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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/12/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnniini ~nllAVViIIr~ ~nrr~ ~ ,~. r~.~~.;» Meeting Agenda Monday, October 12, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~n ~,~ City of Colleyville r~_-_' _ ~ Meeting Agenda 7t!Ma- Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 12, 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 Redfearn 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES September 14, 2009 6. SWEARING IN OF NEWLY APPOINTED MEMBERS David Dudziak, Place 5 Michael Clardy, Place 6 Larry Knox, Place 7 7. ELECTION OF OFFICERS Chairman Vice Chairman Recording Secretary 8. APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 1 Planning and Zoning Commission Meeting Agenda October 12, 2009 10. REGULAR AGENDA ITEMS 10a Approval of a minor plat being 2.4 acres on Tract 1A, Abstract 1248 of the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-011 11. PUBLIC HEARING AGENDA ITEMS 11a Approval of a replat for Lots 1 and 2, Block 1, of the Colleyville Presbyterian Church Addition and Lots 1, 2, 3 and 4, Block 3 of the Southgate Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case PC09-012 11b Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 11c Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 11d Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 12. TABLED AGENDA ITEMS 12a 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 13. AIdJOUReNMENT I hereb~certify tie) above agenda was posted on the bulletin boards at City Hall on Frida ,October ~, 2009 by 9 a.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~A/IA/IA/ n~ll~~niilln n~rv~ _-- ~_~ ,,._ ~... -..d._, ..Y ~}! J(~\:{" Minutes -Draft Monday, September 14, 2009 6:15 PM City Council Chambers Planning and Zoning Commission '~ ~'' City of Colleyville 100 Main Street (~~~ ~ ~~ ~ ~€~ Colleyville, Texas 76034 Minutes -Draft 817.503.1000 ~'`°~~" wvvw.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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 14, 2009 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Jeremy Hutt, Marty Wieder, Sarah Coplen, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Rotthaus. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the July 13, 2009 meeting minutes with the corrections on pages 4, 5, 7 and 8. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly City of Colleyville Page 1 Printed on 10/f~2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to deny the waiver on case GC09-014. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 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 Ron Ruthven presented the case and briefed the Commissioners. Randy Stringer, with the architectural firm representing the applicant, First Baptist Church of Colleyville, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Stringer regarding where is the challenge with the culvert or placement of the trail? Mr. Stringer used the drawings on the overhead to show the Commissioners the issues. Commissioner Redfearn questioned Mr. Stringer regarding where are the new structures going to be constructed, on which lot? Mr. Stringer used the drawings again to show the placement of the new buildings. Commissioner Clardy questioned Mr. Stringer regarding what is proposed on parcel 5405 Pleasant Run Road? Mr. Stringer replied on 5405 Pleasant Run Road, the 14,000 square foot youth building is going to be constructed. Commissioner Dudziak questioned Mr. Stringer regarding if there are any plans for 5505 Pleasant Run Road? Mr. Stringer replied it will be open right now. He stated there are master plans for a volleyball court. Mr. Stringer questioned the Commissioners regarding what is the process for the right of way to be adequate? Ron Ruthven replied there is adequate amount of right of way for the placement of the 10' wide trail along all three parcels between the property line and the edge of the City of Colleyville Page 2 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 pavement on Pleasant Run. He stated there could be issues if Pleasant Run is ever widened. Mr. Stringer questioned if there would be any shared costs? Commissioner Byerly stated that would be an issue to discuss with staff. Commissioner Knox questioned Mr. Stringer regarding if the monument sign is in the right of way or on church property? Mr. Stringer replied the monument sign is on church property. He stated their survey drawings show a 50' right of way, not a 20' right of way. Commissioner Clardy questioned Mr. Stringer if another monument sign is being proposed at the corner of Church Street and Pleasant Run Road? Mr. Stringer replied correct and corrected his statement regarding the current monument sign that is in the right of way. Commissioner Redfearn questioned Mr. Stringer if the new monument sign would include the historical marker? Mr. Stringer replied the monument sign would be for the youth of the church for the youth building. He stated the historical marker would stay. He stated the new monument sign would be constructed with some of the bricks from the old school building. Commissioner Phelps questioned staff regarding if the Colleyville Elementary School put in a new sidewalk by these same guidelines and did they have similar issues with the drainage? Jeremy Hutt stated they incorporated the trail section with the design of their site plan with the school. He stated they moved the drainage off the edge of the street farther inside the property to allow for the trail system to be along the curb. Commissioner Phelps questioned staff regarding if this were escrowed, would the city resolve those issues at the time of the improvements of the road? Jeremy Hutt replied those issues would have to be resolved before the construction of the sidewalk. He stated, for clarification, for the width of right of way, there are stipulations in the Land Development Code for situations like this when right of way is not adequate and the applicant is not required to plat, and the applicant is required to dedicate the necessary pedestrian access easement for the construction of the trail. He stated if the trail required additional land, other than what is available inside the right of way, the applicant would be required to be dedicated by separate document granting the access easement. If the trail interfered with the drainage, the drainage would have to be improved. He stated we would not allow the construction of a trail that supercedes the drainage that is in place. Commissioner Phelps questioned staff regarding if the escrow amounts City of Col/eyvil/e Page 3 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 are based purely upon the cost of the sidewalk? Jeremy Hutt replied correct, not any drainage improvements or land or right of way purchases. Commissioner Redfearn stated the applicant stated there is no connection running north and south. He questioned staff regarding what is the strategic importance of this particular piece of the trail system? Jeremy Hutt stated the Pleasant Run trail is the one of the higher ranked trails on the list as far as the trail system to be built in the upcoming year. He stated this will have the Village connect to the Cottonbelt Trail system. Commissioner Phelps questioned staff regarding why is there a 7' existing sidewalk on the applicant's plans? Jeremy Hutt reported not knowing, possibly approved with prior construction, maybe existing constraints that he is not aware of that would effect the width of the sidewalk. He stated the plans are to have a 10' trail. Commissioner Phelps questioned staff regarding if the trail would be approved without having to come back for approval? Jeremy Hutt replied staff would have the authority to approve the construction of the trail. Commissioner Redfearn states that because of the definitions set forth in the Land Development Code for structure, these parcels located at 5405, 5503 and 5505 Pleasant Run are subject to the sidewalk requirements. Ron Ruthven concurred. Commissioner Clardy questioned staff if the children, who live on Regina Court or in the Village, go to Bransford Elementary School or Colleyville Elementary School? Ron Ruthven replied not being able to give a definite answer, however, having talked with residents who live in the Village state their children go to Bransford and those who live in Regina Court go to Colleyville Elementary School. He stated there is a boundary line in between the two somewhere. Commissioner Clardy questioned staff regarding if there is a sidewalk between Colleyville Terrace and Regina Court? Ron Ruthven replied no. Commissioner Dudziak moved to deny the waiver request on case GC09-015. Commissioner Clardy seconded. Commissioner Byerly stated this is a key section in the trail. Commissioner Phelps concurred. He questioned staff regarding if in denying the waiver are we allowing the escrow option? Commissioner Byerly stated the code recommends a 10' trail which means they have City of Colleyville Page 4 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 the option to either escrow or build the sidewalk. Ron Ruthven replied in this case if the waiver is denied, construction would be required. City Attorney Kallas stated an escrow can be allowed at this point if the applicant desired an escrow. He stated if the request is denied, then the applicant would be required to construct the trail. Commissioner Phelps stated supporting a motion to escrow that way they have the choice to either escrow or construct the trail. Commissioner Redfearn stated being open to allow escrow and help ensure that the right transitions are completed. He stated there may be some issues as to the amount of right of way. Commissioner Byerly stated being of the opinion that it should be built. He stated there will be a trail there eventually; this is a key section to the trail system. Commissioner Redfearn questioned Commissioner Byerly who would be constructing the rest of the trail? Commissioner Byerly stated either the city or redevelopment. Commissioner Redfearn stated if this is escrowed then the city can build this portion as well. Commissioner Dudziak concurred with Commissioner Byerly. Commissioner Redfearn questioned staff if this is denied and the construction is required, what is the time line for the construction of the trail? Ron Ruthven replied the trail would be required to be in place at the time of the issuance of the certificate of occupancy for the building located at 5405 Pleasant Run. He stated with the other parcels, 5503 Pleasant Run Road and 5505 Pleasant Run Road, it would be required to be constructed at the time of final inspection. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Clardy, Phelps, Byerly Nay: 2 -Redfearn, Rotthaus 7c Approval of a sidewalk waiver request on Lot 2, Block 1, Hunter Addition located at 6005 Hunter Lane, Case GC09-016 Ron Ruthven presented the case and briefed the Commissioners. Tom and Lori Halverson, the applicants and property owners, came forward to present the case and brief the Commissioners and stated the mention of the sidewalk requirement should have been done at the time of the permit process. Commissioner Redfearn questioned staff regarding what is the permit City of Colleyville Page 5 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 process and being very clear about the various steps in the process? Ron Ruthven replied the applicant should be made aware of at the time of the issuance of a building permit. He stated the building plans are usually stamped with "Sidewalk Required". Commissioner Byerly questioned staff if the sidewalk requirements are made at the time of the development review? Ron Ruthven replied the developer would have been notified at the time of development review during the replat process. He stated not knowing if these property owners were made aware of those notes. Mr. Halverson stated he has a receipt of all fees paid and stated not knowing of the sidewalk fees. He stated the previous property owner stated they had paid the sidewalk escrow fee. He stated that when they purchased this lot, everything was paid. Commissioner Redfearn questioned staff regarding if the notification was not handed down from seller to buyer? Ron Ruthven replied that seems to be the case. He stated they may have never known if their general contractor did not make them aware. He stated the sidewalk escrow is not collected up front because there is an option to construct the sidewalk and typically, the sidewalk is the last item to be constructed. Commissioner Redfearn questioned staff regarding how would the Commissioners know what has been stamped on the plan? Ron Ruthven replied he would have to research the permit to see if the plans were stamped. City Attorney Kallas stated the issue with whether or not the plans were stamped in not as relevant as it may seem. He stated the statutes in the ordinance require it and therefore you are required the notice of those requirements regardless of what is stamped on those construction plans. Commissioner Phelps stated being in favor of the waiver request. He stated there is no potential for a sidewalk to be built on this street. Commissioner Byerly stated the option to escrow is there so that the money can be used in other areas of the neighborhood district. Commissioner Byerly moved to deny case GC09-016. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Byerly Nay: 2 -Clardy, Phelps City of Colleyville Page 6 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 8. PUBLIC HEARING AGENDA ITEMS 8a 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the masonry requirement is 75 percent of the entire building? Ron Ruthven replied the exterior of the building would have to be 75 percent brick/masonry and does not include windows. He stated this is a requirement of the code as well as the previous ordinance. Commissioner Phelps questioned staff regarding if the conceptual site plan are an integral part of what is being approved, is there a concern that this conceptual site plan does not conform with the minimum code requirements? Ron Ruthven replied staff would like for them to conform with minimum requirements so that they can be outlined in the ordinance especially with areas such as parking. Commissioner Byerly opened the public hearing at 8:05 p.m. Santos Martinez, the applicant, came forward to present the case and brief the Commissioners. Commissioner Clardy questioned Mr. Martinez if the proposed phase II would be omitting the RV parking? Mr. Martiznez replied yes. Commissioner Dudziak questioned Mr. Martinez regarding if he would be willing to do the mutual access easement? Mr. Martinez replied yes. Commissioner Dudziak questioned Mr. Martinez regarding the 20' buffer along SH26. Mr. Martinez replied they would like to do as much as they can on SH26 for obvious reasons. He stated the only concern they may have is maintaining and dedicating the fire lane on the south side and the landscape buffer on the south side. He stated there may be some areas on the south side that can not meet the 20' buffer. He stated they would do what ever they could to enhance the area along SH26. Commissioner Dudziak stated within this concept they will not be able to fulfill the 20 percent open space. Mr. Martinez stated the biggest part of that is the southern portion and with the dedication of the fire lane, they are limited on their space. City of Colleyville Page 7 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 Commissioner Dudziak questioned Mr. Martinez if additional landscaping would be an option? Mr. Martinez replied they are presenting landscaped zones however, he stated they may be able to accommodate. Commissioner Rotthaus stating he concurs with Commissioner Phelps with regards to the site plan not being consistent with the minimum requirements. He stated having concerns with the amount of parking and if there is room to get the additional spaces that are needed. He stated he wanted to see information regarding the drainage concerns. He stated he would like to see this project tabled so that the requirements can be fulfilled. Mr. Martinez concurred and stated they would work on getting the requirements fulfilled within the code. Commissioner Redfearn questioned Mr. Martinez regarding what would be in front of the offices on SH26? Mr. Martinez replied trees, landscaping and ground cover. He stated they ask a note be placed on the ordinance regarding the landscaping requirements. Commissioner Phelps questioned Mr. Martinez regarding what type of access will be used for the additional phases? Mr. Martinez replied a similar secured access that is in place now. He stated it would be between buildings 3 and 4. Commissioner Byerly questioned Mr. Martinez regarding if there are propane sales currently on the property? Mr. Martinez replied no but rights to propane sales yes. He stated they were allowed within the current ordinance and they would like to keep that use. Commissioner Phelps questioned Mr. Martinez regarding the types of uses. Mr. Martinez replied they would like the uses that are outlined in the ordinance. Commissioner Redfearn questioned Mr. Martinez regarding if there is a housing unit on the storage site? Mr. Martinez replied yes, for the storage facility caretaker. He stated they would like to keep that use. There being no one wishing to speak, the public hearing was closed at 8:28 p.m. Commissioner Clardy questioned staff if a truck rental type operation is on this property, where would those vehicles be stored and would those parking spaces be an addition to the requirements? Ron Ruthven replied those would be an addition to the required parking. Commissioner Byerly questioned staff regarding if the truck/trailer sales would be a minimum of 100 feet and fully screened with permanent City of Colleyville Page 8 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 structure, what would a permanent structure be considered, or behind a building? Ron Ruthven replied behind a building. Commissioner Phelps stated he would like to see this brought back at a future date with a site plan which meets the requirements. (Commissioner Phelps could not be heard clearly regarding the back building since he could not be heard) Commissioner Byerly concurred with Commissioner Phelps and stated he needed to see more information regarding drainage, parking, open space requirements, buffer on SH26, two stories vs. one story vs. three story and the placement of the sale of propane. Commissioner Byerly moved to table case ZC09-010. Commissioner Phelps seconded. Commissioner Dudziak questioned staff regarding the exterior minimum building articulation and masonry content, can that be a cinder block, brick or stone? Ron Ruthven stated masonry is not defined. He stated it could be brick, cut stone or cinder block, among other variations. Commissioner Dudziak stated he does not want a 35' tall, grey cinder block wall facing the neighbor to the south. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding what is the width at the narrow portion of the new lot? Ron Ruthven replied approximately 20 feet. Commissioner Phelps questioned the Fire Marshal if all of the fire code requirements have been met with this plat? Ron Ruthven replied the home would have to meet the fire code at the time of building permit. He stated that would include access to fire hydrant, access by fire truck and finally turn around for the fire truck. Commissioner Phelps questioned staff regarding if the applicant is aware of these requirements? Ron Ruthven replied yes. Commissioner Dudziak questioned the Fire Marshal Rob McKeown regarding if there are any concerns with having such an odd City of Colleyville Page 9 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 configuration shaped flag lot? Rob McKeown replied having access concerns, however, it does meet the Land Development Code requirements. Commissioner Byerly questioned Rob McKeown regarding if 20 feet is wide enough to get the proper equipment through there? Rob McKeown replied yes. Commissioner Dudziak questioned Rob McKeown regarding what are his concerns? Rob McKeown replied being able to get enough equipment back there, truck placement and being able to get the trucks out. Commissioner Knox questioned Rob McKeown regarding are there any concerns with the hose length? Rob McKeown replied only with the supply line, not with the attack lines. He stated John McCain may have to be shut down in the event of a fire. He also stated the house could be fire sprinkler protected regardless of the square feet of the house. Commissioner Byerly stated the Commission would not be able to make the home owner fire sprinkler the home. City Attorney Kallas concurred. Rob McKeown replied State legislation does not allow him to do so. Commissioner Byerly opened the public hearing at 8:44 p.m. Jim Lafferty, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Lafferty regarding the placement of the new home? Mr. Lafferty stated in the approximate area located on the drawing. Commissioner Clardy questioned Mr. Lafferty regarding the parking of the cars for the riding lessons, where are those cars going to be parked? Mr. Lafferty stated not knowing at this time, but the entry to the other lot on John McCain would have to be located further west. There being no one wishing to speak, the public hearing was closed at 8:48 p.m. Commissioner Phelps moved to approve case ZC09-012. Commissioner Knox seconded. Commissioner Dudziak stated having a concern with the flag lot with regards to emergency access. Commissioner Redfearn concurred with Commissioner Dudziak. City of Colleyville Page 10 Printed on 10/6/2009 Planning and Zoning Commission Minutes -Draft September 14, 2009 Commissioner Byerly concurred as well, however, this lot meets the R40 zoning district requirements and not the AG zoning district requirements. Commissioner Phelps stated they meet the zoning district requirements and the distance requirements for fire safety. He stated having a concern Commissioner Byerly stated those are all platting requirements and the Commission is looking at the rezoning. City Attorney Kallas questioned staff regarding if this could be a PUDR so that the applicant could tailor the request? Ron Ruthven replied yes, however the applicant did not pursue that avenue. He stated the applicant could have rezoned the entire property R40. City Attorney Kallas stated being comfortable with the Commissioner's decision either way. Discussion occurred between the Commissioners regarding the definition of a flag lot. The motion carried by the following vote: Aye: 4 -Knox, Clardy, Rotthaus, Phelps Nay: 3 - Dudziak, Redfearn, Byerly 9. ADJOURNMENT The meeting adjourned at 8:56 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 11, 2009 by 9:00 a.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 11 Printed on 10/6/2009 rr ~`~ `3 ~'" ~,~~ City of Colleyville 100 Main Street ~r~ Y Colleyville, Texas 76034 ~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Agenda Date: 10/12/2009 Controlling Body: City Council Requester: Agenda No.: 10a Final Action: File Name: Approval of a minor plat being 2.4 acres on Tract 1A, Abstract 1248 of the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-011 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission Title Approval of a minor plat being 2.4 acres on Tract 1A, Abstract 1248 of the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-011 Explanation Larry Stewart, representing property owner Darrel Forsberg, is the applicant fora 2.265 acre tract of land located at 5016 Bransford Road. The developer has submitted a request for approval of a minor plat that will consist of three residential lots. Zoning. The property is zoned R-40 Single Family Residential with minimum lot width and depth requirements of 150 feet and a minimum lot area of 40,000 square feet. All three proposed lots do not meet the width requirements nor do they meet the minimum lot area requirement. Waiver Requests. The applicant is requesting waivers to the minimum lot area and lot width requirements of 40,000 square feet and 150 feet respectively. Staff recommends denial of the waiver request. Existing Conditions. There is an existing detached single family residence located on the proposed Lot 1. Upon approval of the plat the owner plans to demolish all structures and construct three new single family residences. Drainage. A lot grading plan will be necessary at the time of the building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans during the building permit process. Parkland Dedication Fees. Parkland dedication fees will be required for Lots 2 and 3 prior to the filing of the plat. City of Colleyville Page 1 Printed on 10/6/2009 Agenda Briefing Continued Sidewalks. The Land Development Code requires sidewalks on Bransford Road the option to escrow in lieu of construction on Lloyd Circle. The sidewalk on Bransford Road must be a minimum of five (5) feet in width and the sidewalk on Lloyd Circle, if constructed, is required to be a minimum of four (4) feet in width and installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the plat for Bransford Road and Lloyd Circle. Tree Preservation. Trees not located within the building footprints must be preserved during construction of the new homes. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprints. Summary. The owner's surveyor has addressed all Development Review Committee comments. However, the proposed development does not satisfy all zoning requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Denial City of Colleyville Page 2 Printed on 10/6/2009 Location and Zoning Map Plat Exhibit 99 ~v s s~~~ ~ ;' ~~~~ ~8A -~ Yti~~~~ ~~~=~~s ~~~ :~~ :~~ a ~ ~~ ~~ ' m n - m O ~~0 ~E~ v s v '~ ~~~~ i`~~~~ ~~~ 1~~9 N ~~ g '6816 I I :4~8 ~ ^.~g- I a i la 10 I~ -----------J, i I I I a ~5 I ~6~~ y I ( I I wv~. 1~! ~ gig ~ ~ o 018 - ~ y ~_ ~gx ~~ 0 ~, i g~~ ~~bw s ~~~ ~R o 0 n ~~~ ~ ~ ~~~~ ~~ ~~$s $~~~~ as +=~'1 "# ~~ i !~ e ~ ~ y~~ ~~ ~$ D i a ~~`~~~,~~~~ ° jX ~ ` ; i !` ~ R s 4~~i~~~ p! i `~1; 1~~p~~ ~ ;~j~~~ 1 ~ $F~~ ~i;~~~~~~ 9 ~E ~'~.i $~69~ ~ Oat ja ~ O~~ 1 ~ ~ ~t i ~ A ~ ~ tY ti v @ 0 ~ j ~~ z , f r 0 lp~~ 91I ``-~ "' ~~ `" 2 ~,~ ~ Z N S m ._ a ~Ih ~ C ~~; 2) ~q M ~4~=~` ~p t,~°`~ j~~ ~ ~ r ~ ~ .~~ i 6~f ~~~A1' ~' 6'E~ y i •~ ~9; 4ti ~ ~Os'.r. ! !! 1§~'r°i,B! a„Y, ~a g~11. i~ ~~~~e ~ ~`~~ axi ~ ~~ R~~~~ :r ~ ~".i 1@~ 5~~!'•~y'~~~ °~E tx ~~g9~e g g4~~s4~ Q~1 9e ~`~"~ ~ '~ ~$~ ag~ ~~,~ ~~ ,-~ City of Colleyville ~,~ , City Hal' 100 Main Street Colleyville, Texas 76034 ,k Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 10/12/2009 Agenda No.: 11 a Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat for Lots 1 and 2, Block 1, of the Colleyville Presbyterian Church Addition and Lots 1, 2, 3 and 4, Block 3 of the Southgate Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case PC09-012 Attachments: Location and Zoning Map Ordinance 0-09-1725 Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission Title Approval of a replat for Lots 1 and 2, Block 1, of the Colleyville Presbyterian Church Addition and Lots 1, 2, 3 and 4, Block 3 of the Southgate Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case PC09-012 Explanation The applicant has submitted a replat fora 17.7-acre tract of land located at 715, 901, and 909 Cheek Sparger and 3815, 3809, and 3805 Wayne Drive. The replat is required as a condition of Ordinance 0-09-1725 approving the expansion of the existing Covenant Christian Academy. Zoning. The property is zoned PUD-C -Planned Unit Development Commercial for a private school under Ordinance 0-09-1725. The lot meets the minimum requirements of the PUD-C zoning district and the Land Development Code. Existing Conditions. The subject properties are currently platted as six lots. 715 and 901 Cheek Sparger are currently developed as Colleyville Presbyterian Church and Covenant Christian Academy. 3805 Wayne Drive and 909 Cheek Sparger are currently developed as single family homes. 3809 and 3815 Wayne Drive are vacant lots. The existing residences are proposed to be demolished as part of the development of the private school. Replat Conditions. The proposed replat removes Lots 1, 2, 3 and 4, Block 3 from the Southgate Addition as well as Lot 2, Block 1 from the Colleyville Presbyterian Church City of Colleyville Page 1 Printed on 10/6/2009 Agenda Briefing Continued Addition and creates a new subdivision called the Covenant Christian Academy Addition. The new subdivision consists of only two lots: Lots 1 and 2, Block 1. Lot 1, Block 1 remains a separate lot because the existing home will not be demolished until sometime next year. Therefore, in order to remain alegal-nonconforming use, the home was required to remain on a lot separate from the school development. Sidewalks and Trails. The PUDC Ordinance 0-09-1725 requires sidewalks on Wayne Drive and Cheek Sparger Road. All sidewalks must be a minimum of five (5) feet in width and installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Per Ordinance 0-09-1725, perimeter street improvements are due at the time of approval of the plat for all lot frontages along Wayne Drive. Traffic Impact Analysis. Per Ordinance 0-09-1725, a traffic impact analysis must be approved by the City Council prior to the issuance of any building permit for a permanent structure. Tree Preservation. Trees not located within the building footprints must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of Ordinance 0-09-1725 and the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 10/6/2009 Location and Zoning Map 4102 4108 4103 4100 800 802 900 1002 4101 4106 4107 4007 1102 4100 4008 4007 4014 4D13 801 803 901 903 905 907 1001 1003 4005 4005 4006 1100 4010 4005 Site 4003 } 604 4011 v 1000 1002 f 602 4003 4012 4004 4003 802 4 906 1009 4 G 60IX 4006 4pg9 4002 4004 ~ 4001..803 9 905 907 1001 1003 1007 4003*y`~ ~ 603. 4004 400.. 4000 4~0 1045 4002 !- 601 PUDR +s `''~_.~ 3915 X3909 1 3719 3908 39D6 -3900 3816 3900 3816 3808 3812 ~,,~ - - 3806 38 -- - ~ - - 3716 3716 ~7}4 3709 17 3707 3708 3708 E711 ~ ORDINANCE 0-09-1725 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1139 AND O- 06-1602; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 17.7 ACRES ON LOT 1 AND 2, BLOCK 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION, AND LOTS 1, 2, 3 AND 4, BLOCK 3, SOUTHGATE ADDITION FROM THE R40~INGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-004; and WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and ,~ Ordinance 0-09-1725 Page 2 of 7 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 othenNise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 17.7 acres on Lots 1 and 2, Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition from the R40- single family residential zoning district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety. Sec. 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 church and private school uses. b. This properly is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-09-1725 Page 3 of 7 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES 1. The following land uses shall be permitted within the Planned Unit Development: 2. Church 3. Private elementary, secondary and high school not to exceed 750 students total. 4. Recreational and athletic uses incidental and accessory to the uses listed above. 4. BUILDINGS AND SITE PLAN APPROVAL a. The following buildings shall be allowed as described below and depicted on Exhibit "B": 1. Secondary School 46,000 square feet maximum (existing) 2. Administration 6,000 square feet maximum (existing) 3. Administration 6,000 square feet maximum (phase 1) 4. Grade School 22,000 square feet maximum (phase 1) 5. Athletic Field Seating for 400 people maximum (phase 1) 6. Library 6,000 square feet maximum (phase 2) 7. Multi-purpose 19,200 square feet maximum (phase 2) 9. High School 48,000 square feet maximum (phase 3) b. Prior to construction, the high school shown above, described as phase three construction, shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Ordinance 0-09-1725 Page 4 of 7 c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "D". 5. PORTABLE STRUCTURES a. All existing portable classroom structures on the subject properties shall be removed prior to the issuance of the certificate of occupancy for the buildings described as phase one construction in the Statement of Planning Objectives attached as Exhibit "C". If no building permit has been issued for said buildings as of September 1, 2010, all portable buildings shall be removed from the property no later than September 30, 2010. 6. PARKING a. Prior to the completion of phase one construction, there shall, at a minimum, be enough on-site, off-street parking spaces provided to accommodate the maximum enrollment of 750 students. b. In order to ensure adequate parking is provided at all times, no athletic events involving competition with another school may occur during normal school hours. c. All off-street parking required as part of this development shall meet the requirements of the Land Development Code, except where amended herein. 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. b. There shall be no permanent lighting nor shall there be any nighttime illumination of any kind for the athletic field. 8. LANDSCAPING, BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 60 percent of open space. Ordinance 0-09-1725 Page 5 of 7 b. Prior to the issuance of the certificate of occupancy for each building, there shall be a minimum of one three (3) inch caliper tree planted per each 40 feet of frontage and one five (5) gallon shrub planted per each five (5) feet of frontage along Wayne Drive and Cheek Sparger Road. The species and planting specifications shall adhere to the requirements of the Land Development Code. c. A 20 foot landscape buffer shall be maintained along the western boundary of the development and along the boundary of Lot 5, Block 3, Southgate Addition. Additionally, the landscape buffers shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings sha11 be required in the buffer along the western property line prior to the completion of the athletic field and only adjacent to the stadium and any other existing buildings. The buffer along the boundary of Lot 5, Block 3, Southgate Addition shall be planted prior to the completion of the phase one construction. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Cheek Sparger Road prior to the issuance of the certificate of occupancy for the high school (phase four). b. A minimum five (5) foot sidewalk shall be constructed along Wayne Drive prior to the issuance of any certificate of occupancy. 1 ~. FENCES AND SCREENING a. A minimum eight (8) foot wood fence with masonry columns placed every 20 feet shall be constructed along the western boundary of the development adjacent to Lots 19 through 26, Camelot Estates Addition located in the City of Bedford and along Lot 5, Block 3, Southgate Addition in Colleyville prior to the issuance of any certificate of occupancy. 11.OTHER a. The bleachers for the athletic field shall meet the design and specifications shown in Exhibit "E". b. A traffic impact analysis (TIA) shall be required prior to the issuance of a building permit for any permanent structure. At a minimum, the TIA shall include the following: Ordinance 0-09-1725 Page 6 of 7 (1) A revised analysis of traffic impact on Cheek Sparger Road due to change in overall traffic movement in the area and with potential increase in enrollment of students; (2) Evaluation of the north/south traffic flow during peak and non-peak periods on Wayne Drive; (3) The impact of vehicles turning onto Wayne Drive from new development during peak and non-peak periods; (4) An analysis of minimum and optimum requirements for additional tum lanes on Cheek Sparger and Wayne Drive; (5) An analysis of minimum hard surface shoulder construction needs for vehicle drop off and pick up areas; (6) An analysis of the development impact upon the intersection of Wayne Drive and Cheek Sparger Road; (7) A site plan of the development that includes all surrounding public streets depicting any improvements and recommendations required as part of the TIA. The TIA shall be submitted to the City Council for review and approval of both the TIA and the required improvements (both on-site and off- site) shown necessary by the TIA. No building permit shall be issued for any permanent structure allowed by this ordinance until the required improvements recommended by the TIA are made by the applicant a,nd approved by the City. c. In lieu of improvements to Wayne Drive required as part of the proposed development, the applicant shall pay into escrow a perimeter street fee to be determined by the City Engineer prior to the filing of the replat for the property. d. Beginning at the westernmost corner of Lot 1R, Block 1, Colleyville Presbyterian Church Addition, where it is adjacent to Cheek Sparger Road thence commencing approximately 500 feet eastward along the south side of Cheek Sparger Road to the edge of the existing driveway approach there shall be installed a 15 foot wide all-weather surface shoulder, approved and inspected by the Public Works Director prior to the issuance of the certificate of occupancy for phase one construction. Ordinance 0-09-1725 Page 7 of 7 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7` ~ day of ,tc.-c-~,c~~ ~- 2009. The s~Fond reading and public hearing being conducted on the /~~ day of .r~-t~cl~i.C.~.o f" 2009. ,TTEST: CITY OF COLLEYVILLE PPROVED AS TO FORM AND LEGALITY: ., ynthia Singleton, TRMC, CMC - Jon A er`s 1 Y ity Secretary Mayor Pro Tem I~ ~ ~ latthew C. G. Boyle ity Attorney .EXHIBIT "A"- Location and Zoning Map a~~~ ~_ ~~~. ~~~~~ ~~~. ~ie~~ ~. ~~'~ a. . a.. ~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ 0 ~ ~~~ ~ R ~~ ~~ af~ ~ ~ ~~g~~ . ~ ~ ~; ~~ ~~ ~ ~ ~~ ~~ r s~ ~~ ~ ~ ~ ~~ a~ ~~~~ ~ ~ ~y ~ ~ ` _~® c a.pyyafir-mS~11.GtLS UOr.ae iearaamR.ar.iova~.~neumncs rara+wc*iwt.--•=wr ..s„scr r~us~an nao y oon~~ ~ 1 «. ......._ w.r. OOrO1M11gwM11W IOAOltt ~ ~.?~.i".'S wa~cRUawwaw ssreasrStL~r~'~_s". ~i EXHIBIT "B"- Site Plan EXHIBIT "C"- Statement of Planning Objectives ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA - COLLEYVILLE, TEXAS The property for which this proposed zoning is to occur is located at the southwest comer of Cheek Sparger Road and Wayne Drive. The overall 17.6734 acre piece of property is comprised of numerous individual lots zoned for both PUD-C and R-40 uses (see attached legal description). It is the intent of this zoning application to redact the current zoning for the property and rezone the property into one zoning classification (PUD-C) to be used primarily for church and educational use as described below: PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any accessory uses incidental and secondary to the allowed principal uses. STATEMENT OF PLANNING OBJECTIVES Covenant Christian Academy is a highly respected educational institute serving students in and around Colleyville since 1979. The objective of this PUD-C request is to move forward improving the Physical Plant so as to better serve the students and faculty within our school with improvements in our academic, athletic and recreational facilities. Grade school classrooms are planned with the appropriate recreational areas appropriate to grade levels. Athletic field improvements are also included to promote on campus training, practice and game facilities for our school teams as well ss outreach opportunities for serving assorted local club and associations. Athletic field shall tie lighted for nighttime use. Fir-ally, a fimue high school building and an enclosed multi- purpose facility is planned as part of our long-terns goals. Upon grant of the zoning change requested herein, it is anticipated that the main Property Owners (Covenant Christian Academy - "CCA") will immediately move forward with a replat request {the replat may proceed concun~ent with zoning request). The existing PUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain timeframe. Two of the portable buildings have already been removed in accordance with current PUD requirements. This request will incorporate that condition into our PUD-C. Construction of the three (3) grade school buildings will begin almost immediately (Phase 1). These initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings -are not on CCA-owned property and are located outside of the area of our PUD-C request, the removal of those buildings is herein represented as a condition of our request. All portable ~uildmgs are to be removed upon issuance of the certificate of occupancy of Phase 1 Construction or approximately September, 2010. ATTACfIIviEIVT TO PUD-C ZONING CHANGE APPLICATION PAGE 1 EXHIBIT "C"- Statement of Planning Objectives Continued Realize that the proposed development of this property is planned to provide an improved learning atmosphere for the existing student base including a library, computer lab, dedicated art studio, music room, and science lab. The development is not intended to accommodate an influx of additional studerrts in excess of the current enrollment. Student enrollment has fluctuated between 500 to just under 600 over the last seven years. A student enrollment of 600 is the design population for which this PUD-C has been designed for. Presbyterian Church in America - Colleyville, Texas ("Colleyville Presbyterian's was the entity that started CCA. The school became independent of the church in 1999. CCA has been in operation for many years and has been a good neighbor and citizen in the City of Colleyville. Numerous residents of the community have contributed vast amounts of time and monetary resources to fiuther this private school. CCA owns the majority of the property along the west side of Wayne Drive with the exception of Lots 1 and Lot 5 (Southgate Addition, Block 3). Lot 1 is currently under contract to CCA and is a part of this PUD. The origina110 acre portion of CCA property was purchased with the anticipation of the construction of school facilities on the Property. Tins zoning change is necessitated as a result of the City's zoning ordinance which does not allow additional construction of educational facilities on the CCA property without approving a new PD Development. The City's zoning ordinance was instituted just after the original property was purchased. The use of the Property has long been planned and has been existent for a number of years. The requested change is therefore consistent with the existing use of the Property. Conversion of the existing Property, of CCA into its proposed use is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City of Colleyville. City of Bedford residential neighborhoods are located to the west and south of this development. The athletic field and treed area on the southern .portion of the property (trees to remain) serve as a buffer to these residential areas and are certainly compatible with adjoining uses. The existing athletic field will remain in approximately the same location, thus having little additional effect on the neighbors in Bedford. These same areas will also easily satisfy any requirements for open space with might be associated with this zoning request. The area east of Wayne Drive, across the street from this Property, is comprised of vacant land zoned for Agricultural use and two remaining residential homes (zoned R-40). The Saddlebrook Subdivision is located north of this property across Cheek Sparger Road (zoned PUD-R). Prior zoning changes. (PUD's) on this property attempted to satisfy CCA requirements, but contained numerous concessions requested by adjoining property owners. Siace the most recent PUD-C, CCA has acquired additional properties along Wayne Drive, thus eliminating all but one of the prior adjacent property owners. This PUD-C addresses the rezoning of the recently acquired and original CCA and Colleyville Presbyterian property as well as those that are to be acquired (Lot ~). DEVELOPMENT SCHEDULE ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 2 EXHIBIT "C"- Statement of Planning Objectives Continued The stages and phases of development are planned as follows: Phase 1 - Grade School Construction (begin immediately and. finish in approximately 15 months) Phase 2 - Multi-Purpose Facility Construction (no completion date established) Phase 3 - Athletic Field and Stadium (no completion date established) Phase 4 - High School (no completion date established) ' Realize that much of the timing of construction will be dependerrt on fund raising activities. The Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change other than the fact Heat Lot 1 is expected to be acquired by CCA contingent upon zoning approval. $~'ATEMENT OF UTILITIES/INFRASTRUCTURE TO BE PROVIDED All major utilities, water, sewer and drainage are either ah~eady on or immediately adjacent to al] of the Property. The attached. preliminary engineering drawings detail the proposed water, sewer and drainage infrastrueture that will ba constructed to accommodate the proposed development of this property. Required easements for all utilities around and on the Site either already exist or will be provided by Plat or separate instrument as necessary. Regarding roadway infrastructure, CCA intends to improve Wayne Drive for its entire length of frontage. The existing asphalt roadway will be widened from the ee~erline to the west to form'/: of the required 31' B-B City Street Section. `In other words, CCA will build a 15.5' street section along its side of the existing Wayne Drive. A 4' sidewalk will be constructed along the west right-of--way of Wayne Drive for its enfire length along the CCA frontage. CCA would also entertain entering into aCity-Developer Agreement to reconstruct Wayne Ihive along the entire school frontage from its existing state to a full width 36' B-B street section to allow on-street parking. CCA would be willing to contribute the funds for 15.5' width of the roadway while the City pick up the cost for the remaining 20.5' width. Recent improvements to Cheek Sparger Road have already been made by CCA as required by the earlier PUD-C. IMPACT FEES: l Granting of this request1will not introduce additional students to this location. The classrooms in Phaae 1 will replace the existing classrooms currently located in the Portable Buildings. No net increase in impact will be felt from these improvements as we ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 3 EXHIBIT "C"- Statement of Planning Objectives Continued are simply relocating existing students into the new, larger classroom and appropriate educational spaces. $y this application we ate requesting following consideration and adjustment on the applicable impact fees: 1) Roadway Impact and Perimeter Street Fees: Full impact fee credit allowed fot the amount of road way improvemerrt both to Wayne Drive as illustrated in this request as well as the previous substantial improvements along Cheeksparger Drive. We request that the required street and sidewalk construction be limited to what is shown on our Site/Concept Plan and related engineering plans, 2) Parkland Dedication Fees: We understand that Parkland Dedication Fees do not apply to this development. 3) Water and Sanitary Sewer (Builder) Impact Fees: Full impact fee credit shall be allowed for the installation of the new 8" water line along the full length of property along Wayne Drive. This water line is replacing an existing 2" water line. Again, the impact from the introduction of these new classroom buildings will be totally offset by the elimination of the impact now present with the portable classroom buildings to be removed from site. 4) Tree Mitigation Fees: Full tree mitigation fee credit shall be allowed mainly due to the effort taken to preserve the majority of the existing trees located at the southwest corner of the properly. Over 9t)% of the existing trees on the overall property are to be retained. This instrument is attached to an incorporated into the zoning application signed by the Property Owners and their representative. ATTACHMENT TO PIJD-C ZONING CHANGE APPLICATION PAGE 4 EXHIBIT "D"- Building Elevations ~. ~;- '= cn .' 0 t~ ~. ~. '' U~' a EXHIBIT "E"- Bleacher Details Bleacher Details i 1 s x ,. y (~ ® ~ kl I ® ~I I e ® ~~ tg ~ ® I ~i Ir I ~1 ® I I~ I ~ ® ~~ I ® ~ ~ I~ I' ® ~i ~ .~° ~~ ~~ I~ c 0 S P-ia~ ~ ~t~ ~~ ~~ a ~ Y ~ ~ ~~ a ~~° ~~~ l ®..el.....®.~.~. e :EIC 3PARC~R ROAD1 i :~ N NM'+4t}?iD'~3~p' ~"- IjT ~~ ~~~~ -~` ~~ r ~-~ >e ®~ .~~ N e ~~ 0 ~m~ ~ ~~ - ~ ~ ~a~ ~ ~ ~z ~ ~ ~~~~ z W ~ ~ ~ ~ ~i~~ ~ e e i e ~~ ~~ ~~) it g ~ e ~ ,~ A~ ®~~ ~~ . ~~ ~ ~~ a Ali ~\'ti I I~ ~ ® ~ ;~ ~ ~ _ ~ ~ ~ ~~ ` I I ~ i ~ ~ i ~ . .._.____ ~.~~r~+ea~ _J _~ r,......~ _ -, ~ ~" ~ - ~ 1 rr w a sa 4+raa -r~~ C ..fir ~ E •.... #~ ~ ~~~ ~ ~ ~~ j ~~1• ~;'~i ~ ~ R~ 1 ~~ ~ ~ ~~ , . ~ ~ ~~, ~~ ~ ~ ; ~~ X~1 ~}~ W ~1 a ~t ~~ ~ ~ ;,#~~ Eat ~ U • >'~ w i Epp ,~q ,~i,~ ~~ ~ ~~,,~ ~~,1 N ,~ 1 rt~ ~+ ~~ ~~i ~!j I ~E~ ... ~:, a ~:ttz Z, ~I~~~~~~a~#i #~~i~~}}~~~ ~~ij~1~ ~~ !~ ~~ a ~~~tt ~ ~~~ i~ f~! t i ! ~ i~ i~~ ~ i + ! a l~ 'r i t ~~ ~~ f • ~ ~~ ~ ~ ~ ~~ it j ,~ r ~~~ ,:' ~i~ r ': ;1,~1 i= : t ~~ ~~ 1~ t~ ~~ 1~ ~~ 1;1~,1~~ 1~~ ~ ~ ' f ~~~~ ~ ~ ~s ~~ ~~ _~ ~~ ~ l~ ~i ~ ~ ~ ~~~ ~~'~ ~~j ii'pp )E Ei j~ Ei~ J' ~'~ !` ~~ E Ei, ~~~ lye fi~ 3~.2~ 1f ~ ~i ~~ ~ti ~~>I ~ ~~! ~~ ~.~ ~~ ~~f ~s'i ~Eb ~~ ~~ r L'.4t ' <N ;; = ~- _ ~~: `lam -r~~,,' City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 10/12/2009 Agenda No.: 11 b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 block of Colleyville Boulevard, Case ZC09-008 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Conceptual Site Plan Building Elevations Ordinance 0-00-1211 Ordinance 0-08-1675 • Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission Title Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 Explanation Homeyer Engineering, Inc, on behalf of CTL Properties, LP, has submitted a request to amend the zoning and development requirements of Ordinances 0-00-1211 and 0-08-1675 allowing for the PUDC-Planned Unit Development Commercial zoning district on approximately 8.7 acres, located at 6400, 6404, 6408, 6500 and 6508 Colleyville Boulevard. Existing Conditions. The subject properties are currently platted as four lots. The properties located at 6408 and 6500 Colleyville Boulevard are vacant. The property located at 6400 Colleyville Boulevard is developed as a sign and graphics shop and 6508 is currently developed as a general office building. Existing PUD Requirements. Ordinance 0-00-1211 was approved by City Council on April 4, 2000. This ordinance allows all commercial and office uses allowed in the CC1-Village Retail zoning district, one automobile service use, a day care center and a dry cleaner not to exceed 5,000 square feet in gross floor area. Of note, Ordinance 0-00-1211 also requires a continuous left-turn lane on SH26 adjacent to City of Colleyville Page 1 Printed on 10/6/2009 Agenda Briefing Continued the development, which has since been constructed, and a 50 foot building line along the entire western property line. Ordinance 0-08-1675, approved on May 6, 2008, amended the tree preservation provisions of Ordinance 0-00-1211 by requiring on site tree preservation to meet the requirements of Chapter 5-Tree Preservation while exempting all trees located within utility or drainage easements. Staff has written the draft ordinance so as to repeal the previous two PUD ordinances for the property thereby resetting the zoning of the subject properties to the current PUDC-Planned Unit Development Commercial zoning request. Replat Requirement. Upon approval of this PUDC, the applicant will be required to replat the properties to reflect the addition of five new lots. Permitted Uses. The applicant requests that the permitted uses be for general and medical office uses. Staff recommends that all office uses listed in the Land Development Code be allowed with the following condition: Any building with frontage along SH26 also be allowed to contain any use allowed in the CC2-Shopping Center district. This provision has been added to the draft ordinance. Proposed Development. The applicant proposes to add eight general/medical office buildings in addition to the existing two buildings. The buildings are proposed to be single story. Three of the buildings are proposed to contain medical office uses with a total square footage of 13,565 square feet. The other five buildings would contain general office uses with a total square footage of 27,515 square feet. Parking and Access. The applicant proposes to construct a 24 foot fire lane and access easement for the development which will provide access to the six buildings not fronting on SH26. According to the site plan, three driveways will access Colleyville Boulevard. Any driveway approach along SH26 will require approval by the Texas Department of Transportation. The applicant intends to provide 183 parking spaces in addition to the existing 43 parking spaces for a total of 226 parking spaces. Although the parking meets the minimum requirements of the Land Development Code as proposed, given the mix of office types (general and medical office) staff recommends that all parking meet the minimum requirements of the Land Development Code to be determined by staff upon application of any building permits. These provisions have been added to the draft ordinance. Traffic Impact. According to The Institute of Transportation Engineers publication Trip Generation, 34,515 (27,515 s.f. proposed plus 10,550 s.f. existing) square feet of general office space would be expected to generate 419 trips per weekday, on average. Additionally, 13,565 square feet of medical office space would be expected to generate 488 City of Colleyville Page 2 Printed on 10/6/2009 Agenda Briefing Continued trips per weekday, on average. Based on these averages, the proposed development would add approximately 907 vehicle trips per day to the surrounding roadways. Master Plan. The Colleyville Plan designates the subject properties for retail uses. Building Design. The applicant has not submitted any building elevations as part of the request but states that the office buildings will be similar to the office building located at 6508 Colleyville Boulevard on the subject property that was built by the applicant. This elevation has been added to the draft ordinance. Additionally, staff recommends that all new buildings meet a minimum design score of 30 as described in Chapter 6-Building Design in the Land Development Code. These provisions have been added to the draft ordinance. 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. Hours of Operation. Staff recommends that, for buildings that do not front on SH26, the hours of operation be limited from 7:00 a.m. to 8:00 p.m. This provision has been added to the draft ordinance. Open Space. The Land Development Code requires that the development provide a minimum of 20 percent open space. The proposed site plan for the development provides for 30 percent open space. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting and building permit process. Sidewalks and Trails. According to the Land Development Code, based on the recommendations of the Supplemental Sidewalk System, a five (5) foot sidewalk is required to be constructed along Colleyville Boulevard adjacent to this development. All sidewalks must be installed and or improved when any new structures are built on the property. According to the conceptual site plan, four (4) foot sidewalks will be constructed along fire lanes and in front of all buildings proposed as part of the development. These provisions have been added to the draft ordinance. Fences, Walls and Screening. Prior to the issuance of a certificate of occupancy, the applicant proposes to construct a six (6) foot wood screening fence along the western boundary of the development where it is adjacent to residentially zoned properties. Staff recommends an eight (8) screening fence as required by the Land Development Code between residential and commercial properties. City of Colleyville Page 3 Printed on 10/6/2009 A_aenda Briefing Continued Landscaping and Buffering. The applicant proposes to install a 15 foot landscape buffer consisting of forty-three (43) wax myrtles planted on 15 foot centers along the western boundary of the development adjacent to residentially zoned properties. The Land Development Code requires a minimum 20 foot landscape buffer with evergreen plants planted every six (6) feet and expected to grow to six (6) feet within two years. This provision has not been added to the draft ordinance. The applicant proposes to provide a 25 foot building setback along the entire western property line adjacent to the Kingston Addition instead of the 50 foot building setback as proposed in Ordinance 0-00-1211. The 25 foot building setback complies with the Land Development Code. This provision has been added to the draft ordinance. Tree Survey and Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon submittal of a building permit for any new structure. According to Ordinance 0-08-1675, trees located within drainage and utility easements are exempt. This provision has been carried over to the draft ordinance. On March 25, 2008, the Planning and Zoning Commission granted a waiver request to the applicant for tree mitigation requirements found in Chapter 5-Tree Preservation in the Land Development. The applicant was required to mitigate for 402 inches and was granted a waiver to only mitigate for 266 inches. He has since planted 45 inches of tree on the subject properties and is, therefore, required to mitigate for the remaining 221 inches. The requirements of the waiver have been added to the draft ordinance. Surrounding Properties. The surrounding properties consist of a variety of land uses. The properties to the west are zoned R20-Single Family Residential and contain single family residences. Properties to the north are zoned ML-Light Industrial and contain heavy commercial uses. The properties to the east are zoned ML-Light Industrial and CN-Neighborhood Commercial and contain self-storage and office/warehouse uses. The property to the south is zoned AG-Agricultural and contains a single family residence. Public Notification. Staff mailed notices to 20 adjacent property owners regarding this request. A notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Summary. Given the proposed general and medical office uses, the proposed zoning amendment is not completely consistent with the Future Land Use Plan, which designates the entire area proposed for this development as retail. However, staff does recommend that retail uses be permitted for buildings with frontage along SH26. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 4 Printed on 10/6/2009 Location and Zoning Map Notification List Owner Name Owner Address Owner City Owner State Owner Zip Situs Address McCain, Norma 1516 McCain Ln Colle ville TX 76034 1516 MCCAIN LN Tres Rosas Ltd 6516 Colle ville Blvd Colleyville TX 76034 6526 COLLEYVILLE BLVD Davidson, C W 63 N Dulcet Hollow Cir The Woodlands TX 77382 6515 COLLEYVILLE BLVD Bowden, James David 6516 Colle ville Blvd Colle ville TX 76034 6516 COLLEYVILLE BLVD Garrett, Kenneth Etux Wanda 6517 Kin ston Colle ville TX 76034 6517 KINGSTON DR Davidson, C W 63 N Dulcet Hollow Cir The Woodlands TX 77382 6513 COLLEYVILLE BLVD Bearden, Dale 1902 Palencia Ct Arlington TX 76006 6513 KINGSTON DR America's Stora a 6310 Lemmon Ave Ste 222 Dallas TX 75209 6511 COLLEYVILLE BLVD America's Stora a 6310 Lemmon Ave Ste 222 Dallas TX 75209 6509 COLLEYVILLE BLVD Dimitrov, Lachezar P 6509 Kingston Colleyville TX 76034 6509 KINGSTON DR Sims, Rex A Etux Debra 6505 Kingston Colleyville TX 76034 6505 KINGSTON DR Boulevard Animal Hospital Pc 6413 Colle ville Blvd Colle ville TX 76034 6413 COLLEYVILLE BLVD Pullen, Timoth B 6501 Kin ston Colle ville TX 76034 6501 KINGSTON DR In ram, Beverly 212 Stratford Ct Hurst TX 76054 6409 COLLEYVILLE BLVD Yanes, James 6417 Kin ston Colleyville TX 76034 6417 KINGSTON DR Cannada , John W Etux Ma E 6413 Kin ston Colle ville TX 76034 6413 KINGSTON DR Shaft our, Foad Mark 1009 Turnber Ln Southlake TX 76092 6407 COLLEYVILLE BLVD Davis, Connie Jo 6409 Kin ston Colle ville TX 76034 6409 KINGSTON DR Lam, Conner 1280 Post Oak Trl Southlake TX 76092 6312 COLLEYVILLE BLVD Bittick, Edward D Etux C nthia 6405 Kin ston Colle ville TX 76034 6405 KINGSTON DR Yard Art Inc 3250 Sto Rd W Ste 108 Irvin TX 75038 6407 COLLEYVILLE BLVD # C Courtne ,Dori 6401 Kin ston Colle ville TX 76034 6401 KINGSTON DR Home er Engineering Inc. P.O. Box 294527 Lewisville TX 75029 applicant Public hearing notices mailed on Thursday, October 1, 2009 by Amy Shelley. tatement of Planning Objectives June 11, 2009 Ms. Amy Shelley City of Cvlleyville 100 Main Street. Colleyvlle, Texas 76034 RE: Statement of Planning Objectives Winding Creek Addition Dear Ms. Shelley: Homeyer Engineering, Inc. (HEI), an behalf of CTL Properties, LP, is submitting a zone change application to modify the existing PUp-C zoning classification. The current zoning identifies four (4) commercial lots with office uses. The proposed zone change request subdivides these four (4) existing lots into eight (8) commercial lots. In order to subdivide the subject property, HEI has also submitted a final plat and the associated construction drawings to provide for the required infrastructure to develop these tats in accordance with the City of Colleyville's development regulations. If you have any questions regarding the content of this. submittal:, please feel free to contact me at 972-906-9985 or shomeyer@homeyer-engineering.com. Sincerely, HOMEYER EN INEER(NG, INC. Ste. en R, mey , P.E. President xc: Lanny Wilkinson, CTL Properties, LP Ray Collins, Merach Development Project File HCiR/IE~Y~~' ~NCIN~ERING, INC. CIVIL ENC7INEEFtING+PLA.TTIN~ SITS Cy. L_~N[;:) PLANNING P.O. E3C1X 24527 + LEWISVILLE,TX 7502 t ,~.. c~ ct.~ ~ ~ ,; ~ i~ s x ~ ~ >' m - ~ ~c~ ~ 'G v ~ ~ - ~ 'd` Y u ~~ t h/ / 1' ~ ~ 1vf 1 gp +}I ! 1 ~ •__ w;-.; ~l~i~$s 1 ~' ~ - - y_. ,. ~ , ~, ~ ~ ~''~"~r II ~-`- _ ~~ ,. `: „ t r. d ~~-:,~ , .., ~~:~ ` ~ / , ~ ~. ~ .. ~~~ _. .~ ~ x ~~ & ~ .. ~ ~~ r' 0 N X V F ty V r~zj Mp ~,~, O1~G mrb b~ N~~~=~ I " ~-1 1~ =3 M~ fl 8 HOMEYER ~ 4~~ ~ e®~ < ,~ H R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r, ~{ ~ ~~ R ~ y ~ ~ p x ~ 3 ~ ~ ~ F ~ ~ ~ y ~ ~ ~ ~ d ~~ ^ ~~ ENGINEERING, INC. CIVIL ENDIN EERIND •PLATTIN~ ®ITE & LAND PLANNING .e ~u .. ...u w,su .., w~~ 'kieN r... _. k ~1 ~. ~ o~ 3 _ _ ~ _-_- __. _ Building Elevations ~.U~ ORDINANCE 0-00-1211 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 8.789 ACRES OUT OF THE A.J. LOTT SURVEY, A-963, TRACTS 2M AND 2N, AND LOT 1, BLOCK 1, HAYNIE ADDITION, FROM THE AG (AGRICULTURE), CC1 (VILLAGE RETAIL) AND ML (LIGHT MANUFACTURING) DISTRICTS TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Lanny Wilkinson on January 28, 2000, under Case No. Z-00-012; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at leas# 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1, THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG (Agriculture), CC1 (Village Retail) and ML (Light Manufacturing) districts to the PUD-C (Planned Unit Development-Commercial) district together with all site plans which are conceptual in nature, supporting documents, Ordinance 0-00-1211 Page 2 of 5 and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. GENERAL The purpose of this PUD-C is for the development of retail and services type uses. 2. PERMITTED USES a. All commercial and office uses allowed in the CC1 Village Retail zoning district b. One automobile service use located on the north 150 feet of the property c. One day care center d. One dry cleaner not exceeding 5,000 s.f. in gross floor area 3. SETBACKS, OPEN SPACE ~ SCREENING a. A rear building line of 50 feet shall be provided along this property's western common property line with the Kingston Addition. b. Open space and lot coverage shall be in accordance with the CC1 district regulations. A minimum of twenty-five percent (25%) open space shall be provided on each lot. A minimum of thirty percent (30%) open space shall be provided for the entire development. c. The property shall be landscaped in accordance with the landscaping standards contained in the Zoning Ordinance at the time a building permit is requested. 4. TREE PRESERVATION a. A minimum of 1,500 caliper-inches of existing trees shah be preserved in-place on the property. Tree preservation shall be in general accordance with the Tree Preservation Plan attached as Exhibit D. b. Compliance with these tree preservation provisions shall be reviewed upon the submittal of a site plan. Ordinance 0-00-1211 Page 3 of 5 c. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. An exemption shall not be granted for trees located under a building pad site. S. ROADWAYS AND DRIVE APPROACHES a. A continuous left turn lane shall be constructed on Colleyville Boulevard along the entire frontage of the property. The turn lane shall be completed and accepted by the Texas Department of Transportation prior to the issuance of a certificate of occupancy for any structure within this PUD-C. b. Three (3) drive approaches shall be allowed on Colleyville Boulevard to provide access to the property. The drive approaches shall be spaced a minimum of one hundred fifty feet (150') apart, centerline to centerline. The driveway throat width shall not exceed thirty-five feet (35'). Deceleration lanes shall be provided. 6. OTHER a. All buildings shall be designed to meet the minimum architectural design standards of the CC1 -Village Retail district, as contained in Section 24.17 of the Zoning Ordinance. b. The dry cleaner plant with pickup station shall be restricted to the most southeast lot in the development. c. The building elevations for the day care center shall be generally consistent with the building elevation attached as Exhibit E. d. The site plan for any structure located on proposed Lot 4 on the preliminary plat shall be approved by the City Council. The site plan shall be approved prior to the issuance of a building permit for any structure on proposed Lot 4. e. For all buildings constructed on the most northeast lot between the creek and Colleyville Boulevard, one hundred percent (100%) of the exterior wall surfaces shall be constructed of brick or natural stone. The requirement shall apply to all wall surfaces, less the area of window and door openings. The requirement shall not apply to decorative trim or roof trim areas. f. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not .._ ____._ ._-- ......_.__.-._._._----_.__ _.__. __._s___._ Ordinance 0-00-1211 Page 4 of 5 face Colleyville Boulevard. The wails containing bay or garage door openings shall be within fifteen degrees (15°) of perpendicular to the right-of-way line of Colleyville Boulevard. g. Not more than three (3) vehicles shall be parked overnight at an automobile service use. h. A wrought-iron fence shall be installed along the north property line on the most northeast lot between the creek and Colleyville Boulevard. Red tip Photinia shrubs shall be planted on six- (6) foot centers adjacent to the wrought-iron fence. The size of plant materials shall comply with the requirements of the landscaping regulations. i. The servicing of vehicles outside of a building shall be prohibited. j. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. k. The improvement and landscaping of the creek area and its realignment shall be completed and accepted by the City prior to the issuance of a certificate of occupancy for any structure on the property. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. T e tirs~ reading and public hearing being conducted on the 2! s~ day of I~Y_~, 2000. T ~~~e,,s~e~ond reading and public hearing being conducted on the ~ day of '"`~L~, 2000. Ordinance 0-00-1211 Page5of5 ATTEST: A'NS.t~ Jea Harris, TRMC, CMC City Secretary APP VEDA TO FORM AND LEGALITY: Ross ~ . F ter City Attorney CITY OF COLLEYVILLE: Donna Arp Mayor a~i ~ ~ 163 1~ ,~~6 .wa • ~ K # /;C i ~ ~ s ar r }} 3O~ ' _ ~~ !~ W N U ~ p ' ~ ~-rCp 'Y S q ~• ~ ~a ~1 M ~~ s li+~ . a w t~ a• w i ~ 3Z'i~ a ~w • u • " ~~ • % 0-99-1157 • ~ % A~ r . . .runq.~, swe ~ • ~ I ~ ,. ~ M „ w " r ~~ ~ o ~• K p ~' N % .~~ ~ ~~..~ EST w „~' ~ air atK, ~~. aK ~iK ~• f fide [ a~'iK _ _. , ~ _~E Exhibit A -Zoning Map Property Description Being a tract of land out of the H. Hughes Survey, Abstract No: 963, Tarrant County, Texas and being the same tract of land as described in deed recorded in Volume 7935, Page 1697, Deed Records, Tarrant County, Texas and in Volume 9031, Page 1352, Deed Records, Tarrant County, Texas and being Lot 1, Block 1 of Haynie Addition as described in deed recorded in Volume 388-164, Page 100, Deed Records, Tarrant County, Texas and being described as follows Beginning at an '/z- inch iron pin found in the West right of way line of Colleyville Road (SH 26) for the Southeast corner of tract being described, said point being the Northeast corner of the Conner Lam tract, a 3.18 acre tract of land as described in deed recorded in Volume 7225, Page 1257, Deed Records, Tarrant County, Texas; Thence South 86 degrees 28 minutes 47 seconds West 410.19 feet along North property line of said Conner Lam tract to a 5/8 inch iron pin set for corner; Thence North 00 degrees 04 minutes 14 seconds East 474.87 feet along West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence North 00 degrees 59 minutes 09 seconds East 176.67 feet along the West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a'/z -inch iron pin found for corner; Thence North 87 degrees 41 minutes 35 seconds East 775.11 feet along South boundary of the James David Bowden tract as described in deed recorded in Volume 11970, Page 1677, Deed Records, Tarrant County, Texas to a 518 inch iron pin set for corner; Thence South 29 degrees 16 minutes 50 seconds West 753.85 feet to '/ inch iron pin set and continuing to the point of beginning and containing 382867.790 square feet or 8.789 acres or land, more or less. Exhibit B -Metes and Bounds Description O Z M' ~ ~ O ~ W -~M- ~ ~ Q ~ ~ ~ ~ ~' U W a 4t X LZ ~ V. ~~~ c~ P z ~ i ~ ~ N Z ;! ; ~~ ~ ~ ~ 9 *' R~ •~ f i ® ~'': • / N e i ~ t i r ~~~, ~~j k~ ~{ • ~ ~` ~~ j~ ~~ _ ~ ~, • ~ • 1 ~" , ~- ~ ~~a ~~ 1 t . ' ` n ~~ •~ h .. ~!' Y t. 1 ~~ v ~ `~. ~ ~' ,~ ~ ~ -. ~ ~ r' ~ f ` ~~. 8 M i ~~ ~ is '~ + ~ 3,g~~ y ° ~ ~~ ~~~~ ~ 1 ~ ~ ~ ~ Q U o ~ ~, J ..1 'k~~ NM .~ ~ ~ n ~~ V ~~ ~ ~~ /A'~.,.,.,.,~, 7~ r .~~CGD M ~ ^/J Exhibit C -Zoning Exhibit ~~ ~ ~ ~ p ~ ~ i i m~~~~ 1 !ii ~ i Q iii 1 ~'~,\• ~ i ~. cry ~ • • ~~#~ -~• ~. ~~~ ~ ~ ~ ;~ ~ s a ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~, '~ ~ ~~ ~~ I~~!~I~!~u!li~ ,~ I, ~ ........ ~i; ~ ~ s ~ ~ y'~"~ ~ .. i ~ ~ .. ~ Exhibit D -Tree Preservation Plan Exhibit E -Day Care Center Conceptual Elevation ORDINANCE 0-08-1675 AN ORDINANCE AMENDING ORDINANCE 0-00-1211 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-00-1211 on April 4, 2000, to establish the zoning for 8.789 acres out of the A. J. Lott Survey, Abstract 963; and WHEREAS, the City of Colleyville has requested an amendment to Ordinance 0-00- 1211, under Case Z-08-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1675 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,. Texas, be, and the same is hereby amended by amending Ordinance O- 00-1211. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 8.789 acres of The Winding Creek Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. TREE PRESERVATION a. Tree preservation on the subject properties shall be in accordance with Chapter 5 -Tree Preservation in the Land Development Code, except where amended herein. b. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-08-1675 Page 3 of 3 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. Sec. 10. THAT Ordinance 0-00-1211 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of 2008. c~ The second reading and public hearing being conducted on the ~'~` day of x3')a~.u 2008. AYTESTy CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle Y~ City Attorney David Kelly Mayor Exhibit "A" -Location and Zoning Map ORDINANCE 0-09-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-00-1211 AND O- 08-1675; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 8.8 ACRES ON LOTS 1, 2R, 3R AND 5R, BLOCK 1, WINDING CREEK ADDITION FROM 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. ZC09-008; and WHEREAS, Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and 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 Ordinance 0-09-XXXX Page 5 of 5 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 8.8 acres on Lots 1, 2R, 3R and 5R, Block 1, Winding Creek Addition from the PUDC-Planned Unit Development Commercial zoning district to the PUDC- Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their 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 office and retail 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 site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be Ordinance 0-09-XXXX Page 5 of 5 issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. All office uses allowed in the Land Development Code. 2. For buildings with frontage along State Highway 26, all uses allowed in the CC2-Shopping Center district shall be permitted. 4. BUILDINGS AND SITE PLAN APPROVAL a. The total square footage of all office buildings constructed within this development be allowed as follows: 1. General Office: Maximum Square Footage: 34,515 2. Medical Office: Maximum Square Footage: 13,565 b. All office buildings shall contain no more than one-story unless mixed with retail uses. c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "C". d. All buildings constructed as part of this development shall meet the minimum building design score of 30 as described in Chapter 6-Building Design in the Land Development Code. 5. PARKING a. All off-street parking required as part of this development shall meet the requirements of the Land Development Code. 6. 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. 7. LANDSCAPING. BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 30 percent of open space. Ordinance 0-09-XXXX Page 5 of 5 b. A 15 foot landscape buffer shall be maintained along the western boundary of the development where it is adjacent to residential properties. Additionally, the landscape buffer shall contain 43 wax myrtles planted on 15 foot centers. The required buffer shall be installed prior to the issuance of the certificate of occupancy for any new structures. c. A 25 foot building setback shall be maintained along the entire western property line where it is adjacent to residential properties. 8. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along State Highway 26 when any new structures are built. b. A minimum four (4) foot sidewalk shall be constructed along all fire lines and in front of each building when any new structures are built. 9. FENCES AND SCREENING a. A minimum eight (8) foot wood or masonry screening fence shall be constructed along the entire western property line adjacent to residential properties prior to the issuance of the certificate of occupancy for any new structures. 10. OTHER a. A minimum of 221 caliper inches of new trees shall planted on the subject property per the requirements of Chapter 5-Tree Preservation in the Land Development Code prior to the issuance of the certificate of occupancy for the fifth structure built on the subject property. b. For any building not fronting on State Highway 26, the hours of operation shall not exceed 7:00 a.m. to 8:00 p.m. c. All driveway approaches on State Highway 26 shall receive approval from the Texas Department of Transportation. 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. Ordinance 0-09-XXXX Page 5 of 5 Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary -that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Zoning Exhibit _ _ 4 r-- -~ ~. ~. ~; >3 ~ ~ J r 3~ ~ a~11~ f IX ~~ Y ~ a r^.1 ~ ~• ~ F~ p~~ ._~} { y ~• 1' •.. e~l...,,.~ y I I . ' s •• J • f~ r ~ II ~ 1 FF PF ~L ~~ ~ 11~1111 8I ~ •' ~ Qd -G = ~ / µ4 ~Y a 4 51, S J ~ tl~ ~ 1 .,• • ~ ~~, ~ ; x, .r ;., , . - ..._~~ jjr 3. ?~ , - ++ ~ r 9y#: ~~ ' ~ ~ I I I ~.~t f a ` 4 ~~ Y r .5~a ti.' j,L' .w~~.,t. .L l?r ~~ ~_ ~ s . ~ 1 1 ~ ' ` ~~. ~ n~ r \ ~i. r . 3 '-~ ~~ 1 ~ >3 r J~~ ~ r_ lti ~• __''RR ~, r l~i r ~ti,/` ~ ~~ 1 ~ ~~~••~[P1~ ~ L ~{ it r • el ~V \]3 _ ~ ~ 1 r F~+J}~ f ~, ~+yA ~+~'Idi n;~l, ?rd~~2 ,4 ~'~~ } ) ~ j ~+ ~E, r" ---, - - ~3 til =r~l y ,~ i~ - .~.~ R ~:~ -- - - ras, K r: t ~ ^ t~ E ~ ~ ~ v° -' "~„y k'; ~~ °`~` t `~ °'1 ~; A!' ~1 ' f'U~.~~.~.JIF~A ~Y ~(;~W N EN~INEERIN~, IIVC. Y~Y'~ ~M Y'YILYIMtl ~FLIl111Y 11 i awL~ LaN'O FL w \ iM u Exhibit "C" -Building Elevations ~~ ~' U <Z G Y -ti (~ , Z t./ - , ~'- City Hall .,~ 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: 10/12/2009 Agenda No.: 11 c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Attachments: Location and Zoning Map Notification List Letters of Opposition Exhibits Provided by Applicant Photos Submitted by Applicant Development Analysis Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission Title Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Explanation Casey Ryan has submitted a request for a Special Use Permit (SUP) for two attached carports on 0.45 acres located at 6509 Ponderosa Lane. Development Conditions. The two carports were constructed without a building permit in July, 2009. Upon application for a permit after the carports were completed, the applicant was informed that an SUP is required for the construction of residential carports in Colleyville. Therefore, SUP request is to allow the two existing carports to remain as constructed on the property. The accessory building, on which the carports are attached, was constructed in 2006, however, the accessory building never received a final inspection. Waiver Request. Section 3.27 of the Land Development Code sets development standards for carports. The existing carports do not comply with the following standards: • A carport shall not exceed 480 square feet in area. The existing carports are 768 square feet in area. • The setback for a detached carport located completely within the rear yard may be City of Colleyville Page 1 Printed on 10/7/2009 Agenda Briefing Continued up to 5 feet from the property line. However, carport A does not comply with this regulation as it is 1.5 feet from the side property line. • The maximum number of carports allowed per lot is one. This lot contains two. • A carport shall not have a flat roof (minimum 2:12 pitch). The existing carports do not comply with this regulation. • The construction of the posts shall be brick, stone or decorative metal between 12" and 48" in width. The existing carports do not comply with this regulation as they are constructed with steel. Existing Conditions. The property is zoned R20-Single Family Residential and currently developed for single family residential use. The property contains a single family residence and the accessory and carport structures. Adjacent Zoning and Development. All properties surrounding this lot are zoned R20-Single Family Residential and are developed as single family residences. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A development analysis of the regulations and the proposed carport is attached. The proposed carport does not comply with five of the nine development regulations within the Land Development Code. Non-compliant regulations include maximum size, side setback, maximum number per lot, roof pitch and construction of posts. Public Notification. Staff mailed notices to 14 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 four (4) letters of opposition to this request. Summary. The carports do not comply with the Land Development Code requirements stated above. The applicant constructed the carports without obtaining the necessary building permit or approval of an SUP. Staff has written the draft ordinance so that the carports, if approved, would be allowed as constructed with the stipulations that in the event that the carports are destroyed or damaged to an extent of more than 50% of their replacement cost at the time of destruction, this SUP shall become null and void. Recommendation Denial City of Colleyville Page 2 Printed on 10!7/2009 Location and Zoning Map 5600 PUDR PUDR 6516 6517 6516 651? 6512 6513 Site 1 ~ 6513 6509 PUDC AG 6509 6508 6506 6505 6504 6505 R2 6504 6501 6500 6501 1312 6500 641 6416 6417 6413 6412 6413 6409 5408 6409 641' 2 6405 6404 6405 6401 6400 64x1 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR R an, Arthur 6516 Ponderosa Ln Colle ville TX 76034 6516 Ponderosa Ln Fu ua, William L 6517 Ponderosa Ln Colle ville TX 76034 6517 Ponderosa Ln Martin, Don V Etux Iris 6516 Kin ston Colle ville TX 76034 6516 Kin ston Dr Williams, Ral h Etux Louanne 201 Adams Ct Colle ville TX 76034 6512 Kin ston Dr Current Owner 6513 Ponderosa Ln. Colle ville TX 76034 6513 Ponderosa Ln Kniese, James E 6512 Ponderosa Ln Colle ville TX 76034 6512 Ponderosa Ln Hanzelka, Jose h R 6508 Kin ston Colle ville TX 76034 6508 Kin ston Dr R an, Gerald Case , A licant 6509 Ponderosa Ln Colle ville TX 76034 6509 Ponderosa Ln Justiss, James E Etux Cind D 1420 W Wall St Gra evine TX 76051 6508 Ponderosa Ln Shears, Thomas T Tr 6504 Kin stop Colle ville TX 76034 6504 Kin ston Dr Bo les, Martin Etux Catherine 6505 Ponderosa Ln Colle ville TX 76034 6505 Ponderosa Ln B erl , Mimi J Etvir Jeffre S 7109 Pebble Hill Dr Colle ville TX 76034 6504 Ponderosa Ln Youn , Kenneth W Etux Rhonda 6500 Kin ston Colle ville TX 76034 6500 Kin ston Dr Moeller, John A Etux Karla S 6501 Ponderosa Ln Colle ville TX 76034 6501 Ponderosa Ln Latimer, Michael F Etux Cind 6500 Ponderosa Ln Colle ville TX 76034 6500 Ponderosa Ln Public notices were mailed by Amy Shelley on Thursday, October 1, 2009. Signature ,~ c~a ~ ~ ~ Letters of Opposition Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning case number is ZC09-013. I am a long time resident of our city. I moved to Colleyville in May of 1978. I started working for the Colleyville Post Office in December of 1978. I am now retired from the post office. I have recently started working part time in the Villages of Colleyville. I have seen a lot of changes and most all of the changes have benefitted the residents and the community. Within reason, I believe our neighbors should be able to build structures, pursue their interest and hobbies in their own back yard. But in this case, the design, materials used, size of the structures, and open storage above the fence line, is out of place in a residential neighborhood. This structure has a negative effect on our property. There was no thought given to create harmony or a buffer between the properties. I am also protesting everything on our adjoining property line. Thanks in ad ance for your time and consideration. H 6508 Kingston Colleyville tx 76034 Community Developmern Department City of Colleyville 1 Main Street Co~leyville, Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning case rn~mber is ZC09-013. ~ ~ ; .~- ~,, ~.,.` ; ~ `~-- ~~ October 6, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change far 6509 Ponderosa Lane. The zoning case number is ZC09-013 ''-'~ l'/ ~7GC~Cl~ Rhonda Crocker Kenneth Young 6500 Kingston Colfeyville, TX 76034 6501 Ponderosa Lane Colleyville, TX 76034 81742-5271 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 7fi034 October 5, 2009 Re: Zoning Case Number ZC09-013 (6509 Ponderosa Lane} Dear Sir or Madam: I am unable to attend to attend the hearing on 10/12/09. Therefore, I am writing this letter in protest to granting this zoning request. I am not in favor of this change due to it negatively affecting the appeal and beautification of our street. Thank you for taking my opposition to this request under consideration. Sincerely, ~~.~ Karla Moeller Exhibits Provided by Applicant ?~ ReleletlDe No0. 1512YOt G.F, Na AR0416778¢ CT TNM tb: HIXIER~FNR TRLE COMPANY Plydweer. RYAN PROPERTY DESCRIPTION Lot 1 t, BIDeK 1. d ttMGS'TON ADDITION. en Ad~Yan b tIr CBy d CMervNe, TalTallt CouRY, Te1Tae, eooadlTq b the Wet tlwleof recorded h Vohene 38632, Pepe 71, d 61e Wet Reoade d TetTeelt l.olxlgr, Tear. LOT 15 LOT 16 LOT 17 Je6-32 / 71 Se6-7x / 77 N OF K See-Jx / 71 1ND. 7/a' RECORD - 100:00' . s/e• w. EAS. S 00' 54" W - 100.1 ' P. LOT 11 ~ 7TTa-7z / iT ao ABl7vE oltouNO aD POOL r I 1 t` ~ ~ w L a LOT 12 / T LOT 10 aee-J2 / 71 I ~ / ` te.2' x e.r r 1 7r-32 / 7t f HOOD MDC. ON WOOD C/ iD ~ ~ ~3 bi t C} dD f' or O m V Z •.. ~ ~ , (n T!< 283 ~ 1 e• ~~ / ~ 3 s ICK k n t¢ / orcinrurr 4 ~ i „} , i ~~ ;y.. ~: i' ~ 1 , W:Y`~n~~~~ /' FNO 7~. MEAS. OUE NORTH - 100.09' (CDNtROi ) • DYI~IIONAI. 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Photos;Submitt~ed~bysAp~il~an~ ; ~= ~ ~ r } ~. s. ` ~ ~ 1 ';. ~ i '`- # p3p . ~~ i - _ t _ ~ ~ fa_° -_ ~ - y ~ --. - . 4 s ~ a ~~ _ ~ i t - `T '. ~=•~i~y~ l o ~# ' N ~~~~1 °~ ~`r~ ~ ~ Y ~ •_ -~ ~~ C ~ -._.. ':'*' ~ ti. Z" ~~.; } ~ -__ ._ ~~ ~~,-~~~ . ~a ~ ,.~ r .fit l {;;.~~ ~ s ~~ .~ , ~ ~. °~ ~ •~ ~:~, f " :: -:; 1. _ ~ .~ ~_ -Y. f 3 ,r. i ~ ' ~ I _~_. w- ^ef ... ~t .. 1 , t ' ~ S ~~ ,! _ ' ' C 1~ ~. ' ~ ` ~~ ~~ ~~: ~ L% . ~~ 1 T q~iQ Y ~ 1 ..•~~~ x ~~ k: i ' . ' "fi~~ !. ~ t S ~~- ~' J• _ ~` _ _ ~ , ~~ ,~ 4~ ~ 'P ~ ~.. '~~ t _ ~9 .,•w ,' Development Analysis The Land Development Code requires that carports be considered on a case-by- case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONIN G COMPARISON Category Zoning Carport A Carport B Re uirement 1. Maximum Size 480 s uare feet 288 s uare feet 480 s uare feet 2. Longest Dimension 24 feet 24 feet 24 feet Allowed 3. Maximum 15 ft. to highest 11 feet 14 feet Hei ht oint of roof 4. Side Setback* 15 feet 1.5 feet 5. Rear Setback 5 feet 15 feet 15 feet 6. Maximum 1 1 1 Number per Lot 7. Paved Parking Concrete, asphalt In compliance In compliance Surface or avestone 8. Roof Pitch 2:12 minimum Not in com liance Not in com liance brick, stone or Not in compliance Not in compliance 9. Construction of decorative metal Posts between 12" and 48" in width '`Side setback may be 5 feet due to accessory structure location completely within the rear yard. However, height restrictions influence setback. 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 BY AUTHORIZING A SPECIAL USE PERMIT FOR CARPORTS ON LOT 11, BLOCK 1, KINGSTON ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC09-013; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission. to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners 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. Ordinance 0-09-XXXX Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for the carports on Lot 11, Block 1 of the Kingston Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevation Drawing attached as Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. No more than two carports shall be permitted and the carports shall remain as shown on Exhibit C labeled Building Elevation Drawing and shall meet the following requirements: Carport A (1) The carport shall have dimensions of 12 feet by 24 feet. (2) The carport shall not exceed 288 square feet. (3) The carport shall not exceed 11 feet in height. (4) The carport shall be a minimum of 1.5 feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a metal roof. Ordinance 0-09-XXXX Page 3 of 4 Carport B (1) The carport shall have dimensions of 20 feet by 24 feet. (2) The carport shall not exceed 480 square feet. (3) The carport shall not exceed 14 feet in height. (4) The carport shall be a minimum of five (5) feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a tin roof. b. In the event that any or all carports permitted under this ordinance are destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, this Special Use Permit shall become null and void. c. There shall be no additions allowed to either the carports approved by this ordinance or the accessory building to which they are attached without the approval of a new special use permit by the City Council. d. The carports shall meet all regulations of the Land Development Code, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-09-XXXX Page 4 of 4 Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general. welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Location and Zoning Map -Exhibit "A" ~~~~ PUDR PUDR 65 °) ~ 6517 ~~'~ 6 ~~'~ ,? 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'--, t r~' ~~-= ,~~ _~., City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 '~ ' ~ 817. 503.1000 ~~~~~- Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 10/12/2009 Agenda No.: 11 d Final Action: File Name: Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Attachments: Location and Zoning Map Site Plan Proposed Building Elevations Water Pumping Station Proximity Map Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Explanation The Trinity River Authority of Texas (TRA) has submitted an application for a Special Use Permit (SUP) to construct a water pump station located at 4602 Bransford Road. This request was approved by City Council on October 7, 2008 by Ordinance 0-08-1697, however, since a building permit or certificate of occupancy has not been issued within the one year period, the SUP has become null and void. SUP approved on October 7, 2008. Section 3.25 of the Land Development Code states "A special use permit approved by the Council shall become null and void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. The City Council may in its adopting ordinance, shorten or lengthen the time in which a building permit or certificate of occupancy must be issued in order to preserve the special use permit." Given this requirement, the current SUP approved for the water pump station under Ordinance 0-08-1697 expired on October 7, 2009. Although, as stated above, extra time could have been granted, the applicant originally intended to begin construction in the Fall 2008. As such, the applicant is proposing to renew the SUP under the current request. All of the Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission City of Colleyville Page 1 Printed on 10/5/2009 Agenda Briefing Continued conditions approved as part of Ordinance 0-08-1697 have not changed and have been incorporated into the draft ordinance. The only modification recommended by staff is that the SUP shall be valid for five (5) years from the date of approval if no building permit is issued. The requirements below explaining the development conditions match the original development conditions approved under Ordinance 0-08-1697. Zoning and Platting. The property is currently zoned CC1-Village Retail. The Land Development Code allows water pumping stations in any zoning district subject to the approval of a SUP. The subject property was platted in 2002 by the Trinity River Authority with the intention of developing the property for the pumping station. Proposed Building. The proposed structure will be a 2,053 square foot masonry building with a maximum height of twenty-nine (29) feet. The building will house three (3) water pumps, an electrical equipment room, a restroom, a storage room and a meter. Fencing and Screening. The property will be surrounded on the side and rear property lines by an eight (8) foot tall masonry screening fence. The applicant is requesting a waiver to allow an eight (8) foot combination wrought-iron and masonry fence with two gates to be constructed along the front property line adjacent to Bransford Road. Regulations for fencing are contained in Chapter 3 of the Land Development Code, which states that a fence located within the required front yard setback of a property can be no greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction. The applicant states that an 8 foot perimeter fence is a requirement for water pumping stations by the Texas Commission on Environmental Quality (TCEQ). The gates will be constructed so that they do not open toward Bransford Road. Lighting and Noise. The applicant plans to attach security lights to the front of the building and to have directional lights affixed to the front corners of the building that will direct light along the sides to the rear of the property. The building will contain three (3) water pumps, each running on a 40 horsepower engine. The applicant has stated that the horsepower used will not generate any discernable noise levels beyond the property line. The applicant must maintain lighting and noise levels that do not adversely affect neighboring residential properties. Landscaping. The applicant has submitted landscaping that, at a minimum, meets the requirements of Chapter 4 -Landscaping and Buffering - of the Land Development Code. Landscaping will consist of two (2), five (5) inch caliper, Live Oak trees and ten (10) Buford Holly shrubs planted along Bransford Road at the front of the property. Sidewalks. The Land Development Code requires a five (5) foot sidewalk along Bransford Road. The applicant will be required to improve the existing sidewalk so that it meets this and all other requirements of the Land Development Code. Surrounding Zoning and Development. A small portion of adjacent property to the north is zoned CC1-Village Retail and is vacant. Directly north and adjacent to this lot is an City of Colleyville Page 2 Printed on 10/5/2009 Agenda Briefing Continued R40-Single Family Residential area, developed as single family homes. The property to the west and south is zoned CC1-Village Retail and developed with the existing water pumping station. The properties to the east are zoned CC1-Village Retail and developed as a gas station and automotive repair. Public Notification. Staff notified 9 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, staff has received no letters in response to this request. Summary. The applicant is requesting the relocation of the water pumping station based on right-of-way acquisitions by TxDOT along SH26. The proposed water pumping station will assist the City in meeting future water needs. With the exception of the addition of a five-year expiration period for the SUP, the conditions stated above and detailed in the draft ordinance have not changed and match, exactly, the conditions approved under Ordinance 0-08-1697. Recommendation Approval with the conditions stated in draft ordinance. 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TEXAS ?b03~¢ ~ ,. ,.' ! ~ ~ I 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 BY AUTHORIZING A SPECIAL USE PERMIT FOR A WATER PUMPING STATION ON LOT 1, BLOCK 1, OF THE COLLEYVILLE WEST PUMP STATION ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC09-014; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-09-xxxx Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a water pumping station on Lot 1, Block 1, of the Colleyville West Pump Station Addition, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit (SUP) shall be for a fully enclosed water pumping station, with a maximum gross floor area of 2,053 square feet. b. The location, landscaping and layout of the building shall be generally consistent with the attached Exhibit "A", Exhibit "B" and Exhibit "C". c. The building shall meet the building design requirements stated in the Land Development Code. Exterior building materials shall be limited to masonry only. d. The structure allowed as part of this SUP shall only be allowed in conjunction with the use of a water pumping station. Any other use of this building shall be deemed to be a violation of this ordinance. e. An eight (8) foot masonry fence shall be constructed along the entire length of the side and rear property lines. f. An eight (8) foot combination wrought-iron and masonry fence shall be constructed along the front property line, adjacent to Bransford Road. g. No gates shall open toward Bransford Road. Ordinance 0-09-xxxx Page 3 of 4 h. Exterior front lighting shall be limited to a security light located along the front and front corners of the building, to be mounted on the building. Lighting shall be arranged so as not to illuminate on adjacent residential properties. i. A minimum of ten (10) Buford Holly shrubs and two (2) Live Oak trees, each a minimum of five (5) inches in caliper, shall be planted along the front of the building along Bransford Road. Spacing and planting specifications shall comply with Chapter 4 -Landscaping and Buffering of the Land Development Code. The water pumping station shall, at a minimum, be monitored by a wireless security system, including video cameras. k. There shall be no permanent onsite personnel stationed at the facility. I. There shall be no outside storage of any materials allowed on the property. m. This facility shall comply with all City of Colleyville noise regulations. n. The property and building shall meet all the requirements of the Land Development Code, except where amended herein. o. If no building permit has been issued for the primary structure approved by this ordinance, this Special Use Permit shall become null and void five (5) years from the date of approval of this ordinance. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-xxxx Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map Exhibit B -Site Plan x.3..7 Ll 1 ~J C~7 ;~ I f. k ~_ 11 ~ /~ ~3 !/ ~ ~_ f ~~ is +~ ~ ~ ~ ~?~' ~ ~~ I i 'I ; i, ~~ S j I ~~ s a ~ u Ir-' ~ g Yr , {`~ ~ (~ ~~ 4 1 ~~ ~~ -- ~ ~~ '' - ~ ~ , ~ ~~. ~I { ~,~ pfi r ~, G a. ~ U Ci cc, cn ?~ ; r ~i ~.~ . 1 ~ ~ .-. ^{ N .( 7`" <~ ~ ~~~ I `~: ~' I ~? ~~~ ~ ~~ b~ N w I # , la 1 a ' ' ~C i s s a 3 w~~ =-- -_ _ ,,.... t I v ~ 1#717,63. ~ ._.--~.'_"-'-t}--._.~. ~~ ~ ~ I ~. ~'~~ _ _~ ~ `~'e" € _ . ~ a5 - ~~,~ "~' E ~ _ - ~ ---._.,.._._... r.~ b~ ~ i ~_ ---•-w_. , r ~ _ _:._ x ,_. ___,.~,_ ,~ r ' _._... ~~ ~~ i I A ~ , ~ ~~ •-... it t i ~` i 1 / .g~? ~~ ~ e I ~ r' ~ t r -~ ~ ~;~~ J ~ih~ d ~ , ,~'`l ~ ,~ t ~^44 ~ y `~ l - ~~?,, l ~ 1 ,t j, Exhibit C -Building Elevations ,~~~r ,o= ~ F pg ~3s r?, ~ i -~ ~~ ~ :~ i X ~ ? _ ~ ° ~ ~ ~ b . ~" , ~ P 35 3# ~ ¢ ~~ ~ p ~ ~,~@~y~~ ~ ~P ~ 'C ~ ~ ~ rt \ ^ ~~ ~ a 1 i 5, F~ ~ d ~~ ~ € $ F 4 L F ~~ g ~ ~~ N ~ _ ~ a ~ ~~ . n . m Ib y ~ §'~ 5 ~J. ~ a f. ~ D r ~ ~ g ~~~ 7 g~ ~~ ~ ~ ~ f / ~~ '9 ~~ ~p ~+ ~ ~ q sg ~ ~ ~ ~ ~~ ~ ° Er ~ _ _ ml ~ ~ ~ ~~ ~ R ~ ~ ~~ 4g $ P <. 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(.~ ~ ~ a~ iU ? u ~ ~ D . ~ ~ ~ " d_ ~ ~ a ~ ~ 2 ~ ~~ ~ ~ m ~+i ~~ ~ ~ ~ ~,~~ ~,, Cit of Colle ville City Hall ~~~"~ Y Y 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing s17. so3.,o00 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 10/12/2009 Agenda No.: 12a 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 1 10/12/2009 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 Update The Planning and Zoning Commission tabled this item to give the applicant an opportunity to address their concerns. 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. City of Colleyville Page 1 Printed on 10/5/2009 Agenda Briefing Continued 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. 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 City of Colleyville Page 2 Printed on 10/5/2009 Agenda Briefing Continued -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 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 City of Colleyville Page 3 Printed on 10/5/2009 Agenda Briefing Continued 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. 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 City of Colleyville Page 4 Printed on 10/5/ZOO9 Agenda Briefing Continued 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. 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 ~e-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 City of Colleyville Page 5 Printed on 10/5/2009 Agenda Briefing Continued 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 was 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. Summary. The proposed development complies with the future land use designations of the Master Plan. However, the proposal submitted by the applicant lacks specifics, particularly with regard to locations of proposed uses, proposed use breakdowns by square footage, landscaping, screening and access. Staff has prepared the draft ordinance such that the lacking specificity is addressed through base Land Development Code requirements, recommended caps on building size and minimum screening and buffering requirements. Additionally, many of the provisions of Ordinance 0-04-1484 have been carried over to the draft ordinance. Recommendation Approval, with the conditions stated in the draft ordinance. City of Col/eyville Page 6 Printed on 10/6/2009 Location and Zoning Map 11 AG X312 PUDG 8~1 PUDR 1732 6120 6125 8117 6~2y2{0~ 6212 2003 20x5 20a~ 2004 zaaz 2003 2005 2000 200 AG R20 2001 X03 s31 ~~ _ 630s s30s 6304 6505 6212 41 6300 6301 w 6210 6219 6216 6215 6215 6212 6211 620$ 6215 6211 31 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 Colle ville TX 76034 001800 Industrial Blvd Sparks Southwest Inc 1804 Industrial Blvd Colle ille TX 76034 001804 Industrial Blvd Geneva Realty Mana ement 1808 Industrial Blvd Colle ille 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 Tumberry 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, Bil-y 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 Ltc 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 Colle ille Blvd Colleyville Properties Llc 3145 Gea 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 Landscapine and Fencin 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 ~1~ ~~~ \~ 1 ~ ` ~' "```~., ~ ~\ ~ ~ ~~.~~ o i ~ ~~~ j `~.~ n !{ ~.~ ~.~_a ~~ ~ I ~~~~ ° c~ ~ ~~ _W ~ ~ ~ _ ~~ ~ ~r ~~~ R~ ~~~ e ~~~ s ~~ I ~, P ~ Ni m 1 . " ~ ~,,_ ~~~ ' ~ p _ ~ ,~ ~? r ~ D ~ ___ " O ~ ~~ ~. .. ,. ~~~.Z ~~ ~~~ ~~~ '~ ~ F ±~ .. ~~~ ~ ~ ~ ~,. .... __....___ :...._ __. .. ...._._. .....__. ._i ~_~ ~.~ ~ s ~ 8 ~ .... _ ~.. ._. .. __~ ~ ~ ~ o rs ~i '~~ .. ~- .... ... ti;~ R.v ~ ~ ,_._, ..__.._. ~ 'w m .._ .. .. _ ..~ ~ ..~_..... .. E 8 _ - ~. r. ~ ~a1 ~.. ~ ~ > ~ ~ ~ „~. ~ . _.. ~ ~.... ' _. z ~ 9°~" ~ r 5__5~~qqxx w ~"!0~ ~ ~ __._ a ~--- ~ ....__ _ ~~ ~- w _~ -• Y 1 ~ e ~ i' ~~R „S7 a O ~ - ~ O ~~ ~ ~ f~ ~`i m n 11 Q Z ~~ farar ¢ ~ ~ .~ y~e ~ 3.~ :+ ~~ ~ Y a ~ ~ . p ~ ~ ,; ~ 1 ~ 7 ~ Building _, Elevations ~~ ~o z ~ :,. ~ ' z f ~_ ~;~ a m ~~ s~ , ,m ~~ ~ ;; -o ~ . ; ~ i; .~ : • n r ~ m } ~ ~ i~ -bi .r ;,. , _ m - m ~ a ~ _' ~ ~ .~ ~ 1 '~~ ,... ~ p z Q _ _ ~ r~r ~ , . r~ y, ~ ~= t' ~ _ - ~_ _, ~ O ~ .n to ___ m r m a ~ rn ~ ._.. ~ _ .__ o ~ ~ m .` S ~ ~., ~ _._.. ~, t t _, .. '. - r'r .. , Q ~ _ _ D , 31 m i _ ', , _. ~' p c ~ m _ ___. T a n _ _ _. _ r =~ - m _ _ ~. ~~ b ~ y d Q I .. 3 .. 3 ~ F ~ ~ ~ ~ ~ ~ ~} D ` ~~ ~g _ fl ', ~ (~} ~~ ~ p~ ~' ~ l~ ~~z~m , ~' ORDINANCE 0-04-1484 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEWILLE, 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 Colleyville 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 lT 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: 11. o_ 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 Page2of4 b. This property is subject to all the regulations contained in the Colleyville 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 u~+n. 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 shat{ 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 "D 1-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 Colleyvitle, 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 ~'~°e day of 2004. ~; ii ~ ATTEST: Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: ~. s Ro s T. Oster City Attorney O doe Hocutt Mayor EXHIBIT A -ZONING MAP PU -C o-02-1 0-99-1157 O-0o-1211 C ~i yvii ,o ao2-~ d ~a p r ~v ~ ~o .. O- 12 v~ EXHIBIT B -METES AND BOUNDS DESCRIPTION ADDRESS: 6405 ColleyvilltBoulcvard, COLLEYVIt.i.RTexas. LEGAL DESCRII'TION TRACT 1 (FROM AG TO PUD-C) BEING a portion of the A. J. LOTT SURVEY, Abstract No. 963, in the City of Colleyville, Tarrant County, Toxaa, and being that creme tract of land coavaytd to R K Reynolds by deed recorded in Vohune 6435, Page 122, Deed Records, Tarrant County, Texas, described by metes sad bounds as follows: BEGINNING st a 1/2 inch steel rod for the northwest corner of said R. K Reynolds tract and being the northeast comer of Lot I, Block 1, TINKER CROSSING, an addition to the Chy of Colleyville, Tarrant County, Texas, as recorded in Cabinet B, Slide 1564, Plat Records, Tarrant County Texas; 'THENCE North 88 degras 34 minutes 32 seconds East, 157.41 feet to a S/8 inch steel red found; THENCE North 88 degrees 57 minutes 00 seconds East, 127.41 feet along the commas line with Lot R- 14-1,Block 1, COLLEYVILLE INDUSTRIAL PARK, an addition to the City of Colleyville, according Tb the plat recorded in Vohtme 388-190, Page 14, Plat Records, Tarrant County, Texas, 124.71 fret toe 1!2 inch steel rod found; THENCE continuing along said Lot R-141, South 00 degroes 23 minutes 07 seconds East, 162.47 feet to a I!2 inch steel rod set capped T. Vogt is dre south line of said A. J. LOTT SURVEY, THENCE along the south lint of said LOTT SURVEY, South 89 degas 54 minutes 54 Seconds West, 293.14 feet to a 1/2 inch steel rod set capped T. Vogt; THENCE North 03 degrees 37 minutes 13 seconds East, passing at 29.86 fat a 1/2 inch steel rod for the southeast corner of said Lot 1, Block 1, TINKER CROSSING, and coatinrring along tlm east line of said Lot 1, Block 1, for a total distance of 157.93 feet to the PO1NT OF BEGINNING and containing 1.OS6 acres of land more or less. LEGAL DESCRIPTION TRACT 2 (FROM CCl TO PUD-C) BEING a strip of land descnibed u a road is Deed recorded in Vohnne 6435, Page 122, Deed Records, Tenant County, Texas, descnibed by metes and bounds as follows; BEGINNING at a 1/2 inch stal rod found for the eoutheaat corner of Lot 1, Block 1, TINKER CROSSING, an addition to the City of Colkyville, Tarrant County, Texas, according to the Plst Recorded in Cabinet B, slide 1564, Plat Records, Tarrant County, Texas; THENCE South 03 degrees 37 mirmtes 13 seconds Wtat, 29.86 fiat to a 1/2 iah shoal rod set capped T. Vogt on tint South line of the A. J. Lott Survey, Abshact No. 963; THENCE South 89 degroes S4 miautea 54 seconds West, along the South lice of said Survey, 347.32 felt to a 1/2 inch atal rod found in the Southeasterly line of State Highway No. 26; THENCE North 29 degraa 16 minutes 00 seconds East, with said highway, 31.60 felt to a S!8 inch atal 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 land, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN 3ir35 Yes ~ ~` ~ ~i tt.\ ' .ii ~ J~. - ~ ~ i ._ J ~ y I ~ ~ i i ~ ' ~ ~ . ~ ; .. ; N ! i j I ~ i . r~ ~ ` ' ~ ~ r U .. ': W ~ } i i 3 :• c, i U N ~ ~ ) :1 .v . ~~ ._. ...._ _ _ ~ ~~ `a:ar . .' t r t. 1 W ~ J ~. .I. .. ~_ , .. ~~ ! ~ f ' 1 ~ n ~i ,; 1~1 ~ n. M ' a. ,'• ! , •{/~ ~a ~, ~. ~ !' I ~' ~ , ~ r • • } ~ ~ ' ~ s, r~ i ` ~ ' i j ter ~ j :. ~~ (i '.~{ ': ~ ~~~ 4, r' ~ -~ ~ ~ . ~ .?~. --.`ss . .,``,` I r `i. =~ : . ~ ~ ; , ~3 4 ,```_ ` `. ~~ I, Zy ,-Y` `may ~' , EXHIBIT D1 -CONCEPTUAL BUILDING ELEVATIONS -_~____- ~ . e ___ ~ -- i; ' , ~ ~ ~ j I Q g ~ ~- ~ ~ 'Znnl Z ~~~ / V~ i ~ ~ NI j' -~ s3 ~ -. t~ 1 . ~ Q ~I4~ , S1 ~'I t f ~. Z' D ~~ „~ W' ~,~~,, ~I Q ' 3 t, + , ~ ~, ~~: ,_ ~~~ obi ,,:: a. ~~,,,, -.-- a < -- .. ~~ ;; __i u .:~ ~ 1 ~, y~ ~~ ~ ~ ~~' ppp'~~~~~ ~ U1 .+ ~~ ~vu~. ii ii it iC m~ LLL ~ 1 - fly9NNy9 ~ ~U ,t i7 ~` ~i V' ~ ~ ~ ~ ~~ ~~ ~~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~ .~ ~ ~~ ~. ~ ~ ^~ ~ ~ iF ~~~ ~ ~ ~ ~ ~~. ~~ ~ ~ ~ ~ li M • ~ ~~~ ~•~ ' k } ~~ .. ~~. -~~~ ~~ ~~ ~~ ~~~ 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 26 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 1. 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 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 tl~riits~ ~ "~-'~- Location ana ~vning snap 6F~60 2003 PUDC a~oa __-- 6dOd 2047 84Qtl ACS 200d 2402 AG 2003 2005 6312 2000 200 AG PUDC R20 2aot ~: a r ^ ~ sJoa ss1~ ~3~0 ~ ,- 6309 >i &215 PUDR 1732 s3t~a 630b 6212 41 6300 "" 6301 6211 +6125 6220 6219 6216 6215 6210 '6 6215 6212 6.11 b208 6117 5'12 EXHIBIT "B"- Legal Description for Unplatted Properties (Insert Here) EXHIBIT "C"- Concecptual Site Plan ~""~, ~. 3s ~~~~ s os . `•~. a ors p 9 ~ _ ~, - ~ ~~a ~Ea ~ ~ ~ ~ ~ ~ ;. ._ t ~ ~ ~-. _ ~, ~ ~. ~-.~ d ~~ ~~ ~ ~~€~ a b 6 ~ ~ ~ C _ iC ~ ~ ~ ~(! I s~ a~~ ~ r~~ ~' ~ ~ _ °a~ ~-~ - - - ~ ~ 1 ~' s ~ '`~~ z ! ¢ ~~~ 1~~ ~ i. M - I. !~ e ...}5 7 1 F ~ Q ~~ M ~ ~, j ~~----__.__ y ~ ~q ~ _~ RS ~ m ~ ~~ ~ c'C '~ ro :.: iJ;bid! c 33 ts'vY; a~ >~~ ~~~ -< f ~F ~~~ ~ a ~~ ~, '~ ~E_' . ~1n ~;~ IIm r~r` ~„ a ~ ~'~ ~ `' E'. __ -__,_r t _. ~ _ xI T~~ ~ _ __ :~' ~ ~ ~~ ~} ,o = '~" _ 2~ ~~ ~ :~ ~~~e~z~ s ~ ~ ~`~ !~ S~'~~'~ ~£j~ ~_. s EXHIBIT "D"- Building Elevations ~~i11~ i~~~~~~ r ~ ~'~I Iii i~ x~~ ~_~ .~ ,~1 m t~En ~' "~ E~