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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/14/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~ni-nnni rnllr~-niillA ~nrr~ ..:;'~.. i,~ ,? 4~i _-~' Meeting Agenda Monday, September 14, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~,~~ ~„ . _ City of Colleyville 100 Main Street ~~ "~ Colle8 7e503.10006034 Meeting Agenda s.. www.colleyville.com Planning and Zoning Commission Monday, September 14, 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 Rotthaus 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 13, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a sidewalk waiver request on Lot 2, Block 1, Bettinger Place Addition located at 6216 Bettinger Road, Case GC09-014 7b Approval of a sidewalk waiver request on Lot 1, Block 1, HEC Addition and Lot 1 and 2, Block 1, Garden Addition located at 5405, 5503 and 5505 Pleasant Run Road, Case GC09-015 7c Approval of a sidewalk waiver request on Lot 2, Block 1, Hunter Addition located at 6005 Hunter Lane, Case GC09-016 City of Colleyville Page 1 Printed on 9/11/2009 Planning and Zoning Commission Meeting Agenda September 14, 2009 8. PUBLIC HEARING AGENDA ITEMS 13a Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at 6401 and 6405 Colleyville Boulevard, Case ZC09-010 8b Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 9. DJOURNMENT I her certify above agenda was posted on the bulletin boards at City Hall on Fr ay, September 11, 2009 by 9:00 a.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 9/11/2009 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 'A/IA/IA/ i.~lh~n ii//~ n~rv~ ~ ttl' iii ~2 «~LM~. FG f.,. ti ..4~ Minutes -Draft Monday, July 13, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~r° "~. City of Colle ville City Hall ~ ~~~ Y 100 Main Street Colleyville, Texas 76034 Minutes -Draft 817.503.1000 a;;.,. 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 13, 2009 at 7:04 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Sarah Coplen, Jeremy Hutt, Rob McKeown, Kelly Cooper and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the May 26, 2009 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy Cify of Colleyville Page 1 Printed on 7h5/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:07 p.m. There being no one wishing to speak, the public hearing was closed at 7:07 p.m. Commissioner Rotthaus moved to approve case PC09-008. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if all of the recommendations made by staff in the draft ordinance? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding the trees (could not hear Commissioner Dudziak, microphone was off). Ron Ruthven replied trees not located in the building foot print would have to be mitigated. Commissioner Phelps questioned staff regarding if the waiver requests by the applicant are going to be handled separately? Ron Ruthven replied those waiver requests regarding fees would need to be followed by the Land Development Code to be handled at a later date. City Attorney Kallas replied those waiver requests would be an administrative matter with the city He stated the request before the Commission tonight is strictly for zoning. City of Col/eyville Page 2 Printed on 7/15/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 Commissioner Byerly opened the public hearing at 7:15 p.m. Jeff Avery, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Avery regarding how many people will the stadium seating hold? Mr. Avery stated the seating for the stadium would accommodate 200 spectators on each side. Commissioner Dudziak questioned Mr. Avery if kindergarten and the day care facilities are on this site? Mr. Avery stated the kindergarten and day care is not at this site. Commissioner Dudziak questioned Mr. Avery regarding if the portables are going to be used by the church? Mr. Avery stated those portables are being removed by the school. Commissioner Phelps questioned Mr. Avery regarding if the kindergarten is being moved out of this facility completely or to the church facility. Mr. Avery stated off-site of this facility. Commissioner Byerly questioned Mr. Avery regarding if the library is in Phase II? Mr. Avery stated it will be in a future phase. Commissioner Redfearn questioned Mr. Avery for clarity to explain the phases. Mr. Avery stated Phase I consists of the infrastructure, fire lanes, concrete, the next education building (classrooms and administration) and detention ponds. He stated Phase II would include multi-purpose facility, athletic field and library. He stated the high school and improvements to the stadium would come at a later time when the funds are available. He stated Phase III and Phase IV, would be the high school and the stadium. Commissioner Redfearn stated he thought the lighting and the stadium were in Phase IV. Mr. Avery stated they would like to put the field in at this point as well as the lighting. However, he stated knowing that all improvements to the field, outside of the lights and bleachers, would come at a later date. Commissioner Dudziak questioned Mr. Avery if the field would be put in during Phase I? Mr. Avery replied yes. Commissioner Dudziak stated there would be no lights? Mr. Avery stated they would like to have lights for the field but no other structures in this Phase I. Commissioner Phelps questioned Mr. Avery regarding if the existing field is currently lit? Mr. Avery replied no. Commissioner Dudziak questioned Mr. Avery regarding how many classrooms are going to be in the grade school? Mr. Avery replied 20 City of Col/eyville Page 3 Printed on 7/15/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 total in Phase I. Commissioner Dudziak questioned Mr. Avery if the Wayne Drive improvements would be a part of Phase I? Mr. Avery replied yes, all improvements would be done in Phase I construction. Commissioner Dudziak questioned Mr. Avery regarding if the build line on Wayne Drive is for the future Phases of construction or is that the build line on Wayne Drive? Mr. Avery stated that being the 40 build line on Wayne Drive. Commissioner Rotthaus questioned Mr. Avery how. many students are currently enrolled? Mr. Avery replied currently 540, grades 1-12. Commissioner Rotthaus questioned Mr. Avery regarding if they are planning to increase to 600 students? Mr. Avery replied yes. He stated they have the ability to have 750, but with this request they would limit the student enrollment to 600. Jessie French, 3700 Brown Trail, Bedford, spoke in opposition to the request with concerns for the traffic. Wyatt Cross, 3817 Fox Hollow Drive, spoke in opposition to the request with concerns for the lighting and noise. Gary Zak, 3821 Fox Hollow Drive, spoke in opposition to the request with concerns for lighting, noise, landscaping and bleacher/stand height. Shelley Zak, 3821 Fox Hollow Drive, spoke in opposition to the request with concerns for lighting, noise, bleacher/stand height and decrease in property values, crime, trash and traffic. Scarlet Burchfield, Spring Grove, Bedford, spoke in opposition to the request with concerns for traffic and noise. She stated she would like to see the City of Colleyville close Wayne Drive. Aaron Holderness, 933, Bedford resident, spoke in opposition to the request with concerns for traffic, parking and lighting. He stated the City of Colleyville should close Wayne Drive. He stated it appears that the long range plan is much more than what is being presented tonight. He stated the school only growing 10% There being no one wishing to speak, the public hearing was closed at 8:00 p.m. Mr. Avery came forward to answer any questions or concerns that the residents have had tonight. He stated the current zoning allows for a two Cify of Colleyville Page 4 Printed on 7/15/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 story building close to the same line as the stadium. He stated they chose to move that structure so that they would be away from those residents. He stated they are willing to work with the neighbors and have by reducing the number of students enrolled. He stated they would like to improve the turf for the stadium since the field is used daily by the school. Commissioner Dudziak questioned Mr. Avery regarding if postponing the lights is a possibility? Mr. Avery replied yes. Commissioner Dudziak stated the postponement is just for the details of the lights, he stated the lights are going to be approved if the Commission approves this request? City Attorney Kallas stated the foot candle limited at the property line, however, the actual construction of the light will be with the detailed site plan upcoming? Commissioner Dudziak questioned Mr. Avery if they would be willing to limit the use of lights to certain days of the week, times of the day? Mr. Avery stated they would consider that number of days and at worst case the timing on the lights, maybe two days a week until 10:30 p.m. City Attorney Kallas stated that could be put in the ordinance. Mr. Avery stated they area 1-12 school with different times and requirements. He stated he would hate to not be able to use a Thursday during bright sunlight just because it did not fit the two day limit. Commissioner Dudziak stated the daylight hours are not what concerns the neighbors, it is the use of the lights at night that concerns them. Commissioner Dudziak questioned Mr. Avery if the use of the lights was limited to Sun -Thurs night until 8 p.m and Fri- Sat nights until 10:30 p.m., could that be considered? Mr. Avery stated that sounds fair. He stated not knowing exactly the times for the use of the lights; he stated he would have to ask the school. Commissioner Phelps questioned Mr. Avery how are the athletic facilities used today, without lights? Mr. Avery stated those varsity events are held off site. Commissioner Phelps stated having an issue with these type lights so close to the residents shining into their back yards. He stated this is not an appropriate use for this area. Mr. Avery stated if they could limit the times on the use of the lights as well as the light pollution, direction of the lighting. Commissioner Phelps stated the orientation of the field is not conducive to the field lighting. He stated it will still be shining into their backyards. Mr. Avery stated they are wanting to provide an on-site school experience for the students enrolled to be able to use the field for their events. Commissioner Byerly questioned staff regarding what is a .5 foot candle illumination at the property line, what is that in comparison ,how bright is that? Ron Ruthven stated not having an example of that at this time, he stated that comes form the code of ordinances. Commissioner Byerly City of Colleyville Page 5 Printed on 7/15/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 questioned staff if that is the standard lighting between residential and commercial? Ron Ruthven replied correct. Commissioner Byerly questioned staff regarding if the design of the bleachers is included in the draft ordinance or will it be left to the details of the site plan for later? Ron Ruthven replied correct. Commissioner Byerly questioned City Attorney Kallas if that could be accepted as an addition to the ordinance? City Attorney Kallas replied right now the ordinance site plan details the location of the bleachers. He stated the ordinance states that prior to any construction of the stadium facility, they would have to come back for an approval of the detailed site plan. He stated while this does lay out lighting poles and bleachers, all will be included in a detailed site plan. Ron Ruthven concurred. Commissioner Byerly questioned staff regarding if the concept plan would have to be about the same as what is seen tonight? City Attorney Kallas replied correct. Ron Ruthven replied the location of the bleachers and the amount of seating are the only details that have been provided. City Attorney Kallas stated the applicant is requesting to improve the turf of the field prior to the approval of the detailed site plan. Commissioner Byerly questioned staff regarding if the use of athletic field is for the primary use of school? Ron Ruthven replied correct, school functions only, incidental to the primary use of the school. Commissioner Byerly questioned staff regarding the buffering on the west side would be an 8 foot fence, wood or masonry, 20 foot landscape buffer and the criteria for the landscape buffer to be live plant material of the evergreen variety which is expected to grow 6 feet in height in two years with a minimum of 3 feet in height at the time of installation and planted on 6 foot centers? Ron Ruthven replied correct. Commissioner Byerly questioned staff regarding if that same buffer would apply next to 3709 Wayne Drive as well? Ron Ruthven replied correct, including the 8 foot fence. Commissioner Dudziak questioned staff regarding if building concession facilities, can they be portable and will they have to have them permitted? Ron Ruthven replied any restrictions can be added into the ordinance. He stated kiosks are not allowed with no provisions for a portable structure. Commissioner Phelps stated having issues with approving the request as is. He stated this will lock in the general location of all the facilities including the field. He stated there needs to be consideration of redesigning the site plan, maybe moving the building over or the field at a different angle to accommodate having the field with lighting some Cify of Col/eyvil/e Page 6 Printed on 7/15/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 where else that may be less intrusive to the neighbors is precluded by the approval of this as it is. He stated not liking the site plan and stated the lighting almost has to be eliminated. He stated the approval of this locks the field in its current location. He stated if the Commission were to move forward with this request, he would like the lighting to be eliminated at this stage, altogether and let it be considered separately at a future date. Commissioner Knox stated having a problem with the layout of the site. He stated this is not in accordance with the Master Plan. He stated he would like to see some definite items put on the plans that would indicate that they are definitely going to build the buffer fence as per exhibit E in the drawing as well as clear information on the phasing of the project. Commissioner Byerly moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; and limitations on time and use of lights. Motion dies for lack of second. Commissioner Redfearn would like to eliminate the lighting on the athletic field. He stated he would like no lighting approved on the athletic field as opposed to limiting on days and hours. Commissioner Phelps stated to be consistent with his previous statements, he would like to see them come back with some alternatives. He stated there is enough space with the property to be able to move some things around. He stated his motion would be to deny case ZC09-004 and let them come back to the table with something more accommodating. Commissioner Knox seconded. Commissioner Byerly stated he would rather have a motion to table so that the applicant can come forward with some changes until the next meeting. Commissioner Phelps commended the applicant for wanting to make some changes, however, there still needs to be improvement to accommodate the neighbors. He stated he would like to hear from the applicant again to see if changes could be proposed. Commissioner Byerly stated he would like to get a con census on the light issues from the Commissioners to be able to give the applicant some guidance. He stated the limitation on the use of the lights with regards to day and time would be helpful. City of Colleyville Page 7 Printed on 7/15/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 Commissioner Dudziak stated it would be a great idea for this item to be tabled in order for staff and the applicant to make some changes to the request in order to make better decisions. The motion to deny failed by the following vote: Aye: 2 -Knox, Phelps Nay: 4 -Dudziak, Redfearn, Rotthaus, Byerly Absent: 1 -Clardy Mr. Avery stated they could do away with the lights if the Commission can approve with the elimination of the lights. He stated they would like keep using the athletic field with the activities only in the day. He stated he would like to keep the bleachers. He stated with regards to the change in the site, there is a tremendous amount of trees on the property that they are trying to keep away from having to put anything near those trees. He stated they are willing to eliminate the lighting. He stated they would like to make the improvements to the field and keep the bleachers. Commissioner Phelps stated with that being said the issues he has are eliminated. He moved to approve case ZC09-004 including the previous motion along with the prohibition of the use of lights on the field. Commissioner Redfearn seconded. Commissioner Knox would like the add the buffer fence per the exhibit E in the 1999 ordinance with brick columns with fencing 20 foot between the columns. City Attorney Kallas replied that fence would be repealed with this ordinance. He stated currently in the draft ordinance for this request they may construct an 8 foot wood or masonry fence. Ron Ruthven stated if the masonry columns are being requested staff could put those requirements in the draft ordinance. Commissioner Knox stated he would like that added to the motion. Commissioner Phelps accepted the amendment. Commissioner Redfearn questioned staff regarding if the Wayne Drive improvements would not need to be included in the draft ordinance? Ron Ruthven concurred. Commissioner Byerly recapped the motion: Commissioner Phelps moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; prohibiting the use of lights on the athletic field and to require the screening fence be an 8 foot fence with 2 feet wide masonry columns every 20 feet. Commissioner Knox seconded. City of Col/eyville Page 8 Printed on 7/15/2009 Planning and Zoning Commission Minutes -Draft July 13, 2009 Commissioner Phelps questioned staff regarding if the fire hydrants will be included as part of Phase I or when would they be included in the construction and is that part of the code? Ron Ruthven replied yes, upon Phase I construction as part of the fire code and would be required upon building permits and would not need to be included as part of the motion. Commissioner Rotthaus questioned Fire regarding are there any concerns on behalf regards to accessibility for the fire equipment? applicant has made the fire lane changes a: requested which will allow fire access to eacl buildings will have fire protection systems anc approval of the plan. He stated there will be fire lanes. Marshal Rob McKeown of the Fire Marshal with Rob McKeown stated the the fire department has ~ building. He stated the I the fire department is in no parking allowed in the Commissioner Knox questioned staff and the Commission if all are in agreement that the bleachers are not to exceed 5 feet in height? Ron Ruthven replied there are no bleacher details as part of the draft ordinance. He stated the applicant will need to provide the bleacher details along with the detailed site plan for future approval. Commissioner Phelps stated having no objection with the acceptance of the bleachers being 5 rows in height not 5 feet in height. Commissioner Byerly again recapped the motion: Commissioner Phelps moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; prohibiting the use of lights on the athletic field; require the screening fence be an 8 foot fence with 2 feet wide masonry columns every 20 feet and the bleachers be a maximum of 5 rows in height. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 8. ADJOURNMENT The meeting adjourned at 8:35 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 9, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 9 Printed on 7/15/2009 ,in ~{~ ~ tl~~ ~~~1 ~~ ~~~~~yV~~~e 100 Main Street Colleyville, Texas 76034 '~~~ry% Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 09/14/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a sidewalk waiver request on Lot 2, Block 1, Bettinger Place Addition located at 6216 Bettinger Road, Case GC09-014 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission Title Approval of a sidewalk waiver request on Lot 2, Block 1, Bettinger Place Addition located at 6216 Bettinger Road, Case GC09-014 Explanation Robert Harness is requesting a waiver to the construction of a sidewalk for the new home located at 6216 Bettinger Road. Summary. The newly constructed single family home triggered the sidewalk requirement. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Bettinger Drive - on which the subject property is located - construction of a 4 foot wide sidewalk is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waivers to the new Supplemental Sidewalk System Map and Land Development Code regulations. No other sidewalks currently exist on Bettinger Drive. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver -This action would waive sidewalk construction, which is required by the Supplemental Sidewalk System Map. City of Colleyville Page 1 Printed on 9/11/2009 Agenda Briefing Continued (2) Deny the waiver -The applicant would be required to build a sidewalk on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow -The Planning and Zoning Commission may require payment into escrow in an estimated amount of $8,400.00. District Neighborhood. If the Planning and Zoning Commission determines that the applicant is responsible for paying into escrow, the monies received will be available for any future sidewalks or trails located within District Neighborhood #6. Recommendation Staff recommends that construction of a sidewalk be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 9/11/2009 Location Map y- 3 ~ 12 20i~ 201 20 I I f~321 6~t}1 ! 6316 ..~-- Q 63f7 6312 0 207 263 -8 14 6373 g30g 6309 12 0317 6309 6305 ~ 270 200 63{~+i 6 X6313 t}2 ~r3{I5 ~~~ Site B3U3 6301 63~J3 200 13 '200 205 201 6300 6301 6 300 20~ 204 616 1~1 :" ~ ~ ~; 213 621 ~ fig' 1'I 25 6120 620 F,2C3 809 2Q1 206 s11a s~as ;2117 ~'A ~ 61 U£i ~~oa s2~5 205 6112 61 i 3 b200 ~~F` L ~ ~ ~~ i.,~[ tat 209 ~' ~R6AN HOMES Raa~eRr I. IKt~x~ss I I I Cusrata BuR 10& BREMEN DR. HURST. TX 26054 August 3, 2009 Ron Ruthven City of Colleyville Director of Community Development 100 Main Street Colleyville, Texas 76034 RE: 6216 Bettinger Road Necessity for city sidewalks Mr. Ruthven: I spoke with Steven Z. Chutchian, Director of Public Works, about the location of a s'sdewalk to lie constructed and he told me there was not enough room on Van Oaks for a walk. I would like to formally request a variance along the Van Oaks drive side and the Bettinger drive side, of the above named property, a corner property. There is approximately 7 feet ofcity owned property along the Bettinger side and 11 feet on the Van Oaks side, A 4 foot walk on Bettinger will leave 3 to 3 and'/z feet of distance between the walk and street. The Van Oaks street has a significant elevation change in the 1 I foot distance between the edge of asphalt and the end of property as well. as numerous trees. In addition, Laura and Guy Church at 204 Van Oaks have informed my client that even though the master plan depicts a walk on Van Oaks, there was not supposed to be a provision for a walk on Van Oaks and as such they were granted avariance-from constructing a walk. However, there is a 50 foot row on the east side of Bettinger. Please see enclosed plot plan. I would like to be placed on the agenda for the next counciVzoning meeting in August if possible. Thank you for your attention to this matter. For any questions, please contact me Bob Harness with Suburban Homes @ 8 i 7- 253-4663. i cerel Robert Harness ~* Bl-OCK: t LUI: c ~iir. ~L~1111.W, 1/Y11VV11 Vyy,..., ,r.r.,. S]HEEi ADDRESS : ~ 62t6 BET11NGfR ROAD 43,693 Sq. Ft. t we BLOCK 1 ~,,~ LOT 1 ~ ,.;. ki" IR5 0 ~ 77.56' d 14" IR5 V ;< ~:a '. ~ , T. ~.., ~ IG' 0 ~ ~ 1 ~~ '~ ,.. ' , Nt - ~ C. DR11~ w METnI ;~, . ~ Y 4 .. ~ N J~'HBD N I ~) v. • V ..~.. ~ 4. oAlt _ Lw NE JAL O ~ ~^' C j ~ 20' St I{}~ .~-. . 8' OAK Lx I 1 ~ 12' OAK O ~... F ~~ 1 ~ ,p~ ^. I _..~ 24' OAK ~~" 1 b 1 o _ ~~ 14' OAK 14' OAK r~ p 7 ~. ta" W1K Y~, ~ 3-10' AK 16' OAK ~ •~- " 1 OAK ~ ~ - t4 OAK 2-12 tMK tB p 14" W1K ~ o w tia' oAK o ;~ V G7 N ~,., 4' OAK _ ~ ~ U 4" OAK ~ wad 16'. OnK U f~ 6" OAK 1 0 I ~^ ro ~'`fc~ ~ ~ ~ \ O+UC te` OAX l~ `jy ~~ ~ BLOCK 1 ~ ~ m x p~ ~ LOT 2 x-16" oAK ~~ ~ ! N ~ ~ ~ 43,693 Sq. Ft. ~ '~~ ~ N ~~•,p ... , ~ °"' 1.0 ACRES ~- ~ 4,0~` __.~. ;,.~l~t~ ~~ .. S ~ 6' OAK ~ ~ ~+ - t ft ~ 1e<' o x ~ " ~ 49.3' .; ,~ ~ ~ N 51.0 CO so• OAK 76. e" OAK ~ to g6 .~ _~ 1a' OAK ~ :._ ",,. i(t` Ax is' o PROP °'ut av" oAx ~ ~ MOLOVI HOUSE '~' .~ 20- -~ 7: 5 678. ~ r ~ 18" oAK ~ o ,.,., -; ~ X91,4 22" OAK ~ 5{1.4 _. (~ ~~E -~ "y COV'D PORCH a• oAK ~ / a ~ F~~7,; ~ - fG?7~ _,~ S t~; ~ 3-t OAx t2' OAK POwE+; - s'a.E a~< ~ °D{ 10' JO' ~.r, _ ta" 14' CEDNi ~~ _ O 2_12" OAK ~~ ,z c .K ~ ~ ~ - bAx ,D' o~ • . 1e' oA _ _ °~. o.a' ^ F N67S,7 ' onxl n. z' ~~ ~ / CONC / 0' o ~ CNAR1 fFM(~ ~ ~ ~ i ~ CONG ~:~ ~2 OAK. o ~ DRIbE I 1 OAK t0' OAK ~~ 18" S' ~, ...~._ ~• PJ /( RF ~^ oM O/N ~ ~ r PpOI~E /4" OAK 17" pAK " I _6 ' qF~ BETTINGER AD R.o.w> vt+~ ~ f x N Portion of the Supplemental Sidewalk Map ~. ~.~ ~ m t ~ ~ - ~ ~ . ._._ a .,.... __ ~ ..., rn ~ ~~ , _. E ~ .~.~r W .... ... e . ~ I ~ ~.~ r ~ Site ~ ~~ ~ ~' - . _-_ _.~. ~ ~ I ~ I 6216 ~~~EI r~~(T~:E ~'= ~'~':~' H(TEt C ____ ~ i ,~ Q Required Sidewalks (between d' & 6' in Wid Existing and Proposed Trails {between 8" & 12' in Wdttl7? -~~_°~ Cattonbelt Trail (1t3' Walk connect Grapevine and Hurst - -Private Walking Paths {May be any size) Sidewalks NC?T Required Escrow Caption far Sidewalk h~lunicipal Locations ~;-f Parks ~, ,: ~ Schools Water Features ------ City Ln-~t -~-;- Raiiroad CJ W z w 3 /~1 o 7. ~, k O O o r' N (~ ~l ~ ~ ~/ o L O O ~ O ~.^, ^ ~i.i z :~ n, •W ,© M t'J Z ~ O U ~ O ~ ._ ~ ~ ~ Q Z ~ ._ z N O v o ~ W o ~ ° o ca o~ ~ ~ N o. ~ ' ~ z ~ ~ .~ ._ ~ ~ .~ N .~ Z - Z . ~ N O U - ~ ~,~~ City of Colleyville ~~ City Hall 100 Main Street -~' Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 09/14/2009 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a sidewalk waiver request on Lot 1, Block 1, HEC Addition and Lot 1 and 2, Block 1, Garden Addition located at 5405, 5503 and 5505 Pleasant Run Road, Case GC09-015 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission Title Approval of a sidewalk waiver request on Lot 1, Block 1, HEC Addition and Lot 1 and 2, Block 1, Garden Addition located at 5405, 5503 and 5505 Pleasant Run Road, Case GC09-015 Explanation First Baptist Church Colleyville is requesting a waiver to the construction of a sidewalk/trail for the new structures located at 5405, 5503 and 5505 Pleasant Run Road. Summary. First Baptist Church of Colleyville is constructing a new 14,000 square foot building addition at 5405 Pleasant Run Road. The church is also intends to construct three sand volleyball courts at 5503 Pleasant Run and a new brick monument sign at 5505 Pleasant Run. All of these additions are considered new principle structures according to the Land Development Code and, therefore, the properties on which they are located must construct new sidewalks or trails where none currently exist. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Pleasant Run Road - on which the subject property is located -construction of a ten (10) foot wide trail is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waivers to the new Supplemental Sidewalk System Map and Land Development Code regulations. City of Colleyville Page 1 Printed on 9/11/2009 Agenda Briefing Continued The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver -This action would waive trail construction, which is required by the Supplemental Sidewalk System Map. (2) Deny the waiver -The applicant would be required to build a trail on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow -The Planning and Zoning Commission may require payment into escrow in an estimated amount of $30,750.00. District Neighborhood. If the Planning and Zoning Commission determines that the applicant is responsible for paying into escrow, the monies received will be available for any future sidewalks or trails located within District Neighborhood #5. Recommendation Staff recommends that construction of a trail be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 9/11/2009 Location Map fbccolle ille your place to thrive August 24, 2009 Ron Ruthven, AICP Interim Community Development Director City of Colleyville Community Development Department 100 Main Street Colleyville, TX 76034 Mr. Ruthven, Pursuant to the requirements of a variance, we respectfully request that the construction of a 10' wide trail fronting the First Baptist Church property at 5405, 5503 and 5505 Pleasant Run, be waived for the following reasons. 1. In the Colleyville Pathways Plan Sepfember--2005, under the heading Plan Implementation, under the sub-heading Retrofrtfing Existing Developments, it states that "adjacent to existing streets where there are no curbs, which is the case along most of the collector roadways In Colleyville; it is generally not wise to Install a sidewalk, especially where there are open ditches for accommodating drainage from storm-water runafP'. This statement describes the existing conditions fronting the church properly on Pleasant Run (see attached photo). !n essence, the code is advising against installing a sidewalk in this particular location. 2. The right-of-way along Pleasant Run is insufficient to accommodate a drainage ditch and 10' trait with 5' buffers on each side (Re: Colleyville Pathways Plan, heading Future Trails 1Uetwork, sub-heading Trail Systems Desu~rlption, item 15) (see attached plan}. 3. The church property trail would have no connection to any other trail or sidewalk on either side of the property and therefore, would appear to be a sidewalk to nowhere with the only other 10' trail on Pleasant Run approximately .37 miles to the north. The church plans to construct a 14,000 s.f. youth building behind the exiting administration building at 5405 Pleasant Run. Adjacent to the youth building, 3 sand volleyball courts are proposed for 5503 Pleasant Run and a brick monument sign is proposed for 5505 Pleasant Run. Your consideration to this request is greatly appreciated. Should you have any questions, please feel free to contact us. Sincerely David Sylvester ~~ Executive Pastor First Baptist Chu Colleyville 5405 Pleasant Run Road, Colleyville, Texas 76034 • Phone: 817.281.4158 Fax: 817.281.5749 • www.fUccolleyville.com T VJ w o a. '~ ~, x O ~ O N (~ ~ o ~ ~J o L O .Q O ^ i o z ~ ~- .~ o ~, Z L O U ~ i ~ ~ ~ ' O ~' ._ ~ ~ Z .~ z -CV O . 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City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 09/14/2009 Agenda No.: 7c Status: Commision Action Items Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a sidewalk waiver request on Lot 2, Block 1, Hunter Addition located at 6005 Hunter Lane, Case GC09-016 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission Title Approval of a sidewalk waiver request on Lot 2, Block 1, Hunter Addition located at 6005 Hunter Lane, Case GC09-016 Explanation Tom and Lori Halverson are requesting a waiver to the construction and escrow of a sidewalk for the new home located at 6005 Hunter Lane. Summary. The newly constructed single family home triggered the sidewalk requirement. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Hunter Lane - on which the subject property is located - the escrow option is available or the construction of a 4 foot wide sidewalk is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waivers to the new Supplemental Sidewalk System Map and Land Development Code regulations. No other sidewalks currently exist on Hunter Lane. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver -This action would waive sidewalk construction and escrow requirements, which is required by the Supplemental Sidewalk System Map. City of Colleyville Page 1 Printed on 9/11/2009 Agenda Briefing Continued (2) Deny the waiver -The applicant would be required to, at a minimum pay the required escrow amount on the property, which is $2,040.00. This option adheres to the Supplemental Sidewalk System Map recommendations. District Neighborhood. If the Planning and Zoning Commission determines that the applicant is responsible for paying into escrow, the monies received will be available for any future sidewalks or trails located within District Neighborhood #5. Recommendation Staff recommends that the escrow of the sidewalk be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 9/11/2009 Location Map -3 ~ 7 63c~1 6~1~ 62 611a * ~~ ~. b'113 1 t~~~za~ ~~~~ ~i~y Site ~~~~~ 62t s~f~ s~ar~ ~~~o ~ ll ~~~ ~ 61 U 1 60f?1 5G i 8 610E3 6917 fi055 51 ~ 6138 612 l04 800 804 Thomas and Lori Halverson 6005 Hunter Lane Colleyville, TX 76034 Office of the City Secretary Attn: Cynthia Singleton, TRMC, CMC City Secretary 100 Main Street Colleyville, Texas 76034 RE: Request for Waiver of Sidewalk Impact Fee Dear City Secretary, Our street, Hunter Lane, has no sidewalks at all nor do I know of any plans to have sidewalks on Hunter Lane. Our street has no connecting point to any sidewalks on any other street which does have or may have city sidewalks in the future. We were not made aware of this fee when we requested and obtained our original building permit. This original permit included six other `impact' fees, but no mention was made of `sidewalk impact' fees, therefore it is inappropriate that we be charged a 'sidewalk impact' fee at this late stage of the building of our new home. We respectfully request a waiver of this `sidewalk impact' fee at the earliest date possible so that our family may move into our new home on Hunter Lane in Colleyville, Texas. If this must be brought before the city council, please do so at the next scheduled meeting on Tuesday, September 1. Your prompt acknowledgement of this waiver is requested and much appreciated. Since Tom and Lori Halverson Tom -Office: 214-8fi9~5250 Tom -Home: 817-545-1527 RECEIVED AiJG 2 8 209 .. o W z 3 T a. x O O o ~' N (~ ~} o ~ ~J O L O O ~ O 7 Z '~ ~ M z ~ p +r O O U ..L2 .~ ._ i -~--+ ~ ~ ._ 4? Z, . _ Z O CV ~ L1J ~ o .i cfl ~ o °o ~ ~ ~ ~ N o ~ Z ~ ~ ~ cn ~ a~ z z . ~ a~ 0 U Portion of the Supplemental Sidewalk Map ~ ~ ~~~ } ;~; ,. 4 F ~ jKti~' e,'' .. ~~ z ~ site: _ ' ~ r -~~~ ~~ 6005 a _. ,. " ~ ~ ~~ ~~ . ~ ! m~, ~, . r.-.-~..:__~ _. ~.._.~.... r~ i ~. `- __. - ~ ---.F r~~~~~"a' "s~ ~~5~ E {~ 3f` h~t.C~ ~ 3 --_~ . . 3 i _ _ , 333 LJ ~~:~ E{~~L~ LJ ~~ ~ ~ ~,, ,.. ~_.$ .~ .___.~ :~_._._t~ I~gend Required Sidewalks (Between 4' & ~" in Width Existing and Proposed Trails {Between S' & 12' in Width} - ~~ : Cottonbett Trail ~1rJ" Walk connect Grapevine and Hursst~ - -Private Wa~ikng Paths (May bQ any size ak Municipal Locations i ~", Pa31cs ,~Y~ Schools Water Features -- -- City Lirrut. Railroad ~ City of Colleyville 100 Main Street ~.~1.' _ 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: 09/14/2009 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres loca Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Conceptual Site Plan Building Elevations Ordinance 0-04-1484 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission Title Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at 6401 and 6405 Colleyville Boulevard, Case ZC09-010 Explanation Santos Martinez submitted a request to change the zoning of 8.131 acres located at 1801 Industrial Boulevard and 6405 and 6401 Colleyville Boulevard. The applicant is requesting to rezone the property from the ML-Light Manufacturing zoning district, the PUDC-Planned Unit Development Commercial zoning district, and the CC-1-Village Retail zoning district to the PUDC-Planned Unit Development Commercial zoning district. The applicant is seeking the zoning change in order to expand the existing self storage facility, add office and retail uses along Colleyville Boulevard with office/warehouse uses to be located between the self storage units and the proposed office/retail uses. Existing Conditions. The subject property is composed of three lots. The property located at 1801 Industrial Boulevard is platted, developed as Additional Self Storage and is zoned PUDC-Planned Unit Development Commercial, CC1-Village Retail and ML-Light Manufacturing. The property located at 6405 Colleyville Boulevard is unplatted, contains a psychic shop and is zoned CC1-Village Retail and PUDC-Planned Unit Development Commercial. The property located at 6401 Colleyville Boulevard is unplatted, undeveloped and is zoned CC1-Village Retail. City of Colleyville Page 1 Printed on 9/11/2009 Agenda Briefing Continued Platting. The unplatted portions of the subject properties will be required to be platted upon approval of the rezoning request and prior to the issuance of any building permits. Existing PUD Requirements. Ordinance 0-04-1484 was approved in November, 2004 for 1.28 acre portion of the subject property. The ordinance permits the following uses: - A sales office building with four model storage units -Outside storage of recreational vehicles, boats and watercraft - Truck rental - Propane refilling station Although the applicant requests to maintain the provisions of Ordinance 0-04-1484 for this PUD request, the draft ordinance repeals Ordinance 0-04-1484 in order to incorporate additional properties and to include the new standards described below. Proposed Development. The applicant proposes to add four new buildings to the existing self storage facility which consists of twelve buildings. The proposed new buildings include the following: Phase One Construction (as shown on conceptual site plan): -One (1) two-story 18,000 square foot office and/or retail building -Two (2) one-story 20,000 square foot office, showroom, or warehouse buildings Phase Two Construction (as shown on conceptual site plan): - One (1) three-story 30,000 square foot self-storage building Staff recommends that the proposed phase two self-storage building be limited to one-story given the close proximity to residential uses to the south and east as well as the fact that the existing self-storage buildings are one story. This provision has been added to the draft ordinance. Proposed Land Uses. The applicant proposes the following land uses: - Auto, truck or trailer rental - Office showroom - Self-storage - Warehouse - Propane refilling station -Outside storage of recreational vehicles, boats and watercraft -All uses permitted within the CC2-Shopping Center district The applicant states that the hours of operation for the proposed truck rental would be Monday through Saturday between the hours of 8:30 a.m. and 6:00 p.m. and on Sunday between the hours of 9:00 a.m. and 1:00 p.m. General uses will be permitted per each proposed building as indicated on the conceptual City of Colleyville Page 2 Printed on 9/11/2009 Agenda Briefing Continued site plan. The applicant did not provide any details regarding the location of truck and vehicle rental uses or a propane refilling station. Therefore, staff recommends that these uses meet the following special requirements: - The storage of any vehicles and/or trailers related to any automobile, truck or trailer sales operation be located a minimum of 100 feet from SH26 and fully screened from the view of traffic on SH26 such that the vehicle(s) and trailers are located behind a permanent structure. - The location of a propane refilling station must meet the following minimum setback requirements: 100 feet from SH26 and 100 feet from any property zoned or used for residential purposes. Such use shall be fully screened from the view of traffic on SH26 and from any property zoned or used for residential purposes. Any screening methods shall meet the requirements of the Land Development Code. These provisions have been added to the draft ordinance. Parking and Access. According to the conceptual site plan 79 parking spaces are proposed for the development, not including the existing spaces along Industrial Blvd. However, based on the total square footage breakdowns for each proposed new building, at least 130 new parking spaces would be required to be provided, notwithstanding the storage spaces required for any vehicle or trailer rental sales business. Given the parking shortfall and the fact that there are no opportunities for a shared parking agreement with any surrounding properties, staff recommends that all required parking meet the minimum requirements of the Land Development Code to be determined upon building permit application. This provision has been added to the draft ordinance. The existing self-storage business is currently accessed via Industrial Blvd. The proposed new buildings would be accessed from SH26. The applicant will be required to obtain driveway permits from the Texas Department of Transportation (TxDOT) in order to access SH26. The conceptual site plan shows two points of access from SH26. All required fire lane must meet the minimum requirements of the Land Development Code and the Fire Code. Any gates installed as part of this development shall be installed with an Opticom system and shall meet the minimum requirements of the Land Development Code. Staff recommends that a mutual access easement be required along the entire length of the southernmost portion of the subject property where it is adjacent to property zoned CC1-Village Retail. Additionally staff recommends that mutual access easements be required adjacent to all other properties with frontage along SH26. This provision has been added to the draft ordinance. Traffic Impact. Given that the proposal does not specify a specific breakdown of uses by building square footage, the aggregate traffic impact cannot be accurately gauged. Therefore staff has broken down the potential traffic impact by assessing the maximum potential trips generated by the development versus minimal potential trips generated. City of Colleyvllle Page 3 Printed on 9/11/2009 Agenda Briefing Continued According to The Institute of Transportation Engineers publication Trip Generation, an 18,000 square foot shopping center would be expected to generate 774 trips per weekday, on average. Additionally, 40,000 square feet of general office space would be expected to generate 440 trips per weekday, on average. Based on these averages, a development composed of 18,000 square feet of retail shopping center and 40,000 square feet of general office would add approximately 1,214 vehicle trips per day to the surrounding roadways. This is a maximum estimate. If the 18,000 square foot building were split evenly between retail shopping center and general office uses, the total trips generated would be 486 trips per day, on average.. Conversely, if the 40,000 square feet office uses were used strictly as office showrooms, the total trips generated would be 200 trips per day, on average. Based on these averages, the minimum estimate of traffic impact would be 686 trips generated by the development. Therefore, barring the submittal of a comprehensive traffic impact analysis as a requirement of this development, staff recommends that the development contain no more than 9,000 square feet of retail use and 9,000 square feet of office use with the remainder of the proposed development square footage to limited to office showroom, warehouse and self-storage uses. This requirement would ensure that the development does not exceed 1,000 trips per day. This provision has been added to the draft ordinance. Open Space. The Land Development Code requires a minimum of 20% open space for a PUD-Planned Unit Development district. According to the conceptual site plan, this development proposes an open space area equal to 11.1 % of the total development, which is 8.9% below the minimum requirements of the Land Development Code. Landscaping and Buffering. The applicant proposes a five (5) foot landscaped buffer along the entire southern property line and along the eastern property line where it is adjacent to property zoned or used for residential purposes. The applicant proposes to plant evergreen shrubs within the buffer per Chapter 4 -Landscaping and Buffering in the Land Development Code. According to Chapter 4 -Landscaping and Buffering, a 20 foot greenbelt is required to be located along SH26. The conceptual site plan does not indicate this greenbelt. Staff recommends that the greenbelt be required to be installed along with all other required landscaping per the Land Development Code. Fences, Walls and Screening. The applicant proposes to construct an eight (8) foot masonry fence along all property lines adjacent to the existing residential properties. This meets the minimum screening requirements of the Land Development Code. Lighting. All lighting including parking lot, building and security 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. This provision has been added to the draft ordinance. City of Colleyville Page 4 Printed on 9/11/2009 Agenda Briefing Continued Exterior Building Elevations and Design. The applicant has provided proposed building elevations for the new structures. These elevations have been added to the draft ordinance. In addition to the proposed elevations, staff recommends that all buildings meet the minimum design requirements of Chapter 6 -Building Design in the Land Development Code. Additionally, staff recommends that, as required by Ordinance 0-04-1484, all building exteriors be composed of a minimum of 75% masonry materials. Finally, staff recommends that the colors of the both the roofs and the exterior walls of the new buildings be of a medium to dark hue of brown, black or maroon, where a natural stone or brick color is not displayed. These provisions have been added to the draft ordinance. Sidewalks. According to the Land Development Code, based on the recommendations of the Supplemental Sidewalk System Map, a minimum five (5) foot sidewalk is required to be constructed along Colleyville Boulevard and Industrial Boulevard adjacent to this development where none exist. All sidewalks and trails must be installed and/or improved when any new structures are built. Drainage. The developer has submitted a preliminary drainage analysis of the site. This analysis has not been accepted by the engineering department as it does not account for the impact created by the Villas at Oak Pointe development to the south of the subject property. Construction plans for drainage improvements will be submitted as part of the platting and building permit process. Lot drainage will be required to meet the minimum requirements of the Land Development Code. Master Plan. The Colleyville Plan designates this property for future industrial, retail and office uses. Based upon the conceptual site plan, the proposed zoning request would essentially be in compliance with the future land use plan. Surrounding Properties. The surrounding properties represent a variety of uses. The properties to the north and west are zoned ML-Light Manufacturing and CC-1-Village Commercial and are developed with offices, retail and warehouse facilities. The properties to the south are zoned PUDR-Planned Unit Development Residential and are developed as townhomes and single family residences. Properties to the east are zoned ML-Light Manufacturing and AG-Agriculture and are developed as warehouse and light manufacturing uses as well as a single family residence. Public Notification. Staff mailed notices to 52 adjacent property owners within 200 feet of the subject property regarding this request. Notice will be published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. City of Colleyville Page 5 Printed on 9/11/2009 Agenda Briefing Continued Recommendation Approval, with the conditions stated in the draft ordinance. City of Colleyvil/e Page 6 Printed on 9/11/2009 Location and Zoning Map AG ~31z PUDC 6128 Sites PUDR 1732 8128 6220 ~' 6117 6212 2003 2008 2007 2004 zaa2 2003 200 2000 2Ck0 AG R20 2001 003 6304 .~ ,~ ~ 6304 6210 52i6 62'5 x,212 s3} ~3~a 63~s ~~~ 8212 8901 8215 8210 x211 ~s2as s21s E211 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Boulevard Animal Hospital Pc 6413 Colle ville Blvd Colleyville TX 76034 006413 Colleyville Blvd Combined Enterprises 1802 Industrial Blvd Colleyville TX 76034 001800 Industrial Blvd Sparks Southwest Inc 1804 Industrial Blvd Colleyville TX 76034 001804 Industrial Blvd Geneva Realty Management 1808 Industrial Blvd Colleyville TX 76034 001808 Industrial Blvd Dica Properties Ltd 1812 Industrial Blvd Colleyville TX 76034 001812 Industrial Blvd Ingram, Beverly 212 Stratford Ct Hurst TX 76054 006409 Colleyville Blvd Shafipour, Foad Mark 1009 Turnberry Ln Southlake TX 76092 006407 Colleyville Blvd Lam, Conner 1280 Post Oak Trl Southlake TX 76092 006312 Colleyville Blvd Luers, Dennis R 1419 Thistlewood Ln Grapevine TX 76051 001901 Industrial Blvd Land, Brad 813 Holly Ridge Ct Keller TX 76248 001813 Industrial Blvd Horn, Billy J 2604 Fm 514 Yantis TX 75497 001809 Industrial Blvd Tierney, Thomas A 1709 Industrial Blvd Colleyville TX 76034 001709 Industrial Blvd Yard Art Inc 3250 Story Rd W Ste 108 Irving TX 75038 006407 Colleyville Blvd # C Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville TX 76034 006306 Wyatt Dr Derrick Malone 6301 Colleyville Blvd. Colleyville TX 76034 006301 Colleyville Blvd teresa G & Delmer Spann 6301 Kingston Colleyville TX 76034 006301 Kingston Dr Vh Properties Lp 1616 Pecan Crossing Colleyville TX 76034 006312 Brazos Ct Vh Properties Lp 1616 Pea Colleyville TX 76034 006308 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 002041 Fountain Pass Dr Kac Colleyville Jv 4008 Cochran Heights Ct Dallas TX 75220 6255 Colleyville Blvd Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001619 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001617 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001621 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001625 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001629 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001633 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001637 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001641 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001721 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001725 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001729 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001733 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001737 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001841 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001845 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001741 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001821 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001825 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001829 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001833 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001837 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001901 Fountain Pass Dr Bufe, Robert Etux Martha 1509 Tinker Rd Colleyville TX 76034 001509 Tinker Rd Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001905 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001909 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001913 Fountain Pass Dr Psj Properties P.O. Box 92481 Southlake TX 76092 006304 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001732 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001601 Pecan Crossing Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001534 Pecan Crossing Dr Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006225 Colleyville Blvd Colle ille Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006221 Colleyville Blvd Santos Martinez, applicant 900 Jackson #640 Dallas TX 75202 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley Statement of Planning Objectives Colleyville Boulevard, between Industrial Boulevard and Oak Point Drive The property owner seeks approval of a conceptual development plan for a new planned development district. The new district would incorporate an existing PUD-C and amend the commercial zoning along Colleyville Boulevard. The current uses and structures will remain on the property while detailed development plans are developed. Currently, most of the uses are operating on a one year lease while this project is under consideration. The proposed planned development district would allow retail and office uses along Colleyville Boulevard. These uses would be consistent with a CC-2 zoning district and limited to the area identified as phase I. A conceptual design of a two story 18,000 square feet of office and retail uses is proposed within this portion of the property. The remainder of phase I abuts an existing self-storage warehouse facility. This includes RV and Boat storage. This conceptual development would transition into this existing use with office warehouse and office uses. The conceptual plan would allow for two buildings at a maximum of 20,000 square feet each and one story in height. The owner has listed a transportation use toallow a U-Haul Truck Rental tenant to operate within phase I. The truck rental use would operate Monday thru Saturday between the hours of 8:30 a.m. to 6:00 p.m. It would operate on Sunday between the hours of 9:00 a.m. to 1:00 p.m. The owner also seeks to retain the retail sale of propane within phase I. Phase II of this conceptual plan would be a continuation of the self storage use with one new building. The owner is providing at least forty-five feet between this new storage building and the existing self storage units. Afire lane and five foot landscape buffer will be maintained around the other portions of this new construction. This conceptual plan identifies an eight foot solid screening wall between all warehouse and storage uses and the adjacent residential development to the south. An eight foot solid screening fence is maintained along the south property line in conjunction with the existing self storage units. Afire lane designed to service these existing and proposed structures impacts the placement of additional landscaping areas. The property owner seeks to maintain a five foot landscape buffer adjacent to a new screening wall. Landscape requirements for evergreen plants or trees will be maintained along this property line for phase I and II. A detailed development plan will be prepared and forwarded for approval prior to any development on the property. Any additional drainage and engineering details will be provided in conjunction with a detailed development plan. Allowable Uses in New Planned Development District Permitted Land Uses The following land uses shall be permitted within this PUD-C, provided the layout of the buildings and uses are consistent with the site plan shown on Exhibit _ 1. All uses identified within a CC-2 zoning district. 2. Auto, truck, or trailer rental 3. Office showroom 4. Self storage facilities (mini-warehouse) 5. Propane refilling station 6. Outside storage of recreational vehicles 7. Outside storage of boats and watercraft Landscapins and Fencine a. The developer shall construct a five (5)-foot wide landscaped greenbelt adjacent to the south property line. The greenbelt shall contain evergreen plat material, of five (5) gallon in size, planted on thirty-six (36) inch centers in accordance to city code. b. The developer shall construct an eight (8)-foot tall masonry fence adjacent to the south property line in accordance to Exhibit _. The new fence shall match the existing 8-foot screening fence. General Development Criteria a. The regulations for the CC-2 zoning district shall be applicable to this PUD-C for the area located within phase I. The regulations for the ML-Light Manufacturing zoning district shall be applicable to this PUD-C for the areas located in Phase II and labeled existing self storage. Conceptual Site Plan ~\. N` ~ -~ y .~ ' $ .' ~.,; e~ €~ jIl yl~~~iE~ o t, m a ~~ s ~i~~~t N e Its I~~~O~ °m I : ,~~ ;~~-~ o ~ ~ 1~ a.W ~ 1~2 o -I m ~ t i~m ~A ~ ~~N rm 1 1~ ~~ V ~~ ~ ` ~~ ~~~ ~~~ ', ~a "~ . ~~~y'~ ~~,~ ~~ s ~@ ti i ~~ `'`~-~.~, ~'` ~ ~'^~ .~~,~14i V ~~ W ~f _ ~, ~ __y a s"~~ a ~~F~ OCR -_ ~___._.~,~___ _---_.~.._~i0 4 `D ~~~~~~ ~~ ~~ W ~ a~~ ~ ~,~-~.-.__~ __~~ ~___ __ , ~~ ~ 0~ ~ ~ ~ ~ - ~ __ i ____ -- - m - - o0 ~ ~ ~ ~-> ~~ ~ a O ~~.. _. =% ~,_ ~r ~ +OY '~i i~j f 1 > i n' ~ I~~ ~ ~~ ~ ~, D m y ~ ~ ~~~~ ~~ ~- ~~~ ~ ~=~~ ~ ~~ ~~~~z ~~ ~ __ .._._..__._..__ _.~ _ ~ ~ a ~~ f ~~~~ _~.... .. _ , , ~ : ~A~ ~~~ E ~ _ E ~ l ~ t _ .._..._. .___....... . _ _. __....._ .. ~ _ ..._._ _...__.. .._ .. ~ m~ j _.e ......... _ . _ ...~... ..> ........ ....... _ ........ s..., e ................... ........... . .... .AUrc T W ~7 a ~ndY V C' ~ ~...___... __.__._ _. Q. ~•~ ~ ~ '~~ + ~~y[)(j Z ~ }3yv } ~BF~v ~ Dln I j ~ __.~... ~ Q ""' "' - ~ € ~ ~ Z gym, , ~ ~ ~ @4 ~~ R Building Elevations ~.\ ,~ I ~ _ ~. ,n_ ~, X10 ~~~ ~ ~ n O ~, ~ rit ~; _ ~ I1Q ,~ .. ~n ~~ '£ ~ - o _ m r _ trsl ~_ ® z ~v r ,~ T rn O ~ m ~ m _ ~ ., ', g y ' ~ __ -. ,~ ~ ". xr m O __ _, i m I D n __. _, ~ -- __ ~~©~ `~ , ,; ~~0 i~s~_ 3'~ _ _. ~ ~_~~~ g - ' {,~ ~ ` '~ ~~ ~ ~ '~ 1 i (~} ~~~A v ~ , ~p~G~ l~~ ~~z~m ORDINANCE 0-04-1484 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.28 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL AND CC1 VILLAGE RETAIL COMMERCIAL DISTRICTS TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Additional Self Storage, Ltd., on August 30, 2004, under Case No. Z-04-031, and WHEREAS, the City of Colleyvil{e has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on the attached Exhibit "B", by changing the zoning of said property from the AG Agricultural and CC1 Village Retail districts to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for an office and a self storage facility as specifically stated in this ordinance. Ordinance 0-04-1484 Page 2 of 4 b. This property is subject to all the regulations contained in the Cotleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED LAND USES The following land uses shall be permitted within this PUD-C, provided the layout of the buildings and uses are consistent with the site plan shown on Exhibit "C": (1) One monument sign constructed in accordance with the sign regulations contained in the Land Development Code (2) Asales-office building, with four model storage units (3) Customer parking (4) Paved surface for ingress and egress (5) Outside storage of recreational vehicles (6) Outside storage of boats and watercraft (7) Truck rental (8) Propane refilling station 3 CONCEPTUAL SITE PLANS. PLATTING AND PHASING OF DEVELOPMENT a. The arrangement, location, and footprint of buildings within this PUD-C shall be generally as shown on the attached Exhibit "C" and Exhibits "D1-D2". b. The building elevations of the sales office and model storage units shall be generally as shown on the attached Exhibits "D1- D2". c. No development permits for any additional structures or uses within this PUD-C shall be approved except by a subsequent amendment to this ordinance which has been approved by the City Council in accordance with the procedures and requirements of the Colleyville Land Development Code. d. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. Ordinance 0-04-1484 Page 3 of 4 4. LANDSCAPING AND FENCING a. The developer shall construct a five (5)-foot wide landscaped greenbelt adjacent to the south property line. The greenbelt shall contain evergreen plant material, of five (5) gallon in size, planted on thirty-six (36) inch centers in accordance with Exhibit ~,C,. b. The developer shall construct an eight (8)-foot tall masonry fence adjacent to the south property line. The new fence shall match the existing fence. The fence shall be constructed up to the security gate entrance, as shown on Exhibit "C". 5. GENERAL DEVELOPMENT CRITERIA a. The regulations for the ML Light Manufacturing zoning district shall be applicable to this PUD-C, except where modified by the provisions of this ordinance. b. The thirty (30)-foot wide portion of the property shall be used only for driveway access, customer parking and asales-office building. This area shall not be used for the parking or storage of rental trucks, recreational vehicles or boat trailers. b. The location and width of all fire lanes shall be approved by the Fire Marshal. c. The exposed exterior walls of the office building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. The building design shall be generally consistent with the conceptual building elevations, attached as Exhibits "D1-D2". d. The outside storage area for recreational vehicles, boats and watercraft shall contain no more than forty (40) covered parking spaces. e. Not more than eight (8) trucks for rental shall be parked or stored on the property. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined 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. Ordinance 0-04-1484 Page 4 of 4 Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. 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. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. first reading and public hearing being conducted on the ~~ day of 2004. The second reading and public hearing being conducted on the ~'~ day of 2004. ~; ~~ ~ ATTEST: ' Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: ,~.~ 1~ Ro s T. Oster City Attorney OF CO doe Hocutt Mayor EXHIBIT A -ZONING MAP PU -C o-02-~ 0-99-1157 o-oa1211 C 11 yvit ,o ao2-~ v d ~ P r a ~v L ~o r O- 12 v~ EXHIBIT B -METES AND BOUNDS DESCRIPTION ADDRESS: 6405 Colleyville Boulevard, COI,LEYVILLE Texas. LEGAL DESCRIPTION TRACT 1 (FROM AG TO PUD-C) BEING a portion of the A. J. LOTT SURVEY, Abstract No. 963, in the City of Collayville, Tarrant County, Twras, and being that same tract of land conveyed to R K Reynolds by deed recorded in Vohune 6435, Page 122, Deed Records, Tarrant County, Texas, described by metes and bounds as follows: BEGINNIIVG at a 1/2 inch steel rod for the northwest corner of said R. K Reynolds tract and being the northeast wmer of Lot 1, Block 1, TINKER CROSSING, an addition to the Chy of Colleyville, Tarrant County, Texas, as recorded is Cabinet B, Slide 1364, Plat Records, Tarrant County Texas; 'THENCE North 88 degrees 34 minutes 32 seconds Eaat,157.41 feet to a S/8 inch steal rod found; THENCE North 88 degrees 37 minutes 00 seconds East; 127.41 feet along the common line witb Lot R 141, Block 1, COLLEYVII.LE IIVDUSTRIAL PARK, an addition to the City of Colleyville, according to the plat recorded is Vohtme 388-190, Page 14, Plat Records, Tarrant County, Texas, 124.71 Poet to a 112 inch steel rod found; THENCE continuing along said Lot R-141, Swth 00 degrees 23 minutes 07 seconds East, 162.47 feet to a 1/2 inch steal rod set capped T. Vogt in the south line of avid A. J. LOTT SURVEY, THENCE along the south line of said LOTT SURVEY, South 89 degees 54 minutes S4 Seconds West, 293.14 feet to a 112 arch steel rod set capped T. Vogt; THENCE North 03 degroea 37 minutes 13 seconds East, passing at 29.86 feat a 112 inch steel rod for the southeast cower of said Lot 1, Block 1, TINKER CROSSING, and continuing along this east line of said Lot 1, Block 1, for a total distance of 157.93 feet to the POINT OF BEGINNING and containing 1.056 acres of land more or less. LEGAL DESCRIPTION TRACT 2 (FROM CCl TO PUD-C) BEING a strip of land described as a road is Deed recorded in Vohrme 6435, Page 122, Deed Records, Tarrant County, Twras, described by metes and bounds as follows; BEGINNING at a 1/2 inch steel rod found for the southeast comer of Lot 1, Block 1, TINKER CROSSWG, ea addition to the City of Collcyville, Tarrant County, Texas, according to the Plat Recorded in Cabinet B, slide 1564, Plat Records, Tarrant County, Texas; THENCE South 03 degrees 37 minutes 13 aecoada Went, 29.86 feet to a 112 inch steel rod set capped T. Vogt on the South line of the A. J. Lott Survey, Abstract No. 963; THENCE South 89 dogreea S4 minutes 54 seconds West, along rho South line of said Survey, 347.32 feet to a 1/2 inch steel rod found in the Southeasterly lino of State Highway No. 26; THENCE North 29 degrees 16 mimrtes 00 seconds East, with said highway, 31.60 feet to a S/8 inch steel rod found; THENCE North 89 degrees 31 minutes 43 seconds East, with the South line of said Lot 1, Block 1, TINKER CROSSING, 333.77 feet to the POINT OF BEGINNING and containing 0.2239 acres of lead, more or lass. EXHIBIT C -CONCEPTUAL SITE PLAN ~ti 'dts .4~3 ~z7•~i N.z\ ~.i~~ Y :. ~~ ~~ } re F 'T ~~ • t :u ---~-a.. _ ,~ •~ _ ~,;:, ~ ;, `s .r )f. 1 a ~. ~ J '~ ; ~ 2 l ~ ' I 1 ~ ~'• t' :~ ~- .~ _ ~!r ~~ r r '.f ~ _. ,,... ~ ~ ~ ~ ~ w 9-_ ..n.~ ... _ ~' rat riot ~ r# ~ ~ . d ~ ~, ..~r c: ;,? :' ' r, ;~.y ,. ' „~ ~., .~`1 . . , ' ~ ~~; .iris, '. ,i .r ; . F .p: ,~. "~.. ~. ;^'~ ~~: ' ,~ ! t ; ,< ~ i .. `~ ,; `s : ~, _ ~, ~,: : . ; ~,~ t; ~. ~ n ui x `..--~ ; sue. r~. ~ \=_c ~`~~.~.. `y. r 1 *c. oa EXHIBIT D1 -CONCEPTUAL BUILDING ELEVATIONS a-e ~ . __ S ~ ~ ; , . ~~ _. ~ ~ ~ ' • j ri ~') ..__.. Q ! 0 ~ 1, } i Iv ~ O ~ ~ ~ ' V 1I ~~~ i J ~ ~ `'I ~ i , -~ ' ~i ~v t f ~ S 7 ~:'~ ~~ ~ Z'.'. ,Q ~ „~ ,. ~~, ~, ~ ~ + _ ~; ~ ~ O . ~~~ ,__ ~ ~:..__. u ,m , a 1 ~ ~ WW i ~ ^ 1 () ~ X11 ~ 0 ` dr'~aa LL ~ ~ ~~ n ~ ~ . ui : .~ L i1., LL ml w) ~ ~ ~~ QQWW V~ ~ ~ ~ ~ ~~ a° 9~°s 99~ i ~ ~ ~ ~ ~~ . ~~ ~ ~ ~ ~. ~~~ 1 ~ ~ ~~ f f~~ ~~~ ~~ } ~~~- EXHIBIT D2 -CONCEPTUAL BUILDING ELEVATIONS 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 ORDINANCE 0-04-1484; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACTS 2B AND 2B02, ABSTRACT 963 OF THE ABSALOM J. LOTT SURVEY AND LOT R-14-2, COLLEYVILLE INDUSTRIAL PARK ADDITION FROM THE ML-LIGHT MANUFACTURING DISTRICT, CC1-VILLAGE RETAIL 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. ZC09-010; and WHEREAS, Ordinance 0-04-1484 is hereby repealed in its 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 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 Ordinance 0-09-xxxx Page 2 of 7 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 Tracts 2b and 2b02, Abstract 963 of the Absalom J. Lott survey and Lot R- 14-2, Colleyville Industrial Park Addition from the ML-Light Manufacturing District, CC1-Village Retail district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A" and "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinance 0-04-1484 is hereby repealed in its entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for retail, office and self-storage uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the conceptual site plan attached as Exhibit "C". Ordinance 0-09-xxxx Page 3 of 7 b. All subject properties that are not platted as of the passage of this ordinance shall be platted in accordance with provisions of this ordinance and the Land Development Code prior to the issuance of any building permit. 3. PERMITTED AND PROHIBITED USES The following land uses shall be permitted within this Planned Unit Development: 1. All uses permitted in the CC2-Shopping Center district 2. Auto, truck or trailer rental 3. Office showroom 4. Warehouse 5. Self-Storage facilities 6. Propane refilling station 7. Outside storage of recreational vehicles, boats and watercraft The permitted land uses shall be allowed on the subject properties per the use designations labeled on the buildings shown in Exhibit "C". 4. BUILDING LAYOUT AND USE SPECIFICATIONS a. The following new buildings shall be allowed as described below and depicted on Exhibit "C": Phase One Buildings Building One -Maximum Size: 18,000 square feet Permitted Uses: Retail and General Office Maximum Retail area: 9,000 square feet Maximum Office area: 9,000 square feet Maximum Height: Two story, 35 feet 2. Building Two -Maximum Size: 20,000 square feet Permitted Uses: Office Showroom, Warehouse Maximum Height: One story, 35 feet 3. Building Three -Maximum Size: 20,000 square feet Permitted Uses: Office Showroom, Warehouse Maximum Height: One story, 35 feet Ordinance 0-09-xxxx Page 4 of 7 Phase Two Building 1. Building One -Maximum Size: 15,000 square feet Permitted Uses: Self-Storage Maximum Height: One story, 35 feet. 5. BUILDING DESIGN a. All building designs shall be generally consistent within the elevations shown in exhibit "D". b. Building designs shall meet the minimum articulation requirements of Chapter 6 -Building Design in the Land Development Code. c. For any new buildings, exterior building colors, including roof-tops, shall be of medium to dark hue of brown, black or maroon. Otherwise, exterior colors shall match the natural color of the stone or brick construction. d. The exposed exterior walls of all buildings must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. 6. PARKING a. All parking shall meet the minimum requirements of the Land Development Code. 7. LIGHTING a. All lighting including parking lot, building and security 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 developer shall construct a five (5) foot wide landscaped greenbelt adjacent to the south and east property line adjacent to existing residential properties. The greenbelt 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 36 inch centers. Ordinance 0-09-xxxx Page 5 of 7 b. Except where noted above, all required landscaping shall meet the minimum requirements of Chapter 4 -Landscaping and Buffering in the Land Development Code. c. This development shall provide a minimum of 11% of open space. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Industrial Blvd. where none exists prior to the issuance of the certificate of occupancy for any new structures. b. A minimum five (5) foot sidewalk shall be constructed along SH26 prior to the issuance of the certificate of occupancy for any new structures. 10. FENCES AND SCREENING a. A minimum eight (8) foot masonry fence shall be constructed along the south and east property line adjacent to existing residential properties prior to the issuance of any certificate of occupancy. 11. GENERAL DEVELOPMENT REQUIREMENTS a. The thirty (30) foot wide southernmost portion of the property shall be used only for a fire lane. This area shall not be used for the parking or storage of rental trucks, recreational vehicles or boat trailers. b. The location and width of all fire lanes and the installation of any gates shall meet the minimum requirements of the Land Development Code and the Fire Code and shall be approved by the Fire Marshal. d. The outside storage area for recreational vehicles, boats and watercraft shall contain no more than forty (40) covered parking spaces. e. Not more than eight (8) trucks for rental shall be parked or stored on the property. No vehicle, truck or trailer rented as part of a rental operation may be parked closer than 100 feet to SH26 and shall be fully screened from the view of traffic on SH26 such that the vehicles/trucks/trailers are located behind a building. Ordinance 0-09-xxxx Page 6 of 7 g. The hours of operation for any truck rental operation shall be as follows: Monday through Saturday: 8:30 a.m. to 6:00 p.m. Sunday: 9:00 a.m. to 1:00 p.m. h. The location of any propane refilling station shall be setback a minimum of 100 feet from SH26 and a minimum of 100 feet from any property zoned or used for residential purposes. Such use shall be fully screened from the view of traffic on SH26 and from any property zoned or used for residential purposes per the screening methods found in Chapter 3 of the Land Development Code. Prior to the issuance of any building permit for any buildings deriving primary access from SH26, a driveway permit shall be obtained from the Texas Department of Transportation (TxDOT). A mutual access easement shall be located along the southernmost property line where it is adjacent to property zoned CC1-Village Retail as of the passage of this ordinance. Otherwise, mutual access easements shall be located adjacent to all properties with frontage along SH26. If not dedicated as part of a plat, said easements shall be dedicated by separate instrument prior to the issuance of the C of O for any new structure. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-xxxx Page 7 of 7 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map - s5oo 2aas Puoc 6A08 2Q05 6404 2007 3 • ~~ ~ ~I>t£S 2004 ~ 2302 AG 2DD3 1 20Q5 6312 y 2D00 200 ~-~a 5 PUDC R20 ,qoi ~aa~ , ~ ~* 6'x08 631 ~3gp G 6309 fi21~ 1501 1732 P~(~R F3t14 &J05 6212 . d t 63DD 63(}1 612 4125 &220 E 6210 6211 6219 6216 6215 6120 ~ ,r-~ L .6 ( ' 6211 , b215 g21 l 6208 j 6117 6212 EXHIBIT "B"- Legal Description for Unplatted Properties (Insert Here) EXHIBIT "C"- Concecptual Site Plan ~ ~ s .t e~i ~,{ ~A x ~ ' f iF 43 CSC t~~~ s ~74 j "^,. ~ '~ ~ ~ ¢9 r~~, j~~;= ~t ~ 5 ~ ~ ~ ,. _. . . a., ,. - S ~ ~ `. i ~ ~ 1\ ~ ~`` ~ ~i ~ i y I i. ~ ' V 1 - -_._. -----~-~? t ~ ~ ~ i ~ ~_ ~~ a~i ~ -- -- ~ ~ ~ ~; ~ ~ ~ ~ gg apdR ~ . .~ ~ Q j ~ ~ ~ ~• ~~~~~ ~ ~°~ ~ W~ ~~ .. , ~ ~~l!' ! ~~~ ,~ _._ S `~ ~i e „ E T z ~~ t fi - ~~ lM~~;x`` ~ i ~ 1 `I- ~ .E`` n ~' f ~ k ~n ~~f ~ ~ ~ ~ ~ ~ 4 ~If ~4~i ~ ...~ m yid y~ ~~ Y 7 p ~~ ~~ ~ ~ st a~~t c~#g~ ~~"s tey. ~' gg[ nos - cr _ ~ t P ~ t .4 ~ 6 ... +'' r1r 4 G I i ~~ 1 _. .. ~r ¢~ ~-,~ ~ !cPs a~-`° S~ ~"6, ~ Yea, I ' ?~EQ ~ e zz 8 ( ` ; P~ a ~ Y t a ¢ ~ `~ . jj J*'. i ~ r } S EXHIBIT "D"- Building Elevations ~ill~E lj~;~~~ ~i= i~ i~~ I ~ ~~~~ s ~ ~Im ~~~ ~~ ['.il`~ flt ~~ ~-~~yy 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: 09/14/2009 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Attachments: Location and Zoning Map Notification List Zoning Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Explanation James Lafferty submitted a request to rezone 0.5 acres of land located at 406 John McCain Road. The applicant is requesting to rezone the property from AG-Agricultural to R-40-Single Family Residential (40,000 square feet minimum). The applicant is seeking the zoning change in order to create access to an R-40-Single Family Residential (40,000 square feet minimum) portion of his lot in the northeast corner so that the applicant can build a home. Existing Conditions. The subject property is currently platted as one lot. The property is currently developed as a single residential lot that contains an existing home. The current home, stable, and corral area on the property will remain. Lot Sizes. The applicant has submitted an exhibit illustrating the existing property boundaries. The R40-Single Family Residential zoning district requires a minimum lot area of 40,000 square feet, lot width of 150 feet and lot depth of 150 feet. Although irregular in shape, the proposed lot would meet the minimum lot requirements for an R40-Single Family Residential lot and the Land Development Code in general. City of Colleyville Page 1 Printed on 9/11/2009 Agenda Briefing Continued Platting. Upon approval of the rezoning request, the subject property will be required to be replatted in order to create a new lot around the altered zoning boundary prior to the issuance of a building permit. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties represent a small variety of zoning districts within the city. The properties to the north, west, and south are zoned AG-Agriculture and contain single family homes; the property to the east is zoned R-40-Single Family Residential and contains a single family home as well. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters with regard to the request. Summary. The proposed zoning request is compliant with the Master Plan. Recommendation Approval City of Colleyville Page 2 Printed on 9/17/2009 Location and Zoning Map 344 7303 7 7208 7248 7247 7342 7301 7203 7200 7200 AG 7zo7 AG 7244 7204 720b R40 7202 7203 Site 7112 7204 7201 ~~ ~4~ 512 , 7102 7103 446 -~ t~ 304 5 ~+ j !-, UD 44 AG ~ goo 7100 7101 7008 7105 R20 7ooa 7004 .7'1':01 315 AG 405 505 7000 Notification List OWNER_NAME OWNER_ADDR OWNER_CITY OWNER STATE OWNER ZIP SITUS_ADDR Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Moose, Stephen & Brooke 7204 Pleasant Run Rd Colleyville TX 76034 007204 Pleasant Run Rd Trini Ch Center Of Santa Ana 2442 Michelle Dr Tustin CA 92780 007200 Pleasant Run Rd Pa el, Cindy D 506 John McCain Rd Colleyville TX 76034 000506 John McCain Rd Brown, Clifford Etux Linda 508 John McCain Rd Colleyville TX 76034 000508 John McCain Rd Cucci, Steven C Etux Martha W 7201 Monticello Pkwy Colleyville TX 76034 007201 Monticello Pkwy Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Miller, R Scott & Mary B 500 John McCain Rd Colleyville TX 76034 000500 John McCain Rd Scheffe, Scott A 7103 Monticello Pkwy Colleyville TX 76034 007103 Monticello Pkwy Rivera, Arsenio Jr Etux Resy 7101 Monticello Pkwy Colleyville TX 76034 007101 Monticello Pkwy Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 007013 Westcoat Dr Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 000000 Reverchon Ct Dyck, Harry A Etux Estha 7336 Normandy Rd Fort Worth TX 76112 000000 Westcoat Dr Wood, Jane Annette 315 John McCain Rd Colleyville TX 76034 000315 John McCain Rd Stringer, David W Etux Charla 401 John McCain Rd Colleyville TX 76034 000401 John McCain Rd Johnson, Jeff Etux Michele 405 John McCain Rd Colleyville TX 76034 000405 John McCain Rd James Lafferty, applicant 406 John McCain Rd. Colleyville TX 76034 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley. 2oninq Eahlolt g w~ ~ N t Cl +•' Z ag~s °'~~~ ° i e \~~ ~ AC '"`~"'uz i ' %~4~~ ~0\~S _ OF 'fi °z , ~ ~ LEAS IT /tl1N i p YEgg~ I ~. F \ ~ \ ~ gg b ~ - 0~ q' / w \ \ Sp n ~ ,J b~ s \ - '' ~ i •, - ---------------------- ; ~.,:. ~ ~ i ,\\\\ .~__ I ~ m a° ~ 1 t 6 ~ s~ ~ .\ ,,..,' ~ I zz A~ i' ~o`"m > r y~ I~ C~ ^~- E i~ ~ ~ :.r.. p ~ I m N p p m s~ ~z s~°i"nQ~ nay ~~ - - --- ;--- >-'8~$ fm m z= Nm ~0 1 ~, 0 g I ~~ ~~ =y~~ z~~ ° ~ ~ i l I ~N €^~ ~~ spa a°oz ~~ ~~ LI 8± I ~~ ~^ ^~ ~"a =gyp m= ~ ~ Q ~~ I I >o A ~~ -o ~'~ Am ;o= m o R I. ~° ~ m ~~ ~ ~ s ~ I I~ ~ Na I I ~~ ~ ~ '~ I I I e ~ F ~ ~ n ~ I N03°1504"E 0. J °z ~~~ ~ - OF~R = -bLB -_ _- _--~- n' ~ ° - DEL ---- v _ I ~ ^~ ° ; b~~ v - - - - - - $ ~ 8 ~ ? ~ .a•n or+.an. uox . ~ y~i ` ~ ~ ~ I ~ 2 u O O I m~x~ ~ £ ~~' Y ~ sue, "~ I w Ei I, o~n~0 ~ I 7 M o '~o. a ~~ ~ > ~ „,~, lm.llaa~ f~- Ay,'OUl Ida ~ m~~$ ~ 8 g '" I~ I~ I I w 4g = - --- ----- -~~ - ...----- ~ c i z° ~~ ~ ~~ ° ~~ ~~ _ ~ ~ ZONED ~R-40° $ ~~ g ~~ g~~ /~ n ~ ~~$~ ~ ~ ~~ ~ _ $ iT ~ ~ ° s~' tii A4" ~~' ~'~ $i ti~ w~ Nei ~Te `~'~ ~3~ ~y~yi~EF ~~~ ~~. ,~ ~~ g'~^ Lp 'w (~ d~ x~ 9i 3~ 3^m 9~ ~"~ ~'oz dN~S a~ ~ ~3 $g ~~ ~"s gs `s~ ~~ ~~ ~~ yg~ ~~ `~~ RNs °o.o• ;3 ~ S~ ~'~~ ~x ~g °a'3 33 °~ ~3_ 3 ~~ Ea~i Z ~ ^w fQ ~ ~~ ~~ R 30 3~ iq ~: ~ ~ x~~~ ~a~~~ D~~1 r $ $Y e~.. o aY $: Q8 ~ ~ daa° ~~4~~ -o ~o~Q °" a~ ~ cgs ~~ ~~ ~x ~~ ~~ gCo R~ i 3~~~ ~~ qoN Z ~N 3~. a_z $ ~ ~ 33x ~ ~~ ~ ~ $~3 ~y ~.x ~~~m op~-I C~mo ago.e.eFgon..¢.ee}o..«c ~_ x3 -4~ 4q ~w &° e ~ ~ &. ~~ ~°~~ v~ nmy~ On ~ 9Y H ~ ~~ ~ ~ R~ a~ c 3~ no ,~~ ~ R Oy O g~ ~` ~ f ~ z~( ~ Ci7 3 3 ~° ~] ~ N ~~ ~ ~ 2° R~ ~N ~°°~ ~ ~~ ~ o A o m O C/j W ~ ~Ba~as~iih indCd~~~~~~ C ~ ~ ~ ~ ¢ ~ ~ ~ ~ ~ Y 3 ~ s ~3 a ~~'~ :`- mien w e R ~n ~ 8 ~ o ~ sa ~~ .n~~ ,B H ~ 3 a,Q ~~~.°4 gp~F~y~ ~H' s a ~ ~: w $ ~ a a ~ ~N °s~ ~m== i ti F~18 ~ m 1~,,. v 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 AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.5 ACRES ON A PORTION OF LOT 2R, BLOCK 1, OF THE BRIAR CREEK ESTATES ADDITION FROM THE AG-AGRICULTURAL TO R40-SINGLE FAMILY RESIDENTIAL 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.ZC09-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-09-XXXX Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 0.5 acres portion of Lot 2R, Block 1, Briar Creek Estates Addition from the AG- Agricultural zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" labeled Location and Zoning Map and described in the attached Exhibit "B" labeled Metes and Bounds Description. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-XXXX Page 3 of 3 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map 3aa 7303 7 72a8 72a€3 72a7 73a2 73a1 AG 72a~ AG 72aa AG 7200 7207 Site 72a4 720 R40 72a2 7203 71'E2 72a0 7201 5afs ~a8 512 7ta2 PU R 7ta3 Boa 4aS ~ ~ ,1~ ~, ~ ~ ~ ~aa ~~ ~ ' Boa 7iaa 710 PUDF~ AG 7aas 7~0~ ~a~ X05 7ooa 7aa4 3f~ 7ooa 71a1 Exhibit "B"- Metes and Bounds Description FFELD NOTE DESC`RIPTIQI*1 F(7R THAT Pt~RTICIN +(~F I.C~T ?'R SITUATED IN ZC7~NIlVG "AC" ALL of chat certain tract or parcel. of land situated in the ~'. E. CROAKS SUR~'~'~, ABSTRACT NC?. ?95 and the R. B. ~t'1LL1A~'VIS SUR<'EY, ABSTRACT IVO. 1674, Tarrant Coiuity, Texas and lseing L+~t R, Block 1, BRIAR CREED. ESTATES,. an Additioxi to the City of Colley=E-ille, Tarrant. County, Texas as recorded in Cabinet A,. Slide 1718 of the Plat Records, Tarrant Countti~, Texas and bung more particularly described by iuetes and. bounds as follow=s. $ECxI'+Sl'~I'il'~G at a 1?'~ inch steel rod forand for tlxe southeast corner of said Lot ?R.. being the southwest corner of Lest 1R of said Block. 1, also being in the apparent northerly right-of--w=a~= line csf 7olni ~'Ic+Gaui Road (a ~-ariable width right-of-way);. THENCE North 89 degrees ~~ minutes 17 seconds ?Vest with said nQrtherl`- right-of-~~taS= line, 15~6.8f- feet to a 1='2 inch capped steel rod stamped `°MOAK SURF INC" set for the southwest co~x~er of proposed Lot ?R?; THENCE I4csrth t1p degrees {?~ minutes ~~ seconds East departing said right-of-u~ay and ~~-itb the westerly boundaaT line of said Lot ~R2.6+~.00 feet to a l,'~ iYChh capped steel rod stamped `'MOAT{ 51..R'~,' L'~TC" set;. THENCE I"~orth ~~ degrees O~ n~i~nztes CIO seconds East continuing urith said t~resterly boundary line, 160.03 feet w a 1~"2 inch capped steel rod staix~pzd `'Mi~AI~ S13R~:' IN!~-" set; THENCE North O1 degrees ~9 minutes ~~ seconds V4~est continuung u7th said westerly boundary line, 87.47 feet to a 1f~ inch capped :steel rod. stamped "MOAK SL~R~' L'~C"' set;. TI~NCE worth 03 degrees 33 minutes ?~ seconds V4'est continuung with said westerly boundary line, 6°?.64 feet to a 1~`? inch capped steel root stamped `"vIOAK SUR'D' L,1C" set;. THENCE North 03 degrees 1 ~ nunutes 04 seconds East continuing t~=itl said i~esterly bouridari; line, 210.90 feet a 11'?' inch steel rod foBU3d for the northeast carver of said proposed Lot ?Rl THEI`CE Bootle 03 degrees 33 s7unutes ?4 seconds East, at 290.41 feet passing a 1~~'2 inch capped steel rod. stamped "Iv1OA1~: S[.?R~% 1NC" faiiuzd for the northwest corner- of said Lot 1 R and continuing w itla flee c~=esterly boiurdary line of said Lot 1R. in all 27"2.4{1 feet to a 1~ inch capped.. steel rod stamped "~SCfAk SL~t~ 1NC" found; THENCE aouth Cif degrees ~9 nunutes '?4 seconds East contsnunag 1~vidi saki westerly bo~udary hne, L47.33 feet to the place of beginning and containing 0.~64~ acres of land, (~4,~88 sq. ft.) more or less.