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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/13/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni ~nlla~niilla ~nrrl ~ ;~ti t~, ,_- ,,. Ji~~,t~ Meeting Agenda Monday, July 13, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~ ~ City of Colleyville City Hall '`?~;~ f. 100 Main Street ~~~~~~~'~~~' Colleyville, Texas 76034 ~ Meeting Agenda 817.503.1000 `"~''~ www.colleyville.com Planning and Zoning Commission Monday, July 13, 2009 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 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Phelps 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 26, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for Lot 2, Block 1 of Crook-Womeldorf Addition located at 4808 Patterson Lane, Case PC09-008 7b Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 City of Colleyville Page 1 Printed on 7/9/2009 Planning and Zoning Commission Meeting Agenda July 13, 2009 8. A~JOUR1~IIA~NT I hereby rtify the on Thurs y, July 9, agenda was posted on the bulletin boards at City Hall by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 7/9/2009 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~A /IA IIA/ n~ll~~i~iil/n ~n-~s-f I~-I%--: ~i ...__ fir ,~ ~~~~.~ Minutes -Draft Tuesday, May 26, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ' Cit of Colle ville City Hall ~+-s'~... Y Y 100 Main Street F '~~~ ~i~' `' Colleyville, Texas 76034 ~ M I n Ut@S -Draft 817.503.1000 r:..,, www.colleyville.com Planning and Zoning Commission Tuesday, May 26, 2009 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 7:00 P.M.- REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 26, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Ron Rotthaus Staff Present: Ron Ruthven, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Redfearn moved to approve the May 11, 2009 meeting minutes with the correction to delete the "?" in paragraph 3. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus City of Colleyville Page 1 Printed on 6/1/2009 Planning and Zoning Commission Minutes -Draft May 26, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:03 p.m. Bruce Scasta, the applicant and developer for Mady Development, came forward to present the case and brief the Commissioners. Cindy Lamply, resident in Heritage Oaks, came forward and stated the developer has not brought the bylaws for the Homeowner's Association forward as an amendment. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Redfearn questioned staff regarding if the plat meets the requirements of the original ordinance? Ron Ruthven replied yes it does comply with the PUDR ordinance that governs the development. Commissioner Redfearn moved to approve case PC09-007. Commissioner Byerly seconded. Commissioner Phelps questioned staff regarding at what time does the Homeowner's restrictions need to be met? Commissioner Byerly stated that issue is a private issue between the developer and the homeowners. Ron Ruthven concurred and stated those bylaws are private and the City therefore has no governing rights over them. Commissioner Byerly stated the approval of the plat is an administerial act and if it meets all of the requirements of the ordinance, the Commission is bound by law to approve it. He stated it is rare to have a public hearing for a plat, but for a replat, there is a public hearing. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 7b Approval of a Special Use Permit for a carport on Lot 15, Block 2, Jewel Estates Addition located at 1104 Emerald Court, Case ZC09-006 City of Colleyville Page 2 Printed on 6/1/2009 Planning and Zoning Commission Minutes -Draft May 26, 2009 Commissioner Byerly opened the public hearing at 7:10 p.m. Jerry David, the applicant and builder, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. David regarding if there are any plans to enclose the structure? Mr. David replied not at this time. There being no one wishing to speak, the public hearing was closed at 7:10 p.m. Commissioner Dudziak moved to re-open case ZC09-006 to hear an additional speaker. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus Commissioner Byerly opened the public hearing at 7:11 p.m. H.L. Merril, 1106 Emerald Ct, spoke in favor of the request and stated they have built a very nice house. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Phelps moved to approve case ZC09-006. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus 8. ADJOURNMENT The meeting adjourned at 7:12 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 21, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 6/1/2009 ~° ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 "`~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 07/13/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat for Lot 2, Block 1 of Crook-Womeldorf Addition located at 4808 Patterson Lane, Case PC09-008 Attachments: Location and Zoning Map Aerial Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 07/13/2009 Planning and Zoning Commission Title Approval of a replat for Lot 2, Block 1 of Crook-Womeldorf Addition located at 4808 Patterson Lane, Case PC09-008 Explanation David Womeldorf and Robin Crook have submitted a replat for 2.3-acres located on the east side of Bill Simmons Road and on the west side of Patterson Lane. The plat will subdivide Lot 2, Block 1 of the Crook-Womeldorf Addition into 3 lots. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. Zoning. The properties are zoned R20-Single Family Residential. The properties meet the minimum lot size and width requirements of the R20 zoning district. Existing Conditions. The existing house located on Lot 2R will remain. Sidewalks and Trails. Lot 3R is subject to the provisions of the Land Development Code, which requires construction of a 4-foot wide sidewalk adjacent to Patterson Lane. Lot 4R is subject to the provisions of the Land Development Code which has the escrow option for a 4-foot sidewalk adjacent to Bill Simmons Road. The developer is required to construct the sidewalk as part of the public improvements for this property. Lot 2R is exempt from the general sidewalk requirements as it has an existing house located on the property. Parkland Dedication. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee only applies to the City of Colleyville Page 1 Printed on 7/10/2009 Agenda Briefing Continued newly created lots (3R and 4R) and must be paid before the plat is recorded with the County Clerks Office. The lot with the existing residential dwelling is exempt from this requirement. Tree Preservation. Trees not located within the building footprint(s) 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. 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The applicant is seeking the zoning change in order to expand the existing private school at 715 and 901 Cheek Sparger Road. Existing Conditions. The subject properties are currently platted as six lots. 715 and 901 Cheek Sparger Road are currently developed as Colleyville Presbyterian Church and Covenant Christian Academy and are zoned PUDC-Planned Unit Development Commercial. 3805 Wayne Drive and 909 Cheek Sparger are currently developed as single family homes. 3809 and 3815 Wayne Drive are vacant lots. All lots adjacent to Wayne Drive are currently zoned R40-Single Family Residential. The existing residences are City of Colleyville Page 1 Prinfed on 7/10/2009 Agenda Briefing Continued proposed to be demolished as part of the development of the private school. Existing PUD Requirements. The applicant proposes to repeal the existing PUDC zoning on the property approved as Ordinances 0-99-1139 and 0-06-1602. Ordinance 0-99-1139 permits the use of a church and private elementary and secondary school on the property as well as incidental athletic and recreational uses and any uses accessory to the school and church uses. Ordinance 0-06-1602 amended the site plan approved under 0-99-1139 by allowing atwo-story, 33,899 square foot school building contingent upon the removal of all portable buildings from the property and the completion of a traffic impact analysis. Thus, the draft ordinance repeals the previous two PUD ordinances for the property and resets the zoning of the subject properties to the current PUDC request. Permitted Uses. The applicant requests the following permitted uses: Church, private elementary, secondary and high school. All other uses such as the athletic stadium and multi-purpose facility will be incidental and accessory to the principal uses of the school and church. Therefore, no commercial activity may take place on the property nor may any facilities be utilized or leased for private amateur or professional athletic leagues not associated with the school. Proposed Development. The applicant proposes to add four new buildings and an athletic stadium to the existing elementary and secondary school campus which consists of two buildings and four portable structures. Maximum enrollment will consist of 600 students - 200 high school students and 400 elementary and secondary school students. The proposed new buildings include the following: - 48,000 square foot high school - 6,000 square foot library - 19,000 square foot multi-purpose building - 28,200 square foot grade school and administration buildings The proposed athletic stadium would provide bleachers on both sides of the field with enough seating to accommodate 400 spectators. Building Design. The applicant proposes to build one and two story buildings and has provided proposed building elevations. These elevations have been added to the draft ordinance. Development Schedule. The applicant proposes four phases of development based on the buildings shown on the site plan: Phase 1-Grade School/Administration/Library Construction (begin immediately and finish in 15 months) Phase 2- Multi-Purpose Facility Construction (No completion date established) Phase 3- Athletic Field and Stadium (No Completion date established) Phase 4- High School (No Completion date established). City of Colleyville Page 2 Printed on 7/10/2009 Agenda Briefing Continued Staff recommends that phase 3 and phase 4 shown above require the approval of a detailed site and building elevation plan by the City Council prior to construction. Replat Requirement. Upon approval of this PUDC, the applicant will be required to replat the residential properties currently zoned R40-Single Family Residential into the existing school parcel. Removal of Portable Buildings. Upon the issuance of the certificate of occupancy of the completion of phase 1 buildings, the applicant proposes to remove the remaining four portable buildings from the property. Staff recommends that, if no building permit has been requested for phase one construction as of September 1, 2010, that all portable buildings must be removed from the property no later than September 30, 2010. This provision has been added to the draft ordinance. Parking and Access. The applicant intends to provide 200 parking spaces with an additional 30 spaces to be provided upon completion of the athletic stadium. The proposed parking meets the minimum requirements of the Land Development Code. However, staff recommends that, in order to ensure the availability of adequate parking, athletic events can only be held on the campus when school is not in session. This provision has been added to the draft ordinance. The campus will be accessed by a continuous 24 foot wide fire lane linking Cheek Sparger Road to Wayne Drive. According to the site plan, three driveways currently access Cheek Sparger Road. Two additional driveways are proposed along Wayne Drive. Traffic Impact. The developer is not required to provide a Traffic Impact Analysis (TIA), 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. Private Schools (K-12) are expected to generate 0.92 trips per morning per student and 0.62 trips per afternoon per student, on average. Based on these averages, a 600 student private school (K-12) would add approximately 936 vehicle trips per day to the surrounding roadways. However, as required by Ordinance 0-06-1602, a TIA was completed by Lee Engineering in 2007. The recommendations of the TIA included adding a center turn lane to Cheek Sparger Road in front of the school. This requirement was completed in 2008. Staff agrees that no new TIA is necessary for the current proposal. Wayne Drive Improvements. Barring any future City/Developer agreements, in lieu of any perimeter street fees, the applicant proposes to improve the western half of Wayne Drive where it is adjacent to the proposed development, which would include 15.5 foot curb and gutter street from the existing centerline. Stadium and Lighting. The applicant proposes to construct four (4) 70 foot tall stadium lights around the proposed athletic stadium. Staff recommends that all lighting be directed City of Colleyville Page 3 Printed on 7/10/2009 Agenda Briefing Continued away from residential areas with a minimum of 0.5foot-candle illumination as measured at the property line. Master Plan. The Future Land Use Plan designates the portion of the subject property currently utilized for a private school for institutional uses. However, the portion that is currently zoned R40-Single Family Residential is designated for single family residential uses. Therefore, the rezoning request is not entirely consistent with the Future Land Use Plan. Open Space. The Land Development Code requires that the development provide a minimum of 20 percent open space. The proposed site plan for the development provides for 60 percent open space. The open space areas include two ponds which will be located along Wayne Drive along with a playground that will be built adjacent to the grade school and administration building. Retention Ponds. The applicant plans to provide two detention ponds for the development. The Land Development Code requires each pond to include at least one aeration device. The applicant intends to install a fountain in each pond. Drainage and Stormwater Runoff. The developer has submitted a preliminary 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 submitted as part of the platting and building permit process. Sidewalks and Trails. Sidewalks are required to be constructed along Cheek Sparger Road at the time the school is constructed. According to the Land Development Code a 5-foot wide concrete sidewalk is required to be built along Cheek Sparger Road as part of this development. Staff recommends that this 5-foot wide sidewalk be extended west along Cheek Sparger Road in front of the existing school to fill in sections of the sidewalk. The developer will also be required to construct a 4-foot wide concrete sidewalk along the entire length of the Covenant Christian Academy frontage on Wayne Drive. This provision has been added to the draft ordinance. Fences, Walls and Screening. The applicant proposes to utilize the current fence six (6) foot wood fence along the western portion of the development for screening. Staff recommends that, instead of utilizing the existing wood fence, an eight (8) foot wood or masonry screening fence be constructed along the western boundary of the development adjacent to Lots 19 through 26 of the Camelot Estates Addition in the City of Bedford and adjacent to 3709 Wayne Drive prior to the issuance of a certificate of occupancy for the phase one buildings. This provision has been added to the draft ordinance. Landscaping and Buffering. The applicant proposes to provide one minimum three (3) inch caliper tree per every 40 feet of street frontage and one five (5) gallon shrub per every five (5) feet of street frontage along Cheek Sparger Road and Wayne Drive. The applicant also proposes to provide a 20 foot landscape buffer along the entire western property line City of Colleyville Page 4 Printed on 7H0/2009 Agenda Briefing Continued adjacent to the City of Bedford. Staff recommends that a 20 foot landscape buffer be added next to 3709 Wayne Drive as well. Additionally staff recommends that the landscape buffers contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. In the case of the buffer located along the western property line, the plantings would not be required until the athletic stadium is built. The buffer next to 3709 Wayne Drive would be planted prior to the completion of the phase one construction. These provisions have been added to the draft ordinance. 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 submittal of a building permit for any new structure. 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 school. Fee Waiver Requests. The applicant is requesting waivers to impact fees and any tree mitigation requirements. Staff recommends that any requests for relief from these fees be addressed separately from this PUDC request and follow the variance procedures prescribed in the Land Development Code. Surrounding Development Trends. The surrounding properties represent a variety of uses. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed as single family homes. Properties to the west are zoned CC1-Village Retail and are developed as offices in Colleyville while properties in Bedford are zoned and developed as single family homes. The properties to the east are zoned R-40-Single Family Residential and are developed as a single family homes or are vacant. Properties to south are developed as single family residences and are primarily located within the City of Bedford. Public Notification. Staff mailed notices to 24 adjacent property owners and a courtesy notice was sent to the City of Bedford 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 11 letters of opposition from residents of the City of Bedford. Summary. Given the proposed educational uses, the proposed zoning change is not completely consistent with the Future Land Use Plan, as a portion of the subject properties is designated for single family uses. However, the Land Development Code allows educational uses within residential areas through the issuance of a special use permit. Staff recommends that, given the potential neighborhood impacts of the athletic stadium and the high school, the third and fourth phases of the project be allowed only through the additional submittal of a detailed site and building elevation plan to be approved at the discretion of the City Council. City of Colleyville Page 5 Printed on 7/10/2009 Agenda Briefing Continued Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 6 Printed on 7/10/2009 Location and Zoning Map ~ 4002 P U D 4t)DO 603 q AGa°Q3 Sit@ 903 905 907 9009 1003 o ~ 4 ~ ,~~ 9DD CHEEK SPARGER RD ~~. .. 399fi ``~ .~ ..• 909 5 % 3908 7 S ~!~ ~ j t ~ ~~r ~ ~y J R-' 3895 r ~ ,. i i x r ~ F R = .wi _) _ 38'16 ry S~(: ~~~ ~ R20 ~, ~ a t ,: ,~ ~~ :: ~ >~~ =~ ; ~~} 3809 t : _ ~~ -,:. ti= 3805 i TM~ " 379s AG ~S y:~! _ rig .. I ~ ~ kr:~ 7 J -~.y.-' :t- 3709 ` ~ 3708 '-~ # ~ S' Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Saddlebrook H/O Assoc Inc PO Box 382 Colleyville TX 76034 004003 Brown Tr Mining, James Etux Linda 4006 Southwood W Colleyville TX 76034 004006 Southwood W Ramse , Paul A Etux C nthia A 603 Summertree Ct Colle ille TX 76034 000603 Summertree Ct Bell, Michael E Etux Ellen K 1001 Inwood Ln Colleyville TX 76034 001001 Inwood Ln Reid, Terry Bryant 907 Inwood Ln Colleyville TX 76034 000907 Inwood Ln Colon, Robert Etux Sarail 4004 Southwood W Colleyville TX 76034 004004 Southwood W Copp, Michael K 803 Inwood Ln Colleyville TX 76034 000803 Inwood Ln Colby, Susan L Shi p, J D Jr Etux Sandra L 4001 Mockingbird Ln 901 Inwood Ln Colleyville Cotle ville TX TX 76034 76034 004001 Mockingbird Ln 000901 Inwood Ln Harrin ton, Paul F Etux Suzann 4000 Southwood W Colle ille TX 76034 004000 Southwood W Kelly, Deborah R 905 Inwood Ln Colleyville TX 76034 000905 Inwood Ln Jones, Gregory G Etux Michelle 903 Inwood Ln Colleyville TX 76034 000903 Inwood Ln Share, Sandrea Donna 4002 Southwood W Colleyville TX 76034 004002 Southwood W Whiteley, Kenneth C Etux Fran 601 Summertree Ct Colleyville TX 76034 000601 Summertree Ct Kirkland, Richard T 4000 Mockin bird Ln Colleyville TX 76034 004000 Mockin bird Ln Ccdcw Lp 9301 N Central Exp Ste 300 Dallas TX 75231 003916 Wa ne Dr Goodin, Judy Etvir Phillippe Colleyville Cov Christian Aca Presbyterian Church America Heather Ridge Development Llc Read, Re inald III Etux Susan 909 Cheek Sparger Rd 715 Cheek Sparger Rd 715 Cheek Sparger Rd 609 Cheek Sparger Rd 7709 Davis Blvd Colleyville Colleyville Colleyville Colle 'lle North Richland Hills TX TX TX TX TX 76034 76034 76034 76034 76180 000909 Cheek Sparger Rd 000901 Cheek Sparger Rd 000715 Cheek Sparger Rd 000609 Cheek Sparger Rd 000611 Cheek S ar er Rd Ccdcw Lp 9301 N Central Exp Ste 300 Dallas TX 75231 003908 Wa ne Dr Colleyville Cov Christian Acad Ccdcw Lp Covenant Christian Academy Ccdcw Lp Covenant Christian Academy 901 Cheek Sparger Rd 9301 N Central Expy Ste 300 901 Cheek Spar er Rd 9301 N Central Expy Ste 300 901 Cheek Sparger Rd Colleyville Dallas Colleyville Dallas Colle ville TX TX TX TX TX 76034 75231 76034 75231 76034 003815 Wayne Dr 003816 Wayne Dr 003809 Wayne Dr 003808 Wayne Dr 003805 Wa ne Dr Ccdcw Lp 9301 N Central Exp Ste 300 Dallas TX 75231 003716 Wa ne Dr Stale ,Bob 3709 Wa ne Dr Colle ille TX 76034 003709 Wa ne Dr Ccdccw Lp Ciiy of Bedford 9301 N Central Expy Ste 300 2000 Forest Ridge Dallas Bedford TX TX 75231 76021 003708 Wayne Dr courtesy notice Public notices were mailed on Friday, June 26, 2009 by Amy Shelley. Signature Letters of Opposition L)A~1~#: COMMUNITY DEVELOPMENT DEFARTMENT CITY OF COLLEYVILL E 1001viAIN STRI~:ET COLLEYVILLE,'I'EXAS 76034 RE: ZONING CASF. #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGrR RD AND 3805, 3$09 AND 3815 WAYNE DR. COLLEYVILLE, TX .DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZOMNG CHANCE .REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROFOSED IN THE ABOVE REFERENCED CASE. SINCERELY, 5i nature (Prope caner} ' ~ ~• ~~ Printed me ~~ e ~.~ . Z--~ Printed Nam Property Address: ~ ~~ ( ~~ l ~l~J ~, _ __~ . ~~ J U L 0 8 2009 Di SIC ..'_raRl Lewis and Joan Bass ~1 Brestol Court West Bedford, Texas 7601 Community Development Department City of Colleyville 100 Main Street Colleyville, Tx. 76034 Re: Zoning Case Number: ZC09-004 Application: Keith Squires Location: 715,901,909 Cheek Sparger Rd. and 3805, 3809 and 3815 Wayne Drive Property Description: Lots 1-4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition Present Zoning: R40-Single Family Residential and PUDC-Planned Unit Development Commercial Requested Zoning: PUDC-Planned Unit Deveiopment Commercial Please note that we object to this rezoning of property. This is for the following reasons: Wayne Drive has already become a problem. The traffic is horrible when the school begins and when it lets out. We are elderly, our son has MS and legally blind, Mr. Bass is an amputee and has just completed radiation and chemotherapy for cancer. We value our quiet neighborhood. Children are noisy and should have that right, but not at the expense of others. 1 can imagine what Wayne Drive will become with the addition of the school. We are not the only elderly people on Brestol Court West. This school will back upon four other residences that are older people. Have some consideration for the elderly. We have worked all our lives for what we have and should be able to enjoy the fruits of our labor in peace. Please reconsider the rezoning of this area. Why not build toward Brown Trail where there is commercial property now and would not interfere with residential property. We have the right to enjoy our twilight years. RE~EIVE~ aUL 4 6 2009 Qet ...,_,,,... DATE: '~ ~, - 0 g COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LII~ TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, Signature perty~lO/wn r) !1 ~ h~ ber~v S l .!`1 Q,~g~ Printed Name .__~ Signature (Property Owner) R~~~,~Y~, ~ c~~ Printed Name Property Address: . ~(~'o~ / ~nX 17D ~~Ok) ___- ~~d ~~d. fix. ~76az ,C:~'~'l JUL 0 7 2009 TY OF Ci:i.LtYVILL JILDING DEPARTM Page 1 of 1 Amy Shelley From: Ron Ruthven Sent: Friday, July 10, 2009 11:29 AM To: Amy Shelley Subject: FW: Written Protest to ZC09-004 From: Erin Burchfield T Sent: Friday, July 10, 2009 11:16 AM To: Ron Ruthven; bsyblon@cl.bedford.tx.us Subject: Written Protest to ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. This is my written protest to ZC09-004 I would like to point out that the exit routes through Bedford residential streets will adversely impact Harwood Terrace addition property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Erin Burchfield 3640 Spring Grove Bedford, TX '76021 DaVita Inc. 7/10/2009 Page 1 of 1 Amy Shelley From: Ron Ruthven Sent: Friday, July 10, 2009 7:38 AM To: Amy Shelley Subject: FW: Protest of ZC09-004 From: scarlett burch~eld Sent: Thursday, July 09, 2009 11;27 PM To: Ron Ruthven Cc: bsyblon@ci.bedford.tx.us Subject: Protest of ZC09-004 RE: ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. This is my written rotest to ZC09-004 I would like to point out that the exit routes through Bedford residential streets will adversely impact Harwood Terrace addition property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Scarlett Burchfield, MLS, AHIP 3640 Spring Grove Bedford, TX 76021 7/ 10/2009 Page 1 of 1 Amy Shelley From: Ron Ruthven Sent: Friday, July 10, 2009 7:39 AM To: Amy Shelley Subject: FW: Written protest to ZC09-004 From: Peggy McDonald Sent: Thursday, July 09, 2009 11;52 PM To: Ron Ruthven Cc: bsyblon@ci.bedford.tx.us Subject: Written protest to ZC09-004 Dear Mr. Ruthven, It has come to my attention that the Covenant Christian Academy is seeking: Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots !, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 90l and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 I have been informed that this zoning change will allow an expansion for Covenant Christian Academy consisting of 6 new buildings, and an athletic stadium with planned exit routes that will affect the Harwood Terrace addition for Bedford residents. This is my written protest to ZC09-004 I would like to point out that the exit routes through Bedford residential streets will adversely impact Bedford property values. In addition, the increased traffic will affect the existing infrastructure of residential streets and pose a safety hazard for our children and residents. Sincerely, Peggy McDonald 2205 Nottingham Bedford, TX 76021 7/l 0/2009 ~~. ~. t'I_',PJ'l'It)N 1~I',~t.iT~~t~~:~iiti iN CASE YOU DID NOT KNOW, CC)LLI;YVILLIs COVENANT CIIRIS'1'tAN ACADF-,MY IS RIaQUES'I'ING A 7.ONING CHANGE ON `!'HEIR PROPER"IY(S) . I GUESS "PHIS IS TtTE? FIRST' S'fIP OF THI~ BUILDING PLAN Si !OWN t)N T'HE3 A'I'I'ACHE.D BLUEPRIN°C. PROPERTIES WITHIN 200 FEET WERE NOTIFIED BY THE CITY OF COLLEYVILLE VIA 'I'I-IE CITY OF BEDFORb OF TitE PROPOSED CHANGE, IiOWEVER, I FELT LIKE THE i'ROPER'I'iES INCLOSE PRUXEMiTY SIHOtJL[) ALSO EiE NOTIFIED OF THE RtQUEST. I DON'T KNOW YET' WHAT ALL THEY HAVE PLANNED, IiU`I' T'ElE FIRST THING; MY IiUSBAND AND i NO'TICED FROM THE BLITEPR(NT WAS TFIE MENTION OF (4) 70' STADNM LIGHTS ON THEIR ATHL)~TIC FIELDD. PERSONALLY, WE; HAD COME'I'O TERMS WITH THE SCI-i00L'S EXPANSION AS WAS APPROVED IN 2007, WHICH INCLUDED AN UN-LIT ATHLETIC FIELD. HOWEVER, 'i HIS iS SOMEWHA'T DIFFEREN'I'- WE DO NOT WANT OUR PROPERTY VALt.JE DIMINISHED- PRIMARILY I3Y TOWERING LIGHTS BUT ALSO BY INCREASED NOISE, fi~(:T1V ('I'Y AND TRAFFIC~~tIGI iT AROUND "I'HE CORNER. O'I'IIER:S OF YOIJ MAY IIA`1J' YQ~JR OWN ISSUES W[T'II THIS J'IZOPOSED SITE Pi_,AN. ~~ I WOULI3 LIKE'1'O FIND OU1' MORE Ak3OUT ~1T Ids.". ,I`i-iE'~ ARE .PLANING, i3U'i' JUS`T' WANTED `I'O ENCOURAGE ANYONI WIIC) J-IAS AN INI"CAI., PROTE~'I' TO THIS RLQUES'T, `I'O Fli.E IT ASAP. "I'IIAT WAY WE NAVE OFFICIAT.LY ItI;GISTEItED OUR DISI'IITE ANt~ `I' MAY MAKE IT MORE DIFFICULT FOR 'I"lily SCI I()t)L, `!'C INSTILL `I'i-II/Scs CI {ANGIJS I`I-JAT MEGA"I'IVI.LY AFFEC"I' OUR PROT'EI~'T'TS. RISIDFN'I'S t)I+! `{:}IE C:}LI.EYVJLI.F; `I't1X I:OLLS ARE T}iI C)NES OEFICALLY COUNT El) AS PRt)TIiSTS, I I3ELIEVI;; i tOWI;V I;R, J3E3)FORD LE'I"I'JRS SUR1=, C~;t~~~,^, x ?i IR^'. AS FAR AS !KNOW, ALI, IT' `T'AKES IS A BASIC WRl'€"I'E;N STAT'EMENT' SAYING'CJIA`T' Y{JU PROTE5"C"I'HE T'RUPOSED LONINtI CIE IAC~U3/ I"'OK ~+Dl°d;~+I~: CASE #ZGfJ9--flii4 MAILED OR DELIVERED PRIOR'I'O `I'HE IjTRS"[' PUBLIC HEARING t)N JULY t3T" TO: COMMUNITY DEVELOPMENT llEPAR'~MI;N`I' CI"T'Y OF COLLEYVILLI; 300 MAIN S"E'IZEE!' COLI~EVYIi~LE, TX 7~tI3~# IF' J CAN HELP IN ANY WAY, PLEASE; LI:T ME KNC)W. II~ YOU WOULD LIKE TO BE INVOLVED IN A COMMUNI'T'Y GROUP TO DISCUSS "fkilS ISSUE, PLEASE EMAIL ME A`I' ~~c~t~iri~*hhr>rs a shc~.~.lc,b~t.~ic-t ANT) I WILL "CRY 'I'O ORGAN[IE A EMAIL LIST TO SHARE INFORMATION. T DC)N'"h RE:AI,LY WANT T'O I~IGIIJ~' WI`I'II't HC SC.E{UOL, I3U'I' WI; HAVE "ft) PROTEC'T' UUR PRt)PI:R1.Y `lALUES-FSPF,CIALI.Y IN TIMES ST.JCII AS "T'IIESE. 'J'TIANI4S POR YOUff Ht~LI'! GARY AND SHELLEYLAK 382I FOX FIOLLOW t~R. P~,EASE B"Lr~.lbI "I'O A~`RNH) T1C->I~ I'Ui3LIC ~IEAIti1V0:~? ~ ~. ~„~ ~lD-y~~b roX Q L ~ d v/ ~x~ ~~,~~ r ex ~4 ~3 ~~~ DATE: ~"~ ly `7, a©o ~ CONIMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZCA9-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P 8c Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED I1V THE ABOVE REFERENCED CASE. SINCERELY, ~~~ Signature (Property Owner) ~jQra~1 l 1 i 5.~~~r1 Printed Name Signature (Property Owner) Property Address• ~ g l3 f"yX o ~ ~o~J ~~ . ~~=~~. ~~ 7~~ai EIV ~u~ 1 o Zoos CITY Qf C01'_~EYVILLE BY BUILDING DEPARTMENT Printed Name DATE: ~//O~I~I COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 RE: ZONING CASE #ZC09-004 REQUESTED BY KEITH SQUIRES LOCATION: 715, 901-AND 909 CHEEKSPARGER RD AND 3805, 3809 AND 3815 WAYNE DR. COLLEYVILLE, TX DEAR P & Z COMMISSION: AFTER RECEIVING NOTICE OF THE ZONING CHANGE REQUEST AND ATTACHED SITE PLAN, I WOULD LIKE TO PROTEST THE ZONING CHANGE/SITE PLAN PROPOSED IN THE ABOVE REFERENCED CASE. SINCERELY, c Signature (Property Owner) Printed Name Signature (Property Owner) Printed Name Property Address: ~~8 ZS ~x ~ /lb (,C~~ Y! 1/~ ~~~r~ ~~ rT~DZ / July 8, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 We protest the proposed zoning change for Zoning Case #ZC09-004. John & Karen Baker 916 Brestol Court W Bedford, TX 76021 Community Development Department for the City of Colleyville, REF # ZC09-004 As a neighbor to Covenant Christian Academy my family is continually impacted by changes at this school. I live at the corner of Harwood Terrace and Wayne which means the increased traffic exiting the proposed expansion can come down Wayne Dr. and cut through Harwood Terrace as an alternate route instead of entering from and dispersing to Cheek-Sparger. This is a HUGE problem. Already there are increasing problems trying to exit my home in the morning due to the traffic, including buses coming down the road. I have had my fence and landscape numerously run into from traffic ignoring the speed limit and stop signs currently in place. I have filed police reports to the city of Bedford on occasion. Our neighborhood should not become a thoroughfare for the convenience of this school. With these new exit routes it will only get worse as people become more familiar with "our wonderful little shortcut." Already there have been days were the loud speakers from outdoor events at the school sound like they are in my back yard. Public events held on their expanded property will only increase the frequency of this issue. On top on it all now they are proposing four 70 foot tower stadium lights. All of our yards and homes to the south of this project will be encroached upon with light pollution. We have been good neighbors to Bedford Heights Elementary and have dealt with increased traffic during school times. We have done the same with the increased traffic on Cheek-Sparger due to Covenant Christian Academy. However bringing this into our neighborhood day aad night is simply not acceptable. There are many families who will not benefit from the increased traffic, noise and light intrusion being proposed. I respectfully hope you will respond to our concerns regarding REF # ZC09-004 Pat Haigler 929 Harwood Terr. Bedford Tx 76021 RECEIVED JUL l 0 2oas Pec ............. Statement of Planning Objectives ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA - COLLEYVILLE, TEXAS The property for which this proposed zoning is to occur is located at the southwest corner of Cheek Sparger Road and Wayne Drive. The overall 17.6734 acre piece of property is comprised of numerous individual lots zoned for both PUD-C and R-40 uses (see attached legal description). It is the intent of this zoning application to redact the current zoning for the property and rezone the property into one zoning classification (PUD-C) to be used primarily for church and educational use as described below: PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any accessory uses incidental and secondary to the allowed principal uses. STATEMENT OF PLANNING OBJECTIVES Covenant Christian Academy is a highly respected educational institute serving students in and around Colleyville since 1972. The objective of this PUD-C request is to move forward improving the Physical Plant so as to better serve the students and faculty within our school with improvements in our academic, athletic and recreational facilities. Grade school classrooms are planned with the appropriate recreational areas appropriate to grade levels. Athletic field improvements are also included to promote on campus training, practice and game facilities for our school teams as well as outreach opportunities for serving assorted local clubs and associations. Athletic field shall be lighted for nighttime use. Finally, a future high school building and an enclosed multi- purpose facility is planned as part of our long-term goals. Upon grant of the zoning change requested herein, it is anticipated that the main Property Owners (Covenant Christian Academy - "CCA") will immediately move forward with a replat request (the replat may proceed concurrent with zoning request). The existing PUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain timeframe. Two of the portable buildings have already been removed in accordance with current PUD requirements. This request will incorporate that condition into our PUD-C. Construction of the three (3) grade school buildings will begin almost immediately (Phase 1). These initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings are not on CCA-owned property and are located outside of the area of our PUD-C request, the removal of those buildings is herein represented as a condition of our request. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 1 Realize that the proposed development of this property is planned to provide an improved learning atmosphere for the existing student base including a library, computer lab, dedicated art studio, music room, and science lab. The development is not intended to accommodate an influx of additional students in excess of the current enrollment. Per the Site Plan, the number of students that attend CCA is not expected to significantly increase upon project completion. Presbyterian Church in America -Colleyville, Texas ("Colleyville Presbyterian") was the entity that started CCA. The school became independent of the church in 1999. CCA has been in operation for many years and has been a good neighbor and citizen in the City of Colleyville. Numerous residents of the community have contributed vast amounts of time and monetary resources to further this private school. CCA owns the majority of the property along the west side of Wayne Drive with the exception of Lots 1 and Lot 5 (Southgate Addition, Block 3). Lot 1 is currently under contract to CCA and is a part of this PUD. The original 10 acre portion of CCA property was purchased with the anticipation of the construction of school facilities on the Property. This zoning change is necessitated as a result of the City's zoning ordinance which does not allow additional construction of educational facilities on the CCA property without approving a new PD Development. The City's zoning ordinance was instituted just after the original property was purchased. The use of the Property has long been planned and has been existent for a number of years. The requested change is therefore consistent with the existing use of the Property. Conversion of the existing Property of CCA into its proposed use is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City of Colleyville. City of Bedford residential neighborhoods are located to the west and south of this development. The athletic field and treed area on the southern portion of the property (trees to remain) serve as a buffer to these residential areas and are certainly compatible with adjoining uses. The existing athletic field will remain in approximately the same location, thus having little additional effect on the neighbors in Bedford. These same areas will also easily satisfy any requirements for open space with might be associated with this zoning request. The area east of Wayne Drive, across the street from this Property, is comprised of vacant land zoned for Agricultural use and two remaining residential homes (zoned R-40). The Saddlebrook Subdivision is located north of this property across Cheek Sparger Road (zoned PUD-R). Prior zoning changes (PUD's) on this property attempted to satisfy CCA requirements, but contained numerous concessions requested by adjoining property owners. Since the most recent PUD-C, CCA has acquired additional properties along Wayne Drive, thus eliminating all but one of the prior adjacent property owners. This PUD-C addresses the rezoning of the recently acquired and original CCA and Colleyville Presbyterian property as well as those that are to be acquired (Lot 1). DEVELOPMENT SCHEDULE The stages and phases of development are planned as follows: ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 2 Phase 1 - Grade School Construction (begin immediately and finish in approximately 15 months) Phase 2 - Multi-Purpose Facility Construction (no completion date established) Phase 3 - Athletic Field (no completion date established) Phase 4 - High School (no completion date established) * Realize that much of the timing of construction will be dependent on fund raising activities. The Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change other than the fact that Lot 1 is expected to be acquired by CCA contingent upon zoning approval. STATEMENT OF UTILITIES/INFRASTRUCTURE TO BE PROVIDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to all of the Property. The attached preliminary engineering drawings detail the proposed water, sewer and drainage infrastructure that will be constructed to accommodate the proposed development of this property. Required easements for all utilities around and on the Site either already exist or will be provided by Plat or separate instrument as necessary. Regarding roadway infrastructure, CCA intends to improve Wayne Drive for its entire length up to just south of the first driveway entrance (approximately 625 Linear feet). This will be a City regulation street (30' f-f width) with 4' standard sidewalk along the west parkway. Based on conversations with City Staff, we realize that we would be required to construct our half of the required 30' City street section for our entire frontage along Wayne Drive (or pay perimeter street fees). What we have proposed is 625 feet of the full street section while our frontage is only 1,100 feet. Recent improvements to Cheek Sparger Road have already been made by CCA as required by the earlier PUD-C. IMPACT FEES: Granting of this request will not introduce additional students to this location. The classrooms in Phase 1 will replace the existing classrooms currently located in the Portable Buildings. No net increase in impact will be felt from these improvements as we are simply relocating existing students into the new, larger classroom and appropriate educational spaces. By this application we are requesting following consideration and adjustment on the applicable impact fees: ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 3 1) Roadway Impact and Perimeter Street Fees: Full impact fee credit allowed for the amount of road way improvement both to Wayne Drive as illustrated in this request as well as the previous substantial improvements along Cheeksparger Drive. We request that the required street and sidewalk construction be limited to what is shown on our Site/Concept Plan and related engineering plans. 2) Parkland Dedication Fees (if any apply): Full impact fee credit shall be allowed for the playground/recreational areas and the athletic field improvements contained within this request. 3) Water and Sanitary Sewer (Builder) Impact Fees: Full impact fee credit shall be allowed for the installation of the new 8" water line along the full length of property along Wayne Drive. This water line is replacing an existing 2" water line. Again, the impact from the introduction of these new classroom buildings will be totally offset by the elimination of the impact now present with the portable classroom buildings to be removed from site. 4) Tree Mitigation Fees: Full tree mitigation fee credit shall be allowed mainly due to the effort taken to preserve the majority of the existing trees located at the southwest corner of the property. Over 90% of the existing trees on the overall property are to be retained. This instrument is attached to an incorporated into the zoning application signed by the Property Owners and their representative. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 4 N O ~=tt¢y?` QxS Q~hr ~ ins ~ ~ ~~ E~ g~~aF~ ~~ ~~ ~ ~ERQ~ V~ F --~ ,_ ~b~ i ~---_ I ~---- I i ~------ 1----- ~ j ~ ----- i -_i~ ~ -- i ~J ~~~ ee 8 r~~r AF~~~~~ ° ~ ~~s ~¢ ~~ ~~ o~ a ~ ~ ~~® 6ID~' 8 -~ ~ } ... ; t ' - . i ` 3 ~ ` ~ ;.: ~ { _ GtTY OF GEDFORD i i i i ---~ 46'12 E - 00' o~~v§~ a~~~ ~ d ~~~ ~~_---- ~g' ~~ ,I ~~~~Fa ~1PA~ ~- ~~~~ --- ~ ~~ ~ s~~ I ~~~ ~ I ~~~~o ,. ~----- I ~~~§ ~ ~ ,~.~ I ~~~~ a ~_ ~ Imo I ~N ------ ~~~ ~~ I ~$~s~g ~~~~o ------ ~F~~~.. <~~~~ ~~~~~ ORDINANCE 0-99-1139 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 14.79 ACRES OUT OF THE A. CHRISTIAN SURVEY, ABSTRACT 339, TRACT 4, 4A2, AND 4A, AND LOT 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION OF THE CITY OF COLLEYVILLE, TEXAS, FROM THE AG (AGRICULTURAL) DISTRICT WITH SPECIAL USE PERMIT FOR PRIMARY AND SECONDARY SCHOOLS AND R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL); PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by John Lynch, agent for Presbyterian Church in America, on November 13, 1998 under Case No. Z- 98-047; 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, the Planning and Zoning Commission and the City Council have determined that the proposed planned unit development as presented herein is consistent with the goals and objectives of the Master Plan of the City of Colleyville, Texas; and, WHEREAS, public hearings to change the zoning on the property herein described were held before both 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 Qrdinance and is in the best interest of the citizens of the City of Colfeyville; 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 (as indicated on Exhibit A) are hereby Ordinance 0-99-1139 Page 2•of 10 amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds on the attached Exhibit B, by changing the zoning of said property from Agricultural with a Special Use Permit and R-40 Single Family Residential to PUD-C (Planned Unit Development -- Commercial) together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the City Council which are incorporated herein by reference including, but not limited to the conceptual site plan which is attached as Exhibit C to this ordinance and the statement of planning objectives which is attached as Exhibit D to this ordinance. A combination landscaping and durable non-wooden fence similar to that shown on Exhibit E shall be constructed adjacent to the common property line between this planned unit development and the residential property to the east where indicated on the attached site plan Exhibit C. Sec. 2. THAT the zoning regulations of the City of Colleyville shall remain applicable to this development except where specifically provided for in this ordinance. Sec. 3. 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 and accompanying official Zoning Map thereto 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. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of 1999. ' T e second reading and public hearing being conducted on the ~~' day of ~Q 1 99. 9 ~ST: CITY OF COLLEYVILLE Q/~itv,/ i Harris, CMC ichard ewton Secretary Mayor Ordinance 0-99-1139 Page. 3.of 10 APPROVED AS TO FORM AND ~- Ross T. Foste City Attorney ~s--~. i ~ ~'( ~ 1 1 1 ~i ~ t~sy .. ~~ a _ _ ~.1 N a Q• • n MM ~ s fl . 1• d a • ~ • s s • s N f ~ • •+ ~ p • s • • s • • • i ~ 1~ A~ • M q •f N N A li M • , ~ w / t • 11I 1• 1.7~~1 f w ~ N 71 w nl w f • • • N r N S 1 • s • •' • 7 • • ' ~ • "• ~ • • r 1w u sla.u..,..a•~sla.u•awa.+N.swislrasv,su..n. aawsaw N • M wM / ' • JrN J~1•i • ^ ~ , p ® ~ • 1 K 1 ~ 1 1 i ~ M a • . ~ a r s a s f• s ~•• 1 ~, ]tt r w • w • • ^ Ir • r s s s s. w • i~ • ~~ • s ~ w ~N • • ~ • • ~•« s a ~ w . • s a f' .~wwiis = a a a • . « s ~„ y • s w w r w a w w s ~ _ www~ If ~ ' ! ~MAra 1r ~ w • ~ wNMS w • 1 ! a• ! • f • • •• w V N /• M -fit w ^ • i M ,• • ~ N 1 a a• s• f n 1i q N r N d w r a ~~ • • w • • fAfif YI w • •i!• ~•1• • M i ~~ w yw~ w w r l w ff • w • w N ` ~ i i •• i i w • •1 w s w •1 N • w N q tl • • >/ tl w' a> f • >• • • • ~ w X11 R 1 >• i y, • a s ' 1 ~ r~ .wt ~ •• s s i w i~ a. s a at s w• s •I s •• s • r w a •r s s r ~ ~ • s s 1 ~• . s . s • ~ . • • s . . 1 • s • • i• w s w w f. w . * . N ~ faf~ Yt r i t r • IQ • •• t o • w w N s ^ s • w ~ ~ • N i N • A i ~ M • w s N • i q S • f q ! N s w s w a „ • w w • is » w • • w r i , N ~ „ w i • r • • w • • • N • i ~ • N • N • • w • • • K fl • w • • a • w • w w ' . N t . q ~ . N R ' • ' _ . . p 1 , . s a . •f s a 1 ~1 f • • w w 1 " N q w • • 1 1 • 1• • w • N ^ w • • • • i w •• N 7 w1^ • tl • 1 1 ! i • • • f • N q q •i • ~ • • fits tl 1 r 1 f 1 • • 11TH ~ q p • • w w • 7 • • I• 1 . • - ~~/--~- r__' ! - f 7 • • • 1 ^ t t • 1 • • • 1 ~ • 1• M N 1• N M 1 0~-118 Exhibit "A" COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA 715 CHEEK SPARGER COLLEYVILLE, TEXAS LEGAL DESCRIPTION Being a trail of land situated in the A. Christian Survey, Abstract No. 339, Tarrant Cotmry, Texas, and being more particularly described follows: Beginning at a point by deed call being in the north line of said A. Christian Survey, 1113 feet west of the northeast comer, said point also by deed call being in the center line of Cheek- Sparger Road; "thence South 89 degrees 5$ minutes 23 seconds f ast, along said north line of A. Christian Survey and center line of Cheek-Sparger Rid. 239.53 feet do a poirrt, said point being the nortfn+vest comer of a tract of land de~scxibed in a deed to Gary L .Cantrell, recorded in Volume 8198, Page 2005, Daeid Raoards Tarrant County T~sxas; Ttnence South 89 degrees 58 minutes 23 seconds East, abng the north tine of said Cantrell tract, 108.17 feet bo a point, said point being the northeast comer of said Cantrell trail; Thence South 1 degree 38 minutes 7 seconds East, along the easfieriy tine of said Cantrell trail, 354.99 feet to a point. said point being the southeast comer of said Cantrell tract, said point also being in the west tine of Lot 1. Bock 3, Southgate Addition, an addition to the City of Colleyvilie as shown on a plat recorded in Volume 388-42, Page 89, Plat Records Tarrant County Texas; Thence South 01 degree 38 minutes West ,along West line of Block 3, Southgate Addition: 989.70 feet to s point, said point being the southwest comer of Lot 5, Block 3, of said Southgate Addition, said point also being in the earth tine of a tract described in a deed ro Northeast Construdion Company, recorded in Volume 6292, Page 118, Deed Records Tarrant County Texas; Thence North 88 degrees 11 minutes 53 seconds West. abng said north line of Northeast Construdion Company tract, 328.20 feet to a point, said point being the northwest comer of said Northeast Construction Company tract, said point also being in the east line of Lot 22, Block 1, Northmont, an addition th the City of Bedford as shown on a plat recorded in Vohame 388-107, Page 82, Plat Records Tarrant County Texas; Thence North no degrees 38 mlrwtes 30 seconds East 1108.00 feet to a point, said point being the rtorttteast comer of Camebt Estates. an additlon to the City of Bedford as shown on a plat recorded th Volume 388-112, Page 52, Plat Records Tarrant County; Thence North 89 degrees 28 minutes ra seconds West 839.29 feet along the northerly line of said Camelot Estates; Thence North 1 degree 30 minutes 30 seconds East 226.41 feet; Thence South 89 degrees 24 minutes 55 secor-~ds East 839.27 feet to the Pant of Baginniraf and containing 14.79 0-99-1139 Exhibit "13" N X N N .@ i~. ~~r.~ ;~ - ~~{ Y Y Y i 'Y ' YtYYY;,a Y ~'~ ~ : •~ 4~a~j ~Yi~=~ts ~} ~~ ~R ~~ii~ r ~i f 1 &p ~ Y~ ~ aY~ ~ j~ rr ~ i! , • ~ j; ~i~ a~ as ~ ~ ~ :i~j ij~ ~ •~+ ~a •1 ~ # ;iE ~i i ~I { ~ , ti =~ F , ~j ~;j~ ~~ ~~1t ~j~~ ~~i~ ~~ f 1 1 s i' ~~ ~{ ~ ~j~ i~~ t'~#~ ~'t i ; a ~ :~ 1~~~ ~~ {,;~3 sii ~ ~~~~~ ~~~ ~ I is i ; ,~ ~3 ~~ ~il ~;~ f~;~ xis ~fi~r ~z~, #~t~~ ~;~ 3~ s ~t ~~~~ e } R x R R t ': ~ R s R R R A: 7 T = ~ ~~ ~ i ~ ~ i ~~ d ~a° i g~e ~ ~p~tii3# ~1 . I ~fa~ z a ~~~~ >a ~ ~ ~ ~~~~ ~~~ r IILfO ~~~; ~~ ;~t tc t1i~ A E. ~F~= ~ 1Ex~: ~1 r~~R ~Ri i ~~~ ~~ i~~~ 1 ~~~ ~~' ~~:~ ~; ~,# fad a~i~`; ~ ~~iR f~~~ ~ ;~~ ~L ....... ~~; 45~~ W ~ II~ I ~ ~ ~ t E r •i~ ~ 1 t~ ~ asr RIII ~~~jj 1 iit i~~~ ~ aa5 ~ ~~~ aa ~ ~~~ EXHIBIT 'C' - 0-99-1139 i~ ~~ ~~~~;~ ~~ ~g~ ~! ~ ~, i~ ATTACHMENT TO PU1D-C ZONING CHANGE APPLICATION OF COVENANT CHRL4TUI,N ACADEMY AND PRESB~ CHURCH IIN AMERICA - COLLEYVIQ.LE, TEXAS Chuch and other uses associated with , such as worship activities, Sunday School, and church related educational purposes. Z. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses aril any accessory uses iacidental and secondary to the allowed principal uses. ~ ~i~: ~~~ Uses not expressly permitted in the Permitted Uses stated above. STATEMENT OF PI,AlvivtNG OBJECTIVES Upon grant of the ~g change requested herein, it is anticipated that the Property Ownecs wilt irrunediatdy move for replatting of the Property to conform with the plan set forth on the Site plan. The r+erwvation of the existiag house for kindergarten classrooms on the northeast comer of the Site Plan will commence ahrwat imm~ediately. Altar the lndergarten classrooms have been renovated, students will be moved from the Brown Trail satellite kindergarten facility of Covensu~t Clni~isn Academy ("CCA") to this facility and the old satellite kindergarten properly will be sold. The gymnatorium shown at the north end of the Property will be constructed as soon ss possible, based On the resuhs of fund raising activities. Without limiting the right of the Applicant to delay eonstns~tion until a later date, the Applicant hopes to commmence eonstnrdion of phase two shortly after tht first of the year in 1999. It is also anticipated that with coa~trudion of the gyawatorium a portion of the classroom building adjacent to the gymnatorium will be commenced and completed. These ir~tisd improvements wil! provide enough space to eliminate the portable classroom buildings on the Church property which forms a portion of the Site Plan. In addition it is anticipated that upon canpletion of the initial phase, the high school atude~ts which are gently housed in the First Bapti~ Ctmrch of Colleynn'lle wig be moved ordo the Site Plan property. The building to the south adjacent to the proposed baseball field will be constructed in a longer range phase. Without limiting the right of the Applicant to eonunarce c~astruction at a later date, it is hoped that the eautnretion on the cxntral portion of this )attar phase bw can be conunarced within two to three yeas. The latter phase facility is intended to be the middle school and high school facility for the A'RAICrnSEM TO PUDC TANII~fO CHANGE AlM1CATpN rAaE ~ oR s Exhitdt "D" corpus. The portions ofthst facility indicated for gymnasium and fine arts are of a longer range, as vual as the separate wing indicated for middle school. The athletic facilities on the Site Plan will be comtnxzed as soon as poasr'ble~ but as indicated are not to have lighting for night play. Presbyterian Chaurh in America - Colleyville, Texas ("Colleyville Presbyterian") is the active force behind CCA. CCA has been in operation for fifteen years or longer and has ban a good neighbor and citizen of the City of Colleyvdle. Numerous residents of the community have cortnbuted veal amounts of time and monetary resources to further this private school. The ten acre CCA portion of the Property wasr purchased several years ago, with the anticipation of the eonsbudion of school fs~cilities on the Piopaty. After the Property was purchased, tha City changed its zoning ordinance, which no longer permits the construction of the educational facilities on tins Property, as it did when the Propel was purchaaal: The wrrent zoning ordinance pernnits educational facilities in PUD-C and in-z; categorical. zonir4$ which comrnacial or hire (but not in residential). This change has necessitated-the subject Application. The use of the Property has bng been plannod and has bear existent' for a number of ~-ears. The requested change is therefore coodstad with the aerating use of the Property. Carveraion of the existing Property of CCA into the uaefor which it was puuchased (and form~aly patr~tt~d ~ prior Honing ordinance) is logical and does nottake other eonvruxcial property of the City out of use~for retail and other higher commercial uses sa chaired by the City. CCA has held public meetings and has met with adjoining property owners in the Wayne Drive and adjoining area. The Site Phut and this Application contain numerous cancessEOn~ requested by adjoining property owners in order to dress their concerns. The building, setbacks, and location {towards the extreme (rout of the Property) has bees proposed in order to address concerns with respect to sdjoining residentisl use. The rear two-thirds of the Property has bear left open for athletic piuposes and is certainly compatible with adjoining uses. These athletic Selds satisfy arty requirements for open space which might be associated with this zoning request. The stages and phases of development are discussed above in the "Statement of Planning Objectives" section. Because much of the timing of construction will be fund raising activities and enrollment growth issues, tlu Applicant requests that no specific da~dlines or time frames be associated with this Development Schedule. The owrrerslnp of the Property will not clmnge, except as may be necessitated to make minor adjustments to accommodate proposed buildings at the common property line between CoUeyville Presbyterian and CCA Property. It should be noted that CCA also owns lot three along Wayne Drive, but lot throe is omitted fray this zoning application in order to address concerns raised by the Wayne Drive Property Ovrrrers. . ATfNCHMENT'r0 PUdC ZONIDIO CHANQE AtM3CATION rwloa s of s 0-88-1138 Exhitat "D" All major utilities, water, sewer and drainage are either already on or immediately adjacent to all of the Property. Extensions and service lines will be extended in connection with the con~nxxion of buildings, as necessary. Adequate easements for aU utilities around and on the Site either already exist or wilt be included in the Plat of the Property. This instrument containing the Statement of Planning Objectives, Development Schedule, Statement of Proposed Ownership and Statement of Utilities to be Provided is attached to and incorporated into the zoning application signed by the Property Owners and their representative. ATrACH~tEM'r'O tUD~ ZtNdndo CHANGE Atri.ICATION ~AOE3OP9 0.98-1138 Exhibit "tY' .:.~ .. ~ O `~ ..__. _ A ~ r ,11~ __.. __- u w u~ o ? ~ _~ ~ - -__ ~ ~-. . , Q .oo~ ~.~ - __ ~ ~ V 1~~ IIl ~ .~ ?i. ~~ _ ,~ ~ ~ --- --- - Q O _ ~ ~ ;~. . - o ~ t-. ~ ~ ~~ - - ~_ LU .~ _,~ N _~. -_ _.. li O •~B o-~-~~aa Exhibit "E" ORDINANCE 0-06-1602 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, S HERETOFORE AMENDED; BY AMENDING THE PUD-C DISTRICT CREATED BY ORDINANCE 0-99-1139, BY ESTABLISHING ADDITIONAL DEVELOPMENT CONDITIONS AND APPROVING A REVISED CONCEPT DEVELOPMNENT PLAN; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; ND PROVIDING AN EFFECTIVE DATE EREAS, the City of Colleyville has received an application for rezoning under Case No. Z-06-028; and EREAS, 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 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 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 EREAS, 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 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 othervvise, 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 0-06-1602 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Concept Development Plan attached as Exhibit "A" of this ordinance hereby replaces and supersedes the Site Plan attached as Exhibit "A" of Resolution R-99-1458 and shall be used as a guide for the issuance of building permits for the proposed building improvements. Development of the site shall be generally consistent with the layout shown on the Concept Development Plan. The Building Official in considering a building permit application is hereby authorized to approve minor adjustments of a building location or building footprint, provided the intent of the Concept Development Plan is not compromised or adjacent properties negatively impacted. Sec. 3. THAT the Planned Unit Development-Commercial (PUD-C) district created by Ordinance 0-99-1139, amended by this ordinance, and the Concept Development Plan attached as Exhibit "A" of this ordinance are hereby subject to the following conditions: 1. The proposed building identified as Phase 2 on the Concept Development Plan may be either aone-story or a two-story building and shall not exceed 33,899 square feet of floor area. 2. The existing art building, the teacher trailer, and temporary classroom buildings J & H, along with a maximum of three temporary storage containers may remain on the property for a period of iwo years from the approval date of this ordinance or until 30 days after a certificate of occupancy has been issued for any finished-out portion of the Phase 2 building, whichever occurs first. 3. The remaining portable buildings F, G, K 8~ L shall be removed no later than one year after the issue of the certificate of occupancy for the first floor of the Phase 2 building and that the Concept Development Plan Exhibit "A" reflect the building line that was approved by the Planning and Zoning Commission. 4. As a condition to the issuance of the building permit for the Phase 2 building, a solid screening fence approximately eight feet in height shall be constructed along the western boundary where this PUD-C abuts Lots 19 through 26 of the Camelot Estates Addition to the City of Bedford. There shall also be an open space buffer a minimum of 20 feet Ordinance 0-06-1602 Page 3 of 4 in width along the western boundary of this PUD-C. 5. As a condition to the issuance of the building permit for the Phase 2 building, there shall be planted a row of trees along the eastern boundary of this PUD-C where this PUD-C abuts Lots 2 through 4, Block 3 of the Southgate Addition to the City of Colleyville. Said trees shall be a minimum of 3-inch caliper at time of planting and be spaced not more than 30 feet on centers. Said trees may be planted on an adjacent lot owned by Covenant Christian Academy in lieu of planting on-site. There shall also be an open space buffer a minimum of 20 feet in width along the eastern boundary of this PUD-C. 6. As a condition to the issuance of a building permit for any portion of the Phase 2 building, there shall be a 24-foot wide gated emergency accessffire lane across the northern portion of Lot 4, Southgate Addition, which connects Wayne Drive with this PUD-C. 7. There shall be no traffic access (including roadways or parking lots) to the current CCA campus from adjoining properties along Wayne Drive. The existing emergency access easement shall not be utilized for regular traffic access, and shall be maintained in a manner to prevent regular use of or access to said easement by non-emergency traffic. Sec. 4. THAT prior to the issuance of a building permit for construction of the Phase 2 building, the following additional conditions shall be satisfied: 1. Covenant Christian Academy shall submit and receive approval of a drainage study from the City Engineer and make any drainage improvements required of the drainage study in conjunction with the Phase 2 building and related site improvements. 2. A traffic impact analysis ("TIA") shall be required prior to the issuance of a Building Permit for the Phase 2 Building. The TIA shall be submitted to the City Council for review and approval of both the TIA and the required improvements (both on-site and off-site) shown necessary by the TIA. No Certificate of Occupancy will be issued for the Phase 2 Building until the required improvements are made by the applicant and approved by the City. . 5. THAT the PUD-C shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colteyville as heretofore amended, and as amended herein. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-06-1602 Page 4 of 4 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. $. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. IT IS SO ORDERED. reading and public hearing being conducted on the /!~ ~ day of ~-» 2006. id reading and public hearing being conducted on the ~ day of ~.~~t~, 2007. ,TTEST: y~~G-a.~ ynthia Singleton, TRMC ity Secretary AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor hew C. G. Boyle Attorney Concept Development Plan -Exhibit "A" -~-----__..__.-_ _ _ _.J ~~ ~ ~ ~,. ~ ~ . ~ ~ t~~ •~ ~ c~~~~~~w~ ; ~~~ .$~ ~ ~ ~ ~ --~ ~ ~~ ~ ~~-~- , = ~' ~ ~ ~ _. ~ ~ -;. ~ _~ , ~ ~ » ~ ---~. ~' ~~ ., ' n .. ~ ~' ~~i iii i ~ ` '____, ~.. ~ , • ~~ ~ iii iiil i#~~ i 1~1 ~ . ~_ ~, ~~~ ~ s ~ ~ } t it • ~ ~ ~... rr r + R ~ ^ ~ I1 jj t i ~ ~ ~ ~M I tti 1 F ~~ ~ ~ 1~ ~ ! ~ t ~# ORDINANCE 0-09-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1139 AND O- 06-1602; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 17.7 ACRES ON LOT 1 AND 2, BLOCK 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION, AND LOTS 1, 2, 3 AND 4, BLOCK 3, SOUTHGATE ADDITION FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-004; and WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-09-xxxx Page 2 of 6 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 17.7 acres on Lots 1 and 2, Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition from the R40- single family residential zoning district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for church and private school uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-09-xxxx Page 3 of 6 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may issued until said plat is filed with the county clerk. 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. Church 2. Private elementary, secondary and high school not to exceed 600 students total. 3. Recreational and athletic uses incidental and accessory to the uses listed above. 4. BUILDINGS AND SITE PLAN APPROVAL a. The following buildings shall be allowed as described below and depicted on Exhibit "B": 1. Secondary School 46,000 square feet (existing) 2. Administration 6,000 square feet (existing) 3. Administration 6,000 square feet (phase 1) 3. Library 6,000 square feet (phase 1) 4. Grade School 11,000 square feet (phase 1) 5. Grade School 11,000 square feet (phase 1) 6. Multi-purpose 19,200 square feet (phase 2) 7. High School 48,000 square feet (phase 4) 8. Athletic Stadium Seating for 400 people (phase 3) b. Prior to construction, the high school and athletic stadium shown above, described as phase three and four construction in the Statement of Planning Objectives attached as Exhibit "C", shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Ordinance 0-09-xxxx Page 4 of 6 c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "D". 5. PORTABLE STRUCTURES a. All existing portable classroom structures on the subject properties shall be removed prior to the issuance of the certificate of occupancy for the buildings described as phase one construction in the Statement of Planning Objectives attached as Exhibit "C". If no building permit has been issued for said buildings as of September 1, 2010, all portable buildings shall be removed from the property no later than September 30, 2010. 6. PARKING a. A minimum of 230 parking spaces shall be provided upon construction of all buildings proposed by this ordinance. b. In order to ensure adequate parking is provided at all times, no athletic events involving competition with another school may occur during normal school hours. 7. LIGHTING a. All lighting including parking lot lighting and stadium lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. 8. LANDSCAPING. BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 60 percent of open space. b. All retention ponds shall include at least one aeration device. c. Prior to the issuance of the certificate of occupancy for each building, there shall be a minimum of one three (3) inch caliper tree planted per each 40 feet of frontage and one five (5) gallon shrub planted per each five (5) feet of frontage along Wayne Drive and Cheek Sparger Road. The species and planting specifications shall adhere to the requirements of the Land Development Code. Ordinance 0-09-xxxx Page 5 of 6 d. A 20 foot landscape buffer shall be maintained along the western boundary of the development and along the boundary of Lot 5, Block 3, Southgate Addition. Additionally, the landscape buffers shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings shall be required in the buffer along the western property line prior to the completion of the athletic stadium and only adjacent to the stadium and any other existing buildings. The buffer along the boundary of Lot 5, Block 3, Southgate Addition shall be planted prior to the completion of the phase one construction. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Cheek Sparger Road prior to the issuance of the certificate of occupancy for the high school (phase four). b. A minimum four (4) foot sidewalk shall be constructed along Wayne Drive prior to the issuance of any certificate of occupancy. 10. FENCES AND SCREENING a. A minimum eight (8) foot wood or masonry fence shall be constructed along the western boundary of the development adjacent to Lots 19 through 26, Camelot Estates Addition located in the City of Bedford and along Lot 5, Block 3, Southgate Addition in Colleyville prior to the issuance of any certificate of occupancy. 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. Ordinance 0-09-xxxx Page 6 of 6 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 2009. The second reading and public hearing being conducted on the day of 2009. 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 907 1001 1003 AG°oaa ~ ~~~~ ~ PUD ~~ca~~ = ~ Site `~~' gas 100 6E11 C03 avC4 x000 CHEEK SPARGER RC} ~~ 351 PllDC '~` ~ ~~ ~~~ f ~ ~, is ~~~ f 31s ~' R20 ~// 3E"r` 5//+ f ~ ~y ~~ ~~t ~~l l i~t C- 1 ~1 • ~;~_ ~~as AG ,, u~ EXHIBIT "B"-Site Plan __._ .~.~.. .. - ri,. ,=>~ ,.~ ~' k~ ~1 r'" ~ ~,r ~ ~~ ~ _ r-'___~ ~" f ..... .:.. ... _ ,. ti L ... __ ._ _,-. ---. _..._.. - ,_ r _ _ f i + t ~ .... .. ~-. ~ i ~ i r~ ~ ~ L~_- ~ °~ ~: _ ~ ~.. ~ ~ { ~~ '~ C ~~ ,. -, :1 -~ r i ~- ~ t '. ~ ~ ' ~ h ,, G ` f ~ ~ . ~ h ~ a .. ~ p, r-. ~ t t e u ~: . ~ ~ ~ e ~ __ R 6 r~ ~'~ r~ ~• r fr ~ . ~ ~a t i - i ~ ~ 1 ,:~ ._... ~- ~ ~} ~~ i_,...I ~ !1~ ^ } d ~ ~ ~ ~ ~ I 11 I =, %f ~ y 11 t ~~ ~ ~ ~ ~ s f m ll I I 7 ,~ "'~ ~°,~ ~ ~~ e i i~j S~ a ~ I ~ i nl } [f . ~ w i ~ a ~ ~ ~( ~ I 4 ~ __~ [ 1 LLa y ~; ~ii: 7 tt ~ ~ __, y ' ~ {ma'r' f ~~ ~ ~ n r ~., ~ ~ ,f--- i '~~a ~lo- j ~ t 'y ~Y - ~ I ~ ~~~' G ~ ~ __ ~ t ~. E ~: ~ ?e ,C ~. ~fI . ~r ti y' ~ ~4~ i T ,, a I?~ fl k , +fff l ( Ada ~ ~ " ~ .r l`, ~. F S . ~,~... 'd ~ ~/;$ ~ ~~ }. ~ !:9 ~ eG" (j -t ~ E'D! X ~ ~' ~ ~ A l ~ ig ina~ i DDS ~ ' ~'{ ~it~ n '~ S ~~' y Y~ ~ ,t ~ .~ {: 1 1 ~ ng ~ ' 't M1 ` {.. ~++~N•,Hiy MMM _ - ~ .- w- k*+"Mi's/n.. Gw'r.,~^wS.~a. ~ x[sr/~n M&b. ~, _ .. ~ ~~~A ' I ~ ~~ g#} y -v\jY, aer++r+M+r awy*wt wcover t tr $3 ~ ~ ~~~- ~ ~~ ~/~' roc M,u~reewaYO _...... ._ - = 1 t EXHIBIT "C"- Statement of Planning Objectives ATTACHMENT TU PUA-C ZtJNING CHANGE APPLICATION CaF COVE NAN'I" CHRISTIAN ACADEMY ANA PRESBYTERIAN CIICI7RCIi IN AMERICA - Ct~ I.LEY V ILLS, TEXAS The property 2'or which this proposed zoning is to occur is located at the sauthtr~est comer afCheek Sparger Road and Wayne Dr~~e. The overt}} 17.6734 acre piece of property is comprised afnumerous individual lots zoned for both PUD-C' and R-4t) uses {see attached legal description). Tt is the intent of this zoning application to redact the current zoning for the property and rezone the property into one zonng classification {PUD-C) to be used. priaril}~ far church and educational use as described below: PE113v1T'I I"FTJ t 1~F?,5 1. Church and ether uses associated with churches, such as worship acti~~ities, Sunday School, and church related educ;atianal purposes. 2. Private primary and seconder}~ school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. tiny combination of the permitted uses and any accessory uses incidental and secondary to the allowed. principal uses.. STATEMENT t?F PLANNING 4E3.lECTItIES Covenant Christian Academy is a highly respected educational institute serving students in and around Calleyville since 1979. The objective of this PUD-C request is to move. forward improving the Physical Plant sa as to better serve the students and faculty within our school with improvements in our academic, atliletio and recreational facilities. Grade school classrooms arc planned with the appropriate recreations[ areas appropriate to gradelevels. Athletic ft~ld improvements arc also included to promote on campus training, practice and gamefacilities for our school te~mis as wail as outreach opportunities for serving asserted local clubs and associations. Athletic field shall be 1}glued far nighttime use. Finally, a future high school building arid. an enclosed.multi- purpose facility is planned as part of our long-term. goals. Upon grant of the zoning change requested herein, it is anticipated that the main Property Gwners (Covenant Christian Academy - "CCA") will immediately move forward with a replat request {the replat may proceed concurrent with zoning request). The existing PUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain timeframc. Two ofthe portable buildings have already been ren~ovcd in accordance with ctrrrent PUT) requirements. This request. will incorporate that condition into our PUD-C. Construction of the three {3) grade school buildings will begot. almost immediately {Phase 1). These initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings are not an CCA-awned property and are located outside of the area of our PUD-C request, the removal. of those buildings is herein represented as a condition clear request. Ail portable buildings are to be removed upon issuance of the certificate of occupancy of Phase 1 Construction ar approximately September, 20I0. ATTACHMENT T(? PUD-C Zf7NtNG CHANGE APFLICATtC7N PAGE EXHIBIT "C"- Statement of Planning Objectives Continued Realize that the proposed development of this property is planned. to provide an improved learning atmosphere for the existing student base including a library, computer lab, dedicated art stadia, music room, and science tab, The development is not intended to accommodate an influx. of additional. students in excess of the current enrollment, Student. enrollment has fluctuated between SQtI to just under bQ0 over the last seven years. A student enrollment of6Ut3 is the deszgn population for which this PLiL1-C has been. dcsilned for. Presbyterian Church in Amensa ~ CollcyvilIe, Texas ("Cotleyvilte Presbyterian"} was the entity that started CCA, The school became independent of the church in 1999. CCA has been in operation for many years and has been a goad neighbor and citizen in the City of Colleyr~ille. Numerous residents of the community have cantributcd vast amounts of irne and monetary resources to further this private school. CC.A owns the majority of the lxoperty along. the «~est side of Wayne l.7nve with the exception ofLots 1 and Lot 5 (Southgate Addition, Bloclc 3}. Lot l is surrentty under contras# to CC:A and is a part of this PUD. The anginal l~ acre portion of CCA property was purchased wish. the anticipation of the construction of school facilities. on the Property, This zoning change is necessitated as a result ofthe City's zoning ordinance which does not allow additional construction of educational. facilities on the ACA property without approving a new l'D Development. The City's zoning ordinance was instituted just after the original property was purchased. The use of the Property has long been planned and has been existent for a number of years. The requested change is therei'ore consistent with. the existing use of the Property. Conversion of the existing Property of CCA into its proposed use is logical and does not take other cotnnrereial property of the City out afuse far retail and other higher cotnmercial uses as desired by the City of Colleyville. City of Bedford residential neighborhaads are located to the west and. south of this development. The athletic field and treed area on the southern portion of the property (trees to remain} serve as a buffer io these residential areas and ors certainly compatible with adjoining: uses. The Gxstin~ athletic field will. remain in approximately the same location, thus having little. additional effect on tilte neighbors in Bedford. These same areas will also easily satisfy any requirements for open space with might be associated with this zoning request. The area east of Wayne Drive, across the. street from this Property, is comprised of vacant land zoned for Agricultural use and two remaining residential homes (z~nedlt-4t}}. The Saddlebrook Subdivision is located Werth ofthis property across Cheek Sparger Road {zoned l't7i}-R}, Prior zoning changes (PUD's} an this. property attempted to satisfy CCA requirements, but. contained numerous sancessons requested by adjoining property owners: Since the mast resent PT.iD-C, CCA has acquired additional properties along Wayne Drive, thus eliminating aTl but one of the pear adjacent. property owners. This PUD-C addresses the rezoning of the recently acquired and original. CCA and Coffeyville Presbyterian property as vvell as those that are to be acquired (Lot l }. DEVFLOPMI-:NT SC13E17ULE ATTAGt-IMEI~IT Ti7 PI3D-G 7ANING CHAI~iGE APFLIGATt02v PAGE 2 EXHIBIT "C"- Statement of Planning Objectives Continued "The stages and phases of develr~pent are: planned as follows: Phase l - Grade School Construetion (begin immediately and finish in approximately l5 months] Phase Z - lvlult-Purpose Facility Construction (no completion date established} Phase 3 - Athletic 1-'ield turd Stadium {no completion date established) Phase ~ - High School (no completion date established] Realize that much of the timing of construction will be dependent on fund raising activities. The Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT" t~F PRgPOSED QWl`I}RSI-11P The ownership ot'the Property will not change otter than the fact that. I.at t is expected to be acquired by CCA contingent upon zoning approval. STATL'vll:NT QF LF'l~l[,ITII/S~[Nf~KAS"1"RtICTURF T4 ~'~ PR©ViDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to all. of the Property. 'The attached preliminary engineering drawinbs detail the proposed water, sewer and drainage infrastructure that will be constructed to accorntttodate the proposed development of this property. Required easements for all utilities around and on the Ste either already exist or will be provided by Flat or separate instrument as necessary. Regarding roadway infrastructure, CCA }ntends to improve Wayne Drive for its entire length. of frontage. The existing asphalt roadway will. be widened from the centerline to the west to forn~'i, of the required 31' B-B City Street Section. in other words, CCA will build a 15,5' street section along its side of the existing Wayne Drive. A ~l' sidewalk will. be constructed along fire west right-of-r~vay of Wayne Drive for its entire length along the- CCA frontage. CCA. would also entertain entering into aCity-Developer Agreement to reconsttvct Wayne Drive along the entire school frontage from. its existing. state to a frill width 36' B-B street section to alit on-street parking. CCA. would be willing to contribute the funds for 15.5' width of the roadway while the City pick up the cost for the remaining 20,5' width.. Recent improvements to Cheek Sparger Road have already been made by CCA as required by the earlier PT3D-C. IMPACT ~'BIS: t Granting of this request will not introduce additional students to this location. The classrooms in Phase l will replace the existing classrooms currently located in the Portable Buildings. l~lo net increase in impact will be felt from these improvements as we ATTACHtvt~N"I" "t"O t'Ui7-~ 7.ONING CHAt*3GE APpLICATIt~N FAGS 3 EXHIBIT "C"- Statement of Planning Objectives Continued are simply relocating existing students into the new, larger classroom and. appropriate educational spaces. By this application we are requesting following consideration and adjustment on the applicable impact fees: 1} Road4va~~ impact and Perimeter Street Fees: Full impact fee credit allowed for the amount of road way mpro~'ement both to Wayne Drive as illustrated. in this request as welt as the previous substantial improvements along Cheeksparger Dave. We request that the required street and sidewalk constntction be limited to what is shown on our Sife/Concept Plan and related engineering plans. 2) Parkland Dedication Fees; We understand that Parkland Dedication Fees do not apply to this development. 3} Water and Sanitary Sewer (Builder) Impact. pees: Full. impact fee credit shrill be allowed far the installation. of the new 8" water line along the fi,Il length of property along `uayne Drive.. This wafer line is replacing an existing 2" rti~atcr line. Again, the impact from the introduction of these rrew classroom buildings will be totally offset by the elimination of the impact now present with the portable classroom fsuiidings to be removed from site. 4) Tree Mitigatr~n Fees: Full tree mitigation fee credit shall be allowed manly due to the effort taken. to preserve the majority of the existing trees located at the southwest comer of the property. Over 9{1%, of the existing trees on the overall property are to be retained. This instrument. is attached. to an incorporated into the zoning application. signed by the Property Owners and their representative. ATTACt~NENT Tfl P[Tf?-C Zt7NTNG CHANGE APPLIGATIt)N PAGE 4 ~... ~~ !~~ ~v: .,_,,;: ._ t i_ t }. } E ~~ ~- -- ~ - i ~ _' ~ ~_ r~~t ~ ~~~ S y \ ~ ~'~~' 1 3 ~ ~ ~ 'J - S ~_ Y - 6 4 NyT ~-n~q t- ~~ ~jy i 7 ~. tst~ i ~ ~c 1 3 t ~-~°~ f f `.-sue .- ~ .1L`~~i'~.~-a `. {Ef-._-=.- -- - - 4.. - I -. b __ ~ ,_~ E i I~Fs~tt tl-h--. t ~./ ~1µ s ~-':.'~~~..2i ~ ~~~~ ~t~~ ~ VFW ~i~J h SIi-~=~fF_Y f-I -~z.- _ y `t ~~t' ~.:... SJ[ ~ •_ ,i