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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/9/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni ~nllainiillA ~nr-~ "r~~s~.: Meeting Agenda Monday, November 9, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~~- City of Colleyville ,. ~ Meeting Agenda nun: Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 9, 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 Knox 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES October 12, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 City of Colleyville Page 1 Printed on 11/5/2009 Planning and Zoning Commission Meeting Agenda November 9, 2009 8. TABLED 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 9. A~JOU~IIl~ENT I hereby` d~ertify the ab¢v~ agenda was posted on the bulletin boards at City Hall on Thu_. d y, Novembe , 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 11/5/2009 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 'enenei n~llr+~niillr+ n~rv~ C>l~w~,;c~~~ ~` fJ'~ ~ ~; ~~- 1%•\ii"~ Minutes -Draft Monday, October 12, 2009 6:15 PM City Council Chambers Planning and Zoning Commission City Hall Cat of Colleyville 100 Main Street ~;~x ~f ~ ~_ ~ Y Colleyville, Texas 76034 Minutes -Draft 817.503.1000 ___, www.colleyville.com Planning and Zoning Commission 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 12, 2009 at 7:05 p.m. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Planning Intern Sarah Coplen, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the September 14, 2009 meeting minutes with the corrections to paragraph 5 on the sixth page; adding a statement from Commissioner Phelps. Commissioner Knox seconded. 6. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to the reappointed members: City of Colleyville Page 1 Printed on 10/15/2009 Planning and Zoning Commission Minutes -Draft October 12, 2009 David Dudziak, Place 5 Michael Clardy, Place 6 Larry Knox, Place 7 7. 8. 9. 10. 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 Ron Ruthven presented the case and briefed the Commissioners. Larry Stewart, the applicant, and Darrel Forsberg, the property owner, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mr. Forsberg, if two lots can be platted instead of the three? Mr. Forsberg replied three lots would make a better investment to the builders; two lots would be a higher price. Mr. Stewart replied sure, either way works. He stated there are drainage issues currently on the property and three lots would make the drainage easier. Commissioner Phelps questioned Mr. Stewart regarding if the drainage easement on the plat is dependent on something on the property? Mr. Stewart replied the easement is not dependent on the lot. Commissioner Clardy questioned Mr. Stewart how the three lot division ELECTION OF OFFICERS Commissioner Redfearn moved to nominate Commissioner Byerly for Chairman; Commissioner Dudziak for Vice Chairman and Amy Shelley for Recording Secretary. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE Commissioner Phelps moved to nominate Commissioners Dudziak and Clardy to the Park Land Dedication Committee. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS City of Colleyville Page 2 Printed on 10/15/2009 Planning and Zoning Commission Minutes -Draft October 12, 2009 could improve the drainage? Mr. Stewart replied thinking it would be a little easier, however, not knowing if there is a big drainage issue. Mr. Forsberg stated one of the neighbors would like to have only one lot next to them rather than two. He stated they are trying to do what the neighbors would like to have. He stated having some high end builders interested if there are three lots. He stated this will increase the tax base. Commissioner Phelps stated this is a request for a minor plat that is not in conformance with the zoning but it's not a request for rezoning. He stated this would be an exception to the zoning. Commissioner Byerly concurred, these lots do not meet the zoning district requirement. He stated this is circumventing the rezoning process; need for the public hearings and notifications. Commissioner Byerly moved to deny case PC09-011. Commissioner Redfearn seconded. The motion to deny carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:28 p.m. Kevin Wolf, the applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:29 p.m. Commissioner Redfearn moved to approve case PC09-012. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 11 b Approval of an amendment to the PUDC-Planned Unit Development City of Colleyville Page 3 Printed on 10/15/2009 Planning and Zoning Commission Minutes -Draft October 12, 2009 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:35 p.m. Ray Collins, the applicant, came forward to present the case and brief the Commissioners. Commissioner Byerly questioned Mr. Collins regarding if the original 50 foot buffer is being requested to be reduced to 25 feet? Mr. Collins replied yes, however the buildings are situated and designed so that they are beyond the original 50 foot buffer. Commissioner Phelps questioned Mr. Collins regarding what is the general purpose of the open space area in the middle of the property? Mr. Collins replied the creek that ran through the middle of the property was rearranged and the landscaping for the development will be incorporated in this area to help divide the property. Commissioner Phelps questioned Mr. Collins if the open space in the middle will be used for public use or private tenant uses? Mr. Collins replied they are probably going to set up a commercial HOA within the tenants to maintain the center area where the creek is. Commissioner Dudziak questioned Mr. Collins regarding if only 221 inches of trees are going to be put in and will most of those be used in the creek bed or around the creek? Ron stated the 221 inches is the minimum requirement. He stated staff is incorporating that waiver request which was a condition of the waiver granted by the Planning and Zoning Commission last year. He stated they will still have to plant the minimum landscaped trees in front of the buildings and between the buildings. Mr. Collins replied they plan to plant more trees on the lots; same design as the first building that is currently in place. He stated the buildings will also be similar to the one currently in place. Commissioner Dudziak questioned Mr. Collins if he would have any issues with being required to construct an 8 foot masonry fence on the western portion? Mr. Collins replied he would prefer an 8 foot wooden fence. He stated he would prefer to incur the cost of an 8 foot wooden fence as opposed to the masonry. Commissioner Dudziak stated there would be cost savings in the landscape buffer in addition to only having to plant 43 waxed myrtles planted every 15 feet versus every 6 feet. Mr. Collins replied there is argument for that and stated he would agree with the option to be able to come back and mitigate later for the fence. City of Colleyville Page 4 Printed on 10/15/2009 Planning and Zoning Commission Minutes -Draft October 12, 2009 Commissioner Rotthaus concurred with Commissioner Dudziak and stated a masonry fence will hold up better over time and will look better. There being no one wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Dudziak moved to approve case ZC09-008 with an amendment to have an 8 foot masonry fence along the western boundary. Commissioner Rotthaus seconded. Commissioner Phelps made a friendly amendment to retain the original 50 foot buffer to those western neighbors. Commissioner Byerly stated since the neighbors have not objected to the reduction of the buffer, he does not have an issue with the reduction either. Mr. Collins replied the 8 foot masonry fence will help with the noise of the development and he stated the buildings will be at least 50 feet away from the property line. Commissioner Phelps questioned Mr. Collins regarding if the masonry fence will replace the existing fencing? Mr. Collins replied yes as well as the planting of the wax myrtles. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 11 c Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Commissioner Byerly recused himself from this agenda item and Vice Chairman Dudziak took his place. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff regarding the property line, is it where the fence line runs? Ron Ruthven replied yes, typically where the fence line runs. Commissioner Dudziak questioned staff regarding if the ordinance is a draft or courtesy ordinance for staff? Ron Ruthven replied the ordinance is written so that if the request is approved, the Commission would approve the draft ordinance. Commissioner Dudziak opened the public hearing at 7:50 p.m. Casey Ryan, the applicant and property owner, came forward to present the case and brief the Commissioners. City of Colleyville Page 5 Printed on 10/15/2009 Planning and Zoning Commission Minutes -Draft October 12, 2009 Commissioner Knox questioned Mr. Ryan regarding if the 1.5 on the diagram is in relation to the property line? Mr. Ryan replied yes, the carport is 1.5 feet from the property line. Commissioner Redfearn questioned Mr. Ryan regarding if the accessory building was built when the property was purchased? Mr. Ryan replied yes. Commissioner Redfearn questioned Mr. Ryan regarding if he was unaware that the carports would need to be permitted? Mr. Ryan replied yes, he thought it would be fine to put the covers over his toys. He stated he knew the building needed it, just didn't think the carports did. Commissioner Redfearn questioned Mr. Ryan regarding how did he become aware that permits were needed? Mr. Ryan replied somebody must have called the city. He stated he got a letter and then he came in to ask somebody what he needed to do. James Kniese, 6512 Ponderosa Lane, spoke in opposition to the request and stated the appearance of the buildings are not aesthetically appealing with the neighborhood. Mimi Byerly, 7109 Pebble Hill, spoke in opposition to the request and stated the carports will hurt the resale value of the lots. There being no one wishing to speak, the public hearing was closed at 8:00 p.m. Commissioner Clardy questioned staff if the accessory building complies with the Land Development Code? Ron Ruthven replied the building does comply with the Land Development Code. Commissioner Phelps questioned staff regarding if the accessory building was approved? Ron Ruthven replied yes. He stated there was no final inspection done on the accessory building. He stated he will ensure the final inspection. Commissioner Phelps moved to deny case ZC09-013. Commissioner Redfearn seconded. The motion to deny carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps Abstain: 1 -Byerly 11d Approval of a request for a Special Use Permit for a water pumping City of Colleyville Page 6 Printed on 10/15/2009 Planning and Zoning Commission Minutes -Draft October 12, 2009 station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Commissioner Byerly returned. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding what is the reason behind giving the Special Use Permit an expiration date of 5 years? Ron Ruthven replied the expiration was extended to give Trinity River Authority (TRA) a larger cushion (more time) to bring in a building permit to build the station. Commissioner Byerly opened the public hearing at 8:06 p.m. Ron Tamada, the applicant and representative for Trinity River Authority, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Tamada if there is funding in place for the station? Mr. Tamada replied yes there is funding. He stated TRA has sold bonds to construct the project, however, there is a reimbursement request that has been submitted to TxDot. He stated they would prefer to save the citizens of Colleyville money by getting the reimbursement funds. Amin Chitsazan, property owner at Colleyville Boulevard and Bransford, stated he would like the time limit to be reduced so that TRA will be forced to move forward so that it will not delay him from developing his property. He stated they will be coming across his property for sewer lines. He stated he would prefer the time limit not be 5 years. Commissioner Dudziak questioned Mr. Chitsazan regarding how he knows that TRA will be coming across his property? Mr. Chitsazan stated TRA has already talked to him about purchasing the right of way for the pipes. He stated they have already negotiated the right of way purchases. He stated it was not much. There being no one wishing to speak, the public hearing was closed at 8:12 p.m. Mr. Tamada, came forward and stated TRA has an existing right of way easement along Colleyville Boulevard that will run to Bransford Road. He stated they purchased an additional 5 feet of right of way width from Mr. Chitsazan because of the relocation of the piping. He stated when they relocate from the current location to the new location the width of the easement was not going to be sufficient for the piping. Therefore, they purchased additional right of way. He stated he does not think this will prohibit Mr. Chitsazan from developing his property. He stated if he City of Colleyville Page 7 Printed on 10/15/2009 Planning and Zoning Commission Minutes -Draft October 12, 2009 wants to develop, they (TRA and Mr. Chitsazan) will have to coordinate the efforts so that they are not working on top of each other. Commissioner Byerly stated staff has recommended the five year limitation on the SUP. He questioned Mr. Tamada if they anticipate within the next year this project will be done? Mr. Tamada stated they are anxious to move forward and have expected to hear notice from TxDot regarding the reimbursement. He stated they do not anticipate the five years but they are at the mercy of another agency (TxDot). Commissioner Rotthaus questioned Mr. Tamada regarding is the bond issued to pay for the construction of the station? Mr. Tamada replied yes. Commissioner Rotthaus questioned Mr. Tamada regarding if the reimbursement is simply a cost savings to the community but there is nothing financial that is keeping TRA from beginning construction? Mr. Tamada replied one of the conditions of the reimbursement request was that we do not advertise the project for an award contract until TxDot has approved the reimbursement request. Commissioner Dudziak questioned Mr. Tamada if TRA is going to reimburse the property owner if he is impeded in his development, such as if driveways, sidewalks and so forth are destroyed, will those be replaced? Mr. Tamada replied yes. He stated they would restore whatever existing structures are in place at the time of their construction. Commissioner Phelps questioned staff regarding if the five year time limit versus the one year is basically for lessoning the burden on the Commission of having to go back through this same process? Mr. Tamada replied yes and Ron Ruthven replied yes. Commissioner Phelps stated TxDot will move at their own pace, this will not help speed up their process. Mr. Tamada concurred. Commissioner Clardy questioned Mr. Tamada if there is anything that would preclude TRA from acquiring those easements? Mr. Tamada replied they have already acquired the easements from Mr. Chitsazan. Commissioner Dudziak stated the time frame should remain at the one year. He stated if the station is not moving forward during that one year time frame, then the SUP should be reviewed every year until it is completed. Mr. Tamada concurred. Commissioner Dudziak moved to approve case ZC09-014 with a one year time limit on the SUP request as opposed to a five year time limit in the ordinance. Commissioner Knox seconded. City of Colleyville Page 8 Printed on 10i75izuoa Planning and Zoning Commission Minutes -Draft October 12, 2009 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 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 As a request by the applicant, this item will remain on the table. 13. ADJOURNMENT The meeting adjourned at 8:19 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 9, 2009 by 9 a.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 9 rrmrea on -vi ~aicvva i.V~r, ^ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ,k...„ 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: 11/09/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 Attachments: Location and Zoning Map Notification List Letters of Support Statement of Planning Objectives Letter from Property Owner Site Plan Transportation Plan Landscape Plan Grading and Erosion Control Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/09/2009 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 Explanation Titan Operating, LLC has submitted an application for a Special Use Permit (SUP) for a gas well drilling and production site on 53.2 acres located at 7612 Pleasant Run Road. As part of the request, the applicant proposes to establish a well drilling and production site and a fresh water fracturing pond with initial construction proposed to begin in the third or fourth quarter of 2010. This agenda item is to consider the SUP request only. The actual process of permitting the individual gas wells at this site is a separate process that will require separate permits approved by staff. The permitting process for the individual gas wells requires the gas operator to demonstrate compliance with the technical details, safety issues and other regulations as indicated in Chapter 3.1 of the Land Development Code. Existing Conditions. The subject property is owned by the Quenichet family and is currently zoned AG-Agricultural and is not platted. The property currently contains a 2,019 square foot single family residence and along with a barn. Review of Gas Well Drilling Operations. Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and City of Colleyville Page 1 Printed on 11/6/2009 Agenda Briefing Continued production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 10 feet of each other and can access areas 360 degrees from the well site much like spokes on a wheel. - Drilling operations include the initial vertical penetrations of approximately 8,900 feet to the Barnett Shale and horizontal drilling up to 6,000 feet which allows for the reaching of subsurface properties more than a mile from the well head. Drilling typically lasts 30 days and involves 24 hour drilling operations. However, site development, which includes the erection of major drilling towers, installation of sound reducing devices, drilling and other activities, may only occur between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. - Fracturing operations involve pumping massive amounts of pressurized water and sand into the well head that stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days and may involve flaring to make the gas ready for production. - Gas pipelines are required to be constructed in order to get the gas transported to market; they must be built directly to the gas well site and connected and distributed to major markets. - Production is the final process whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does, however, require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. Drilling Site Plan. The site plan indicates a two acre pad site where drilling and production will occur. As indicated on the site plan, the pad site and all operations are surrounded by a six foot solid screening fence with eight feet along the southern boundary where it faces the Quenichet residence. The site's access road off of Pleasant Run Road will consist of a 24 foot wide concrete approach with the remaining 380 feet of road constructed of milled asphalt or crushed concrete. The gate is proposed to be located 100 feet from Pleasant Run Road. The fenced drilling area will be paved with crushed limestone during operations. Staff recommends that the entire road be composed of an all-weather, 24 foot wide, asphalt or concrete surface during drilling with a fire approved turn-around with the final road surface and production pad (where the final water tanks are located upon completion of all drilling activities) to be composed of concrete meeting the commercial fire lane standards found in Chapter 14-Engineering Design Standards in the Land Development Code. This provision has been added to the draft ordinance. The site will also contain construction trailers, mud pits, pipe racks and pipe storage, crew housing and the drilling apparatus which will be up to 137 feet tall. All equipment will be removed from the site upon completion of drilling activities. The applicant proposes to drill up to 13 wells over a five to seven year period. City of Colleyville Page 2 Printed on 11/6/2009 Agenda Briefing Continued The site will be graded to include a retaining wall along the northern end closest to Big Bear Creek. Staff recommends that the exterior of the retaining wall be composed of natural stone or pressed concrete/masonry that resembles natural stone. Fracturing Operations. All fracturing operations will be performed on the drill site and completely contained within the pad site. Water utilized for the fracturing operations will come from a fresh water well to be drilled by the applicant and from the City water supply to paid for by the applicant. All fresh water will be stored in a 2.9 acre fresh water pond to be created by the applicant. The applicant will be required to upgrade the existing six inch water service line that serves the property to an eight inch water line. Pipelines. The site plan indicates a pipeline easement running westward from the drilling site then south across the subject property to the adjacent property. However, the applicant has not determined the final location of the pipeline route. The applicant states that the pipeline route will be determined prior to the commencement of production activities. Staff recommends that, as a requirement of this SUP, a separate pipeline plan be submitted for additional approval by the City Council prior to construction of any pipelines. Production/Operation Site Plan. The production site includes the two acre site to be surrounded by a six foot solid screening wall. The site will contain up to 13 water storage tanks at 16 feet in diameter and eight feet in height. In addition to the tanks there will be a meter run and a horizontal separator, all surrounded by an impervious liner. The final production site may be operational for 20 to 30 years. Noise Mitigation. The applicant intends to abide by the minimum requirements of Chapter 3.1 with regard to noise mitigation. Chapter 3.1 requires that noise levels not exceed 65 decibels (d B) for drilling operations, 85 dB for fracturing operations and 55 dB for production operations. All measurements are taken at 300 feet in all directions from the drilling and production site. Staff recommends that, during the drilling and fracturing phase, in order to reduce noise, the applicant install noise buffering walls, capable of absorbing sound, 20 feet above the screening fence on all sides in order to ensure effective noise mitigation for the immediate area. Landscaping, Screening and Tree Preservation. The applicant will be required to mitigate for all trees removed or damaged on the site. The applicant intends to leave as many existing trees as possible in place to provide natural screening from the site. The applicant intends to plant 50 native trees and 61 native shrubs around the drilling and production site prior to the beginning of drilling operations. Upon completion of drilling operations and prior to production, the applicant proposes to plant 126 trees at four inches in diameter within the production site. City of Colleyville Page 3 Printed on 11/6/2009 Agenda Briefing Continued As stated above, the applicant intends to install a six foot solid screening wall around the drilling and production site with eight feet on the southern end adjacent to the Quenichet residence. Staff recommends that the wall to be installed prior to the commencement of well production be an eight (8) foot masonry wall installed around the entire site. Sidewalks and Trails. According the Colleyville Pathways Plan, a ten (10) foot wide trail is required to be constructed along Pleasant Run when any new primary structures are built. Staff recommends that the trail be constructed as a condition of the Special Use Permit. Signs and Lighting. As required by Chapter 3.1, the applicant intends to install a sign at the entrance that identifies the site and includes contact numbers for the gas well operator and emergency services. The applicant intends to direct all lighting inward toward the well site. Lighting will be required to be placed so as not to disturb adjacent properties. Staff recommends that, when not in operation, the drilling tower apparatus shall only be illuminated with the minimum lighting required by the Federal Avaiation Administration. Access and Transportation. The applicant states that during drilling operations there will be 40 truck loads over two days between the hours of 9:00 a.m. and 3:00 p.m. with an average of 3.3 trucks per hour for both move-in and move-out. Otherwise, there will be personal vehicles entering and leaving the site for 10 workers on a daily basis. During the fracturing process, there will be 40 truck loads per day for six days per well for move-in and move-out and over a 24 hour period during actual fracturing days. During the production phase, there will be 0.5 trucks per day per well - or 6.5 trucks per day for 13 wells. The proposed truck route for the well site will run as follows: To the well site -south on SH26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on Pleasant Run Road to the well site. The route from the well site will reciprocate the route to the site in reverse. Staff agrees that the proposed route will provide the least impact to the City's street infrastructure and neighborhoods and is also the safest route for large trucks given the turning radii for each street intersection. As required by Chapter 3.1, a road remediation fee shall be paid to the City of Colleyville for all projected road damages as determined by the Public Works Director. Platting Requirement. Staff recommends that the 53.2 acre Quenichet property be platted as a condition of the SUP request. Platting will enable the City to exact the necessary right-of-way and easements to ensure sound development of the both gas well request and any future development of the property. The property owner has sent a letter expressing their opposition to the platting requirement. Staff has added the platting requirement to the draft ordinance. City of Co/leyville Page 4 Printed on 11/6/2009 Agenda Briefing Continued Environmental Impacts. The applicant has provided an erosion control and grading plan that has been accepted by the Engineering department. In addition to a retaining wall around the north portion of the site, the applicant intends to install erosion control fencing and check dams to prevent soil erosion and silt contamination of Big Bear Creek. The well site must meet all federal, state and City air quality standards. Chapter 3.1 prohibits the venting of any gas into the air except as allowed by the State of Texas regulations for gas wells as enforced by the Railroad Commission. The State regulations allow for gas to be vented into the air during the fracturing process only. This venting process is called flaring and is allowed to occur for up to six days during the fracturing process. As its name implies, flaring involves the burning of natural gas as it leaves the well head. In order to insure compliance with all air quality standards, staff recommends that a third party air quality inspector, to be paid for by the applicant, perform periodic air quality inspections of the site area during all phases of the drilling operation. With regard to seismic activity, the applicant states that there is no seismic activity anticipated. Although there has been unprecedented seismic activity within the Barnett Shale in the past two years, there are no studies of record that have drawn a scientific correlation between drilling activity and seismic events. Regarding the fresh water pond, the applicant proposes to stock the pond with fish in order to mitigate any possible mosquito breeding. The applicant proposes to address dust issues through the use of dust control agents such as soil sement or crushed concrete. Site Inspections. Staff recommends that all required site and equipment inspections be performed by a certified, professional third party inspection company approved by the City and funded by the applicant. Waiver Requests. The applicant is requesting a waiver to the separation requirement from a residence. According to the site plan, the Quenichet residence will be 248 feet from the proposed well heads. Chapter 3.1 requires a minimum 1,000 foot separation. There are no other residences within 1,000 feet of the well head. Given that the Quenichet family has approved of the location of a well on their property, staff recommends approval of this waiver. Separation Distances from Southlake Structures. The following is a detailed listing of structures and amenities in Southlake that are within 1,000 feet of the proposed well heads: Seven single family residences -the closest home is 845 feet from the closest proposed well head. A private park and two tennis courts -the closest park boundary and the tennis courts are 400 feet from the closest proposed well head. City of Colleyville Page 5 Printed on 11/6/2009 Agenda Briefing Continued Surrounding Properties. The surrounding properties consist of residential and agricultural uses. The properties to the west are zoned PUDR-Planning Unit Development Residential and contain single family residences. Properties to the north are located in the City of Southlake and are zoned R-PUD-Planned Unit Development Residential and SF20A-Single Family Residential and are developed as single family residences and a private park. The properties to the east are zoned AG-Agricultural and contain agricultural uses. The properties to the south are zoned AG-Agricultural and contain agricultural uses. Public Notification. Staff mailed notices to 22 adjacent property owners regarding this request. Staff also sent a courtesy notice to the City of Southlake. All property owners adjacent to the proposed transportation route were notified as well. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received five (5) letters of support regarding the request. Summary of Staff Recommendations. (1) The entire access road shall be composed of an all-weather, 24 foot wide, asphalt or concrete surface during drilling with a fire approved turn-around with the final road surface and production pad (upon completion of all drilling activities) to be composed of concrete meeting the commercial fire lane standards found in Chapter 14-Engineering Design Standards in the Land Development Code. (2) The exterior of the retaining wall shall be composed of natural stone or pressed concrete/masonry that resembles natural stone. (3) The applicant shall be required to upgrade the existing six inch water service line that serves the property to an eight inch water line. (4) A pipeline plan shall be submitted for additional approval by the City Council prior to construction of any pipelines. (5) During the drilling and fracturing phase, in order to reduce noise, the applicant shall install noise buffering walls, capable of absorbing sound, 20 feet above the screening fence on all sides in order to ensure effective noise mitigation for the immediate area. (6) The final wall to be installed prior to the commencement of well production shall be an eight (8) foot masonry wall installed around the entire site. (7) The 53.2 acre Quenichet property shall be platted as a condition of the SUP request. (8) In order to insure compliance with all air quality standards a third party air quality inspector, to be paid for by the applicant, shall perform periodic air quality inspections of the site area during all phases of the drilling operation. (9) All required site and equipment inspections shall be performed by a certified, professional third party inspection company approved by the City and funded by the applicant. City of Colleyvil/e Page 6 Printed on ~vtvzuvy Agenda Briefing Continued (10) When not in operation, the drilling tower apparatus shall only be illuminated with the minimum lighting required by the Federal Avaiation Administration. Recommendation Approval, with the conditions stated within the draft ordinance. City of ColleyvUle Page 7 Printed on 11/6/2009 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Monticello Homeowners Asn Inc 1800 Preston Park Blvd Ste 101 Plano TX 75093 7717 JEFFERSON CIR Davis, Jerry Don Etux Toma D 7801 Jefferson Cir Colleyville TX 76034 7801 JEFFERSON CIR Ferrell, George Etux Linda 7709 Jefferson Cir Colleyville TX 76034 7709 JEFFERSON CIR Stewart, Bret A Etux Dee 7707 Jefferson Cir Colleyville TX 76034 7707 JEFFERSON CIR Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 7409 PLEASANT RUN RD Fagan, Lawrence Jr Etux Sharon 203 Rochelle Ct Colleyville TX 76034 203 ROCHELLE CT Haynes, Michael E Etux Sonja C 7705 Jefferson Cir Colleyville TX 76034 7705 JEFFERSON CIR Mason, Dale Etux Sherri 7702 Jefferson Cir Colleyville TX 76034 7702 JEFFERSON CIR Short, Joseph T Etux Julie 7703 Jefferson Cir Colleyville TX 76034 7703 JEFFERSON CIR Parker, S R Etvir R L Mayfield 7700 Jefferson Cir Colleyville TX 76034 7700 JEFFERSON CIR Estes, Steven L Etux Ruth 7701 Jefferson Cir Colleyville TX 76034 7701 JEFFERSON CIR Johnson, Stuart Etux Carole 7504 Monroe Ct Colleyville TX 76034 7504 MONROE CT Lang, Barbara 7502 Monroe Ct Colleyville TX 76034 7502 MONROE CT Lowe, Jonathan 7500 Monroe Ct Colleyville TX 76034 7500 MONROE CT Thompson, Philip K Etux Dana E 7501 Monroe Ct Colleyville TX 76034 7501 MONROE CT Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7504 PLEASANT RUN RD Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7404 PLEASANT RUN RD Hawkins, Vincent Etux Kimbery 204 Madison Sq Colleyville TX 76034 204 MADISON SO Tuttle, Robert S Etux Billie J 202 Madison Sq Colleyville TX 76034 202 MADISON SQ Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 304 JOHN MCCAIN RD Staab, James Etux Lanese Turne 205 Madison Sq Colleyville TX 76034 205 MADISON SO Chang, Wesley En-Tse 203 Madison Sq Colleyville TX 76034 203 MADISON SO City of Southlake 1400 Main St. Suite 310 Southlake TX 76092 courtesy notice Chris Hammack, Tital Operating LLC 111 West Fourth St. Suite 300 Fort Worth TX 76102 applicant Public hearing notices were mailed on Friday, October 30, 2009 by Amy Shelley. Letters of Support City of Colleyville 100 Main Street Colleyville, TX 76034 Re: ZC09-O11 SUP for Gas We117612 Pleasant Run Road Dear Commissioners and Council Members, I, The undersigned owner of property as identified below that is subject to zoning case #ZC09-011 SUP for Gas We117612 Pleasant Run Road, support the requested zoning change as well as the type of use on the property for which the zoning change is sought. Name (printed) Addres -4 .. l` NOTE: k. ~., only if you print the form) To return via a-mail please add your name and address then e-mail the form or the contents of the form to ; RI~GE1V~t Page 3 of 4 City of Colleyville 100 Main Street Colleyville , TX 76034 Re: ZC09-Oi 1 SUP for Gas Well 7612 Pleasant Run Road Dear Commissioners and Council Members, I, The undersigned owner of property as identifted below that is subject to zoning case #ZC09-011 SUP for Gas We117612 Pleasant Run Road, rapport the requested zoning change as well as the type of use on the property for which the zoning change is sought. w.,.. Name (printed) .~.-_..- ~., Address •` ~j ~ r ~, ,~; F ~J, Property Owner Signature(only if you print the form) • ~~~ ~/: ~EC~~v~~ c~~.~' zo e'er .o....,,~.~.~ 11 /2/2009 City of Colleyville 100 Main Street Colleyville, TX 76034 Re: ZC09-011 SUP for Gas We117612 Pleasant Run Road Dear Commissioners and Council Members, I, The undersigned owner of property as identified below that is subject to zoning case #ZC09-O11 SUP for Gas We117612 Pleasant Run Road, support the requested zoning change as well as the type of use on the property for which the zoning change is sought. ~~~ ~A1.7 ~ - ~ M2cuT~ Name (printed) -1~ Zo .J ~ .a~s,~t.~~ T,~L . Gouc~.l t u.C i X 71003~1- Address J Property Owner Signature only :f you print the form) NOTE: To return via a-mail please add your name and address then e-mail the form or the contents of the form to F2~~ElVi B~ e...aµ.~.~.~.P City of Colleyville 100 Main Street Colleyville, TX 76034 Re: ZC09-011 SUP far Gas Well 7612 Pleasant Run Road Dear Commissioners and Council Members, I, The undersigned owner of property as identified below that is subject to zoning case #ZC09-011 SUP for Gas We117612 Pleasant Run Road, support the requested zoning change as well as the type of use on the property for which the zoning change is sought. l~,l/ram ~ • ~ C~raa~~ Name (printed) ~~~ ~a~-d~ TYa ~~1 Address Property Owner Signature(only i ou print the form) NOTE: To return via e-mail please add your name and address then e-mail the form or the contents of the form to City of Colleyville 100 Main Street Colleyville, TX 76034 Re: ZC09-011 SUP for Gas Well 7612 Pleasant Run Road Deaz Commissioners and Council Members, I, The undersigned owner of property as identified below that is subject to zoning case #ZC09-011 SUP for Gas Well 7612 Pleasant Run Road, support the requested zoning change as well as the type of use on the property for which the zoning change is sought. Name (printed) o p ~J~m d ~ f - ~Y. Address P operty Owner Signature only if you print the form) NOTE: To return via e-mail please add your name and address then e-mail the form or the contents of the form to STATEMENT OF PLANNING OBJECTIVES TITAN OPERATING, LLC QUENICHET SUP PLANNING OBJECTIVE The purpose of this SUP is to establish a well site, a frac pond, and access road for the drilling, completion, and operation of multiple gas wells within the areas designated by the SUP Site Plan. WELL SITE LOCATION The well site location for the Titan Quenichet wells is identified on the SUP Site Plan. Titan will drill multiple horizontal wells from the proposed well site to develop approximately 1300 acres of Titan leases. The proposed gas development will focus on the Barnett Shale, encountered at subsurface depths at approximately 8,900 feet. VEHICULAR ACCESS TO THE WELL SITE LOCATION Vehicular access to the well site will be from one of two options: 1.) from . Precinct Line Road, east on L.D. Lockett Road, north on Pleasant Run Road, to the well site entrance, or 2.) from SH 26, west on John McCain Road, north on Pleasant Run Road, to the well site entrance. The drive approach from Pleasant Run Road will be constructed of concrete. At the entry, a double gate will be recessed into the property to accommodate truck movements from the roadway onto the lease road. Fire access will be provided and the road will be maintained in accordance with all local, state and federal requirements. DEVELOPMENT PHASING Titan Operating anticipates the initial construction on the Quenichet pad site to begin the 3`d or 4th quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 13 wells off the site over the next 5 to 7 years. All producing wells will be plugged at the end of their economic life. All plugging will be in accordance with applicable Texas Railroad Commission regulations. G:\JOBIWFXG7600\PETRO\SUP\QUENICHET SUP NO-fES.DOC - 1 - ACCESSORY STRUCTURES Accessory uses for the proposed gas development will include well heads, storage tanks, separation facilities, and other uses necessary and customary to gas development. During drilling operations, all equipment will be secured by a 6' tall chain link fence with a secured entrance gate. A reflective sign will be posted at the drill site and operations site identifying the entrance to the site and include the well names and numbers, name of the operator, emergency 911 number, and the telephone numbers for 24 hour emergency contacts. No refining, except for gas dehydrating and physical phase separation will take place on this site. Temporary diesel fuel tanks, generators, construction trailers, steel mud pits, pipe racks, and drilling rig will be located within the drilling pad site. The drilling rig and associated drilling equipment shall be removed from the well site as soon as practical after completion of the well or drilling activities. WATER CONSUMPTION Once well permits have been obtained from the Texas Railroad Commissiorrand roads have been extended to the well location, drilling can commence. The drilling. of each well wi l require approximately 420,000 gallons of water over a three (3) week period. Once a well has been drilled and determined to have the potential for commercial production, the completion process will begin. In order for the Barnett Shale to be commercially productive it must be fracture stimulated. This involves pumping a large amount of water at high pressure into the formation to create a fracture in the rock. A small amount of sand is mixed with the water to hold the fracture open once the procedure is completed. This permits the gas to flaw more easily from the rock into the well bore. Each fracture stimulation requires approximately 4.2 million gallons of water. Once the water is in place, the actual stimulation process will take approximately eight (8) hours. Water for the drilling, as well as the fracture stimulation, will come from a proposed frac pond of approximately three (3) acres to be constructed by the operator, with water purchased from the City or well water. The water stored in this pond will service multiple wells. G:\JOB\WFXG7600\PETRO\SUP\QUENICHET SUP NOTES.DOC - 2 - WASTE CONTROL Water and drilling mud utilized during the drilling of the wells will be initially stored in closed-loop drilling fluid systems located on the pad site. Ultimately, the water and drilling mud will be removed by truck and disposed of in accordance with the requirements of the Texas Railroad Commission. Water and condensate from gas production will be stored in 250 -barrel (bbl) tanks within the well site location. The tanks will be located within a secondary containment ring with anon-permeable berm or liner capable of holding one and one-half (1-1/2) times the capacity of the largest tank. Drip pots will be located at pump out connections to contain the liquids from the storage tank. The tanks will also be equipped with a sensing device that will shut off the well should the tank become full. The contents of the tank will be emptied by a commercial operator and disposed of in accordance with the requirements of the Texas Railroad Commission. FIRE PROTECTION All fire suppression and prevention equipment required by any applicable federal, state, or local Law will be provided and maintained by the Operator. All contractors will have portable fire extinguishers at the drill site and fire extinguishers will be located at various locations a the drill site. The tank battery facili#y will be equipped with a remote foam line utilizing a two and one=half (2.5)-inch National Standard Mose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system will be installed according to the most current edition of the National Electrical Code. At any gate enclosure, the City Fire Marshal will be provided a knox box with a key for emergency access. DRAINAGE No well-heads, meters, storage tanks, separation facilities, or other post drilling and completion permanent above ground facilities will be located in the 100-year floodplain. Erosion control shall comply with the erosion control plan approved by the City. ENVIRONMENTAL G:\JOB\WFXG7600\PETRO\SUP\QUENICHET SUP NOTES.DOC - 3 - The proposed gas development will be in compliance with all state and federal environmental regulations and will not adversely affect the floodplain, drainage patterns, or water quality. Damage to public thoroughfares adjacent to this lease area directly caused by the proposed gas development will be restored to city standards, as applicable, as each well is completed. Any damage that poses a safety hazard will be repaired immediately. Any substantial accumulations of dirt, dust, or other debris deposited on public thoroughfares by gas development will be removed. Dust, if significant, will be suppressed by using water or other dust suppressants. Drilling and production operations shall be conducted in a manner to minimize noise levels. 'Noise from drilling, completion and rework operations are limited in time from a few days to a few weeks. Noise from drilling activities will not exceed sixty five {65) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from fracturing operations will not exceed eighty five (85) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from the operation site will not exceed fifty five (55) decibels beyond the boundaries shown on the associated site plan. Lighting will be shielded and directional toward the well site so that it will not disturb, be a nuisance, or safety hazard to adjacent properties, residential areas, or public thoroughfares. SCREENING The equipment on the operation site will be screened from public view by a . combination of a six (6) foot high solid screen fence, trees, shrubs, and natural . vegetation that is being preserved. 1'rrigation will be 'installed as necessary. All plant material will be kept in an attractive state and in good condition at all times. G:\JOB\WFXG7600\PETRO\SUP\QUENICHET SUP NOTES.DOC - 4 - DEVELOPMENT SCHEDULE Titan Operating anticipates the initial construction on the Quenichet pad site to begin the 3~d or 4~" quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 13 wells off the site over the next 5 to 7 years. ECONOMIC DEVELOPMENT INFORMATION Titan Operating has spent approximately $116,000,000 in lease bonus dollars in the City of Colleyville to date. Titan has also donated approximately $300,000 to local charities. Titan estimates that a typical well drilled off the pad site will generate approximately $200,000 per well in ad valorem taxes for the city. October 29th, 2009 Mr. Ron Ruthven City of Colleyville Community Development 100 Main Street Colleyville, Texas 76034 R>/: ZC09-Ol 1 Quenichet SUP Dear Mr. Ruthven: It has come to our attention that the city of Colleyville is requiring the platting of our property because of the Titan Operating application to drill on our land. It is our understanding that with platting, the city will require additional easements and street right-of-way. We believe this request is a disproportionate hardship on our family at this time, and is premature since there are no current plans to develop the balance of our property. As you are aware, fur drilling operations Titan Operating will be using approximately 2 acres out of our 53 acre tract of land. We understand that before the balance of our property is developed, the city will require a development plan and plat. Since there are no current plans to develop our property, we believe that any platting without the benefit of a development plan could negatively affect our ability to develop our property in the future. ~Ue aslc that the city withdraw the request to plat our property at this time, and allow Titan Operating to continue with their drilling plans. 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H A ~-1 r`~ . y F ~ ~ ~ ~ ~ J ~ ~&~~~ i i . ~ ~s~~ _~ _. ~-- _~ ~. ~- ~ _ __ ~~ -- - ~ ~_ r , li Y S V ~ ~ ~~ i ~ o __a i ~~~q << I ~. .III z { \ 4~ I\\ ` ~ ~-ir - / ~~ ~\ n ~\\\ \ n V Y. \ ~ ' ` \l i ~~ 2~ ~~ W J 1~z_~~ a-F /~ ~ ~ ~ A ~` ~ 3 ~~ 5 Z 4 1 ~ ~\ 1\\ \ ~ ~ LL ~r,~ l~' ~ A ~ ~ yy 3r'~ ` i ,. s~ ~ LLi Ste' /~/ ~ c \\ ~ ~ `, I ~\~~\ ~~ ~ ~ a-r ~'~'~ Iln,~ l ~' ' _ _ ~ ° ~~ ~ ~ ~ ,~ ~03~ ~ ~ 1 ~ I ~ ~"~ ~~~ i _ ~ ~ ~ ~ mo 1 ~~ ~ ~ ~ ~~ ~ ~ l \ ~ 1 ~ ; ~ ~.. d~ ~ ~ N ~ A - O~ K I ~tl ~ w -~ -rte iY k I I~ ~ I Z ~ L ~ ~ ~4 I S /~ ~ ~~- \~ a ~ n3 ~ ~-~ Z ~ _ ~ ~, ~ ~ ~ i ,-~'~ ~~ ~ ` ~i o s ~ _ R e O V ~~ ~~~ ~ L ~ ~ /~ p 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 GAS WELL ON 53.2 ACRES LOCATED IN THE WILLIAM E. CROOKS SURVEY, ABSTRACT NUMBER 295 AND THE HALL MEDLIN SURVEY, ABSTRACT NUMBER 1038; 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. ZC09-011; 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 7 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 the official zoning map by authorizing a Special Use Permit for a Gas Well on 53.2 acres located in the William E. Crooks Survey, Abstract Number 295 and the Hall Medlin Survey, Abstract Number 1038, shown on Exhibit "A" and described in Exhibit "B". Sec. 3. THAT the above described tract of land shown on Exhibit "A" and described in Exhibit "B" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit (SUP) shall be for a gas well to include drilling and production. b. The gas well authorized by this SUP shall meet all requirements of the Land Development Code except where amended herein. Additionally, the gas well shall meet all related regulatory requirements of the State of Texas and the Federal Government. 2. Site Plan and Platting a. The layout of all equipment, tanks and access roads shall be consistent with the site plan labeled as Exhibit "C". b. The well drilling and production site shall contain no more than 2.0 acres as shown on Exhibit "C". c. Prior to the issuance of the gas well permit, the subject property shall be platted and filed with the County Clerk. Ordinance 0-09-xxxx Page 3 of 7 3. Phasing a. This SUP shall be exempt from the revocation and expiration provisions of Section 3.25 of the Land Development Code. b. If no drilling permit is issued by the Fire Marshal within two years of the date of approval of this ordinance, then this SUP shall automatically expire. c. The first phase of this permit shall allow for drilling of the gas well. The drilling phase shall also include the fracturing process. No more than 13 well heads may be drilled as part of this permit. This phase shall be completed no later than seven years from the date of approval of this ordinance. d. The second phase shall be the pipeline installation process. Prior to the installation of any gas service pipelines that link to this well and prior to the third phase as stated below, the City Council shall approve a pipeline location plan. e. The third phase shall be the production process. Upon completion of the production process, the well operator shall remediate and clean up the site as required by the Land Development Code. Upon completion of all phase three remediation as decided by the Fire Marshal, this SUP shall expire. f. If, at any point, the well site is abandoned by the operator for a period of six (6) months or more, this SUP shall automatically expire. 4. Drilling Activities a. The primary drilling apparatus shall not exceed 137 feet in height. b. The exterior of any retaining walls constructed as part of this permit shall be composed of natural stone or pressed concrete or masonry that resembles natural stone. c. A 2.9 acre fresh water pit shall be installed during the drilling process and shall be stocked with fish in order to mitigate for any mosquito breeding. d. Prior to the commencement of drilling activities, the existing six (6) inch water line that services the property shall be upgraded to a minimum eight (8) inch water line. Ordinance 0-09-xxxx Page 4 of 7 5. Production a. The production pad shall contain no more than 13 water storage tanks. The tanks shall be no larger than 16 feet in diameter and eight (8) feet in height. The production site shall be laid out per Exhibit "C". 6. Access a. The truck transportation route for all trucks over one-ton that will access this site be as follows: Southbound State Highway 26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on Pleasant Run Road to the site entrance. The route out of the site shall follow the route to the site in reverse. b. Prior to the issuance of the gas well permit, a road remediation fee shall be paid to the City of Colleyville for all projected road damages as determined by the Public Works Director. c. The access road to the well site shall be composed of an all-weather, 24 foot wide, asphalt or concrete surface during the drilling phase with a fire approved turn-around with the final road surface and production pad (where the tanks are located upon completion of all drilling activities) to be composed of concrete meeting the commercial fire lane standards found in Chapter 14-Engineering Design Standards in the Land Development Code. d. Prior to the beginning of the production phase, the gate on the access road shall meet the minimum requirements of Chapter 14-Engineering Design of the Land Development Code. 7. Noise Mitigation a. During the drilling phase the applicant shall install noise buffering walls, capable of absorbing sound, 20 feet above the screening fence on all sides in order to ensure effective noise mitigation for the immediate area. 8. Screening a. A minimum six (6) foot solid screening wall meeting the minimum requirements of the Land Development Code shall be installed around the entire drill site perimeter during the drilling phase except for the southern side, where the fence shall be eight (8) feet high. Ordinance 0-09-xxxx Page 5 of 7 b. A minimum eight (8) foot masonry wall shall be installed around the entire perimeter of the production site perimeter prior to the production phase. 9. Landscaping and Tree Preservation a. All landscaping shall be installed as shown and described in the attached Exhibit "D". b. Upon completion of the drilling phase, there shall be 126 trees, at a minimum of 4 inches in diameter, planted within the drill site as per the attached Exhibit "D". 10. Lighting a. All lighting shall be directed inward and shall not illuminate upon any adjacent properties. b. When not in operation, the drilling tower apparatus shall only be illuminated with the minimum lighting required by the Federal Aviation Administration. 11. Environmental Impact a. All erosion control shall, at a minimum, meet the erosion control plan attached as Exhibit "E". b. The well site shall meet all national and state air quality requirements. Other than allowed by the State of Texas, there shall be no emissions of gases or chemicals as part of the well operation. Upon commencement of drilling operations, the operator shall pay for a third party air quality inspector approved by the Fire Marshal, to conduct air quality measurements at random locations within cone-half mile radius of the drill site. If the findings of the inspector reveal air quality levels that exceed State and/or national limits for air quality and it can be proven that the source is the gas well, then all drilling and production activities shall cease immediately until the contaminant is mitigated. Inspections shall be performed every other month during the drilling phase and twice per year during the production phase. c. There shall be no appreciable airborne dust created in conjunction with any well activities. Dust control agents or special paving methods shall be employed in order to mitigate for airborne dust. d. There shall be no mud or dirt laid on any City street as a result of this Ordinance 0-09-xxxx Page 6 of 7 well. Any mud or dirt created shall be removed from streets immediately. 12. Site Inspections a. All required site and equipment inspections shall be performed by a certified, professional third party inspection company approved by the City at the expense of the operator. 13. Other a. Any public safety calls or dispatches resulting from any operations related to the well authorized by this permit shall be reimbursed by the well operator to the City of Colleyville upon invoice. Operations shall include trucks operating within the City of Colleyville, pipeline operations and accidents, drilling and production operations, calamity resulting from sudden road damage and, finally, environmental catastrophes. b. The property owner's residence, as shown on Exhibit "C", shall be allowed to be no closer than 248 feet from closest well head. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-09-xxxx Page 7 of 7 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 I ,. '4 • ~ ~ ~j ti ~;' f f y4~y ~~ ~! + ,~~ jtiff f 4 ~• ~~ ~_}~ ~tw,~~{.;fir ~ y rr' /+ ~ ! `~ i ~~ ~~4~. J ].\~ / ~}~+ ~ . ~ l 5 '~ ~4J ~ ~ ~ ~~_ !rf f J 1 7 ,{ tit 5 5 _ ~~ ~ ~- ~ .~ ,, ~~ _ r r~ 1 ~ _ Exhibit B -Legal Description EiT~:TNt; ilusl t't'r*.~~t; *rf~i , . , ~ ,~ _ ~ ,. .z~ L ta~,kT ti~irs~;=r. At~~a.t~ ~tri~tl~tt :'~'+ ttsr('}zr }I t< ...~_ fi: ~ _ :* .Fr , t'~t~. ~ t 4 ~~I;;~~,~ils„ I'Airx~~~; f°,~;~~a~~, ~l'c~ i~, .+13t' ~~ti~it. ~~ ~ ~ ~r 'i,ir ~ . ~t;'~~etiai:cl t~ Julu: 'FV. K,wit~t~ ~"t:^t ;ii7ci wya• ~ )I~t~rr. .~e;~~ i ~ _ ' ,_ ..:- ~ ~~ 4 ~c• h' 1. 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W __._ _. _.. a .,. w~a ___ .._......._ ____.. ~ _ ~._ ____. ~~~~- ~ City ~f Co~~eyV~~~e 100 Main Street Colleyville, Texas 76034 ~~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 11/09/2009 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres loca Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Conceptual Site Plan Building Elevations Ordinance 0-04-1484 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission 1 10/12/2009 Planning and Zoning Commission 1 11/09/2009 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 City of Colleyville Page 1 Printed on 11/5/2009 Agenda Briefing Continued storage units and the proposed office/retail uses. Existing Conditions. The subject property is composed of three lots. The property located at 1801 Industrial Boulevard is platted, developed as Additional Self Storage and is zoned PUDC-Planned Unit Development Commercial, CC1-Village Retail and ML-Light Manufacturing. The property located at 6405 Colleyville Boulevard is unplatted, contains a psychic shop and is zoned CC1-Village Retail and PUDC-Planned Unit Development Commercial. The property located at 6401 Colleyville Boulevard is unplatted, undeveloped and is zoned CC1-Village Retail. 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 City of Colleyville Page 2 Printed on 11/5/2009 Aaenda Brlefina Continued - Propane refilling station -Outside storage of recreational vehicles, boats and watercraft -All uses permitted within the CC2-Shopping Center district The applicant states that the hours of operation for the proposed truck rental would be Monday through Saturday between the hours of 8:30 a.m. and 6:00 p.m. and on Sunday between the hours of 9:00 a.m. and 1:00 p.m. General uses will be permitted per each proposed building as indicated on the conceptual 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 City of Colleyville Page 3 Printed on 11/5/2009 Agenda Briefing Continued southernmost portion of the subject property where it is adjacent to property zoned CC1-Village Retail. Additionally staff recommends that mutual access easements be required adjacent to all other properties with frontage along SH26. This provision has been added to the draft ordinance. Traffic Impact. Given that the. proposal does not specify a specific breakdown of uses by building square footage, the aggregate traffic impact cannot be accurately gauged. Therefore staff has broken down the potential traffic impact by assessing the maximum potential trips generated by the development versus minimal potential trips generated. 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. City of Colleyville Page 4 Printed on 11/5/2009 Agenda Briefing Continued Fences, Walls and Screening. The applicant proposes to construct an eight (8) foot masonry fence along all property lines adjacent to the existing residential properties. This meets the minimum screening requirements of the Land Development Code. Lighting. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. This provision has been added to the draft ordinance. Exterior Building Elevations and Design. The applicant has provided proposed building elevations for the new structures. These elevations have been added to the draft ordinance. In addition to the proposed elevations, staff recommends that all buildings meet the minimum design requirements of Chapter 6 -Building Design in the Land Development Code. Additionally, staff recommends that, as required by Ordinance 0-04-1484, all building exteriors be composed of a minimum of 75% masonry materials. Finally, staff recommends that the colors of the both the roofs and the exterior walls of the new buildings be of a medium to dark hue of brown, black or maroon, where a natural stone or brick color is not displayed. These provisions have been added to the draft ordinance. Sidewalks. According to the Land Development Code, based on the recommendations of the Supplemental Sidewalk System Map, a minimum five (5) foot sidewalk is required to be constructed along Colleyville Boulevard and Industrial Boulevard adjacent to this development where none exist. All sidewalks and trails must be installed and/or improved when any new structures are built. Drainage. The developer has submitted a preliminary drainage analysis of the site. This analysis has not been accepted by the engineering department as it does not account for the impact created by the Villas at Oak Pointe development to the south of the subject property. Construction plans for drainage improvements will be submitted as part of the platting and building permit process. Lot drainage will be required to meet the minimum requirements of the Land Development Code. Master Plan. The Colleyville Plan designates this property for future industrial, retail and office uses. Based upon the conceptual site plan, the proposed zoning request would essentially be in compliance with the future land use plan. Surrounding Properties. The surrounding properties represent a variety of uses. The properties to the north and west are zoned ML-Light Manufacturing and CC-1-Village Commercial and are developed with offices, retail and warehouse facilities. The properties to the south are zoned PUDR-Planned Unit Development Residential and are developed as City of Co/leyville Page 5 Printed on 11/5/2009 Agenda Briefing Continued townhomes and single family residences. Properties to the east are zoned ML-Light Manufacturing and AG-Agriculture and are developed as warehouse and light manufacturing uses as well as a single family residence. Public Notification. Staff mailed notices to 52 adjacent property owners within 200 feet of the subject property regarding this request. Notice 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 Co/leyville Page 6 Printed on 11/5/2009 Location and Zoning Map 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 Colle ille Blvd Combined Enterprises 1802 Industrial Blvd Colleyville TX 76034 001800 Industrial Blvd Sparks Southwest Inc 1804 Industrial Bivd Colleyville TX 76034 001804 Industrial Blvd Geneva Realty Management 1808 Industrial Blvd Colleyville TX 76034 001808 Industrial Blvd Dica Properties Ltd 1812 Industrial Bivd 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, Billy J 2604 Fm 514 Yantis TX 75497 001809 Industrial Blvd Tierney, Thomas A 1709 Industrial Blvd Colleyville TX 76034 001709 Industrial Blvd Yard Art Inc 3250 Story Rd W Ste 108 Irving TX 75038 006407 Colleyville Blvd # C Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville TX 76034 006306 Wyatt Dr Derrick Malone 6301 Colleyville Blvd. Colleyville TX 76034 006301 Colleyville Blvd teresa G & Delmer Spann 6301 Kingston Colleyville TX 76034 006301 Kingston Dr Vh Properties Lp 1616 Pecan Crossing Colleyville TX 76034 006312 Brazos Ct Vh Properties Lp 1616 Pea Colleyville TX 76034 006308 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 002041 Fountain Pass Dr Kac Colleyville Jv 4008 Cochran Heights Ct Dallas TX 75220 6255 Colleyville Blvd Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001619 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001617 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001621 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001625 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001629 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001633 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001637 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001641 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001721 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001725 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001729 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001733 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001737 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001841 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001845 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001741 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001821 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001825 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001829 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001833 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001837 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001901 Fountain Pass Dr Bufe, Robert Etux Martha 1509 Tinker Rd Colleyville TX 76034 001509 Tinker Rd Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001905 Fountain Pass Dr Dreiling Realty Lic 90 Casa Ln Colleyville TX 76034 001909 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001913 Fountain Pass Dr Psj Properties P.O. Box 92481 Southlake TX 76092 006304 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001732 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001601 Pecan Crossing Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001534 Pecan Crossing Dr Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006225 Colleyville Blvd Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006221 Colleyville Blvd Santos Martinez, applicant 900 Jackson #640 Dallas TX 75202 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley Statement of Planning Objectives Colleyville Boulevard, between Industrial Boulevard and Oak Point Drive The property owner seeks approval of a conceptual development plan for a new planned development district. The new district would incorporate an existing PUD-C and amend the commercial zoning along Colleyville Boulevard. The current uses and structures will remain on the property while detailed development plans are developed. Currently, most of the uses are operating on a one year lease while this project is under consideration. The proposed planned development district would allow retail and office uses along Colleyville Boulevard. These uses would be consistent with a CC-2 zoning district and limited to the area identified as phase I. A conceptual design of a two story 18,000 square feet of office and retail uses is proposed within this portion of the property. The remainder of phase I abuts an existing self-storage warehouse facility. This includes RV and Boat storage. This conceptual development would transition into this existing use with office warehouse and office uses. The conceptual plan would allow for two buildings at a maximum of 20,000 square feet each and one story in height. The owner has listed a transportation use toallow a U-Haul Truck Rental tenant to operate within phase I. The truck rental use would operate Monday thru Saturday between the hours of 8:30 a.m. to 6:00 p.m. It would operate on Sunday between the hours of 9:00 a.m. to 1:00 p.m. The owner also seeks to retain the retail sale of propane within phase I. Phase II of this conceptual plan would be a continuation of the self storage use with one new building. The owner is providing at least forty-five feet between this new storage building and the existing self storage units. Afire lane and five foot landscape buffer will be maintained around the other portions of this new construction. This conceptual plan identifies an eight foot solid screening wall between all warehouse and storage uses and the adjacent residential development to the south. An eight foot solid screening fence is maintained along the south property line in conjunction with the existing self storage units. Afire lane designed to service these existing and proposed structures impacts the placement of additional landscaping areas. The property owner seeks to maintain a five foot landscape buffer adjacent to a new screening wall. Landscape requirements for evergreen plants or trees will be maintained along this property line for phase 1 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 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 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. 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' ._ ~.._ i k t _: ~= _ __._ . !~ r ORDINANCE 0-04-1484 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.28 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL AND CC1 VILLAGE RETAIL COMMERCIAL DISTRICTS TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Additional Self Storage, Ltd., on August 30, 2004, under Case No. Z-04-031, and WHEREAS, the City of Colleyvitle 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 Colfeyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on the attached Exhibit "B", by changing the zoning of said property from the AG Agricultural and CC1 Village Retail districts to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for an office and a self storage facility as specifically stated in this ordinance. Ordinance 0-04-1484 Page 2 of 4 b. This property is subject to all the regulations contained in the 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 ~,C„ b. The developer shall construct an eight (8)-foot tall masonry fence adjacent to the south property line. The new fence shall match the existing fence. The fence shall be constructed up to the security gate entrance, as shown on Exhibit "C". 5. GENERAL DEVELOPMENT CRITERIA a. The regulations for the ML Light Manufacturing zoning district shall be applicable to this PUD-C, except where modified by the provisions of this ordinance. b. The thirty (30)-foot wide portion of the property shall be used only for driveway access, customer parking and asales-office building. This area shall not be used for the parking or storage of rental trucks, recreational vehicles or boat trailers. b. The location and width of all fire lanes shall be approved by the Fire Marshal. c. The exposed exterior walls of the office building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. The building design shall be generally consistent with the conceptual building elevations, attached as Exhibits "D1-D2". d. The outside storage area for recreational vehicles, boats and watercraft shall contain no more than forty (40) covered parking spaces. e. Not more than eight (8) trucks for rental shall be parked or stored on the property. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shalt constitute a separate offense and shall be punishable as such. Ordinance 0-04-1484 Page 4 of 4 Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. first reading and public hearing being conducted on the ~~ day of ~, 2004. The second reading and public hearing being conducted on the ~'~ day of 2004. ~; ~~ ~ ATTEST: ' Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: ~, ~~ Ro s T. Oster City Attorney OF CO 9"oe Hocutt Mayor EXHIBIT A -ZONING MAP PU ~~ 0-02-1 0-99-1157 O-0o-1211 C li yvil -~ ao2-~ d ~a p r ~~ ~ ~o .. O- 12 v~ EXHIBIT B -METES AND BOUNDS DESCRIPTION ADDRESS: 6403 Colleyville Boulevard, COLLEYVIi.i.R Texan. LEGAL DESCRIPTION TRACT 1 (FROM AG TO PUD-C) BEING s portion of the A. J. LOTT SURVEY, Abstract No. 963, in the City of Colleyville, Tarrant County, Texas, and being that acme tract of land convoyed to R K Reynolds by deed recorded in Vohune 6435, Page 122, Deed Records, Tammt County, Texas, described by metes and bounds as follows: BEGINNIIVG at a 1/2 inch aoeel rod for the northwest cornei of said R. K Reynolds tract and being the northeast comer of Lot 1, Block I, TINKER CROSSING, ~ addition to the City of Colleyvillo, Taeraat County, Texas, as recorded in Cabinet B, Slide 1364, Plat Rxords, Tarrant County Texas; 'THENCE North 88 degrees 54 minutes 32 seconds East, 157.41 feet to a S/8 inch steel rod found; THENCE North 88 degrees 57 minutes 00 seconds Eest, 127.41 feet along the common lino with Lot R 141, Block 1, COLLEYVILLE INDUSTRIAL PARK, an addition to the City of Colleyville, according to the plat recorded in Vohuae 388-190, Page 14, Plat Records, Tarrant County, Texan, 124.71 Poet to a 1/2 inch steel rod found; THENCE contamung along said Lot R-141, South 00 degrees 23 minuted 07 seconds East, 162.47 feet to e 1/2 inch steel rod eat capped T. Vogt in the south line of said A. J. LOTT SURVEY, THENCE along thg south line of said LOTT SURVEY, South 89 degees 54 minutes S4 Seconds West, 293.14 feet to a 1/2 inch steel rod set capped T. Vogt; THENCE North 03 degroes 37 minutes 13 seconds East, passing st 29.86 feet a 1!2 inch steel rod for the southeast corner of said Lot 1, Block 1, TIIQKER CROSSING, and continuing along this east line of said Lot 1, Block 1, for a total distance of 157.93 feet to the POINT OF BEGINNING and containing I.OS6 acres of land more or less. LEGAL DESCRIPTION TRACT 2 (FROM CC I TO PUD-C) BEING a ship of lead deecn'bed as a road is Deed recorded in Vohrma 6435, Page 122, Deed Records, Tarrant County, Texas, described by metes sad bounds as follows; BEGINNING at a 1/2 inch steel rod found for the southeast corner of Lot 1, Block 1, TINKER CROSSING, en addition to the City of Colkyville, Tarrant County, Term, according to the Plat Recorded in Cabinet B, slide 1564, Plat Records, Tarrant County, Texas; THENCE Soudt 03 degrees 37 miuutea 13 seconds West, 29.86 feet to a 1/Z inch steel rod set capped T. Vogt on the South line of the A. J. Lott Survey, Abstract No. 963; THENCE South 89 degroea S4 minutes 54 seconds West, along tho South line of said Survey, 347.32 feet to a 1/2 inch areal rod found in the Southeasterly line of State Highway No. 26; THENCE North 29 degt+exs 16 minutes 00 seconds East, with said highway, 31.60 feet to a 5/8 inch steel rod found; THENCE North 89 degrees 31 minutes 43 seconds East, with the South line of said Lot 1, Block 1, TINKER CROSSING, 333.77 feet to the POINT OF BEGINNING and containing 0.2239 acres of latdd, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN 3:rc: _ .. _ :. ~ _. r,3~ _.. -----a ~, a ~, ~ _ ~- ,~r~ } , ). ~y ~ ,~ _I ~ i i i < , ~ G- ~ ' ~ i ~ ., ~ ~ ~ U ~ i ~ F _ _ .. ( Z ; , . a f .. Q N ~ ~ W ~ !t I 3 T w'W ~ r ~~ ~ ~ '~ ~ ' J ; I"" `~ 1 , r ~ .~ ~'N ~ .__ ~= ! r ~ i ___._ ~~ I n' ~ 1~ l!" 1 '1~u K, Y ' .I f ~L u 2 ~ ~ ~ ; '~.:~ ~. t+ n :, u t .: ;< a ~ f ~ ~ ~ t ly _ ~ .~.. ~~ a .~_,:,' r :~ __ 3 - ._.t Ilf' G f/ t': `! i . 'f / ~ .u~~~ ': ' d. ~ , li !. 1 t .~ . f ~^ '..~ ., .. ~ ~ a :o 7y ~ .. j 'i ~ t ~ : f f f ! , ~ r J ~; ~. ~ ui ~-~ ;` `~~ s\\~` d . ....~ Qv - we i• ~J~~ EXHIBIT D1 -CONCEPTUAL BUILDING ELEVATIONS 9-. ^ ~ ~ ~±--- . __ ~ , . Q. '~ ~ ~ ' :~ Zf '~~ ~ ~' Z 4 ' ~ ~ ' ~ :, ~'' „ ~~ , , _ I Z ', ~~ a :~ ,,,. ~ ~. ~ ; ~ _ ;_ _ ; . ~ : ~, ~ ~~~„ of ~~~ ,~, ,, _ : ~ ~u ,.__. U ~ ~~ ~ :'t. ~ ~ ((~~ ~i0 t3~ ~ C1 i1~n ~r ~ ~ ~~; : ~~~ ~i~~~~ ~~~ts~ Sri ~° ~!°s ~§~ .~ ~~ ~' ~ ~~ ~ ~~ ~~ ~ ~. ~~~ ~ ~ ~ M ~ .~ ~~ ~: i~~ 9fi li~ EXHIBIT D2 -CONCEPTUAL BUILDING ELEVATIONS n,; ~~~. Vti ~ 4.: ~~yy; Y ...._ ... l ' fi 1 ~" U [8 r 1, f '~ 1 ; k i f ~~ ;~ ~ ik . ~:: ~.. ~f ~'. f'+ ~'- ~s ~ ~i: ~ ~` '; ~„ a ... 4 ~: ~i+. ~~ ~ ~~ ` ~ ~` ii ~ ;~a} r;~, fcl ~j ~ ,~ ,: ~.: ORDINANCE 0-09-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCE 0-04-1484; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACTS 2B AND 2602, 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 1. Building One -Maximum Size: 15,000 square feet Permitted Uses: Self-Storage Maximum Height: One story, 35 feet. 5. BUILDING DESIGN a. All building designs shall be generally consistent within the elevations shown in exhibit "D". b. Building designs shall meet the minimum articulation requirements of Chapter 6 -Building Design in the Land Development Code. c. For any new buildings, exterior building colors, including roof-tops, shall be of medium to dark hue of brown, black or maroon. Otherwise, exterior colors shall match the natural color of the stone or brick construction. d. The exposed exterior walls of all buildings must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. 6. PARKING a. All parking shall meet the minimum requirements of the Land Development Code. 7. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. 8. LANDSCAPING. BUFFERING AND OPEN SPACE a. The developer shall construct a five (5) foot wide landscaped greenbelt adjacent to the south and east property line adjacent to existing residential properties. The greenbelt shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on 36 inch centers. Ordinance 0-09-xxxx Page 5 of 7 b. Except where noted above, all required landscaping shall meet the minimum requirements of Chapter 4 -Landscaping and Buffering in the Land Development Code. c. This development shall provide a minimum of 11 % of open space. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Industrial Blvd. where none exists prior to the issuance of the certificate of occupancy for any new structures. b. A minimum five (5) foot sidewalk shall be constructed along SH26 prior to the issuance of the certificate of occupancy for any new structures. 10. FENCES AND SCREENING a. A minimum eight (8) foot masonry fence shall be constructed along the south and east property line adjacent to existing residential properties prior to the issuance of any certificate of occupancy. 11. GENERAL DEVELOPMENT REQUIREMENTS a. The thirty (30) foot wide southernmost portion of the property shall be used only for a fire lane. This area shall not be used for the parking or storage of rental trucks, recreational vehicles or boat trailers. b. The location and width of all fire lanes and the installation of any gates shall meet the minimum requirements of the Land Development Code and the Fire Code and shall be approved by the Fire Marshal. d. The outside storage area for recreational vehicles, boats and watercraft shall contain no more than forty (40) covered parking spaces. e. Not more than eight (8) trucks for rental shall be parked or stored on the property. f. 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. i. 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). j. A mutual access easement shall be located along the southernmost property line where it is adjacent to property zoned CC1-Village Retail as of the passage of this ordinance. Otherwise, mutual access easements shall be located adjacent to all properties with frontage along SH26. If not dedicated as part of a plat, said easements shall be dedicated by separate instrument prior to the issuance of the C of O for any new structure. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-xxxx Page 7 of 7 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map ssao . 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