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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/24/2008City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ~:~ ~. ~~ ~ ~ ~~ -r~~ti.~, Meeting Agenda Monday, March 24, 2008 6:15 PM City Council Chambers Planning and Zoning Commission _~_~ City of Colleyville 'I~ '~~~~' Meeting Agenda ~~ r:.,., Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, March 24, 2008 6:15 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 EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Executive Session -Legal Consultation -March 24, 2008 REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Knox 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES March 10, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat for 2.6 acres on Tract 2J of Abstract 328 of the S. Contrail Survey located at 4704 Bill Simmons Road, Case P-08-010 City of Colleyville Page 1 Printed on 3/20/2008 Planning and Zoning Commission Meeting Agenda March 24, 2008 7b Approval of a request for an appeal of the tree mitigation requirements in the Land Development Code for the Winding Creek Addition, located in the 6500 block of Colleyville Boulevard, Case G-08-016 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial zoning district regulations for the Winding Creek Addition located in the 6500 block of Colleyville Boulevard, Case Z-08-012 8b Consider an amendment to the Master Thoroughfare Plan to add Lavaca Trail and Murphy Road, Case G-08-014 9. TABLED AGENDA ITEMS 9a Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1 B, Block 1 of the Tate Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case Z-08-008 9b Approval of a request for a Special Use Permit for a telecommunications tower on Tract 1A of Abstract 1077 and Tract 5A1A of Abstract 339 of the L.L. McLain Survey located at 3816 Bedford Court, Case Z-08-010 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT I hereb ertify the bove agenda was posted on the bulletin boards at City hall on Thursday, March 20, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 3/20/2008 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com 1a:_.., ~~~, .f °ri~.~w Minutes -Draft Monday, March 10, 2008 6:15 PM City Council Chambers Planning and Zoning Commission ~~~' City of Colleyville 1~0 Main Street ~- Colle ville, Texas 76034 (~ (817) 503-1000 Minutes -Draft www.colleyville.com ~~a. Planning and Zoning Commission Monday, March 10, 2008 6:15 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 March 10, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Chris Fuller, Jeremy Hutt, Rob McKeown 3. INVOCATION The invocation was given by Commissioner Phelps. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the February 25, 2008 meeting minutes as written. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 1 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Draft March 10, 2008 None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a Replat on 3.3 acres being Lots A-R and 6-R of the EM Thompson Addition; Lot 2, Block 1 ~of the Foster Addition; Lots 77 and 77A of the Village at Colleyville Addition located at 5204 Colleyville Boulevard, Case P-08-009 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:03 p.m. There being no one wishing to speak, the public hearing was closed at 7:03 p.m. Commissioner Redfearn moved to approve case P-08-009. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 7b Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-08-009 Ron Ruthven presented the case and briefed the Commission. Discussion occurred between staff and Commissioner Phelps regarding the request for a State license from Type A to Type B or Type A and Type B. Staff stated the applicant is in agreement with the recommendations. Commissioner Redfearn questioned staff regarding if there are any other type of assisted living facilities designated by the State? Ron Ruthven replied assisted living is either Type A or Type B. He stated there are other types of housing for the elderly that do not fall under an assisted living definition. Commissioner Byerly opened the public hearing at 7:06 p.m. Reginal Anderson, applicant, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mr. Anderson regarding if there are any other type of licenses mandated by the State? Mr. Anderson replied yes, they are mandated by the State for either Type A or Type B. City of Colleyville Page 2 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Draft March 10, 2008 There being no one wishing to speak, the public hearing was closed at 7:08 p.m. Commissioner Phelps moved to approve case Z-08-009. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 7c Approval of a request for a Special Use Permit for a telecommunications tower on Tract 1A of Abstract 1077 and Tract 5A1A of Abstract 339 of the L.L. McLain Survey located at 3816 Bedford Court, Case Z-08-010 Ron Ruthven presented the case and briefed the Commission. Commissioner Clardy questioned staff regarding if the tower will be 200 feet from the Bedford residents? Ron Ruthven replied the tower will be within 200 feet of the actual structures in Bedford. Commissioner Phelps questioned staff regarding if the tower is 170 feet within a single family residence in Colleyville, is it 200 feet from the actual resident, as required in the code? Ron Ruthven replied the actual zoning district itself that it meets the distance from. Commissioner Byerly opened the public hearing at 7:10 p.m. Peter Kavanagh, applicant, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Kavanagh if the Bedford residents were notified, since it will serve their community? Mr. Kavanagh replied no. Commissioner Dudziak stated to Mr. Kavanagh that the code states the tower to be 200 feet away because of safety reasons in case the tower were to fall. Mr. Kavanagh replied the monopoles are designed to withstand wind and serve as a lighting rod as well because they are grounded. Commissioner Dudziak questioned Mr. Kavanagh regarding if there is a danger for the Bedford residents if the pole were to fall down? Mr. Kavanagh replied clearly if the pole were to fall down on a home, there is a potential danger. However, he stated the likelihood of that happening would be unusual. Commissioner Clardy questioned Mr. Kavanagh if the pole could be City of Colleyville Page 3 Printed on 3n v[uvu Planning and Zoning Commission Minutes -Draft March 10, 2008 moved slightly to the west? Mr. Kavanagh replied they could probably do that, however, they have not discussed it with the property owner and they would need to talk with them first. Commissioner Redfearn questioned Mr. Kavanagh regarding what the reasons are for requesting the waivers for the landscaping and the paved parking spot? Mr. Kavanagh replied the waivers were requested because the school plans to put in a parking lot, and the pole would be at the corner. He stated they do not know when the school is planning to do the parking lot. He stated they concurred with staff regarding not granting the approval of the waivers. Commissioner Duffy questioned Mr. Kavanagh the power out for the pole? Mr. Kavanagh replied the maximum power for sending the radio signals is 100 watts. He stated the intent is to broadcast a very short distance, a mile or so. He then explained the use of the towers in the area regarding the use of the same channel frequencies. There being no one wishing to speak, the public hearing was closed at 7:22 p.m. Commissioner Duffy stated. having concerns that the Bedford residents were not notified and they should have been notified. Commissioner Phelps stated the distance requirement is in the code for safety reasons. He stated having concerns for the adjacent residents. Commissioner Dudziak stated we should have a respect for the adjacent residents and stated he could not support this. City Attorney Kallas stated the decisions made tonight should not be made as a provision for the code that applies outside the jurisdiction of Colleyville. He stated the decision should be based on the code for the city of Colleyville. Commissioner Redfearn stated there is a waiver request because of the proximity to a Colleyville residential zoning district. Ron Ruthven concurred. Commissioner Byerly stated the notification to the City of Bedford has been set by City Council, the Commission has no control over that regulation, therefore it can not be denied because of that. Commissioner Clardy questioned the Commission if the request could be modified so that it at least meets the minimum distance from those residences, could it be moved to the west so that it is away from the neighboring residents? City Attorney Kallas replied if the Commission City of Colleyville Page 4 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Draft March 10, 2008 wishes to enforce the City of Colleyville codes, then yes. He stated the applicant may be asked to bring back a different location than the one proposed. He stated the Commission may want to give the applicant some direction. Commissioner Byerly questioned for clarity, the Commission can require the pole to be 200 feet from the Colleyville residential zoning district but it is not a consideration how close it is to a Bedford residence? City Attorney Kallas replied he would not base a decision on the considerations relevant to Bedford in order to support any decision by the Commission as that being a basis for the decision. Commissioner Byerly stated waivers have been granted before regarding the distance as long as the distance was greater than the tower, if it were to fall. He stated based on the City Attorney's recommendation, the tower is within the City of Colleyville code. Commissioner Byerly moved to approve case Z-08-010 which grants the waiver for the distance but denies the waiver for the parking and landscaping. Commissioner Phelps seconded. Commissioner Dudziak stated the applicant should have to comply with the code. Commissioner Redfearn reviewed the drawings provided by staff and the applicant regarding the placement of the pole. Ron Ruthven stated the AG zoning district is considered a residential zoning district. Commissioner Byerly questioned staff regarding the owners of the adjacent properties within the City of Colleyville? Ron Ruthven replied Covenant Christian Academy has purchased many of the properties within this site. Commissioner Byerly questioned staff regarding how far is this away from the property not owned by the applicant? Ron Ruthven replied some of the property owners are affiliated with Covenant Christian Academy and some may not be. He stated 3804 Bedford Court would be about 100 feet from the subject property. He stated the 175 feet is from the R40 zoning district. He replied it is more than 200 feet from residentially zoned property not owned by the applicant within Colleyville. Commissioner Phelps stated it may be an issue with timing, these properties may change in the future which may solve the issues with safety for the neighbors. Commissioner Byerly stated the Commission can not be concerned for the neighbors. Commissioner Dudziak questioned staff if there are no standards for the City of Colleyville Page 5 Printed on 3/91/2008 Planning and Zoning Commission Minutes -Draft March 10, 2008 distance from a commercial property? Ron Ruthven replied no. The motion failed by the following vote: Aye: 3 -Knox, Phelps, Byerly Nay: 4 -Dudziak, Redfearn, Clardy, Duffy Commissioner Redfearn questioned Mr. Kavanagh regarding if the tower site could be moved within some broad area, what could that area be? Mr. Kavanagh used the drawings provided regarding the placement of the tower. He stated they could slide due west another 128 feet, which would place the pole from the rear of the east lots, about 170 feet from the pole to their back fence. He stated they would be very close to the Colleyville rule with the residents across Bedford. He stated they would have to review the request with the property owner requesting the construction of the pole. Commissioner Dudziak questioned Mr. Kavanagh regarding why the commercial property was not sought after for the location of the tower? Mr. Kavanagh replied that the shopping center was approached, however, there was not a place to put the tower. He stated, at first, the tower was going to be placed on the school property, in a different location. Mr. Kavanagh requested that the Commission hold their case until they have an opportunity to speak with the property owners to verify the new placement of the pole. Commissioner Dudziak moved to approve table case Z-08-010. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy Nay: 1 -Byerly 7d Approval of a request for a Special Use Permit for an accessory building on Lot 1, Block 1 of the Pleasant Glade Farm Addition located at 3400 Glade Road, Case Z-08-011 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:45 p.m. Gary Cantrell, applicant, came forward to present the case and brief the Commission. City of Colleyville Page 6 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Draft March 10, 2008 Commissioner Duffy questioned Mr. Cantrell regarding the drawing that shows the existing structures on the property, are the ones to the front of the property to be demolished? Mr. Cantrell explained the existing structures and which ones will or have already been demolished. Commissioner Duffy questioned Mr. Cantrell regarding what is the time frame regarding how long it will take to build the new building and demolish the old buildings? Mr. Cantrell replied he can have it completed within 180 days. Commissioner Dudziak questioned Mr. Cantrell regarding the cattle business that was stated in his letter? Mr. Cantrell replied he does not have a cattle business, however, he does have an AG exemption on the property. Commissioner Dudziak questioned staff if the ordinance precludes Mr. Cantrell from having the cattle? Ron Ruthven replied the Land Development Code allows grazing animals in the AG-Agricultural zoning district. Commissioner Phelps questioned Mr. Cantrell regarding if the structure will be metal? Mr. Cantrell replied yes. Commissioner Phelps questioned Mr. Cantrell regarding if the adjacent neighbors have been contacted regarding the metal structure? Mr. Cantrell replied he has not contacted the neighbors. Commissioner Phelps questioned Mr. Cantrell if the area where the new barn is to be constructed is heavily wooded? Mr. Cantrell replied it is. He stated his house can not be seen from the street and the neighbor will not be able to see it. Commissioner Phelps questioned Mr. Cantrell if the 180 day requirement can be met with regards to demolishing the old buildings? Mr. Cantrell replied yes. Commissioner Dudziak questioned Mr. Cantrell regarding what is the distance between the other residences? Mr. Cantrell replied there are houses surrounding his property and that the building would be constructed 60 feet from those resident's rear property line. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Commissioner Redfearn questioned staff regarding if the 60 foot setback for the barn is well beyond the required setback? Ron Ruthven replied City of Colleyville Page 7 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Draft March 10, 2008 yes, an accessory structure can be placed within 5 feet of the property line. Commissioner Duffy moved to approve case Z-08-011. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 8. 9. 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None COMMISSIONERS' COMMENTS AND REPORTS None ADJOURNMENT The meeting adjourned at 7:53 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall onThursday, March 6, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 8 Printed on 3/11/2008 l ~~~ ~+ 100 Main Street ~ `- -~~ _~ City ~f CO~~e~/V~~~e Colleyville,Texas76034 ;.~; (817) 503-1000 ~-~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 03/24/2008 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a minor plat for 2.6 acres on Tract 2J of Abstract 328 of the S. Contrail Survey located at 4704 Bill Simmons Road, Case P-08-010 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 03/24/2008 Planning and Zoning Commission Title Approval of a minor plat for 2.6 acres on Tract 2J of Abstract 328 of the S. Contrail Survey located at 4704 Bill Simmons Road, Case P-08-010 Explanation Tony Johann, representing property owners Vinit and Uma Lal, is the developer of a 2.6 acre tract of land located at 4704 Bill Simmons Road. The developer submitted a request for approval of a minor plat that will consist of one residential lot. The lot meets the minimum requirements of the Land Development Code. Zoning. The property is bisected by the R20-Single Family Residential district, which covers the eastern one-third of property, and R40-Single Family Residential district, which covers the western two-thirds of property. The dual zoning of the property is not prohibited by the Land Development Code and will not affect platting of the property. The property meets the minimum lot size and width requirements of both the R20 and the R40 zoning districts. Existing Conditions. There is an existing accessory building along the northern boundary that will remain on the property. A cluster of trees is located in the southeastern quadrant of the property. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans during the building permit process. City of Colleyville Page 1 Printed on 3/20/2008 Agenda BrieTinp Continued Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential dwelling. The fee must be paid before the plat can be filed with the County Clerk's office. Sidewalks. The Land Development Code requires a sidewalk along Bill Simmons Road. A sidewalk, four (4) feet in width, built to current city standards, must be constructed when new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the plat for Bill Simmons Road. Perimeter street improvements are required for the newly created lot since Bill Simmons Road is considered an unimproved street. The fee must be paid before the plat can be filed with the County Clerk's office. Tree Preservation. Trees not located within the building footprint must be preserved during construction of a new home. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 3/20/2008 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE March 4, 2008 To TortY Jot~.arrrr FAX 817.893.0224 FROM Justin Bass, Planner SUBJECT P-08-010 Minor Plat -Lot 1, Block 1 Lal Acres 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. Make the acreage calculations shown in the plat drawing and in the dedication certificate the same exact number. 2. Include property owner names to the lot and deed information already presented on the adjacent properties. 3. State the actual amount ofright-of--way dedication on the plat drawing. 4. Will the shed on the property remain? If so, provide the building footprint and distances to the nearest side and front setback within the plat drawing. 5. The front portion (easterly) of the lot is zoned R20, and therefore, only requires a 30 foot building line. 6. Replace the existing Planning and Zoning Commission certification box with the following bOX: Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colteyville, Texas voted atTirmatively on this day of 2d_, to approve this Plat Chairman, Planning and Zoning Commission Attest. Secretary, Planning and Zoning Commission 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-010 MINOR PLAT OF LAL ACRES 7. If the new house is to be located more than 500 feet away from an existing fire hydrant, the owner will be responsible for paying for the installation of a new hydrant and public improvements associated with connecting the hydrant to our water system. Determination of this need will occur when applying for a building permit. Contact Rob McKeown, Fire Marshall, at 817-581-4591, for more details. 8. If the new house is to be located greater than 150 feet from the front property boundary, a 14 foot concrete driveway will be required for emergency service access. Determination of this need will occur when applying for a building permit. Contact Rob McKeown, Fire Marshall, at 817-581-4591, for more details. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Bill Simmons Road. Perimeter street improvements are required for the newly created lot since Bill Simmons 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. 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 may be different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY $2,187 for a SINGLE FAMILY DETACHED HOUSING unit WATER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. 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 drip line 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. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-08-010 MINOR PLAT OF LAL ACRES 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 residential dwelling. The fee must be paid before a building permit will be issued. SIDEWALKS/TRAILS. Per Section 9.19.A of the Land Development Code, a sidewalk is required on all lots prior to receipt of Certificate of Occupancy. A 4 foot sidewalk is required along Bill Simmons Road. The property owner/developer will be responsible for funding and constructing the sidewalk within the right-of way. See Section 14-150 of the Land Development Code for guidance. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, March 24, 2008, 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 revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, March 14, 2008, in order to make the scheduled hearings. Please contact me at bassj(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 3 OF 3 Mar 13 08 02:72p Tony Johann Applicant's Response Letters 8178930224 ~~ ~~~~~ cvszorz rio•~ES, Irrc. P.O. Box 305 • CopeyWlle, TX 76034 ! Colt 817-996-7472 • Pager 817-833-0765.Office/Fax 817-89~-0224 12 March 2008 To: Development Review Committee /Justin Bass City of Colleyville, Texas From: Freeland Custom Homes Inc. p.2 Subject: P-0~8-010 Minor Plat-i.ot 1 Block 1 Intl Acres (4704 BiII 5~immons Rd) Ref: Your 1Letter Dated March 42008 Please accept this letter as reference to the ac~xptance of the DRC Iuetter and that; all the required changes have been met. I am aware of the Fire Hydrant issue {#7~ and the 14 Ft Driveway Requirement (#8) as it pertains to the Bu~ing Permit (odce issued). Pleasc let me know if have any questions or need aay furtli~er informations. l truly appreciate your help in this matter. Regards Tony Ja / ident Freetan es Inc. CC: Loyd Bransom Surveyors RECEIV~p ..r ZQ~u ~V: L~. F•1 ~ ;1 Per ...........;~ LOYD BRANSOM SURVEYORS iNC. CHARLES B. HOOKS 1R. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 (817) 834-3477 FAX (817) 831-9818 E-MAIL: LBSC~?SWBELL.NET MAY. 13, 2008 CITY OF COLLEYVILLE DEVELOPMENT REVIEW COMMITTEE REF: P-08-010 MINOR PLAT LAL ACRES RESPONSE TO DRC COMMENTS DATED 03-04-2008 1. AREA SHOWN ON LOT IS LESS R.O.W. AS. DEDICATED. THE AREA IN THE DEDICATION IS THE AREA OF LOT PLUS AREA TO BE DEDICATED. 2. COMMENT REMOVED (PER JUSTIN BASS, PLANNER). 3. SHOWN ON PLAT. 4. METAL BUILDING TO REMAIN (SEE EXHIBIT ATTACHED). 5. CHANGED ON PLAT. 6. CHANGED ON PLAT. ALL OTHER COMMENTS HAVE BEEN ACKNOWLEDGED BY THE DEVELOPER THANK YOU, CHARLES B. H00 JR. RPLS #3946 ,RECEIVED MAR t ~ ~'.t~~:' t Per ~............ 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Section 5.7(D) of the Land Development Code states: "any decision made by the Administrative Official with regard to a request for a tree removal permit may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission shall be final." Ray Collins with Merach Development Group applied for a tree removal permit as part of a site grading plan for undeveloped property located at 6508, 6500 and 6408 Colleyville Blvd. totaling 6.54 acres in order to remove 21 trees totaling 401.5 caliper-inches from the property. Of the proposed trees to be removed, 9 trees totaling 137.5 caliper-inches are located in utility and drainage easements. The properties are zoned PUDC under Ordinance 0-00-1211. The tree preservation section of Ordinance 0-00-1211 states that "a minimum of 1,500 caliper-inches of existing trees shall be preserved in place on the property". The ordinance does, however, allow trees located in dedicated utility and drainage easements, but not building pad sites, to be City of Colleyville Page 1 Printed on 3/20/2008 Agenda Briefing Continued removed. According to the tree survey submitted by Mr. Collins, there are a total of 915.5 caliper inches existing on the subject properties. The total caliper-inches of the remaining trees on the properties located at 6400 and 6404 Colleyville Blvd. are unknown. PUDC 0-00-1211 governs the properties located at 6400, 6404, 6408, 6500 and 6508 Colleyville Blvd. Given the tree preservation requirements of Ordinance 0-00-1211 and the fact that no tree survey exists for all of the properties within the PUDC district governed by Ordinance 0-00-1211, staff determined that no trees may be removed from the property other than trees located in drainage or utility easements, and therefore, denied Mr. Collins' request for a tree removal permit. If there were no provision in Ordinance 0-00-1211 requiring that 1,500 caliper-inches of existing trees be protected, then the applicant would be subject to the requirements of Chapter 5 - Tree Preservation in the Land Development Code. Chapter 5 allows any existing tree to be removed subject to the mitigation of trees that are not exempt. Mitigation requires either the planting of new trees that match trees removed on a caliper-inch for caliper-inch basis, or the payment of $100.00 per each caliper inch removed for each non-exempt tree into a tree preservation fund. In the case of the subject property, which is commercial, trees exempt from mitigation would, based strictly on Chapter 5 and not the PUDC requirements, include trees located in building pad sites and easements. Case Z-08-012 on this agenda involves a request by the City to remove the tree preservation provisions from PUDC Ordinance 0-00-1211 and, instead, require the properties within the PUD to comply with the provisions of Chapter 5 -Tree Preservation. The applicant is requesting the appeal in order to begin the site grading process while the PUDC amendment is considered by the Commission and the City Council. Staff supports the appeal request by the applicant subject to the submittal of a mitigation plan for all non-exempt trees, as defined in Ordinance 0-00-1211, that are planned to be removed on the properties. Recommendation Approval, subject to the mitigation of all non-exempt trees removed as required in Ordinance 0-00-1211 and Chapter 5 of the Land Development Code. City of Colleyville Page 2 Printed on 3/20/2008 Tree Survey M a p subject Properties '_~~ +~ r ~ ~ • t T rran ~~ Trees Requested for Re oval ~`~ 1 ~ ~. ~ ~''~ ~ ~r,- ~. ~= i s ki ~~ "J ~ Fr ~ ~~ _ ~, Zoning and Aerial Map Tree Preservation Provisions of PUDC Ordinance 0-00-1211 • A minimum of 1,500 caliper-inches of existing trees shall be preserved in-place on the property. Tree preservation shall be in general accordance with the Tree Preservation Plan attached as Exhibit D. • Compliance with these tree preservation provisions shall be reviewed upon the submittal of a site plan. • Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. An exemption shall not be granted for trees located under a building pad site. (:111_ ~~~ /~- vet of Colle V~~~e 100 Main Street ~,~ ~~~~ Y Y Colleyville, Texas 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: 03/24/2008 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial zoning district regulations for the Winding Creek Addition located in the 6500 block of Colleyville Boulevard, Case Z-08-012 Attachments: Location and Zoning Map Ordinance 0-00-1211 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 03/24/2008 Planning and Zoning Commission Title Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial zoning district regulations for the Winding Creek Addition located in the 6500 block of Colleyville Boulevard, Case Z-08-012 Explanation The City of Colleyville has submitted a request to amend Ordinance 0-00-1211 allowing a PUDC-Planned Unit Development district on approximately 8.8 acres, located at 6400, 6404, 6408, 6500 and 6508 Colleyville Blvd. Zoning. Ordinance 0-00-1211 was approved by City Council on April 4, 2000. The PUDC ordinance allows for a mixed office/retail development along with dry cleaning and day care uses. The ordinance also requires the following tree preservation provisions: • A minimum of 1,500 caliper-inches of existing trees shall be preserved in-place on the property. Tree preservation shall be in general accordance with the Tree Preservation Plan attached as Exhibit D. • Compliance with these tree preservation provisions shall be reviewed upon the submittal of a site plan. • Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. An exemption shall not be granted for trees City of Colleyville Page 1 Printed on 3/20/2008 Agenda Briefrng Continued located under a building pad site. Ordinance Amendment Staff proposes replacing the tree preservation requirements in Ordinance 0-00-1211 with the following statement: "Tree preservation on the subject properties shall be in accordance with Chapter 5 - Tree Preservation in the Land Development Code." Staff proposes the amendment based upon a recent request for a tree survey on the property that indicates that there may be less than 1,500 caliper-inches of existing trees on the subject properties. Staff also agrees that the existing tree preservation provisions found in Chapter 5 of the Land Development Code have been, and remain, adequate in terms of ensuring tree preservation and mitigation within other developments throughout the City. Master Plan. The Colleyville Plan designates the subject properties for retail uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. The properties to the west are zoned R20-Single Family Residential and contain single family residences. Properties to the north are zoned ML-Light Industrial and contain heavy commercial uses. The properties to the east are zoned ML-Light Industrial and CN-Neighborhood Commercial and contain self-storage and office/warehouse uses. The property to the south is zoned AG-Agricultural and contains a single family residence. Public Notification. Staff mailed notices to 27 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Summary. The proposed amendment will remove the existing tree preservation provisions within Ordinance 0-00-1211 and, instead, require the properties located within this PUDC district to abide by the tree preservation provisions of Chapter 5 in the Land Development Code. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 2 Printed on 3/20/2008 Location and Zoning Map ORDINANCE 0-00-1211 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 8.789 ACRES OUT OF THE A.J. LOTT SURVEY, A-963, TRACTS 2M AND 2N, AND LOT 1, BLOCK 1, HAYNIE ADDITION, FROM THE AG (AGRICULTURE), CC1 (VILLAGE RETAIL) AND ML (LIGHT MANUFACTURING) DISTRICTS TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Lanny Wilkinson on January 28, 2000, under Case No. Z-00-012; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described 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 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Pian on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG (Agriculture), CC1 (Village Retail) and ML (Light Manufacturing) districts to the PUD-C (Planned Unit Development-Commercial) district together with all site plans which are conceptual in nature, supporting documents, Ordinance 0-00-1211 Page 2 of 5 and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. GENERAL The purpose of this PUD-C is for the development of retail and services type uses. 2. PERMITTED USES a. All commercial and office uses allowed in the CC 1 Village Retail zoning district b. One automobile service use located on the north 150 feet of the property c. One day care center d. One dry cleaner not exceeding 5,000 s.f. in gross floor area 3. SETBACKS. OPEN SPACE 8c SCREENING a. A rear building line of 50 feet shall be provided along this property's western common property line with the Kingston Addition. b. Open space and lot coverage shall be in accordance with the CC1 district regulations. A minimum of twenty-five percent (25%) open space shall be provided on each lot. A minimum of thirty percent (30%) open space shall be provided for the entire development. c. The property shall be landscaped in accordance with the landscaping standards contained in the Zoning Ordinance at the time a building permit is requested. 4. TREE PRESERVATION a. A minimum of 1,500 caliper-inches of existing trees shall be preserved in-place on the property. Tree preservation shall be in general accordance with the Tree Preservation Plan attached as Exhibit D. b. Compliance with these tree preservation provisions shall be reviewed upon the submittal of a site plan. Ordinance 0-00-1211 Page 3 of 5 c. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. An exemption shall not be granted for trees located under a building pad site. 5. ROADWAYS AND DRIVE APPROACHES a. A continuous left turn lane shall be constructed on Colleyville Boulevard along the entire frontage of the property. The turn lane shall be completed and accepted by the Texas Department of Transportation prior to the issuance of a certificate of occupancy for any structure within this PUD-C. b. Three (3) drive approaches shall be allowed on Colleyville Boulevard to provide access to the property. The drive approaches shall be spaced a minimum of one hundred fifty feet (150') apart, centerline to centerline. The driveway throat width shall not exceed thirty-five feet (35'). Deceleration lanes shall be provided. 6. OTHER a. All buildings shall be designed to meet the minimum architectural design standards of the CC1 -Village Retail district, as contained in Section 24.17 of the Zoning Ordinance. b. The dry cleaner plant with pickup station shall be restricted to the most southeast lot in the development. c. The building elevations for the day care center shall be generally consistent with the building elevation attached as Exhibit E. d. The site plan for any structure located on proposed Lot 4 on the preliminary plat shall be approved by the City Council. The site plan shall be approved prior to the issuance of a building permit for any structure on proposed Lot 4. e. For all buildings constructed on the most northeast lot between the creek and Colleyville Boulevard, one hundred percent (100%) of the exterior wall surfaces shall be constructed of brick or natural stone. The requirement shall apply to all wall surfaces, less the area of window and door openings. The requirement shall not apply to decorative trim or roof trim areas. f. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not Ordinance 0-00-1211 Page 4 of 5 face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (15°) of perpendicular to the right-of-way line of Colleyville Boulevard. g. Not more than three (3) vehicles shall be parked overnight at an automobile service use. h. A wrought-iron fence shall be installed along the north property line on the most northeast lot between the creek and Colleyville Boulevard. Red tip Photinia shrubs shall be planted on six- (6) foot centers adjacent to the wrought-iron fence. The size of plant materials shall comply with the requirements of the landscaping regulations. i. The servicing of vehicles outside of a building shall be prohibited. j. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. k. The improvement and landscaping of the creek area and its realignment shall be completed and accepted by the City prior to the issuance of a certificate of occupancy for any structure on the property. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3 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. T e firs reading and public hearing being conducted on the 2J s~ day of ~, 2000. T e se and reading and public hearing being conducted on the ~ day of ~~~' 2000. Ordinance 0-00-1211 Page 5 of 5 ATTEST: / GWft~ Jea Harris, TRMC, CMC City Secretary APP VEDA TO FORM AND LEGALITY: Ross . F ter City Attorney CITY OF COLLEYVILLE: ~`~' Donna Arp Mayor '~ ~ ~' r S~ y6s ~ iflY~~y wo • w a. ' x s we ~_ .~ m ~ s ~r ~~ ..: , . See ~ Y N ~ R 11 M ~~ S ~ D . 7 C1~ ~ / f ` ' • y s ~ • " ~~ • , ~ 0-99-1157 • ~ ' % ERIC r . arwe.w. ra. ~ ~ ~ 1 ,. M ., ~ ,., ,~' w.. r~ o ""~ A H v IR ~ ,. , .At'~ FI- t i ~ ~ jl ~C 1 ~- ~~~ K- .~ , ~ 4N~~ iK f~K ~ ~. • IJAC t it Y ~C' Exhibit A -Zoning Map Property Description Being a tract of land out of the H. Hughes Survey, Abstract No: 963, Tarrant County, Texas and being the same tract of land as described in deed recorded in Volume 7935, Page 1697, Deed Records, Tarrant County, Texas and in Volume 9031, Page 1352, Deed Records, Tarrant County, Texas and being Lot 1, Block 1 of Haynie Addition as described in deed recorded in Volume 388-164, Page 100, Deed Records, Tarrant County, Texas and being described as follows Beginning at an %2- inch iron pin found in the West right of way fine of Colleyville Road (SH 26} for the Southeast corner of tract being described, said point being the Northeast corner of the Conner Lam tract, a 3.18 acre tract of land as described in deed recorded in Volume 7225, Page 1257, Deed Records, Tarrant County, Texas; Thence South 86 degrees 28 minutes 47 seconds West 410.19 feet along North property line of said Conner Lam tract to a 5/8 inch iron pin set for corner; Thence North 00 degrees 04 minutes 14 seconds East 474.87 feet along West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence North 00 degrees 59 minutes 09 seconds East 176.67 feet along the West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a'/z -inch iron pin found for comer; Thence North 87 degrees 41 minutes 35 seconds East 775.11 feet along South boundary of the James David Bowden tract as described in deed recorded in Volume 11970, Page 1677, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence South 29 degrees 16 minutes 50 seconds West 753.85 feet to '/Z inch iron pin set and continuing to the point of beginning and containing 382867.790 square feet or 8.789 acres or land, more or less. Exhibit B -Metes and Bounds Description o h . Z O H (n ~~ ~~ Q Q W d ~ I- ~ U U ~ ~ ~ m (~ V V. ~~~'~ F e W,~Q p0 ~p~~~~~ ~° ~ ~ ~ O O g Z o ~~ tt ~ a N N ~; A t / ~ a *• ~+. ~ ~ N ® A •h,~ ~ Ai 1 r~ • / r, ~.. ~ ~ °~ 8 ~~ '~ _,- ~~ -~ ~ ~' ~~`~, ` ,~ ~v ~` , ~ ~` ~~`` b ~ 4~ . •.f .. t~~ , h r ~• ~ ~~ ~ ,g~ ~! ._ ~o .4~ t ~~ ~~.`'` ~ -. ~. ~ ~ N ~ f . ~ ~ r~ ~ ~ w ' ~ ` ro ~ ~~ _ y ° 8 ~~ y{l` l~~~ ~ ~ ~ ~ • J f .. ~~ Q U o ~k~~ ~ N~ ~ ,.• ~ ~ ` ~~ °~ U ~ t ~ ~ ' ~ ~ ~ ~ U 7lry~. ~.,~+ ~ ~~~ Exhibit C -Zoning Exhibit ----« ~ ~ ~ g~} ~i~iQ p ~ ~ i i m~°~~ ~ t ~ ~ i i a^dt,i Q pia 1 ~ ~ ! ~'~,\ h i .~ :1 a~i ~~. ~ `~ ~~".~ ~~. ~~ ~ \~~ ~ ~ ~ ~ '- _~~ ~ S ~a \ ~~ ~ a ~~ ~! ~ t~ ~ ~ ~ ~ ~ ~ ~, ~ ~ ~ ~~ ~~~ II~!II~I111l11~ ~(t~ 1 ~ ! ~~ a • ~ ~ ~ . ~ Exhibit D -Tree Preservation Plan Exhibit E -Day Care Center Conceptual Elevation ORDINANCE 0-08-xxxx AN ORDINANCE AMENDING ORDINANCE 0-00-1211 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-00-1211 on April 4, 2000, to establish the zoning for 8.789 acres out of the A. J. Lott Survey, Abstract 963; and WHEREAS, the City of Colleyville has requested an amendment to Ordinance 0-00- 1211, under Case Z-08-012; 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 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 00-1211. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 8.789 acres of The Winding Creek Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. TREE PRESERVATION a. Tree preservation on the subject properties shall be in accordance with Chapter 5 -Tree Preservation in the Land Development Code. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the Ordinance 0-08-xxxx Page 3 of 3 above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-00-1211 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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" -Location and Zoning Map f' Tr 100 Main Street ~~, - Cit of Colle ville ~ ~~ ~, ~; Y Y Colleyville, Texas 76034 (817) 503-1000 '"'~ /4ge11C~a BI"lefltlg www.coueyviue.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 03/24/2008 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Consider an amendment to the Master Thoroughfare Plan to add Lavaca Trail and Murphy Road, Case G-08-014 Attachments: Location Map Master Thoroughfare Plan Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 03/24/2008 Planning and Zoning Commission Title Consideration of an amendment to the Master Thoroughfare Plan to add Lavaca Trail and Murphy Road, Case G-08-014 Explanation The Master Thoroughfare Plan is used as a guide to show the location of the future major roadway networks that will serve Colleyville upon ultimate build-out of the community. The current Master Thoroughfare Plan was adopted with the approval by the City Council of Resolution R-98-1408 on September 1, 1998 and has, since, been amended three times. This amendment request involves adding all of Murphy Road and all of Lavaca Trail to the Master Thoroughfare Plan as Minor Collector Streets. These roads are currently classified as local streets on the Plan. Local streets are the smallest streets allowed in the City and are required to have a minimum of 50 feet of right-of-way with a 31 foot pavement width. Minor Collector streets are required to have a minimum of 75 feet of right-of-way with a 42 foot pavement width. Adding these streets to the Master Thoroughfare Plan allows the City to collect street impact fees from properties that have frontage along the streets as the properties develop. Recommendation Approval - --- -- - ---- --- City of ColleyviNe Page 1 Printed on 3/20/2008 Location Map Murphy Road i ::; ~T y C7 ' - ...GRATE ', 5 ... _ . ;. CT :, CII~/ O f 4, .,F Noah r,4 .Richland ,~ ~ ,~^` Hills = ~{ .. • Y G`k ~rERr~acEt~ ti5 6iU5TANG G7: 'NTi2Y i'l o ~ Lav a Tr il ~ i„ P . , ac a ~ ~C K'' Vi dike ~T ~ 9~ ~~ x . A.l '. i.IP.EE2i7 LIJ : r Master Thoroughfare Plan Exhibit Proposed Murphy Road s Proposed Lavaca Trail 2I7~ Legend Local ~~ 1 1 a c; 1 r ~\'~ J S~ie car ~r ~- -~ Minor Collector Major Collector (two lane) ~` Major Collector (four lane) Minor Arterial (two or four lane) Major Arterial '~'~'.:~~~' Special Consideration Intersections 4/95' Lanes/ROW ORDINANCE 0-08-xxxx AN ORDINANCE AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF COLLEYVILLE, TEXAS, AND AUTHORIZING PUBLICATION, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council 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 Colleyvil-e at least 10 days before such hearing. Ordinance 0-08-xxxx Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Thoroughfare Plan adopted by Resolution R-98-1408 is hereby amended to incorporate the following changes: That the streets known as Lavaca Trail and Murphy Road, as designated on the attached Exhibit "A", are hereby added to the Master Thoroughfare Plan and shall be designated as Minor Collector Streets. 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 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. 5. 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. 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 2008. The second reading and public hearing being conducted on the day of 2008. Ordinance 0-08-xxxx Page 3 of 3 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT "A" r :~ Murphy. Road _.._ o CMF "T. , CT. _.... Cray of ~ ... ,r" ~~ ~' ;~ North` - -- s Richland 4~ .,, Nibs s~ea~Aa,Lv~,~I ~ ~a° . ~L ?y S ,.. '. 0 Lav ca Tray{ ~,zo U - `_ M ~ 'rte` 'Ji bYAU ~U u :r N (~„ z tt-: G • o! ~ City of Colleyville ColleyvilleaTexas 76034 (817) 503-1000 ~~°~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 03/24/2008 Agenda No.: 9a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1 B, Block 1 of the Tate Add Attachments: Location and Zoning Map Notification List Revised Statement of Planning Objectives Applicant's Response Development Review Committe Memo Revised Zoning Exhibit Revised Color Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 02/25/2008 Planning and Zoning Commission 1 03/24/2008 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1 B, Block 1 of the Tate Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case Z-08-008 Explanation Update The Planning and Zoning Commission tabled this request at the February 25, 2008 meeting. The applicant has submitted a revised conceptual site plan and statement of planning objectives that are attached to this briefing. The briefing below has been updated based upon the revised submittals from the applicant. Adam Buczek submitted a request to change the zoning of 18.2 acres, located at 1200 Murphy Road and 8600 and 8612 Precinct Line Road. The applicant is requesting to rezone the property from the AG-Agricultural and R40-Single Family Residential zoning districts to PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 67 single family residential City of Colleyville Page i Printed on 3/20/2008 Agenda Briefing Continued lots, three open space lots and one commercial lot. Existing Conditions. The property is currently developed as a single family residence. The home will be demolished upon approval of the rezoning request. All of the subject property is currently platted as three lots. In order to subdivide the property as proposed by the developer, approval of a replat will be required at a later date, upon approval of the rezoning request. Master Plan. The Future Land Use Plan designates the subject property for future retail and residential uses. Approximately 2.9 acres of land is designated for retail use. The portion designated for retail use is located along the southwestern portion of the property adjacent to Precinct Line Road. The remaining approximately 15.4 acres is designated for single family residential use. This rezoning request is consistent with the residential land use designation but does not comply with the retail land use designation. However, the applicant has added a 1.42 acre lot along Precinct Line Road that is proposed for CC2-Village Retail district uses. This leaves 1.4 acres that the Future Land Use Plan designates for future retail use as opposed to 2.9 acres prior to the applicant's revisions. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as smaller parcels that make less dense development economically difficult. The proposed development of 67 residential units on this 18.2 acre property will produce a density of 3.7 dwelling units per acre. However, the actual residential density is 4 dwelling units per acre if the proposed commercial lot is not calculated as part of the gross acreage. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The Cambridge Park development contains 38 dwelling units on 9 acres for a residential density of 4.2 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. The Villas of Colleyville development will contain 67 dwelling units on 19.8 acres for a residential density of 3.4 dwelling units per acre. 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 updated information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. The proposed lot sizes are as follows: 50 FOOT WIDE LOTS Minimum Lot Size Minimum Lot Width Minimum Lot Depth Front Yard Setabck Side Yard Setback Rear Yard Setback 5,000 s.f. 50 feet 100 feet 15 feet 3 feet & 7 feet, 10 feet or 5 feet on each side City of Colleyville Page 2 Printed on 3/20/2008 Agenda Briefing Continued 60 FOOT WIDE LOTS Minimum Lot Size Minimum Lot Width Minimum Lot Depth Front Yard Setabck Side Yard Setback Rear Yard Setback 6,600 s.f. 60 feet 110 feet 15 feet for swing garage, 20 feet for front facing garage 5 feet each side 10 feet Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed site plan for the development shows 20.3 percent of the total development as open space. The open space areas include a pond with a 6 foot concrete walking trail that meanders adjacent to the pond. A five (5) foot concrete sidewalk will link the large open space area on the northwest portion of the property to the 8 foot concrete pathway along Murphy Road. Other amenities include a gazebo near the pond and five picnic tables dispersed within the open space areas. The location of the features are depicted on the PUDR site plan (see attached copy). All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA). The PUDR regulations require open space areas adjacent to street rights-of-ways to be landscaped with one-three inch caliper tree per each 50 feet of street frontage. The applicant proposes to plant at least one 3-inch caliper tree per each 20 feet of right-of--way in the open space along Murphy Road. Retention Ponds. The current PUDR regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25 percent of the open space. The applicant states that the pond will not exceed this requirement. The PUDR regulations require a retention pond to include at least one aeration device, such as a fountain, water fall, etc. The applicant intends to install a fountain in the pond. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. According to the Colleyville Pathways Plan an 8-foot wide concrete trail is required to be built along Murphy Road as part of this development. The developer is constructing a 5-foot wide internal pathway network within the open space areas as amenities for the development. The internal pathway network will be constructed with concrete. The developer has indicated that the HOA will maintain the sidewalks and pathways within this development. Street Design Waiver. The applicant is requesting a waiver from the maximum amount of lots allowed on a cul-de-sac street. The Land Development Code prohibits more than 12 lots along a cul-de-sac street. The applicant is proposing 18 lots. These lots are indicated on the colored site plan. Because of the waiver, the applicant intends to install fire sprinkler systems in the 18 homes along the street in question. Staff, including the Fire Marshal, supports the waiver request contingent upon the installation of the sprinkler system in the homes, which the applicant has agreed to install. City of Colleyville Page 3 Printed on 3/20/2008 Agenda Briefin_g Continued Fences, Walls and Screening. The developer proposes to construct a 6-foot wrought iron fence along Murphy Road. A 6-foot wood fence is proposed to be built north and east property line of the development. A "living screen/split rail" fence is proposed for the southeastern portion of the development adjacent to the open space where it is visible from Precinct Line Road. Gated/Private Street Development. The developer has indicated that the proposed development, based upon market conditions, may be a gated/private street subdivision with the primary entrance to the development located on the west side of the development along Precinct Line Road. At time of platting, the developer would be required by Chapter 10-Private Streets and Entrance Gates of the Land Development Code to submit the necessary HOA documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. The developer has indicated a private gate detail scenario on the site plan in the case that the development were to be gated. Access. The development will have primary access on the west side of the development from Precinct Line Road and on the south side from Murphy Road. The Texas Department of Transportation (TxDOT) must approve the proposed street intersection onto Precinct Line Road. Surrounding Development Trends. The surrounding properties are single family residential and commercial uses. The properties to the north are located within the City of Keller and are developed as single family residences. Properties to the south are zoned R20-Single Family Residential and are developed as single family homes. Properties to the east are zoned PUDR-Planned Unit Development Residential and are currently being developed as part of The Reserve at Colleyville addition as a single family residential development. The properties to the west are located within the City of North Richland Hills and are developed as retail and light commercial uses. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon approval of the final plat for the property. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5-Tree Preservation of the Land Development Code. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be City of Colleyville Page 4 Printed on 3/20/2008 Agenda Briefing Continued submitted as part of the platting process. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 67 lot development would add approximately 641 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 19 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the rezoning request. Summary. Although the applicant added a 1.4 acre commercial lot, the proposed zoning change is not fully consistent with the Future Land Use Plan, which designates 2.9 acres located in the southwestern portion of the subject property for retail uses. The portion of Precinct Line Road located between McDonwell School Road and Davis Boulevard is primarily residential on the east side in Colleyville with retail located on the west side in North Richland Hills. This land use dichotomy presents an ideal situation for a transitional residential use. Transitional residential uses contain higher densities and are suitable for locations on the fringes of large commercial areas as they transition from an intense commercial use to a less intense, lower density residential use. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, staff has determined the location of the development is appropriate for this type of higher density residential development. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 5 Printed on 3/20/2008 Location and Zoning Map Notification List OWNER_NAME OWNER_ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Rp25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1016 Murphy Rd W Guthrie, Roger A Dr Etux Janic 1200 W Murphy Rd Colleyville TX 76034 1200 Murphy Rd W R 25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1014 Murph Rd W Rp25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1014 Murphy Rd W Ahhrrr Guthrie Family Lp 1200 W Murphy Rd Colleyville TX 76034 8612 Precinct Line Rd Rp25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1108 Murph Rd W Rp25 Development Lp 5216 Reims Ct Colleyville TX 76034 1100 Murphy Rd W Rp25 Development Lp 5216 Reims Ct Colleyville TX 76034 1106 Murphy Rd W Ahhrrr Guthrie Family Lp 1200 W Murph Rd Colleyville TX 76034 8600 Precinct Line Rd Quinby, Gary Etux Dawn 1212 W Murphy Rd Colle ille TX 76034 1212 Murphy Rd W Geronimo, Javier 6812 Curtis Rd Colle 'lle TX 76034 6812 Curtis Rd Neuwirth, Rickey J 6812 Herbert Rd Colleyville TX 76034 6812 Herbert Rd Colleyville, City Of 100 Main St Colleyville TX 76034 6812 Curtis Rd Robert, Edith Fay 6681 Montgomery Rd Midlothian TX 76065 6871 Curtis Rd McCann, Alvin L Etux Glenda S 1211 W Murphy Rd Colleyville TX 76034 1211 Murphy Rd W Hodges, Twila & Scott Meese 6808 Curtis Rd Colleyville TX 76034 6808 Curtis Rd Hodges, Kenneth J Est 6808 Curtis Rd Colleyvifle TX 76034 8508 Precinct Line Rd Crawford, Doris Alene 1057 McDaniel St Callisburg TX 76240 6808 Herbert Rd Figueroa, Ricardo J 8800 Kirk Ln North Richland Hills TX 76180 6809 Curtis Rd Adam Buczek 3838 Oak Lawn Ave. Suite 1212 Dallas TX 75219 applicant Public hearing notices were mailed on Feb. 14, 2008 by Amy Shelley Signature Revised Statement of Planning Objectives ~ 3838 Oak Lawn Avenue, Suite 1212 Dallas, TX 75219 C O M P A N Y Somerset Manor Applicant: Skorburg Company Statement of Planning Obiectives Our revised site plan now includes a 1.42 acre commercial pad off Precinct Line Road and the remaining acreage is planned for a master planned, high-quality single family patio home project that would include 36 lots with a typical lot size of 50' x 110' and 31 lots with a typical lot size of 60' x 120' for a total of 67 lots. The site consists of 18.2 gross acres, yielding a density of 3.67 homes per gross acre. Given the property's proximity to Precinct Line Road, Davis Boulevard, and the intense commercial development to the west, this property is an ideal transition zoning area situated between intense commercial /intersections on the one hand, and less dense residential development to the east and south on the other. Our site plan surrounds the commercial component with contiguous open space to buffer the residential component, and transitions from 50' wide lots to 60' wide lots (west to east) such that 60' wide lots border The Reserve development to the east. Densi The single family density has been reduced from 4.22 (77 lots) in our original submittal to 3.98 (not including commercial acreage). On a gross acreage basis (including the commercial area), our single family density is 3.67 homes per acre. Open Space: Net of the commercial acreage, our site plan provides 22% open space. The open space area preserves numerous beautiful trees, and provides the residential component a natural buffer from the commercial property and traffic to the west along Precinct Line Road, including the proposed 1.42 acre pad that is a component of this PUD-R. Any unpaved and/or landscaped area within the commercial pad would be additional open space above the 22% provided net of the commercial acreage. Somerset Manor Submittal March 10, 2008 Amenities: Amenities to be constructed by Developer and maintained by the homeowners' association include: - Detention /retention pond with a water feature (fountain) near the northwest corner of the property. - 6' wide concrete meandering trail around the pond in the approximate location as shown on our site plan 5' wide concrete trail in the approximate locations as shown on our site plan. The 5' wide trail will also connect to the 8' wide City Hike & Bike Trail along the southern edge of the property (north side of Murphy Drive) and is to be constructed by Developer. All trails will be maintained by the HOA with the exception of the 8' wide City Hike & Bike Trail. Instead, this section of trail will be dedicated by the Developer to the City of Colleyville. Five picnic tables in the approximate locations as shown on our site plan. One gazebo near the pond as shown on our site plan of comparable quality and size as depicted in our original submittal package. - The City's ordinance currently requires one 3" caliper tree be planted for every 50' of right-of--way frontage with an adjoining street. We will exceed this requirement by planting at least two trees of at least 3" caliper in size for every 20' of right-of-way along Murphy Drive. Commercial component: Currently, 2.899 acres (Block 1, Lot 1A and 1 B of the Tate Addition) of the property is zoned R-40; however, the City of Colleyville's Future Land Use 2025 Plan calls for this property to be commercial. Hence, we are requesting a change in zoning for this portion of the property as part of our proposed PUD-R to include a 1.42 acre commercial pad and the remaining acreage to be part of the residential component of the Somerset Manor PUD-R. We request the commercial component of this PUD-R conform to the standards of the CC2 Shopping Center zoning district. The 1.42 acre commercial pad is the southern half of the 2.899 acre commercial FLUP area. We believe the northern half of the 2.899 acre commercial FLUP Page 2 of 6 Somerset Manor Submittal March 10, 2008 area is best suited to be incorporated with the single family component for the following reasons: There is a water vault located at Precinct Line Road for which the City of North Richland Hills will require the edge of our proposed right-of-way for Guthrie Drive to be at least 10' south of the vault. Our proposed alignment of Guthrie Drive on this site plan maximizes the commercial area while meeting this requirement. The topography is extremely steep on the northern half of the 2.899 acre commercial FLUP area (north of Guthrie Drive). The amount of fill dirt needed to flatten a pad in this area would be untenable. In addition, the pad dimensions of a northern commercial component would be suitable to a very limited number of potential users, many of which would be undesirable to have backing up to high-quality villa homes. The amount of dirt that would be imported to create a pad north of Guthrie Drive would destroy all the trees in this area that could otherwise have been preserved and incorporated into a beautiful buffer zone for the residential component. The property to the west that lies between the property we are acquiring and Precinct Line Road is not in Colleyville, but in the City of North Richland Hills. Hence, a pad north of Guthrie Drive could only be accessed from Guthrie Drive. Furthermore, a pad site north of Guthrie Drive would have poor visibility from Precinct Line Road as it would sit well below the curb elevation of Precinct Line Road. We believe this site plan provides the optimal commercial use for this property and includes a pad that has sufficient depth and width to attract a quality tenant such as a nice sit-down restaurant or a full service bank. Gatin4 option: In our PUD-R, we are requesting the option to gate the community to provide security with private streets and private parks /greenbelts. Regardless of whether we decide to gate the community, the park /greenbelt space and trail within the subdivision would be maintained by the Homeowner's Association. The only portion of the trail system that would be dedicated to and maintained by the City would be the 8' wide city hike & bike trail to be located within the 15' landscape easement along the frontage with Murphy Drive (southern edge of the Page 3 of 6 Somerset Manor Submittal March 10, 2008 property). Our decision on whether or not to gate the community will depend upon the preferences of our builders. We have made sure that our site plan will comply with the City's gate design standards and requirements if we choose to gate the subdivision. Our site plan proposes a "resident & visitor entrance/exit" off of Guthrie Drive. This design provides access off Precinct Line Road that will not require people to wait in cue at a gate directly off Precinct Line Road. Sprinkled lots on cul-de-sac: Colleyville's Land Development Code (the "Code") encourages the use of cul-de- sacs. As such, we incorporated a cul-de-sac at the northern edge of our site plan, which is within the 600' length as stipulated by the Code. However, Section 6D of the Code also states that the maximum number of lots that can be served by a cul-de-sac is 12 lots. The cul-de-sac on our proposed site plan serves 18 lots. We request for this zoning that the development be required to sprinkle the lots served by this cul-de-sac, per the site plan, for added safety. Development Schedule The development of the property would commence immediately upon receipt of final construction plan approval from the City of Colleyville. We intend to develop the property in a single phase with the exception of the commercial pad, which will be held for investment to be developed at a later date. We anticipate commencement of construction within eight (8) months of obtaining preliminary plat approval from the City of Colleyville. The development of the property is expected to take six to nine months subject to events of force majeure (including inclement weather, acts of God, shortages of labor or materials, and delays caused by the City of Colleyville). Page 4 of 6 Somerset Manor Submittal March 10, 2008 Proposed Ownership Currently, the property is owned by Dr. Roger A. & Janice Guthrie. We intend to form a Texas limited partnership to purchase and develop the property upon receipt of zoning and preliminary plat approval from the City of Colleyville. Statement of Utility Provisions City utilities are available to the site as follows: Sanitary sewer: An existing eight (8) inch sanitary sewer line is located along the northern edge of Murphy Drive at the southern end of the Property. There is also an 8" sewer line in Bandit Trail to the north (which is City of Keller sewer). Based on a letter signed by Greg Dickens (Public Works Director for the City of Keller) dated January 17, 2008 which was included in our original submittal package, the City of Keller will consider an interlocal agreement if we provide a metering station. City staff has indicated that once zoning approval is obtained, they will help us with facilitating an interlocal agreement with the City of Keller. Water: There is an existing eight (8) inch water line along the Property's frontage with Precinct Line Road. There is also an existing eight (8) inch water line located along the south side of Murphy Road. Our proposed development will be served with a "loop" system from both of these water lines. Storm drainage: The parks and boulevards will provide the proper storm water detention on site with the drainage discharging at the northwest corner of the site into the drainage system being constructed by the Davis Boulevard Medical Center within the city limits of Keller. A preliminary drainage analysis was included with our original submittal package. Natural gas: Gas is available to the Property from Atmos Energy. Electricity: Electricity is available to the Property from both Tri-County Electric and Oncor. Page 5 of 6 Somerset Manor Submittal March 10, 2008 Economic Development Information Residential Component Total Number of Homes: 67 Estimated Home Sales per Year: 14-24 Projected Average House Value: $500,000 Total Projected Value (at build-out): $33,500,000 Projected Annual City Property Taxes (at build-out): $166,000 Commercial Component Pad Site Area: Approx. 1.42 acres Projected Value: TBD Projected Annual City Property Taxes (at build-out): TBD Traffic Impact Analvsis The proposed development will consist of sixty-seven (67) homes and is projected to have an average occupancy of two (2.5) residents. per house. The average vehicle trips per day is anticipated to be less than four (4) trips per resident per day. As such, the projected anticipated maximum number of vehicle trips per day is 670 (less than 1,000 vehicle trips per day). Page 6 of 6 Applicant's Response ~ 3838 Oak Lawn Avenue, Suite 1212 Dallas, TX 75219 C O M P A N Y February 14, 2008 Development Review Committee Attention: Mr. Ron Ruthven, Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Somerset Manor Response Letter to Development Review Committee ("DRC") comments Deaz Development Review Committee: Please accept this letter containing our response to the DRC comments received on February 6, 2008 pertaining to our proposed Somerset Manor project in Colleyville, Texas. Our responses to the DRC continents are in blue font. DRC Comment #1: Approval will be required from the Texas Department of Transportation (TxDOT) for the driveway approach onto Precinct Line Road. Submit a copy of the permit from TxDOT allowing the driveway approach onto Precinct Line Road If a permit cannot be readily obtained, submit an alternative site plan showing access from Murphy Road only. Response # 1: We are currently working with Chuck Humphries of TxDOT to obtain the department's approval for our site plan approach onto Precinct Line Road. Obtaining TxDOT's approval is a multi-month process, and requires full construction plans to be completed. Hence, we cannot obtain final approval until after caning and preliminary plat approval. We acknowledge that our site plan approval would be contingent upon receiving final approval from TxDOT for the driveway approach onto Precinct Line Road. DRC Comment #2: A minimum of 50 feet of right-of-way and 31 feet of pavement width is required for all proposed streets. Contact Jeremy Hutt, Project Engineer at 817-503-1094, for more information. ~snonse #2#2: We acknowledge and have incorporated a 50' ROW and 31' of pavement width (back to back) for all proposed streets with the only exception being Cannon Court (the slip street near the entrance from Murphy Drive). We respectfully request a variance for Cannon Court to allow 21' of pavement width (back-to-back) with parking allowed only on the east side of Cannon Court to ensure that all residences will be accessible at all times. DRC Comment #3: Indicate phase lines on the site plan. Response #3: We now intend to develop the property in a single phase. RECEIVE DEB ~~ :_~ Zr-~i :Per ....._........ Mr. Ron Ruthven February 14, 2008 Page 2 of 4 DRC Comment #4: Indicate the proposed setbacks for each lot on the site plan. esponse #4: We added two "typical building setback" exhibits at the lower left hand corner of ow site plan. Option A would allow for 3' & 7' side yard setbacks, and Option B would allow for 5' & 5' side yard setbacks. In addition, we added pad locations on fow lots (two lots of each type) on the site plan. At the direction of City Staff, we were advised this would be sufficient detail to address this comment. DRC Comment #5: Provide more specific details of open space amenities so that they may be incorporated into the proposed ordinance. Include a provision that states the homeowner's association will be responsible for maintenance of any amenities. Restwnse #5: We acknowledge that the homeowner's association will be responsible for the maintenance of all amenities within the proposed subdivision. Amenities to be constructed by Developer and maintained by the homeowners' association include: • Detention /retention pond with a water feature (fountain) neaz the northwest corner of the property • 6' wide concrete meandering trail around the pond in the approximate location as shown on ow site plan • 5' wide concrete trail in the approximate locations as shown on our site plan. The 5' wide trail will also connect to the 8' wide City Hike & Bdce Trail along the southern edge of the property (north side of Murphy Drive) and is to be constructed by Developer. All trails will be maintained by the HOA with the exception of the 8' wide City Hike & Bike Trail as this section of trail will be dedicated by the Developer to the City of Colleyville. • Five picnic tables in the approximate locations as shown on ow site plan. • One gazebo near the pond as shown on ow site plan of comparable quality and size as depicted in the pictures provided in ow submittal package. DRC Comment #6: What percentage of open space is being utilized for storm water drainage and detention? 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. Response ##6: Given we have fow acres of open space (22%), the maximum amount of common open space azea that can be used for storm water deteation or retention purposes cannot exceed one (1) acre. We have indicated this calculation on ow site plan within the pond area. Ow detention and retention space will be below this threshold. DRC Comment #7: Provide names for the proposed streets. The street names must be approved by the Fire Marshal. Contact Rob McKeown, Fire Marshal, 817-581-4591, for more information. Response #7: We have added the proposed street names to ow site plan, which we acknowledge is subject to City of Colieyville approval. ' Mr. Ron Ruthven February 14, 2008 Page 3 of 4 DRC Comments #8. #9. # 10: These comments were acknowledgment in nature from the DRC, and were as follows: 8. All on-site fire hydra,, streets, and street signs must be approved by the Fire Marshal. prior to , Contact lZab McI~eawn, 817.581-4591, Fire Marshall, far more information. 9. If the develaprr~ent is to be gated, street entrat~ceg and gates will be required to meet Chapter 10, Private Street and F.atzance Gates in the Land Develnt Code. 10. Note that unless otherwise prgwsed by the applicant, all subdivision standards and zoning regulatiom stated with the Land Development Code shall be applicable. Responses to #8 #9. #10: We agree to and acknowledge each of these comments from the DRC. Mr. Ron Ruthven February 14, 2008 Page 4 of 4 In addition to the aforementioned items discussed above, we acknowledge the following: PERMETER STREET MpttONEfIAENT3. Perimeter sd~eet ir-y~nv~eneeat fees ar+e due at the time of aPP of ~P~ for Murphy Rncul. Petimde<' suet improvenreats are required for the newly aeat~ad lot(s) since Murphy Road is considered an un~°ved shed. The devekrper's portion of the costs for ~ improvements may not excxd the amount that is roughly proportionate to the pr+ojecLad impact of the proposed devdopmeot, as ddernriraed by a professional enginoex, liornsed in rho State of Texas, and who is retained by the City of Colleyville. In makin8 the rough prcrportianality ddennination, oonsidoration shall be gives to the availability of adequate and minim~tmi levels of public fep7ities and accessibility m the site for the delivery of ~ services. IIrpACT FEES. Water, sewer and roadway ia~act fees are clue at the time a building permit is issued for a new stnrcture on a newly placed lot The foes lisbod below are ii~dod to provide gweral on the fees that could be assesaod fxx this projext. The ac~rral foe paid maybe ditTcearnt d8 upon the specific Plans for coashuction or other arrangemarCs provided for by a Cit~Developer Aug it(IADMIAY Fees ~ dweldr~g unit will be basal on s11VC~s FAAOL.Y DETAQILD HOt1SIIVG vacs. Ddails are available in GLapter 13 of Q-e Y.snd Devetopawit (.odG. ~~ Fees rosy vary. Actualfee depauds eawatermeter sme and/or if a new ~' is installed. g~ Fees may vary. Acsual foe depends an water rnR.t[r sine audler if a new mater is instal(td. 5 of the Land Development Cade, approval of a tree TRH SURVEY. As required by (~rapter survey and nntigation Plain shall be required prior m the isstrataoe of a Notice to Proceed let>ea 15i~ the F~omng DepaYbmart. The survey ~ P~ shall be drawn and aooocdmg Lo the ~ of Chapter' S of the Land Development Code. TREE PRESERI/ATION. Trues not located under the pad site must be pre~xved during const[uchon. Before won begin4 on the site, protective: fencang must be installed around all pre,served trees located outside the right-0f-way. The fe~ing must be located at the drip line of the preserved trees. The protective fencing may be c~ised of orange vir>y+l conshudion fencing, c;hairr )ink fence, eaosion control fencing, or other similar fencing. The fencing must remain in place dtrcing the entire canshuction period. PARKLAW DEDICA110N FEES: Parkland dedication fees arc assessed at the tiu~e of approval of the sabdivisioar plat The fee for resideafial develop®nemt is 51,802 per nearly ca~eatad lot SDEWAtJCS. Aecamding m the Colleyville Pathways Plan, a concede pathway is required along Muphy Read. The pathway mast be a minimum of eight (8) feet in width and installed prior to the aeoeptmoce of public impaoveme~ for this development We look forward to making Somerset Manor a beautiful, high quality residential addition to the City of Colleyville. Please call me at (817) 657-5548 if there are any questions or comments that need additional clarification. Sincerely~,j!~ Adam J. Buc Skorburg Company CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 6, 2008 TO ADAM BUCZEK FAX 817.522.7244 FROM Ron Ruthven, Development Coordinator SUBJECT Z-08-008 AG & R40 to PURR-1200 Murphy Rd. & 8600, 8612 Precinct Line Rd. The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Approval will be required from the Texas Department of Transportation (TxDOT) for the driveway approach onto Precinct Line Road. Submit a copy of the permit from TxDOT allowing the driveway approach onto Precinct Line Road. If a permit cannot be readily obtained, submit an alternative site plan showing access from Murphy Road only. 2. A minimum of 50 feet of right-of--way and 31 feet of pavement width is required for all proposed streets. Contact Jeremy Hutt, Project Engineer at 817.503.1094, for more information. 3. Indicate phase lines on the site plan. 4. Indicate the proposed setbacks for each lot on the site plan. Provide more specific details of open space amenities so that they may be incorporated into the proposed ordinance. Include a provision that states the home owners association will be responsible for maintenance of any amenities. 6. What percentage of open space is being utilized for storm water drainage and detention? 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. 7. Provide names for the proposed streets. The street names must be approved by the Fire Marshal. Contact Rob McKeown, Fire Marshal, 817.581-4591, for more information. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-008 MURPHY 8c PRECINCT LINE -AG $< R40 TO PURR 8. All on-site fire hydrants, streets, intersections and street signs must be approved by the Fire Marshal prior to construction. Contact Rob McKeown, 817.581-4591, Fire Marshall, for more information. 9. If the development is to be gated, street entrances and gates will be required to meet Chapter 10, Private Street and Entrance Gates in the Land Development Code. 10. Note that unless otherwise proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code shall be applicable. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Murphy Road. Perimeter street improvements are required for the newly created lot(s) since Murphy 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. 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 may be different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Fees per dwelling unit will be based on SINGLE FAMILY DETACI~D HOUSING uses. Details aze available in Chapter 13 of the Land Development Code. WATER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. SEWER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. TREE SURVEY. As required by Chapter 5 of the Land Development Code, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5 of the Land Development Code. TREE PRESERVATION. Trees not located 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 drip line 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. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-08-008 MURPHY 8c PRECINCT LINE -AG 8o R40 TO PURR 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 newly created lot. SIDEWALKS. According to the Colleyville Pathways Plan, a concrete pathway is required along Murphy Road. The pathway must be a minimum of eight (8) feet in width and installed prior to the acceptance of public improvements for this development. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, February 25, 2008, 7:00 p.m. City Council: Tuesday, March 11, 2008 and April 1, 2008, 7:30 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 revised exhibits; ^ 1 reduced copy (8.5x11) of the exhibits. The above requested items must be submitted no later than noon on Friday, February 15, 2008, in order to make the scheduled hearings. Please contact me at ruthvenr(a~ci.colleyville.tx.us or 817.503.1052 if you have any questions. PAGE 3 OF 3 Revised Zoning Exhibit w ~~ 0 Z D Q >~ L ~~ L ag L ~~ O ~ ~~ ~~ 0 s ~~~~~Bii aOMlRalT MANOR cou.~rv~~~~ Texws SITE PLAN Adams ENGINEERING E ;; ~~ ~ia~~~~b~~ ~a~a~~~~~ ~~~~ ~~~~p~#~~e ~ ~a~~~ ~~ $$ ~~p~~~~ ~ , ~~ t~ ~~~~ ~ a ~aae ~ d~ as ra~3 sG ~~a !5~`~k~~..~~~ ~ hd ~~'~;~~ ~I~~ll~I~~~~i ~Ei~p~{l ~r~l'~E ~~~~~7~~o~E ~#~~~~~! 07`~~(~ ~~~~~~iiiF# ~[~ a~~'~ ~ ~_ ~ 3~ ~~7 t~ qpl~ iL ~r~ 'rt ~7 ~ t ~~1 (il i[ ~=i ~il i~ lD; lit ~[i t~ [i ~~~ ~ii~ i~$ ~~~ ~~t~i! (~i:;! ~1 t~~{ 'ia ~~ ~ifi ~~~~~ y ~ t ~'gi ~dl si l~~i pt~i ~ l~ ~~ tr ~ ~~ al ~[ ~ i.~ ~ t(ai ~f~ ~ is ~• s 7 P ( !! ~i[ ~ i {~ i~ ~ t~yri ~~m~ `~~ m~~~~~ - 13- $ s~wA, ~~$s ~~ ~ ~~ N __ Revised Color Exhibit 50 Foot Wide Lots ,~ ,1 f Y:1 Zl5~iY 7lL L'+ttiYw: FAv Y~f-a+~'+Tey}~.-. r95 fd}:. ]17.i"i t'k'M.L ~ILN.i '.~.yy'1l11NO qI~l~~~~ 1R ~ q MFG n -. ... •~!~Wyl1yYV fw'yx~~w~i{iN T~ ~~i ~I M~ +~M,~ .. ~i t i ,S~a,y~~• ~ ~ * ~~ a fi K9 l~R" i~s +.~.~-~~ 1 . .ii ~as~vi*~,rv. rae«wr.a.-' S"...bL'c: 1'~ 1~~' w.+ax..r~+. ~eer-~.+.1'ar~an!N'w~ rrs., ..., rre~+, Jlla,.lr 60 Foot Wide Lots ~~ b+_~IZC~'' S, Chi ~.._e.. E~'GINEEIkII~C .•. ~ ~.:.wit r ...a r'n rge,..y-x~~-era ORDINANCE 0-08-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 18.2 ACRES ON LOT 1, BLOCK 1 OF THE RIVER VALLEY RANCH ADDITION AND LOTS 1A AND 1B, BLOCK 1 OF THE TATE ADDITION, FROM THE AG-AGRICULTURAL AND R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS TO THE 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-08-008; 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 Ordinance 0-08-X~CX Page 2 of 6 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 18.2 acres on Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 16, Block 1 of the Tate Addition, from the AG- Agricultural and R40-Single Family Residential zoning districts to the PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. 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 4.0 dwelling units per acre and one commercial lot. 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 Ordinance 0-08-X~(X Page 3 of 6 a. The subdivision shall be generally consistent with Exhibit "B" labeled conceptual site plan, which shall not be considered the preliminary plat. The actual street and lot arrangement 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, approved as a single phase, 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. Common open space areas c. All uses permitted in the CC2-Village Retail zoning district only on the property designated as commercial on Exhibit "B". 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "B", shall control where such building line setback is different from the following requirements. The locations of 50 foot wide lots versus 60 foot wide lots shall be determined per the attached Exhibit "C" labeled Color Exhibit. 50 Foot Wide Lots: a. Minimum Lot Size b. Minimum Lot Depth c. Minimum Lot Width d. Front Building Line e. Side Building Line f. Minimum Building Separation g. Side Building Line Along Street h. Rear Building Line 5,000 square feet 100 feet 50 feet 15 feet 5 feet, 3 feet or 7 feet 10 feet 10 feet 10 feet Ordinance 0-08-X~CX Page 4 of 6 60 Foot Wide Lots: a. Minimum Lot Size 6,600 square feet b. Minimum Lot Depth 110 feet c. Minimum Lot Wdth 60 feet d. Front Building Line 15 feet for swing garage; 20 feet for front facing garage e. Side Building Line 5 feet f. Minimum Building Separation 10 feet g. Side Building Line Along Street 10 feet h. Rear Building Line 10 feet 5. OPEN SPACE a. This development shall provide a minimum of 20.3% common open space, as shown on Exhibit "B", 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 amenities shall include a gazebo and five picnic tables to be located as shown in the attached Exhibit "B". c. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. 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 Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. This development may be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances of the Land Development Code. 7. SCREENING a. A six (6) foot tall wrought iron fence shall be constructed along the frontage of Murphy Road as depicted in the attached Exhibit "B". b. A living screen/split rail fence shall be built on the west property line as depicted in the attached Exhibit "B". Ordinance 0-08-~CXX Page 5 of 6 c. A six (6) foot tall wood fence shall be built along the north and east property lines as depicted in the attached Exhibit "B". d. One three-inch caliper tree per. each 20 feet of street frontage shall be planted in all open space areas along street frontages. 8. OTHER a. Retention ponds shall include at least one aeration device per pond. b. All homes built along Guthrie Court as well as homes built on lots 15 through 18 along Benjamin Way, as depicted in the attached Exhibit "B", shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. c. All street right-of-way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 50 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb. d. Any buildings constructed on the commercial lot shall meet all requirements for new commercial construction in the Land Development Code, except where amended herein. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-~CXX Page 6 of 6 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Zoning and Location Map Exhibit "B" -Conceptual Site Plan yry ~ g A N ~~ n~ R ~~ n O m p ' ~ U A 2S>~ °~' Cwft W ~ Qn ~ p ~~ P ~ ~~ ~ u ~ ~ ~ ~. r ~Q~ •~ ~ ~~ 1D o `nG ~ u~ city f Ksller ~ s,0. ~_,~,',~' MbNaaml Msr ~ tz' oRa ncc ~ unu FMaA csaT. ~,~, f•~UA riOAY~aa 1h/11~ twuar~reyagw rd89'23'~8"E 59.70' 40L -207, PG. 74 r~8 '11'18"E 31Li5' '~ "5~, `` a 4 a a ~.. f _ w. M pea Z ! ~{ b b ~o~ ~ ~ y \ Y E CO~ ~~ w ( t "~ i ~ A l \ y O p ~ 1 r9~i..ir"o ~\ ~ ~ w ~' ~ ~ \ ~. ~ ~ ~ w ~~ ~ al a mom IQ ~ ~ ~ ~ ~ t., ~ .ror a~ ~ 11 ~ METT i amp ~ ~ ~' 2 ~ ~ ~ ~p o r W ~y o~ N j R \\ N C J ~ C ~ ~ "~~ . V ~ fn ~ ~`~ , 11 "~ " 7 N ~ Ta! aaf y- ~ f \ 1 ` i Z f ~ ~ \ yM~ • 1 G ~ W i \ M M uw N ~! 1 aar lNlty ~aw~1 rn ((I ~IftlI FY10A f / s.~~ ~ '~ ~ t i \ •- atO ~aa ~r ' r\ V Vii' ~1 .- ra*r F O ! Salt Oa1a ° --2eo. la~s ~ ` { 1B Lr~Q~ FtlNMlll O ~ } l 1 t r, I 1216 .1' "ua - ,Y I / ~c / a $7 ~ j I f W ~ ~ I I ~ r a ; rAa~ n°°;• 1 u ~ N89'55'5~4"wt 278.38' ~ .nM.. z 1 ,0 GARY F„ OUtJ18Y ~ p V' ~ I „ 1 ~~ 40L 9259, G 1488 ~ ..«~. ' ~ I~alnwArwboa laws F~na a uw~ ~~ N .... t a~ ~ ~~ . 01 ~ I~MIc• 4 ~}A~ ~~ Y~N~C R ~ - ~ t awe ~ ~ R, /11f 1Yr alq A Jn mNn ~~ n ~. .- N is 1a N r ~I L! - F 1 11 ~ ~ ~ N ~ i CO C7 7 N I ~ r.~~ I ~7 C1 a _ ~ _ ~ Irk N Jw~ ~ } 1 l0 • ~~ a m •~ M a~ = T ors ~~ ~ ; O g~ c .i.r j ~ r : ~ T~~ C~r~ ~ ~ ~oa ~ iaw~ i c r~ 1 s ~ rrar ~ J `z' J ~~ i I fi .aa+. ~ i ~ a ~a - b ~ b uwr » ,a a u \M "Mk I "/M~ MI1M 'B __ __J `_______~ dC MMYFMCA w~ bAnl ~~° µ N89'S9 54 W 7 41. _ eiji ~~ ~ MU HY OR14E Loned (~' ~-p-~r1 ~ ~ _ ~~ (Aif1ALT PAYNgj Exhibit "C" -Color Exhibit 50 Foot Wide Lots i' ~ F. b~ met 60 Foot ~~~ ~~ Wide Lots a~~ LEGEND w. arto r . .~.o.. "'~'~ ~,,~ .° :~~ "~!9g.. 18.26 AC pact MARCH 5, 2008 ~~ -.~ GRAPHIC SCALE 9Ad ams e ~ ENGI NEERING SCALE: P = 100' o,.o.M.,. uar o~_ „n •nono..o a«oK. .... ..m. w: ,sw . ®o..,.M„oe.. ice, 100 Main Street ~ ~~ ~ ~''~~ C ~ ty ~f C o ~ ~ eyV ~ ~ ~ e Coll (817) 03X1000 034 ~~=~~- Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 03/24/2008 Agenda No.: 9b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a telecommunications tower on Tract 1A of Abstract 1077 and Tract 5A1 A of Abstract 339 of the L.L. McLain Survey located at 3816 Bedford Court, Case Z-08-010 Attachments: Location and Zoning Map Notification List Development Statement • Development Review Committee Memo Applicant's Response Documents Provided by Applicant Updated Site Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 03/10/2008 Planning and Zoning Commission 1 03/24/2008 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a telecommunications tower on Tract 1A of Abstract 1077 and Tract 5A1A of Abstract 339 of the L.L. McLain Survey located at 3816 Bedford Court, Case Z-08-010 Explanation Update The Planning and Zoning Commission tabled this request at the March 10, 2008 meeting. The applicant has submitted a revised conceptual site plan that is attached to this briefing. The briefing below has been updated based upon the revised submittals from the applicant. Verizon Wireless, represented by Peter Kavanagh, has submitted an application for a Special Use Permit (SUP) to construct a telecommunications tower located at 3816 Bedford Court. The proposed height of the tower will be 100 feet. Attached is a tower elevation drawing that shows the construction details of the proposed tower. The major concern communicated by the Commission was the proximity of the tower to residential dwellings in the City of Bedford. The applicant has met with Verizon Wireless and the property owner and both have agreed to allow the telecommunications tower to be City of Colleyville Page 1 Printed on 3/20/2008 Agenda Briefing Continued relocated approximately 100 feet due west of the original tower location. The tower will now be located in the north central portion of the property, approximately 150 feet from the property line and a city limits boundary with the City of Bedford. Access to the tower will be via the existing gravel road, which is part of Bedford Court. The applicant has also agreed to withdraw his waiver requests for parking and landscaping and to comply with those provisions per the Land Development Code. Residential District Waiver. Regulations for cellular towers are contained in Chapter 3 of the Land Development Code, which states that the construction must be of a monopole design and the distance between the base of the tower and any agricultural or residential zoning district shall not be less than two times the height of the tower. Therefore, given the 100 foot height of the tower, it is required to be 200 feet from a residential or agricultural zoning district. The applicant requests that this requirement be waived as the subject property is zoned AG-Agricultural district and the base of the tower will be approximately 70 feet from an R40-Single Family Residential district. The nearest residential dwelling in Colleyville is approximately 250 feet from the proposed tower and the nearest residential structure in Bedford is approximately 210 feet from the proposed tower. Safety Lighting. Per the Federal Aviation Administration lighting requirements, the proposed telecommunications tower will not require safety lighting. Federal Aviation Administration guidelines state that towers under 200 feet in height do not have to meet obstruction lighting requirements, unless located within a designated aviation glide slope area, which is not applicable to the subject property. Surrounding Zoning and Development. The property to the north, is zoned CC1-Vilage Retail and developed as retail. The property to the west is zoned R40-Single Family Residential and developed with a single family residence. The adjacent property to the south is zoned AG-Agricultural and is vacant. The properties to the east are located within the City of Bedford and developed as single family residences. Public Notification. Staff notified 7 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters in response to this request. Summary. The proposed location of the telecommunications tower is located 250 feet from the closest residential structure in the City of Colleyville. As the applicant has made an effort to better situate the tower per the request of the Planning and Zoning Commission and as he has agreed to provide the required parking and landscaping per the Land Development Code, staff supports approval of this SUP. Recommendation Approval City of Colleyville Page 2 Printed on 3/20/2008 Location and Zoning Map r~~~ ~ .~- ~ - - ~. ~ : ~~1~r, A t ~ ,ti- ~ ,•~" ,..~~~ 1 ~~ ~- < ` I / \, I ~ 7 I 1 ~ l \ 1 P p , 1` r .~ ~_ __ ; ~-- ~~a T- ~es ~, `"`~~~ o ~ r ~ - PUDC ~ ~~ - ~ -{- ~~ __~ ,' SITE `'~~~-_ ~-~`~ 1 ~ ~ 1 ~ ~ ' " R 0~- _ -. ~,.6 ~_ -__- - - _ _ -- ',~ ~ CITY OF ~ ~ BEDFORD ~~ ~ ~ i Notification List OWNER OWNER OWNER OWNER_NAME OWNER_ADDR CITY STATE ZIP SITUS_ADDR Hurst Jaws 1 Ltd Etal 9130 Jollyville Rd Ste 175 Austin TX 78759 1101 Cheek Sparger Rd Covenant Christian Academy 4800 Bill Simmons Rd Colleyville TX 76034 3906 Bedford Ct Wolfe, Kevin & Larry Chatham 4800 Bill Simmons Rd Colleyville TX 76034 3900 Bedford Ct Werst, Harry A 3808 Wayne Dr Colleyville TX 76034 3900 Bedford Ct Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 3816 Bedford Ct Bedford Ct, Tr 1 B, A- Chatham, Larry K Etal 4413 Bowman Dr Colleyville TX 76034 1077 & Tr 5A1 B, A-339 Aymond, Gary 3804 Bedford Ct Colleyville TX 76034 3804 Bedford Ct Peter Kavanagh, applicant 1620 Handley Drive Dallas TX 75208 applicant Public hearing notices were mailed on Thursday, Feb. 28, 2008 by Amy Shelley Signature DEVELOPMENT STATEMENT Verizon Wireless is leasing 1,200 square feet (0.0275 ac) from CCDCW, L.P., the owners of the property. The property is currently vacant and zoned as Agricultural. This property and lease area is located behind the shopping center that fronts on Cheek-Sparger Road and is not visible from the street. In the lease area, V erizon proposes to locate a 100 foot stealth telecommunications tower and its equipment shelter. The height of the tower allows up to three (3) more providers to collocate here and eliminates the need to build more towers in the immediate area. Section 3.24.B (h) in the Land Development Code states that telecommunication towers shall not be closer than two (2) times the height of the tower to the Agricultural or Residential districts, landscaping is required, as is a paved parking space. Verizon Wireless is asking for these three (3) requirements to be waived because the lease area is located inside the Agricultural district and near the Residential district, which are both owned by the same property owner. Landscaping at the base of the tower would not be visible and the Verizon Wireless technicians can park on the gravel access road agreed upon between Verizon and the property owner. DEVELOPMENT SCHEDULE Verizon Wireless expects to start construction on May 1, 2008 and finish 45 days later on June 15, 2008. There are no stages or phases to this development. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COl~iIMITTEE DATE February 19, 2008 TO PETER KAVANAUGH FAX 214.941.5259 FROM Justin Bass, Planner SUBJECT Z-08-010 Special Use Permit for a Cell Tower The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response From the Applicant: I . Is it possible to relocate the tower to a more central location on the proposed property? 2. Correct the spelling of Bedford Court throughout the development packet. The tower appears to be close to 100 feet from residences located in Bedford. Verify the distances from the nearest residences. 4. Darken the vicinity map to show more detail. 5. How many towers are proposed for the site? 6. What is the maximum height proposed for the tower? 7. Can aesthetic modifications be made to the monopole, such as design and color? If so, provide a brief summary of possible options. 8. Will this building remain on the property? If so, show the building footprint along with distances from the front and side property boundaries and the distance from the lease space where the telecommunication tower is proposed to be located. 9. If the Special Use Permit request is approved, the property shall be subject to the general provisions of the AG-Agricultural zoning district and any conditions imposed by the Planning and Zoning Commission and City Council. 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-010 SUP FOR CELL TOWER - BEDFORD CT. Staff recommends that the Land Development Code parking and landscaping requirements not be waived due to possible future development on adjacent properties. RESUBMITTAL REQUIREMENTS 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 revised exhibit; The above requested items must be submitted no later than Friday, February 29, 2008. This item will not be scheduled for a public hearing for consideration until the items mentioned above are addressed. Please contact me at 817-503-1055 or bassj(a~ci.colleyville.tx.us if you have any questions. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, March 10, 2008, 7:00 p.m. City Council: Tuesday, April 1, 2008 and April 15, 2008, 7:30 p.m. Please contact me at bassj(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 Applicant's Response ZONE SYSTEMS, INC. February 22, 2008 Mr. Justin Bass City of Colleyville RE: Z-08-010 Special Use Permit for a Cell Tower Verizon Little Bear Creek Dear IVir. Bass: This letter is in response to the comments 1 received from you concerning zoning case number Z- 08-010. The property owner and Verizon Wireless prefer to keep the proposed tower where it is because according to future plans, there will be a parking lot on this properly and using the current location for the tower will put in the corner of the lot. There is one (1) tower proposed for this site that will have a maximum height of 100 feet. The tower should already be aesthetically pleasing because the design is that of a flag pole with no flag. Verizon Wireless will paint it a gray color to blend into the horizon. The equipment building will remain for the duration of the life of the tower. This building is necessary for the cellular antennas to properly operate. The engineer is currently working on making changes to the spelling of Bedford Court, showing distances between the tower and residences, darkening the vicinity map, and showing distances relative to the site area, property lines, building footprint, and tower location. This property is one of a number of nearby properties that will be combined to crease the Covenant Christian Academy campus. The subject property will be used for parking on the campus. The site will be surrounded with aneight-foot wrought iron fence. Parking and landscaping will be completed at the time of the future development so we feel it should be waived for this project. 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ORDINANCE 0-08-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON TRACTS 1A AND 5A1A OF THE LL MCLAIN SURVEY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. Z-08-010; 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 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-XXXX Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a cellular tower on Tracts 1 A and 5A1 A of the LL McLain Survey, as depicted on the Zoning and Location Map, attached as Exhibit "A", and described in the Legal Description, attached as Exhibit "6". Sec. 3. THAT the above described tract of land shown on Exhibit "B" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The location of the tower and all telecommunication ground equipment shall be situated within the boundaries of the site as shown on the Site Plan, attached as Exhibit "C". b. The site shall be limited to one tower structure. c. The tower height shall not exceed 100 feet. d. Any alterations to the exterior of the tower shall require approval by City Council e. Any exterior lighting shall require approval by City Council. f. The tower shall be consistent with. the Tower Elevation Drawings, attached as Exhibit "D". g. The tower exterior shall be of a gray hue. h. The tower shall meet all the requirements of the Land Development Code, except where amended herein. Ordinance 0-08-X~CX Page 3 of 3 Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 tract of land situated in the L.L. McClain Survey, Abstract No. 1077 and being out of and a portion of that certain tract of land conveyed to CCDCW, LP by General Warranty Deed with dated November 20, 2006 and recorded in Document No. D206375923, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at '/2" iron rod found at the southeast corner of the Harry Allan Werst and Helen Jane Werst tract, said tract being recorded in Volume 6367, Pager 841, Deed Records, Tarrant County, Texas; THENCE along the east boundary line of the said Harry Allan Werst and Helen Jane Werst tract, same being the west line of said CCDCW, LP tract, North 00 degrees 08 minutes 01 seconds East, a distance of 304.86 feet to a Point of the northwest corner of the said CCDCW, LP tract, from which a '/2° iron rod found for the northeast corner of said Werst tract bears North 00 degrees 05 minutes 56 seconds East, a distance of 21.80 feet; THENCE along the north boundary line of the said CCDCW, LP tract, North 89 degrees 47 minutes 35 seconds East, a distance of 168.76 feet to a 5/8" iron rod set with cap marked "WEBB-4125" and the POINT OF BEGINNING hereof; THENCE continuing along the said north boundary line, North 89 degrees 47 minutes 35 seconds East, a distance of 30.00 feet to a 5/8" iron rod set with cap marked "WEBB-4125"; THENCE through the interior of the said CCDCW, LP tract the following three (3) courses: 1. South 00 degrees 12 minutes 25 seconds East, a distance of 40.00 feet to a 5/8" iron rod set with cap marked "WEBB-4125"; 2. South 89 degrees 47 minutes 35 seconds West, a distance of 30.00 feet to a 5/8" iron rod set with cap marked "WEBB-4125"; 3. North 00 degrees 12 minutes 25 seconds West, a distance of 40.00 feet to the POINT OF BEGINNING hereof and containing 0.0275 acres or 1,200 square feet of land, more or less. ~~ _ .. __ ~~ ~. r~. 3 ~~ t ' 1 i ~ {jFj[i ~ 9 € ~~ '}~} '~~~ ~` ~ t ~ € ~ s ~ ,. ~..--r-- ~ ~ -~- .-~: . _ _ ~ _ _~_ __ _ _, ,~~ ___e __ ~~ ~~~~ t~ ~ a _q.._~ ~-: _ ~ ~.;~.~Y ~~; .~-~= --~ - - ~ Exhibit D -Tower Elevation Drawings ~- rw: pao M7IDi111E r~ae roLe- ~~~~ FOR M IACUNi1NC FM]4N78, MCDFL MJ1+~J:. ~11hff, TTQ.. r ~ . .. __~.. ~ Rrf1 9?"-U' AN1~Y1 I t ~ IIdUN9N(U t~.li~ Tb1MFYt LEf11FlCA~i1DN: r 711E711E TQMIF]! i'7'PE JWD HE761if f'WOR TO OPDERylO ~ OR OONSfRUCi1NG THE 7fl11ER ilt11E ~ 7 ~11ppp1fTRA~IpR 70 C01>pLY ~ ~ 7x1111 ALL fOG A110 AUt ROBl~tilOMi Ml T1MS PAfJJE3Cf ~,~ ~i ~~~ ~I 3 TF~ 81IE Q-R?4br11DN !i A #7?1E16U1?ki10N OF 811E MID ~ . ~~ w~ml oi~ ~ICr~r-+r~ b ~ lr~t z4 17~R hiM1UF11C1URER'R 8 srm~ta~olaa Fale oRDttaor~o of Tor, ~ +~ io71c>lr aF taveR ~ cows 1M6. Cpp~uau>E 7Hla~>ta L£SEfE bD178TRUGTION 91ROMSON ~' l><s9EE OJl 1y1i0tICMT rIOIV ~ 7i41rEZC SLY ~{{~ YE'IF1! FlUVhrE IEI.CI~ Bf7D< ao ~.~ _ . ~_ 9quIPoCE /YOU%O