q 2007 To: City of Colleyville Planning and Zoning Committee From: Prestwick Park Home Owners Association (PPHOA) Re: Z-07-008 Creekside at Colleyville AG to PUD-R We the members of the Prestwick Park Home Owners Association (PPHOA) would like to voice our support for the re-zoning changc from Agriculoure to Residential for the parcel of land just adjacent to the Prestwick Park and Woodland Hills development between Glade Road and Cheek Sparger. This development is to be named the Creekside at Colleyville development. We as an organization believe very strongly that this area of the city should be the "Gateway to Colleyville" from the east. Furthermore, it should be noted, that the neighborhoods around this area should represent the city in a manner that shows our pride in the city and its continued development. The Prestwick Park Home Owners Association took these points into discussion and consideration and we would equally like to encourage the board to consider these points as well: Requiring the developer to develop housing lot sizes that border the Prestwick Park subdivision to 1/2 acre lots which are comparable to current Colleyville standards. These standards were adopted by the Prestwick Park development. o Additional lot development within this development could be smaller in other areas of the development at the discretion of the developer. Request that the developer refiain from establishing a vehicular passage between the Prestwick Park development and the Creekside at Colleyville development along Winewood Place o It is intention of the PPHOA that traffic flow between the two developments be minimized to ensure privacy for each development and to keep any additional traffic flow from congesting the current neighborhoods. We ask the Planning & Zo®ing Committee to honor the agreed greenbeh master plan from 1998 adjacent to the Prestwick Park development. This greenbelt concept is consistent with the City's plans as designated in the Trail and Sidewalk System Proposed Plan of 2005. The area immediately adjacent to Prestwick Park is heavily wooded with large oak trees, some of the largest and oldest in Colleyville. A greenbelt in this area would allow many of these tress to be preserved. The PPHOA is equally concerned about the proposed traffic Sow for the Creekside at Colleyville development onto Glade Road at an intersection that is already very congested. We would ask the Planning & Zoning Committee to look carefully at the proposed concept of shutting down a portion of Heritage Boulevard so that if it is to remain open and developed, that the Creekside at Colleyville development traffic flow be changed to be placed out onto Heritage Boulevard to ease potential traffic flow issues. ~~ G~`~ ti°°~ ~~ ~ Py :` _ ~` ,, .~ Ap~ o The changing of entrances and exits would encourage traffic flow to the i~ersections of Heritage Boulevard /Glade Road to the North and Heritage Boulevard /Cheek Sparger to the South on both ends. o Eventual development of this land will send all school age clWdren to HES, HMS, and CHHS. Because of the close proximity, there will be no bus service offered by the GCISD for these residents. This will also add to the already congested intersection throughout the day. As a unified homeowners association, we feel that it is very important to maintain a high standard of living with sound residential communities supporting a gnat educational system. Furthermore, it is also important that as tax payers, we help to develop and maimain strong economic development for the City of Colleyville. The undersigned members of the PPHOA wish to voice their strong support for this zoning change and to ask the Planning aad Zoning Committee to address the concerns stated within this letter. We wish to continue to seethe "Gateway to Colleyville" continue to develop and prosper. may, PPHOA Members Prestwick Park Homeowners Association Members: Name (Please print) Signature Address (#/Street) ~->~~t3~~ ~~a~ ~IDC~SQ ~ l'._ /\SUa~ 3-l~\ ~--o~k~tH1 ~'~,c~CrZ ~~~t ~- C~~~ti-~ ~',~a,~ ,fib ~~:~~-,,-,,~~ ~g~ ~ ~ ~~~x~/~i~ ~T y bo r v ~F6f7~ ~, Tf~ ,~ ~ ~,~ ~ 36 ~ ~ x,1,..7 ~-• ~ FiT ~ ~ L. ~ D r~sd- ~~~ -"ltJ~(_ ,~ ~ ~. _, , ~ ~ r ~~ ~~ ~7od A R~.~Je ~oa~ ~ ~~ ~sr~o L~ ~" _~ ~.L --b t~ ' . ~ ~ ~ ~ Qrv~e ~c:1~~lc Nc Mot-rt S y~ O 8 {~r e 5-~-.,~ p e r ~~~ c~ ~~ ~' ~~e~~ - ~ ~ t ___.. ~~~. r ~ ,~ Prestwick Park Homeowners Association Members: (continued) Name (Please print) Signature Address (#/Street) c~~ l~~{+~4~ ~ \ ~~~' ~S~fw~ .. rn ~ e t. ~~ ~ ~6 ~ ~ ~i ~ w G u,r%~,t? 1 1. ~~ ~~ ~r~e~`, lei ~6o c~ ~~~ ~ ~ 3~ Ulm--~r~. G.~" ~~(i~ S 3 0 0 ~~v7~ ~ ~ ~ 1 ~~~ P e.~. s- ~• ~- ~ C~~rs~••u ~ Vi ~ ~}-}- ~ ~~D) u~~n~wnuo~ C~ W ~-~' /~ 1 L` 1 I // ~~ ~V •.. ~ 1~\~~i~i'1~ l ~~ `7 C ~' ~~C'' ~'t? ~S~J~'~ ~ ~~ " / 3 L /~. A~,,, ~ ~'r l~ G ~ r- ;' ~ ~il.~ u/ ` ~, ~~ 3~ os U~c~~ r Letters in Opposition August 20, 2007 To: City of Colleyville Planning and Zoning Commision Mr. Jeff Byerly, Chairman From: John and Natalie Kinzie 207 Lexington Parkway Colleyville, TX Re: Zoning Case Number: Z-07-008 Dear Mr. Byerly and Commission Members, We would like to formally object to the subject zoning change request. The unused land bordering our property was one of the reasons we bought our house in 2005. We believe that developing said property will dramatically lower the value of all the properties on the East side of Lexington Parkway. Additionally, we object to the removal of Heritage Avenue from the Master Thoroughfare Plan. We use this street often between Cheek Sparger and Glade, primarily to get to the shopping center on Glade. Thank you for your consideration n ~ John Kinzie Natalie Kinzie RECEIVED -,;.,t; ~ ~ ~~~ (Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : 8 ..~ f ~ ? This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. Signed, ci-.. ~~ ~ ~ ~30 7 ~~ ~.rl~. ~ o~J ~~~~~~ll~ ~ ~~~~~ RECEIVED ~~ of 'j ~~n-~~. Per ............. Community Development Dept. City of Calleyville 100 Main St. Colleyville, TX. 76034 Date : ~ ~`~~ ~~'~ This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PORD- Planned Onit Development Residential. My name & address is: ~~. Golf ~e,.~i y ~ ~ ~ ~ , -~C'~ ~l ~~3~ Signed, _ _...--~__;-~ I~ - _ !J { i -~ ~~~~ .~.~ ~ ,~,~t-- `~ 27~ Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : ~ /).o f o This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURR- Planned Unit Development Residential. My name & address is: C~I~~~-D - ~u~~/ l~. ~~~( ~L_L ~ ~l Y~ ~.~ 7~ Q 3 ~ Signed, RECEIVED A;i(; 2 ~ 2?;~7 Per ............. GRE~KSIDE AT GOL1.,~YYILLE Colleyville, Texas Statement of Planning Objectives The subject of this zoning request is a 1108 acre tract of land, located between Glade Road and Cheek Spazger Road on the west side of Heritage Avenue, in the City of Colleyville, Texas. The property is currently undeveloped and is predominately zoned as "AG". The adjacent land uses on the west side of the property are single family residential units, while the land use on the north side vary between single family residential, public buildings and commercial retail. The land to the east and to the south are in the City of Euless and are planned for mixed use and commercial. With this property being located primarily in a single family residential area with some retail land use and also being in close proximity to State Highway 121, this property would best serve as single family residential, with some higher density residential and commercial retail land uses in order to transition to future mixed use planned to the east. This zoning request proposes to change the AG zoning to a Residential Planned Unit Development (PURR) with some Retail Commercial use at the intersection of Glade and Heritage. The future layout of the lots, road and open spaces have all been carefully placed around the large sections of trees and existing pond on the northern portion of the property, as well as the floodplain that passes through the middle section of the property. As a result, a significant portion of the property will be left undisturbed. Due to the floodplain that passes directly through the center of the property, the layout will be divided into two sections, the North and South sections. The North section's primary access will be a divided street section intersecting Glade Road, with a secondary access point to the adjacent residential to the west. The South section's primary access will be two residential streets connecting directly to Cheek Spazger Road. The overall layout and orientation of the development has been designed with the intent to minimize impact on the existing natural land, while also creating a desirable residential community that will be an appropriate use and a compliment to the City's overall composition and adjacent uses. Development Schedule Creekside at Colleyville is intended to be developed in three phases with anticipated construction to commence in early 2008. The second and third phases to generally follow a three (3) year build-out program with an anticipated final completion in 2011. RECEIVED APR 2 2007 C&B 024213010.PD01 Creekside at Colleyvitle Page 1 of 5 ,Per ..........a,,,. oarz6ro~ Economic Development Information Creekside at Colleyville will have approximately 330 homes with an average estimated value of $450,000, resulting in an addition of $132,000,000. At the 2006 City of Colleyville published tax rate of 0.347400 per $100 valuation, the revenue generated for the City is approximately $5.16 million, in addition to Sales Revenue generated by the Retail Tract at the northeast corner. C&B 0242130 t0.PD01 Creekside at Colleyville Page 2 of 5 Rev. 0426P07 Planned Uait Development Requirements Section 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The purpose of this PUDR is for 260 single-family detached lots, constructed at a maximum density of 3.0 dwelling units per acre. b. A maximum of 260 dwelling units shall be allowed within this PURR and no more than one dwelling unit shall be allowed per each platted lot. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. Conceptual Plan and Platting a. The Zoning District layout and arrangement of lots of the subdivision shall be generally consistent with the Zoning Exhibit, labeled as Exhibit "B", which shall not be considered the preliminary plat. The actual lot arrangement and Zoning District layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The Developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. Permitted Uses a. Single-family detached-homes with no more than one dwelling unit allowed per each platted lot. b. Retail commercial uses allowed in the City of Colleyville Zoning Ordinance under CN -Neighborhood Commercial, CC1 -Village Retail District, and CC2 -Shopping Center District. c. Open space. C&B 024213010.PD01 Creekside at Colleyville Page 3 of 5 Rev. 04!26107 4. Lot Requirements and Setbacks a. Single-family residential lot (Planning Area "A'~ requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Zoning Exhibit shall control where such building line setback is different from the following requirements: 1) Minimum Lot Size 9,000 squaze feet 2) Minimum Lot Width 70 feet 3) Minimum Lot Depth 120 feet 4) Minimum Front Building Line 20 feet or 15 feet for Front Swing Garage 5) Minimum Side Building Line 5 feet 6) Minimum Reaz Building Line 10 feet 7) Maximum Lot Coverage 65% 8) Maximum Height 40 feet b. Single-family detached Patio residential lot (Planning Area "B") requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Zoning Exhibit, shall control where such building line setback is different from the following requirements: 1) Minimum Lot Size 2) Minimum Lot Width 3) Minimum Lot Depth 4) Front Building Line 5) Side Building Line 6) Rear Building Line 7) Side Building Line-Comer Lots 8) Maximum Lot Coverage 9) Maximum Height 5,000 square feet 50 feet 105 feet 20 feet or 15 feet for Front Facing Swing Garage Zero, or 1 and 9 feet (Minimum Building Sepazation of 10 feet) 10 feet 10 feet 65% 40 feet a Commercial Retail requirements and setbacks shall comply with Standard City of Colleyville requirements for under CN - Neighborhood Conunercial, CC1-Village Retail District, and CC2 -Shopping Center District Zoning Categories. C&B 024213010.PD01 Creekside at Collcyville Page 4 of 5 Rev. 04/267 5. Open Space a. This development shall provide not less than twenty (20%) percent common open space, which shall generally be configured as shown on the Zoning Exhibit. b. Open space areas may be utilized for stormwater detention, retention, or FEMA 100-year floodplain. 6. Screening a. A six (~ feet in height, masonry wall shall extend along the northern boundary line and a portion of the southern boundary line (where adjacent to Glade Road and Cheek-Sparger Road, as shown on the Zoning Exhibit. b. All lots adjacent to open space, shall have an iron fence, or approved equal. c. A six (6) feet in height, masonry wall shall be required between retail commercial uses and single family uses. 7. Other a. No roof mounted air conditioning mechanical equipment shall be allowed on the single-family attached dwelling units. b. No carports shall be allowed on the single-family attached dwelling units. c. Stormwater detention will be provided as necessary on this development. C&B 024213010.PD01 Creekside at Colleyville Page S of 5 Rev. 0486/07 Carter~~Burgess TECHNICAL MEMO DATE: January 22, 2007 TO: Mr. Chris Fuller Development Coordinator with the City of Colleyville FROM: Jason Knesek, P.E. SUBJECT: Preliminary Traffic Impact Analysis -Creekside at Colleyville Mr. Fuller: Carter & Burgess, Inc. was hired by the Landstat, L.P. to perform a preliminary traffic impact analysis for the proposed Creekside at Colleyville in Colleyville, Texas as part of the requirements for a zoning change submittal. The analysis will estimate the projected traffic that will be generated by the development on the roadways adjacent to the development. This technical memorandum summarizes the findings of the analysis. Development The proposed Creekside at Colleyville is located on the west side of the existing Heritage Avenue between Glade Road and Cheek Sparger Road in the City of Colleyville, Texas. Heritage Avenue acts as the boundary between the City of Colleyville on the west and the City of Euless on the east. The proposed Creekside at Colleyville is divided into a northern section and southern section by the 100 year floodplain. The primary access point for the northern section of the proposed Creekside at Colleyville is Glade Road with a secondary point of access through the adjacent residential development to the west. The northern section of the development is proposed to consist of 115 single family housing units, 31 townhouse units, and 1.2 acres of retail development. The southern portion of the proposed Creekside at Colleyville is accessed via two points on Cheek Sparger Road. The southern section of the development is proposed to consist of 115 single family housing units, 50 townhouse units, and 1.6 acres of retail development. RECEIVED Page 1 of 3 7 Per ........~~ Tra c Analysis Trip generation rates. for the 24-hour weekday, Weekday AM Peak, Weekday PM Peak, Saturday Peak hour, and Sunday Peak hour were obtained from the ITE Trip Generation (7`h edition) manual for the types proposed in the Creekside at Colleyville. Based on engineering judgment, it is projected that 75% of the traffic generated by the proposed development will originate in or be destined for azeas to the east of the proposed development while 25% of the traffic will originate in or be destined for azeas to the west of the proposed development. Based on the size of the proposed development, the trip generation rates, and the projected trip distribution, Table 1 summarizes the projected traffic that will be generated by the proposed Creekside at Colleyville on the roadways adjacent to the development. Figure 1 depicts the projected traffic movements generated by the development at the Glade Road and Cheek Spazger Road access points. Table 1. Traf. jic Generated by the Proposed Creekside at Colleyville. Time Period Location Weekday Weekday Weekday Saturday Sunday 24-Hour AM Peak PM Peak Peak Peak EB Glade - 244 8 28 27 21 West of Development WB Glade - 244 21 20 23 20 West of Development EB Cheek Sparger - 286 10 32 31 24 West of Development WB Cheek Spazger - 286 23 23 28 23 West of Development Page 2 of 3 Conclusions The traffic analysis indicates the following: • The proposed Creekside at Colleyville is projected to generate less than 500 bi- directional vehicles during a typical weekday on the portions of Glade Road located west of the development. • The proposed Creekside at Colleyville is projected to generate less than 50 bi- directional vehicles during the peak hours of operation on the portions of Glade Road located west of the development. • The traffic generated by Creekside at Colleyville is not projected to warrant a traffic signal installation, aright-turn acceleration lane, nor aright-turn deceleration lane at the Glade Road access point. • Dependent on the existing traffic volume on Glade Road, alert-turn deceleration lane maybe warranted at the Glade Road access point. • The proposed Creekside at Colleyville is projected to generate less than 600 bi- directional vehicles during a typical weekday on the portions of Cheek Spazger Road located west of the development. The proposed Creekside at Colleyville is projected to generate less than 60 bi-directional vehicles during the peak hours of operation on the portions of Cheek Sparger Road located west of the development. • The traffic generated by Creekside at Colleyville is not projected to warrant aright- turn acceleration lane at the Cheek Spazger Road access point. • Dependent on the existing traffic volume on Cheek Spazger Road, a traffic signal installation or a left-turn deceleration lane maybe warranted at the Cheek Spazger Road access point. • Based on the minimum requirements for auxiliary lanes established by TxDOT, the traffic projected by Creekside at Colleyville appears to warrant aright-turn deceleration lane at the Cheek Spazger access point. Page 3 of 3 ~- ~~ ~ Z 0 OC C~ N 1 V' v N Q N V f~ N T N ~O a N ~` ~O ~ r 0 W ~ N 1 N T N ~ ~ ~ ~ o ~~ °~ w ~ J ~ ~ Q W. ~~ Q W U O O~ N ~ llTi J O ~ U H ~ J N I W ~ t - W v `O L1J ~ N ~ ~ ~'" O U N M ~~ ^\ M N C'7 N 111 O r- N M w ~o r- ~ a w ~ ~ ~ ~U LL. ~ m ~B LTi (J CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 23, 2007 TO Buddy Shepherd FAX 254.687.2083 FROM Chris Fuller, Community Development Director SUBJECT Z-07-008 Creekside at Colleyville AG to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your rezoning application for a Planned Unit Development -Residential request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Upon zoning approval, the property will require approval of preliminary and final plats by both the Planning and Zoning Commission and the City Council. Allow a minimum of 45 to 60 days to complete the platting process for each plat. The platting regulations are contained in Chapters 8 and 9 of the Land Development Code. 2. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Note that unless otherwise proposed by the applicant, all subdivision standards, including any public facility improvements, and zoning regulations stated within the Land Development are applicable to this project. 3. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance that may contain suggested conditions applicable to this type of development. 4. The applicant has indicated a desire for the rezoning request to be scheduled for consideration on a future Planning and Zoning Commission agenda, at which time the applicant will request the Commission table the item in order to reconvene within a workshop forum. Provide a letter indicating these intentions. 5. The Master Plan designates portions of this area as future retail use. Provide justification as to why the Master Plan should be modified for residential use. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEYVILLE AG TO PUD-R 6. Provide a separate letter requesting to amend the Master Plan. Within the letter, provide a description of the areas to be re-designated from retail uses to residential uses. 7. Is an exhibit depicting the lot and street layout available for review? The Statement of Planning Objectives references the future layout of lots, roads and open spaces. A Planned Unit Development application may be submitted and approved without a Site Plan, if the approving ordinance contains sufficient written detail to establish all site criteria. 8. If a lot layout is not available, staff may recommend the following language be included in the ordinance: In approving the preliminary and final plat the approving body shall exercise .complete discretion over roadway design, lot size, lot shape, building lines, setback lines, open space, and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of the ordinance. 9. When does the developer propose to improve Heritage Avenue to the four (4) lane roadway as proposed on the Master Thoroughfare Plan? 10. Provide justification if Heritage Avenue is not proposed to be constructed per the Master Thoroughfare Plan. 11. Provide a letter to amend the Master Thoroughfare Plan if Heritage Avenue is not proposed to be constructed in accordance with the Master Thoroughfare Plan. 12. Will the alignment of Heritage Avenue be similar to the existing alignment? 13. The Traffic Impact Analysis (TIA) is not in accordance with the ITE Trip Generation Manual. The values provided are significantly less than expected for the proposed land uses. An average rate of 9.57 trips and 5.86 trips should be used for single family residential and town homes, respectively. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 14. Expand the TIA to include the current improvements being constructed. along Glade Road. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 15. Provide TIA calculations based upon the construction of Heritage Avenue as it is proposed on the Master Thoroughfare Plan. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 16. An approved Letter of Map Revision (CONK) will be required for the land that is to be reclaimed from the designated floodplain. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. PAGE 2 OF 5 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEIMLLE AG TO PUD-R 17. The Heritage Creek Flood Study will need to be revised to reflect the new development. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 18. Provide a list of specific retail uses to be permitted within the areas zoned for retail uses. 19. Provide exterior elevation drawings of the proposed town home dwelling units. If exterior elevation drawings are not available, staff may recommend minimum design standards regarding building materials and roof articulation for inclusion in the proposed zoning ordinance. 20. Staff may recommend an alley(s) to service the town home units. 21. Staff may recommend a maximum number of town home units with front facing garage entries. 22. Will on-street parking be provided within the development for guests and visitors to the townhomes? If so, provide the approximate number of parking stalls to be provided or a ratio of parking stalls to town home dwelling units. 23. The town homes will need a NFPA 13 R fire protection system requiring separate permit and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 24. The town homes will require a NFPA 72 fire alarm system requiring a separate pernut and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 25. Indicate if any portions of the development will be agated-private street development. Chapter 10 of the Colleyville Land Development Code contains the requirements for gated-private street developments, which require specific entrance gate standards, minimum number of lots, and certain HOA provisions regarding the maintenance of common areas, including streets and drainage facilities. The application fee for a gated development subdivision is $750.00, which shall be paid at time of plat submittal. 26. Provide an illustration depicting the proposed perimeter fencing. 27. The Colleyville Pathways Plan requires a ten foot wide trail route extending from Glade Road to Cheek Sparger Road. A twenty foot wide trail right-of--way or easement is required to accommodate the trail. The trail will be a developer requirement and be constructed with all other public improvements prior to the issuance of building pernuts. 28. A five foot wide sidewalk will be constructed as part of the improvements along Glade Road. The developer will be required to repair and/or replace the sidewalk if it is damaged during construction. PAGE 3 OF 5 DEVELOPMENT REVIEW COMMITTEE Z-07-0OS CREEKSIDE AT COLLEYVILLE AG TO PUD-R 29. Four (4) foot wide sidewalks are required along public street frontages within the development and installed when any new structures are built on the properties. 30. The zoning exhibit shows approximately 16 acres of open space within the northern portion of the development. Will additional open space be utilized within the development? 31. The azea located midway between Glade Road and Cheek Sparger Road is primarily floodplain/floodway. Will any of this area be designated as open space? The zoning exhibit shows the entire azea designated as single family residential uses. 32. The maximum amount of common open space used for storm water detention or retention purposes shall not exceed twenty-five (25%) of the common open space area. If the open space area contains a retention pond, the pond shall include at least one (1) aeration device, such as a fountain, waterfall or underwater device. 33. Provide justification for the proposed lot sizes. The PURR zoning district requires a minimum lot size of 13,000 square feet, with an average lot size of 16,000 squaze feet. 34. Provide a list of amenities that will be located within the common open spaces. All amenities shall be constructed and maintained by the HOA. 35. Staff may recommend that the limits of all phases of development be shown on the zoning exhibit. Each phase shall be numbered to represent the sequential development phases anticipated. Any deviation from the approved development sequence shall require approval from the City Council. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. Details are contained in Chapter 13 of the Land Development Code. Please note that a revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY $2,187 per dwelling unit for single family residential uses for new lot. WATER $2,491 fora 3l4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. The following impact fee schedule is applicable for building pemuts issued on or before March 31, 2007. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESmENTIAL uses for new lot. PAGE 4 OF 5 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COllE1MLLE AG TO PUD-R WATER $2,666 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed SEWER $200 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. TREE PRESERVATION. Trees not located within the right-of--way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. ^ Exhibits and documents as requested. The above requested items must be submitted and reviewed in order to determine a public hearing schedule. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1052 or fullerc~ci.colleyvil.le.tx.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 5 OF 5 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 8, 2007 TO Buddy Shepherd FAX 254.687.2083 FROM Chris Fuller, Community Development Director SUBJECT Z-07-008 Creekside at Colleyville AG to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your rezoning application for a Planned Unit Development -Residential request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Upon development and platting of the proposed site, right-of--way will be required to be dedicated for the following streets: a. Glade Road requires a total width of 95 feet. The development will be responsible for the dedication of 47.5 feet from the centerline of the existing roadway if there is not currently a 47.5 foot of right of way. b. Cheek Sparger Road requires a total width of 80 feet. Since Cheek Sparger Road is a city limit boundary the development will be responsible for the dedication of any right of way necessary to obtain a total of 80 feet. c. Heritage Avenue requires a total width of 80 feet. Since Heritage Avenue is a city limit boundary the development will be responsible for the dedication of any right of way necessary to obtain a total of 80 feet. 2. In accordance with the Heritage Avenue Traffic Impact Analysis by Freese and Nichols, Inc. staff makes the following recommendation: The main entry point to the north portion of the development should be located on Heritage Avenue to utilize the existing signalized intersection. 3. Construction of the two-lane roadway within the Heritage Avenue right-of--way will be by the developer of the adjacent property (City of Euless). 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEIMLLE AG TO PUD-R 4. The City of Colleyville will consider levying a street assessment for portions of Heritage Avenue not being constructed by the developer of the adjacent property (City of Euless). 5. Contact Monica Walsh, Director of Parks and Recreation, 817.503.1182, to schedule your proposal to dedicate potential park land to the City. Section 11.S.C.6 of Chapter 11, Park Land Dedication, of the Land Development Code states: a. Land Dedications i. Parks and Recreation Advisory Board Recommendation: The Parks and Recreation Manager or their designee shall report to the Parks and Recreation Advisory Board regarding any park land dedication issues arising from development applications submitted to the City for approval. The Parks and Recreation Advisory Board may then make a formal recommendation to the Planning and Zoning Commission to accept or refuse any proposed dedicated land prior to the Commission's action on the development. ii. Planning and Zoning Commission: The Planning and Zoning Commission shall consider the recommendation of the Parks and Recreation Advisory Board in deternuning the acceptability of any land dedications proposed on any development. The Commission recommendation shall then be forwarded to the City Council for final approval where applicable. iii. Final Plat Dedications: Where review or development applications have resulted in the City's desire for land dedication, such land dedication shall be shown on a final plat and shall contain a clear fee simple dedication of that land to the City. 4. The Colleyville Pathways Plan designates a 1.2-miles long, 10-foot wide trail on the property. This trail will help provide a buffer between the residential area to the west and the commercial areas to the east. The proposed trail route will extend from Glade Road to Cheek Sparger Road. The Trail must be constructed as part of the public improvements to the property. PAGE 2 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEIM(.LE AG TO PUD-R N N IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $2,187 per dwelling unit for single family residential uses for new tot. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. The fee for nonresidential development is $800 per acre. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. PUBLIC HEARING SCHEDU!_E Planning & Zoning Commission: Monday, August 27, 2007, 7:00 p.m. PAGE 3 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEYVILLE AG TO PU D-R City Council: To Be Determined by Planning and Zoning Commission Recommendation RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. ^ Exhibits and documents as requested. Please contact me at 817-503-1052 or fiillercnu,ci.collewille.tx.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 4 OF 4 Applicant's Response Landstat, L.P. P. O. Box 264 Itasca, Texas 76055 March 1, 2007 Mr. Chris Fuller Community Development Director IEtE: Z-07-008 Creekside at Colleyville Dear Mr. Fuller, In response to the DRC comments, dated 2-23-07, I offer the following: Comment No. 1 I consider this to be an informational comment and will comply. Comment No. 2 I consider this to be an informational comment and will comply. Comment No. 3 I respectfully request to review the staff report and any proposed ordinance before the public hearing date. Comment No. 4 See attached letter request comment No. 5 The existing retail development, adjacent to this proposed development, to the East and within the City of Euless negates the retail potential for this tract Should the Euless tract develop, in general conformance with the concept plan being processed by that city currently, this tract will become a "fifth tier" retail location. Further, the referenced concept plan depicts attached and townhouse use along the Wester boundary adjacent to East boundary of Creekside at Colleyville. (See attached concept plan.) Comment No. 6 See attached letter and exhibit. Conun~#t,~jo. 7 A "Typical Plan" has been submitted with this zoning request, however I feel it will need to be modified slightly as Final Topo, drainage and improvement design is completed for the platting process, I do not feel that attaching the "Typical Plan" to the zoning ordinance is necessary or appropriate. Comment No. 8 I would expect the written detail of the approving ordinance to contain sufficient written detail to establish the platting requirements and therefore negating the need to include this statement Comment No. 9 There is no proposal to improve Heritage Ave. but rather to remove it in its entirety from the Master Thoroughfare Plan. Comment No. 10 I feel a expenditure of approximately $4,250,000.00 by the City of Colleyville and the developer to move traffic generated by retail and high density residential uses within the City of Euless, serves no purpose. Converting a portion of the Heritage Ave. RO.W. to a hike & bike trail serves the residents of Colleyville better at hardly any cost. The elimination of Heritage Ave. also makes Creekside at Colleyville more exclusive and fitting with the Colleyville tradition. Comment No. 11 See attached letter. Comment No. 12 I proposed a hike & bike trail along the present alignment of Heritage Ave. Comment No. 13 Carter & Burgess will re-submit CommenX No. 14 Carter & Burgess will re-submit Comment No. 15 Carter & Burgess will re-submit. Comment No. 16 I do not know if any land will be proposed to be reclaimed from the designated flood plain.. As final engineering is completed and it is determined a LOMR is required, same will be provided. Comment No. 17 Upon completion of final engineering, the information will be available for that revision. Comment No. 18 All uses permitted in the CCl-village retail district. Comment No. 1Q 'T'here are no exterior elevations at this time. Staff may impose design standards if necessary and appropriate. comment No, 20 Staff may impose a requirement for alleys or allow a specified number of townhouse units with front facing garages if necessary and appropriate. Comment No. 21 Staff may impose a requirement for alleys or allow a specified number of townhouse units with front facing garages if necessary and appropriate. Comment No. 22 Parking will be provided in accordance with ordinances or codes of the City of Colleyville or recommendations by the staff or commission. Comment No. 23 I will comply with all ordinances for fire protection & alarm systems. Comment No. 24 I will comply with all ordinances for fire protection & alarm systems. Comment No. 25 No portion of development is proposed to be gated-private. Comment Nor 26 See attached pictures and or illustrations. Comment No. 27 I proposed to comply with this requirement within a portion of the now existing Heritage Ave. RO.W. Comment No. 28 I will comply with comment. Comment No. 29 I will comply with comment Comment No. 30 Additional open space will be provided. A deternation of that amount is not available until final engineering is completed at the time of platting. Comment No. 31 Some portion will be used as open space, that area cannot be determined until final engineering is completed. Comment No. 32 As noted, the intention of the open space is not to allow for more than 25% of the total common open space area for storm water detention, but there shall be no restriction on 100 year floodplain or floodway, FEMA or otherwise, located within the proposed open space area. If there is a discrepancy between 100 year floodplam and ' areas defined as storm water detention then a waiver to the " 25% rule" is hereby requested. Comment Np. 33 I believe the lot sizes shown are justified by the transitional nature of this development located between existing lower density residential on the West and intense commercial and attached residential at high density to the East. Comment No. 34 The following items are proposed for the common open space: Picnic tables, benches, trash receptacles, playground equipment, walking trails, both concrete and crushed granite, gazebo, arbor, and other garden type built elements with fireplace for informal gatherings, fountains, architectural style lights for gathering areas and pathways, and dock/pier for fishing, duck feedirtg and looking at the lake. Comment No. 3 It is my belief that "Limits of Phasing" is a function of final engineering and market conditions at the time of projected construction. Any preconceived opinion of these conditions, at a future date, would be speculative and subject to change on an ongoing basis. Should you have any questions concerning my responses to the DRC comments, please do not hesitate to contact me. Sincerely, 2 ~ ` __ f fl 2 _ tee[ aruca sao ~T a ~ i~ f = li ` i ]: ~I . 1 l Y i~ ~ .; ; { a3_ p~~ :Si F7~"e r YY~E sE 8gf ~ ba ~ m 0 s • ~mpp~xR ~~p~4 ~R O e r ` ~ ~ h a~A~ i ~L U~tr T ~G'~ ~. ~~ o°g~~~- z 0 VX ~Pp~ tea'=mv ~ z s~ g Y I ~~ /' I I ~~ Ft~~ ~{}; ~~; ~} } ~i~ ;~ ~~lf ~Rt !' r x~a i' ~ t ~~~ 11 i I I I' I I ` ~i ~ _ j~ ~ ~ GLADE PARKS ~° ° ~ ~ ~ ~' " ~ ~°"~` l I ~ ! ~ ~ ~ ~~~ *' 3 ~~ 3 ~ LAND PLAN _ y I 1 if =: ( i r euncrev~ r evmrT ~~+ 1 0~ y I =~ b j~ o` Landstat, L.P. P.O. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville Z-07-008 Dear Mr. Fuller, I am hereby formally requesting to amend the master thoroughfare plan to delete Heritage Ave. from its existing rP*mination South of Glade Rd. to Cheek Sparger Rd. This request is made in response to Comment No. 11 by the Development Review Committee. Thank you for your time devoted to this matter, your consideration is very much appreciated. Landstat, L.P. P.O. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville z-o7-o0~ Dear Mr. Fuller, In accordance with our previous conservation and Comment No. 4 by the development review committee, I hereby formally request, if deemed necessary and appropriate, that the above referenced zoning case be tabled following the public hearing. A work session may be required regarding the many issues brought forth by this proposed development, before acting. Discussions with the commission and staff may be better served in a smaller and specific public fonun not limited by time constraints. Thank you for you time devoted to this matter and your consideration is very much appreciated. I.andstat, W.J. Shepherd, Jr. Landstat, L.P. P.O. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville z-o7-oog Dear Mr. Fuller, In accordance with Comment No. 6 of the Development Review Committee I hereby request the Future Land Use Plan be amended in conjunction with the above referenced zoning request. Y have attached Exhibit 1 showing the existing conditions and Exhibit 2 showing the proposed amendment. Thank you for your time devoted to this matter, your consideration is very much appreciated. Landstat, L.P. W.J. Shepherd, L ~ ^~~ , ----, ' __ ~ _--+ '---~ ;~ r---i i ; ;~~__~___~~~ ~~i'4i'j ~~ ----- I I EXHIBIT 1 EXISTING FUTURE LAND USE PLAN !----~ ! - i j 1 ~,,;_ t i j _! ~~ ~, ~i }~ ...~..- _- '----'~-_J ' i 1 ~j ?..._:__1_ ~ t ~-11 ~ , i ~ 4 ..~ ~~~ 1 ~ :~ ' r' I ~ ~~ ~ ~ .~ ~' i . + •; . ~~+r ---------7 ~Q II Y ` , i EXHIBIT 2 FUTURE LAND USE PLAN AS A-MMENDED LANDSTAT, L.P. VICTORIA SHEPHERD P. O. Box 334 Burleson, Texas 76097 Home: (254) 687-2980 Fax: (254) 687-2083 Cell: (254) 707-2267 August lb, 2007 Mr. Chris Fuller Community Development Director City of Colleyville, Texas RE: z-o7-o08 Creekside at Colleyville * VIA HAND DELIVERY RECEIVED AUG Y 6 1Jf~% Per ..,._......~., Dear Mr. Fuller, In response to the DRC comments, dated 8-8-07, I offer the following: Comment No. la My records indicate the City of Colleyville acquired the RO.W. for Glade Road on 3/22/06 (recorded 3/24/06) from the Burton Estate, however the plans prepared by Freese and Nichols, sheet 55, shows 47.5 feet for the North half of the RO.W. but only 47.0 feet for the South half. I do not object to the dedication of an additional 6 inches of RO.W. at the time of platting. (documents attached) Comment No. lb My records indicate the City limits of Colleyville and Bedford to be approximately 5 feet South of the centerline of the existing pavement of Cheek Sparger Road, Silverwood Addition to the City of Bedford depicts a 90 foot dedication (65ft. for South half of Cheek Sparger Road plus 25ft. for Greenbelt, utility and pedestrian use), see attached plat. Likewise, the Harrington Estate dedicated to the public, for roadway utilities, a strip of land of varying width (50 to 60 feet), for the North half of Cheek Spazger Road. This was accomplished by dedication Deed dated 7/18/84 and recorded in Vol. 8025 Pg. 760 DRTCT. I do not object to the comment requiring a total of 80 feet for Cheek Spazger road in that public records indicate 120 ft. for roadway purposes has existed since 2001. Dedication Deed dated 7/18/84 attached. Comment No. 1c I object to the comment Heritage Ave. is currently a R.O.W. easement granted to Tarrant County and fee simple ownership of the land is vested with the original grantors of the easement dated 12/21/27 and recorded in book 2, pg. 125 of the Tarrant County Commissioner's Court clerk records. Further, the cost to develop the road to its ultimate section is in excess of X4.5 Million dollars. This expenditure would be made mostly (80.9%) to help accommodate Glade parka, in the City of Euless, the proposed development will consist of 446, 938 eq. ft. of retail, a 128,607 eq. ft. Horne Depot, 83,700 sq. ft. of high turnover sit-down restaurants, 50,400 aq. ft. of office space, 5000 sq. ft. of drive-in banly a gas station with eight fueling stations, 832 multi-family dwelling units, and 321 town homes. I consider this requirement to be an unjust burden on the City of Colleyville, the Colleyville tax payer and developers of Colleyville property adjacent to Euless City limits, without return oa invested dollars. Maintenance cost of Heritage Ave. would be solely that of the City of Colleyville forever. Considering all projected traffic Flows generated by the development of vacant properly along Heritage Ave. the total roadway capacity required is 10,266 Vpd. The roadway capacity of as undivided two lane collector is 10,500 Vpd. (see Heritage Ave. traffic impact analysis prepared for the City of Colleyvill~ by Freese and Nichols, Inc., dated June 5, 2007). I ask that this comment be reconsidered and a more suitable resolution to the Heritage Ave. status be reached. ~,gmment No. 2 I object to the comment. The Freese and Nichols TIA states that minimising access to Glade Road will help the roadway maintain capacity. The report does not specifically address Glade Road and the ability to function as a newly constructed two lane roadway. Three connections have been approved to Glade Road recently and I believe alternatives ate available to accommodate my proposed connection. Comment No. 3 I consider this to be an informational comment but have no knowledge of any written agreement obligating his performance. Comment No. 4 I object to the comment. Informational comment contained herein states a roadway impact fee is also required. Comment No. S I have contacted the Director of Parks sad Recreation on four previous occasions and while she has expressed a desire for the park fee in lieu of a public park, she also states the ultimate authority for Park Land is the Planning and Zoning Commission. I propose the park land be private and used as common open space for the development. comment No 6 I have no objection to the comment. I do however object to the location shown on the map enclosed. I will be requesting to meet with the Sidewalk and Trail Committee to discuss a more appropriate location that is more Topo and Water Feature sensitive. Impact Fees: I consider this to be an informational comment. P kl Dedication Fees: I consider this to be an informational comment. Tree Survey Rgcluirement: I request a waiver of this comment in that a more suitable alternative may be available for consideration as the process proceeds. Should you have any questions concerning my responses to the DRC comments, please do not hesitate to contact me. Sincerely, Landstat, L.P. .`~ ~f ~ ~('~r~ ~ •"'~ ~ 5T1198 OF 7F.XA8 f -Tfoas/X~'~ OOiNxY OLD TAkBAKt f [~ , +~L10"ut ,2 ~~OSIBS Y~ 1~ ES[I2i 6RA~ ~ ChB eSto~ of iTxLY.TAM BUItG't'SS HAOmir and SAtd~ 1~SaD1 Rte, of the eatdtte of B~ 13G1+~~. ~., sad Robert L Mus<tiar , ,~ P.Rrsrornt , of Bt~at a~ of lit. Wc~orClL Texrta, guardian of the eaters of {SBA G1I~, do hes~eby dedlaats to the ueo of the public i`ha fcila-lxtg deeersbed fracG of laude 8eix~ a trsct ar parcel, of 7sod situated it1 t~ J. FOBS St31~3f. ,A-44I, Ea , ~ea~a. and being a postibn a! Oraee~~la0ad and ba saaxa pas~iru]erl.7 d^a• rxilyad ae r ~ is ~odpat~dc Iane end berg ]3 84. 56' B a ~- of 15.29 franc Che i4ottifsask aosuetc of a 4.86, aCe+e track of 7agd as recorded as Page 8Z of ~b]aQaa 3152 ist the Tazract Deed 9aoozde; !S B 89' 36` W a dial of 694.29 teak W t~ 1Qo~ ~aest comer of aa3d 9.84 acs L~raat and bais$~~ ~t ~ Valuaa 70f9si a~t~Ue Cbuttq+ DoedRROO~Y ~d be3~8 is ~ czioelcc ~: ~ ~ es• oar as' w g air of Y,aa.ss ~s 1J 0° 04' W a diatarus aF 60.a faett ` 14 89° 56` ~ a aiatemca of 667.b8 feair to the be- 1 of a auru~e.oo ~ s~ a rage o! 7:058.63 ~eetii one ces~' be®ca 8 iN o4' $ s diaranck o! 1039.63 feet of 4• ~~3dia~r.~of~174.44f~~ being in ea3~ Waodpattk Isos; S 1. 4A' 8 a dittanae oi: 50.66 feat be Cbe place Qf oaa~a3zting 1.228 eocr~ ar 53,519 agt~w feat ok~ f~ 1~, . '~ bo used by i'ba pt~b7:ic as a pu6li.c saved ar t eod we eae dedicate to dm use of tlts puW.i+a: uCS13r~ ads P8 ~ to tbs s€ea-. !'he t~iglnt ta0 inetell. ~, rep7aoe~ and s~aoov+ thalr puml,Lc ~Q+ facilities. Tt~ exaCUtittg this Dedi,~atiAas, each of ~ guazdisr+s ttscmd above ss actiaag under and is comPl3~,oe with rte ordmc oarered b7 ~ Pttibata Qauxr: D,, 1 of 9Qasraat QavaF.jr, lbasts, its ~ ~ to the ash of its ar her time 1{~A BS{d8 BpAN2flt for Cbe a6r~a of WxI&Ttai BUBO 11, 130. 8.332 on me taQtxt's doekaC. S• Z3~i.9Gti Por ttto estate of B~ ~. ~• . No. k-8330 eat the (7rnsrC'a dU4~t, mad BA131C 08' ~~ i~ tiye esrttte cf V~tA ~ csz~r. na. loss co rba~ ao~'e doc4wt. ~~~, f]~~5 t1CE `7Gf? --+,t,. . (~ //,,, ~" K~-~: ~E: EIVEQ AUG l 6 1_~a7 Per .....~.,,. DBDICAff IOffi . 2 - .. HI'R~S OiAt ~1Ai~3 tMa M„ t B d~- of u~i v--- - ---~ 195~- , n Estate of mess ~ _~~ ^ ~~ ~~xxf~t~an~~ Ltts Estatm og 8xyant , Jr. BADaC ~' : ~^-^' 0 0 J Ollbert ....x~ ~iffi 8~ Op' f Wl~T1X Oi+' TIIBSANT 0 . 'this issvttsun~'t pea aCi~oodled~ed bafCYa ~ on fihia ~ daY o~v~,~ ` ~ ' .~ . 1984, ~ of ~ as~,~t of 4WD . i ', ' . .1...~.~.-,-.,...- ....:~ .. . ~ by EONA BL~1,I,E ~Abtf~''8. ' ' ~ . I •' 1 t~ cp~lasicn ~gsirea: cp-' ~~_. ~a~ ~r s~ ~ BRAS i .ill yylZ ~ ' '. ~W~{/. lMr ~ r I.II~.~I~YI.1.1. •.. M/MM~ (A: OR ~ 1O ~/ OfF ~.~'y1S,' 1`i:~vCY•.I iDaLZlt~it 1f~78 9~ ~~~ -+-~ 4 1964, as of ttLa aatate a! 8 , S ~ } `: sY 5JWUEl. idASap HAFlttIHGI'QN. ~NpIYIDUAILY. i ;,I , - %-• . ti,1 "~``~ :t:`~, .ti'I 11:/711'1: . OAPMNC HOOYiR, potiry ~'11bY6 1~1 CppA11,4i~JOSI iX~i08i~~1!!~~ f I Kp, t. ~ .. _x.. l1 - v Tarrant County Texas ~~~~ Electronically Recorded ~ Official Pubtk Records 2006 Mar 24 01:02 PM D206085729 rnrrv nG ~ALI.EYNikd~~ 2s.oo ~.,,,~~ F-WAY~~r: Acs iNC THE STATE OF TEXAS Suzanne Henderson~~~ `/ KNOW ALL MEN BY'il-IESE PRESENTS: COUNTY OF TARRANT /Ind. S~oeclito~ ~of the Estate of Maritha Burboo, c3eoeased That I, Blii Wst~ren. hereinafter termed Grantor; whether one or more. of the County of Tarrant, State of Texas. for and In c:or~sideta#ion of the sum of $57.827,00 and other good anti valuable consideration th Grentor in hand patd_bytne city of Coileyviile, a Munidpal corporafjon -~of.Tarrant County, Texas, herelnafEar termed Grantee, the receipt and suffidency of which fs het~eby admowledged and. ~aortfessed, have GRANTED, SOLD AND CONVEYED: and do ~ these presents GRANT. SELL AND~CONVEY unto said Grantee, whose mailing address is 100 Main Street, Colieyville, Texas 76034,~the folioMring: -. - - ~ . PERMANENT RIGHT-0F-ttVAY . Ap. of file tractor parcel of land d >n the docxarnent attsc~ed her+ato as ExhtUit'A' arid also shown on ths.documetrt sittached here~bo as Exhibit'B", vwhich is made peat heneot as if fully copied herein, as a permanent str+aet right-of-way. TO HAVE AND TO HOLD, the above described premises, for' the purpose set forth, together with aq and singular the rights and piiviieges theneuMo and anywise belonging unto the said Grantee, its. successors and assigns, and grantor hereby binds httrtsaif and his hefts, exec~tbors atu! Adrnitfistraborg tia warrant anti ddfend the tights and title. tp said premises unto the said Grantee against every person whomsoever lawfully chiming or to d. ab'n the earns or any part thereof: EXECUTED this the( day of ~_, 20 0 GRANTOR ~. ~ a s. aaow do~+m.nt f ~~~rn C,r~ af:~'o!~ ~~Il~ 1 ai ~s : ~~" v,rl~.~~03 y . t~ ,~'-~-c- f GRANTOR RECEIVED ,cur ~ c- Per .._.__ . ACKNOWtFDQMtr'NT STATE OF TEXAS COUNTY OF Tarrertt . BEI=ORE ME, the undersigned authority,. in and for said County, Texas. on this day personally appeared William M. Warren. Independent Executor of the Estate of Markha Burton, deceased, lawrvn to me to be the personts) whose name(s) islare :vbacribed to the foregoing Instrument and -acicnowladgad to me that he executed the same for the purposes and consideration therein expressed. - - . GIVEN UNDER MY HAND AND SFAL OF OFFICE, on March Z2, 2006. .. ~ -_ . .. ~ I NOTARY PlJ ~, STATE OF TEXAS MY COMMISSION D(PIRES: PRINTED NAME OF NOTARY - _ 11ABY E. r~lU((asa~ . * ~ 8TA1'S OF TEXAS (NOTARY SEAU W Cava. bor. 0.4/Zd/Gii . - ~~~ HXBIHIT "A" L~LOAL DSSCRxPTIQN PBR~ZSN'~ R,It3ST-OF-WAY BEING 4, 983 square - feet of land located in the C. COIL SITftVEY, _ Abstract No. 352, Colleyville, Tarxant County, Texas, and being a portion of the Tract of land conveyed to Martha Burton by the deed recorded in Volume 7.5336, page 130 of the Deed Records of Tarrant .County, Texas. Said 4, 983 square feet -of laxid being mare particularly described by metes and bounds, as followa:~ BEGxNNING at the most Northerly Northeast corner of ,said Burton Tract, being the intersection of the North end of the West .corner. clip for the West right-of-way line of Heritaige Avenue, with the existing South right-of-way lines of Glade Road; THENCE 9 28° 43~ 22" B 12_.56 feet, along the Northeast boundary line of said Burton Tract, and the. afo~resai.d corner clip for the West right-of-way lime of Heritage Avenue at C~lads.Road, to a 1/2^ iron rod set, in the new South ~right;of-way _ line of said sleds Road; THENCE along the new South.right-of-way line of said G].ade Road, as follows: 1. N 76° 58' 41" W 97.70 feet, to a 1/2" iron rod set, at the beginning of . a -curve .to the left; - 2. NORTHWEST$RLY. 186.89..feet, along said curve -to the left having a radius of 907.93 feet, a central angle of 11° 47' 38 d , and a chord bearing DT 82° 52' 29" W 186.56 feet,. to a 1/2* iron rod set,~at the_end o£ said curve; 3. N 88° 46' 19" W 268.33 feet, to a 1/2" iron rod set, in the West boundary line of said Burton Tract; ~. THENCE N 00° 15' 00" S 6.37 feet, along the West boundary-line of said Buxton Tract, to a point at the Northwest corner of said Buxton Tract, lying in the existing South right-of-way line of aforesaid Olade Road; THENrCB ~ along the North boundary line of said Buxton Tract, and the existing South right-of-way line of geld Glade Road, as follows: 1. N-89~ 33' 11" 8 - 127.08 _f~et., to a point aG t2ie~begirirla.ng o£ a curve to the right;~~~ - 2. SOOT~H3ABTBRLY 232.70 feet, along-said curve to the right having a :.'radius of 1965.00 feet, a central angle of 06° 47' 06*, and-a chord bear3.ng S 87° 03' 15~ 8 232.56 feet, to a point at the end of said curve, and the beginning of another curve to-the right; 3. 30UTHEASTBRLY 143.98 feet, along said curve to the-right having a radius of 2109.00 feet, a central angle of o7° 26' 20", and a chord bearing 3 79° 56',32" P 143.88 feet, to a point at, the end of said, curve; - 4. S 76° 11' 95" h 42.69 feet, ~o THS PIrAC$ OF 8BGI2QNING, containing 4,983 square feet of Land. FNGLADE ROW N0. 10 EXHIBIT "$" _ BRITTAIN & CRAIPI~`ORD PER~~AN~NT RIGHT--OF-~'AY uwo s~, ~ PPWG w ~ TOPOGRAPMC (atfl p2e-oQft - ~o ~-stt2 • rNC we. (an> tb-~r PA• 91011 1197~ •]906 5017tH fREENAY C1gti,r70N1lL TQfA4 ?a1t0 _ 4W[s ~{ptpt6~A11fTTMf-~ t~tA EiM~9t YOUAAE 967h t'N~OE 539 p,p,T;C.t; lpT t itoc;K / jyJ ! 1r7~t,~H si ~ 1 ~ 1 ~ aowlc~ ~ ~ wr~s Q = 06'47'06" R = 1965.00' ~ .~ ~ - 07'2fi'20" ' >xu s~E,~~ t7o,~ ~NOe, Poe sas i. =232.70 " R = 1109.00 ' ~ p,R,T.G.T, E ~ ~ ~ S 87'0315 :.. t, = 143.98 t C9 1 232.56 ~ L.C. = S 7'9'58'32"E J = 1 ~ ~ 143.88' / ~ -... -- N 89'33`1. »E ~+-~' u~ Gt;AD~' ROgD t 27.os ~~ ~N 88'46'19"W 268.33' ~o s'~ ,~ 7RON . ~ srr N 6.37' .j 5 ~~ i`~100' µ~R"l~IA 9URTON ~ ~QIJAREy votut~ 1533tf, PnGE _130 .tom ~ o.R T r~Y. N 76'58'41 "W -- __,._,_~ ~ 97.70..,_ O ~ 11 47 38 R = 907.93' hry 1, = 18b.89' ~~,.~ LC = N 82'52'29"W 1.86:56' j T~97o. a1.T.c.t - !: - ---~-----: _... -----..J SURYEYEO ON 'T1# OROUtiD. JUNE 15. 2006 qfi. ~ F_. T~~ OF TEXAS N0.57'9Z 3EGINNING C S 76' 13'22"E 42.75' S 28'43'22"E 12.56' i ,; ; Nawmaa, Jackeon, Biebersuin Landscape Architecture Bonner Place North 12770 Coit Road, Suite 210, Dallaa, Texas 75251 te1:972.233.2033 fax: 972.233.2022 VIA FACSIIVIII~E & MAIL July 19, 2007 Ms. Monica Walsh, Director Parks and Recrea#ion Department City of Colleyvitle 5109 Bransfard Ave. Colleyville TX 76034 RE: Potential Park Land -City of ColleyviIIe Monica: Regarding the tract adjacent to Heritage Avenue that the City of Colleyville has been offered for parkland, I would only recommend accepting this donation if the land were to remain as unaltered floodplain with little or no programmed public use. As you know, almost all of this property is within the 100 year flood plain and over 50% of the tract lies within the floodway. It would be very expensive to develop this land for active recreational uses in that 511 and channeling Little Bear Creek would be necessary to reclaim the amount of area needed for maintainability and safe, productive use. A great deal, if not all, of the existing hardwood tree cover would be sacrificed making these drainage improvements. In my mind the question becomes -can the City of Colleyville utilize the area in its existing natural state? - allowing the land to continue to function as a natural floodplain, slowing runoff and promoting storm runoff to find its way naturally back into the water table. Please share with me your continuing thoughts. Sincerely, NEWMAN, JACIfSON, BIEBERSTEIN, INC. ~.. Karl Von Bieberstein, FASLA Senior Vice President Small Lot Development Comparison Subdivision Lots Min. Width Min. Depth Min. Size Ave. Size Densi Acres Open Space Approval Date villas of Caldwell Creek 43 59 115 6,594 7,408 3.7 dua 11.6 18.3% 4.1.97 Bridges at Riverwalk 32 56 106 6,001 6,479 3.0 dua 10.0 24.0% 12.21.99 Riverwalk at Colleyville 53 60 115 6,331 7,666 3.2 dua 20.0 20.0% 4.4.00 Rosewood villas 53 59 110 6,482 6,899 3.6 dua 14.8 21.4% 8.8.01 Emerald Paris 72 60 120 7,200 7,508 3.5 dua 20.2 19.6% 10.1.02 Tiffany Park 25 60 100 7,200 7,580 3.5 dua 7.2 20.0% 10.21.03 Tuscan 35 60 110 6,600 7,878 3.9 dua 8.8 6.6% 2.17.04 Cambridge Park 38 50 58 4,500 5,300 4.2 dua 9.0 22.0% 7.6.04 Copperglen 22 55 105 5,924 6,650 3.9 dua 5.6 20.0% 10.17.06 Spring Gardens Townhomes 45 36 70 2,520 2,700 8.0 dua 5.4 31.3% 12.17.96 Heritage Oaks Townhomes 124 30 90 2,700 2,787 5.5 dua 22.9 25.0% 03.21.06 Vllas at Oak Pointe -Single Family Detached 49 56 95 6,440 7,226 3.6 dua 13.6 22.0% 08.02.06 Ullas at Oak Pointe - Townhomes 25 30 90 2,700 2,850 4.2 dua 6.2 22.0% 08.02.06 Vllas of Colleyville Permits Issued as of 4.16.2007 67 59 115 6,655 8,936 3.4 19.8 21.0% 08.21.07 Subdivision Lots Permits Villas of Caldwell Creek 43 41 Bridges at Riverwalk 32 32 Riverwalk at Colleyville 53 53 Rosewood Vllas 53 53 Emerald Paris 72 72 Tiffany Park 25 25 Tuscany 35 32 Cambridge Park 38 5 Copperglen 22 0 Conceptual Site Plan ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, THE AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after Ordinance 0-07-xxxx Page 2 of 5 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 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A° labeled Location and Zoning Map and as described on Exhibit "B" labeled Legal Description. 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 PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.0 dwelling units per acre; and two commercial lots, as shown on Exhibit "C" labeled as Conceptual Site Plan. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. Ordinance 0-07-xxxx Page 3 of 5 b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached. b. All commercial properties, as designated on Exhibit "C", shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN-Neighborhood Commercial zoning district, the CC1-~Ilage Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning areas shall refer to the areas noted on Exhibit "C". Planning Area "A" a. Minimum Lot Size b. Minimum Lot Width c: Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Building Height h. Maximum Lot Coverage 9,000 square feet 70 feet 120 feet 20 feet; or 15 feet for a front swing garage 5 feet 10 feet 40 feet 65% Planning Area "B" a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Building Height h. Maximum Lot Coverage 5,000 square feet 50 feet 105 feet 20 feet; or 15 feet for a front swing garage 0, 1 or 9 feet with a 10 foot minimum between buildings 10 feet 40 feet 65% Ordinance 0-07-xxxx Page 4 of 5 5. OPEN SPACE a. This development shall provide a minimum of 37% common open space, which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. c. Open space shall be maintained by the Homeowners Association. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed prior to the issuance of building permits as part of this development between Glade Road and Cheek Sparger Road. 7. SCREENING a. A six (6) foot tall masonry fence shall be constructed along the frontage of Glade Road and Cheek Sparger Road. b. Wrought Iron fences shall be built along the common boundary where residential lots abut designated open space areas. c. A six (6) foot masonry wall shall be built between any commercial and residential lots. 7. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or Ordinance 0-07-xxxx Page 5 of 5 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 day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map Exhibit B -- Legal Description BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX SURVEY, ABSTRACT NO. 352, THE JOHN H. HAVENS SURVEY, ABSTRACT N0.685, THE JESSE DOSS SURVEY, ABSTRACT N0.441 AND THE S.C.H. WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF GLADE ROAD AND THE INTERSECTION OF; THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND HERITAGE AVENUE, A DISTANCE OF 99.73 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE; THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE FOLLOWING COURSES AND DISTANCES; S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER; S OS°25'11" W, A DISTANCI's OF 195.30 FEET TO A POINT FOR CORNER; S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 27°31'41 ", A RADIUS OF 11'L 1.05 FEET, AN ARC LENGTH OF 538.62 FEET, A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF 533.45 FEET TO A POINT FOR CORNER; S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46", A RADIUS OF 2840.34 FEET', AN ARC LENGTH OF 786.37 FEET, A CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86 FEET TO A POINT FOR CO1tNER; S 14°48'57" W, A DISTANCE; OF 308.22 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE :LEFT HAVING A DELTA ANGLE OF 16°05'15", A RADIUS OF 1407.20 FEET', AN ARC LENGTH OF 395.12 FEET, A CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82 FEET TO A POINT FOR CORNER; S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 103.1.64 FEET, A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF 968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF CHEEK SPARGER ROAD; THENCE S 89° 18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL 1 IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°01'23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE S 89°02'53" E, ALONG THE NORTH LINE OF SAID TRACT 1, A DISTANCE OF 549.10 FEET TO A POINT FOR CORNER; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER; S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET TO A POINT FOR CORNER; THENCE N 00° 15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR CORNER; THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR CORNER; THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER; THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR CORNER; THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER; THENCE S 00°2731" E, A DISTANCE OF 28.9,4 FEET TO A POINT FOR CORNER; THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 13°35'47", A RADIUS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET TO A POINT FOR CORNER; THENCE S 76° 13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS.