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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/23/2009City of Colleyville city Half 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni ~nllavvillA ~nr-~ ti Meeting Agenda Monday, November 23, 2009 6:15 PM City Council Chambers Planning and Zoning Commission _-_~~-~~ Cit of Colle ville City Hal' Y Y 100 Main Street (,i ~~~ ~ ~ ~, Colleyville, Texas 76034 Meeting Agenda 817.503.1000 '~ ^~~~ www.colleyville.com Planning and Zoning Commission Monday, November 23, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Redfearn 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES November 9, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat being 2.3 acres on Tract 1A, Abstract 1248 of the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-013 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements for the Cambridge Place Addition located in the 600 block of Centerpark Drive, Case ZC09-016 City of Colleyville Page 1 Printed on 11/19/2009 Planning and Zoning Commission Meeting Agenda November 23, 2009 9. TABLED AGENDA ITEMS 9a 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 9b 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 10. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 20, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 11/19/2009 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~A/IA/IAI i+~lln~niillr+ n~rs1 F~~ .~~,....,...w f~ 'l'<~~ a Minutes -Draft Monday, November 9, 2009 6:15 PM City Council Chambers Planning and Zoning Commission `~~-``" City of Colleyville ~~'~ ~ ~ Minutes -Draft ~~.~~ 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on November 9, 2009, at 7:11 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Jennifer Fadden, Ron Ruthven, Jeremy Hutt, Rob McKeown, Kelly Cooper, Mona Gandy and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Redfearn moved to approve the October 12, 2009 meeting minutes with the corrections to page 4, paragraph 6, to add Ruthven after the statement made by Mr. Ron Ruthven and on page 5, paragraph 3 to include the statement that the friendly amendment was not accepted in the motion. Commissioner Phelps seconded. City of Colleyville Page 1 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 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 Commissioners Byerly and Knox recused themselves from this item and Commissioner Dudziak chaired the meeting. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if the 1,000 foot waiver is the only item in conflict with the current code? Ron Ruthven replied correct. Commissioner Phelps questioned staff regarding if the other items or additional conditions stated in the draft ordinance are in compliance with the current code or above and beyond what the code requires? Ron Ruthven replied a couple are in compliance with the code and others are above and beyond, in addition to, what is required by the code. Commissioner Redfearn questioned staff regarding if the 1,000 foot requirement would cover the residence, the two barns and the garage? Ron Ruthven replied correct. Commissioner Redfearn questioned staff regarding if the draft language prohibits any further construction within the 1,000 foot requirement? Ron Ruthven replied the draft ordinance contains no language prohibiting further construction however, Chapter 3.1 would prohibit the construction of any new structures given the separation requirements in the ordinance. He stated the Commission may choose, as an addition to the approval, language could be added to the draft ordinance that would prohibit any new structures to be built within a certain radius of the gas well site. Commissioner Phelps stated this land could be used for future development and he stated not wanting this land to have an ordinance written so that it could not be developed in the future, an ordinance too harsh for the developer. He stated there would be risks involved with developing this land. He questioned whether or not this is the best use City of Colleyville Page 2 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 for this land. Ron Ruthven recommended that if the Commission did not want to prohibit any future development from being built within a 1,000 feet of the gas well site, the language would need to be added to the draft ordinance to reflect that recommendation. Commissioner Dudziak questioned staff regarding if the noise and air quality testings will be done by a certified inspector and what standards will be used to make sure the community feels safe? Ron Ruthven replied that Chapter 3.1 actually states how the noise level testing will be done. He stated as far as who will be doing the testing, they will be required to be experts and certified professionals in their fields. He stated they will be third party inspectors hired by the applicant. Commissioner Rotthaus questioned Fire Marshal Rob McKeown regarding if he has any concerns with this SUP request? Rob McKeown replied having a few concerns only because this is new to him. He stated for the most part gas well drilling is safe, however, they have to prepare for the worst. He stated having concerns about the residence being within the 1,000 feet. Commissioner Phelps questioned Rob McKeown if the fire department is equipped to handle this type of situation? Rob McKeown stated there are experts in the field for putting out this type of and magnitude of fire. He stated they may have to call in overtime to cover a significant issue. Commissioner Rotthaus questioned Rob McKeown if since the facility will be gated, will there be a code system or gate key code to allow for access? Rob McKeown stated the gas well company will have someone at the gate to let you in, to sign you in. He stated they will be required to put in a Knox box system to allow for emergency access. Commissioner Dudziak questioned Rob McKeown if a complete concrete driveway is necessary for access? Rob McKeown stated there is a need for the complete driveway. He stated he believes the trucks they will be using may be heavier than the fire apparatus the city has. He stated the all weather service will help with these loads. Commissioner Clardy questioned staff regarding if it would be possible to plat only the pad site and not the entire property? Ron Ruthven replied the pad site alone would not meet the minimum requirements of the zoning district which requires a minimum amount of frontage along Pleasant Run Road. Mr. Aric Head, 777 Main Street, Suite 17, Fort Worth, representing Jacobs Engineering Group, came forward to present the case and brief the Commissioners. City of Col/eyville Page 3 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 Commissioner Phelps questioned Mr. Head regarding why the testing within a mile radius may not provide any real data. Mr. Head stated testing should occur on the pad site not within a mile radius. He stated they would like to discuss that with an environmental engineer with how they will conduct the testing. He stated once this information goes into the ordinance, it may limit the ability of the engineer for doing the proper testing. Commissioner Phelps questioned Mr. Head regarding what is the impact of the 24 hour drilling, will it be intrusive to the neighbors? Mr. Head replied it would be designed around the 65 decibel level rating. Commissioner Phelps stated the noise is for little or no intrusion being at night time. Mr. Head stated the ordinance is not specific to the achievement of the 651evel and mitigation for those levels can be achieved. Commissioner Phelps questioned Mr. Head regarding if there are any examples of sites that do not require 24 hour drilling? Mr. Head replied there are not any within the Barnett Shale. Commissioner Clardy questioned Mr. Head regarding what is the rational regarding this site as opposed to south; this would eliminate the distance from the Southlake properties. Mr. Head replied any further south of the residence, you would be within 1,000 feet of a Colleyville residence. He stated this location has the least effect on the property owner's residence. Commissioner Clardy questioned regarding if the core of engineers have been contacted regarding encroaching the flood plain? Mr. Head replied we have done an environmental delineation. He stated any impact to the flood plain is reviewed by city staff and then by FEMA. Commissioner Clardy questioned staff regarding what are the construction materials for the retaining wall within the flood plain area? Mr. Head replied concrete or rock material. He stated staff has recommended stone. He stated this will have the smallest impact to the trees. Commissioner Clardy questioned Mr. Head regarding what is the standard height of the production platform when the rig is in operation? Chris Hammack, Vice President for Titan Operating Drilling stated the derricks do vary in size. He stated 137 feet is normal but there are some that go up to 157 feet. Commissioner Clardy questioned Mr. Hammack regarding the production platform, how tall is it? Mr. Hammack replied the rig floor is 20 feet off the ground. Mr. Hammack stated they would come forward with a full sound abatement plan that specifically looks at this drilling unit. He stated they would be using an electric rig whereas City of Colleyville Page 4 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 others use generators. Commissioner Rotthaus questioned Mr. Heasd regarding the change in the material in the driveway, is that an economic request or a specific reason for the change? Mr. Head stated if the property is developed in the future, the removal of the concrete will be at the expense of the developer; he stated the weight of the trucks, gravel versus concrete does not make a difference. He stated they can mitigate for the dust by using several products to control the dust. Commissioner Rotthaus stated the future development of this property should not be a consideration for the materials used seeing how this driveway will be in use for a period of several years to come. Commissioner Rotthaus questioned staff regarding what is the reason for the platting of this property? Ron Ruthven stated platting allows for all exactions, right of way, easements and so forth, to be given to the city as part of the development. He stated platting takes land as a metes and bounds description and added to the official documents of the county. He stated platting helps with good site planning. Commissioner Clardy questioned Mr. Head regarding the landscaping, will the ones along the perimeter of the fence be put in at the start? Mr. Head replied once the drilling is in place, usually about 60 to 90 days so that anything that is involved in the drilling is gone, the permanent landscaping will be installed. He stated Titan could plant everything at once, but they prefer to plant last. Commissioner Redfearn questioned Mr. Hammack regarding how long the various stages will last? Mr. Hammack replied about 30 days, with the drilling of 2 to 4 wells at one time, in clusters. He stated there are certain limits for drilling because of water limitations. Commissioner Redfearn questioned Mr. Hammack regarding if they would be drilled simultaneously or back to back? Mr. Hammack replied back to back. He stated there would only be one derrick on the site at any time, the 150 feet tall structure. Commissioner Redfearn questioned Mr. Hammack regarding how long between drilling that the fracturing will start? Mr. Hammac replied they will commence within a week or two, with the fracturing lasting one week per well. He stated this will be restricted to daytime hours. Commissioner Redfearn questioned time will lapse before it goes into immediately upon completion. Mr. Hammack regarding how much production? Mr. Hammack replied Commissioner Phelps questioned Mr. Hammack regarding if there is anything else that is visual as opposed to noise oriented during this City of Colleyvllle Page 5 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 production. Mr. Hammack replied the drilling rig would be seen. He stated in the event of an emergency, there could be flaring seen, but only in the event of an emergency. Commissioner Dudziak questioned Mr. Head regarding what type of flexibility do you want regarding the sound? Mr. Head stated there are a few specifications on the muffler systems which would consist of hospital grade systems. He stated there can be blankets or rubber mats on substructures to eliminate the sound. He stated sound walls can be interior, right up against the area, not just around the pad site. He stated there are several options that could be considered, which a sound engineer could recommend. He stated a 28 foot sound wall may not do what you, the city, want it to do. Commissioner Dudziak questioned Mr. Hammack regarding the chain link fencing would be up for 90 days, however, when would you install the masonry fencing? Mr. Hammack replied the chain link fencing is for security and it contains screening. He stated once the drilling operations are complete, when all the wells on the site are complete, the masonry wall would be installed. Commissioner Dudziak stated that could be seven years from now. Mr. Hammack concurred, however if the Commissioners would like for the wall to be installed before, we could. Commissioner Phelps questioned staff regarding if the wall is to be installed at the completion of first well or the completion of production? Ron Ruthven replied the ordinance reads prior to the production phase the wall shall be installed. Commissioner Phelps stated that would indicate 30 days. Mr. Hammack agreed. Commissioner Dudziak questioned Mr. Head regarding if the concrete drive would remain in place until all of the well structures have been complete? Mr. Head replied not necessarily. He stated if a developer comes in before the drilling is complete, then the drive could be moved through the fabric of the development. He stated it would be at the expense of the developer to move the driveway. Commissioner Dudziak questioned Mr. Head regarding if they want to do the landscape planting at the completion of the wells? Mr. Head replied upon completion of those wells, and after they are producing, the landscaping would be installed. Commissioner Redfearn questioned Mr. Hammack regarding what type of lighting is required? Mr. Hammack replied there is lighting along the drilling rig itself for safety issues. He stated they use amber lighting, very low wattage and beacons at the top for aviation. Commissioner Redfearn questioned Mr. Hammack regarding if there is City of Colleyvil/e Page 6 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 any lighting on the site itself? Mr. Hammack replied the rig itself has illumination, base of the rig and around the rig to be able to work safely. Commissioner Redfearn questioned Mr. Hammack regarding if there will be lighting on the access road from Pleasant Run Road? Mr. Hammack replied there will be no lighting on the access road. Commissioner Dudziak questioned Mr. Hammack regarding if there is any air testing done by Titan, initially to get a base sampling to have some standards to judge any changes by? Mr. Hammack stated they will in this case to have some type of base line. Commissioner Dudziak questioned Mr. Hammack regarding if there are some things that you will test for or are recommended to be tested for when developing a natural gas well? Mr. Hammack replied they will need to refer to an environmental scientist, expert, to evaluate the situation. Commissioner Dudziak opened the public hearing at 8:20 p.m. Chuck Sledge, 7317 Cedar Court, Colleyville, stated being in support of the request. Louis Miller, 7802 Tillman Hill Court, Colleyville, stated being in support of the request. Grady Walker, 7309 John McCain, Colleyville, stated being in support of the request. Mark Griffin, 803 Potomac Place, Southlake, stated being in support of the request but stated having concerns about the notification of this request. He~stated most drilling sites are exempt from most of the EPA standards. He stated he would like the operator to be held to the utmost of standards in the ordinance. He wants them to live up to the letter of the law. Richard Lyon, 115 Creekway Bend, Southlake,. spoke in opposition tc the request and stated having concerns for the marketability of his home. Frances Gaver, 309 Oak Crest Hill Drive, Colleyville, spoke in opposition to the request and stated having concerns for the toxins in the air. Jennifer Kessmann, 711 Greymoor Place, Southlake, spoke in opposition to the request and stated having concerns for the air quality. She stated the 1,000 foot standard should be in place for both Colleyville and the Southlake residents. David Fink, 6400 Ponderosa Lane, Colleyville, stated having concerns City of Colleyvil/e Page 7 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 for the traffic route to be used. Jeff Wall, 7900 Jefferson Circle, Colleyville, stated the site was not picked when they signed the lease. Cyndi Miller, 7112 Pleasant Run Road, Colleyville, spoke in support of the drilling but the quality of air needs to be of primary concern before, during and after. She also stated having concerns for the new round about the city is proposing at John McCain and Pleasant Run Road. AI Zito, 501 Potomac Place, Southlake, spoke in opposition to the request with concerns to resale value. Susan Brown, 400 Latrobe Court, Southlake, spoke in opposition to the request with concerns to the air quality. Lynn Buffington, 1400 S. White Chapel, Southlake, spoke in opposition to the request with concerns to property value, safety, security. Michael DeNicola, 1680 Bent Creek Drive, Southlake, spoke in opposition to the request with concerns for the location of the site. Shawn McCaskill, 601 Potomac Place, Southlake, spoke in opposition to the request with concerns for the air quality. Claire Lopez, 701 Beverly Drive, Colleyville, spoke in support of the request. Kevin Townson, 175 Creekway Bend, Southlake, spoke in opposition to the request with concerns to traffic and pollution. Beth Adams, 165 Creekway Bend, Southlake, spoke in opposition to the request with concerns to the health impact. James Kniese, 6512 Pondersa Lane, Colleyville, spoke in support of the request providing all of the concerns are addressed. Michael Burns, 105 Creekway Bend, Southlake, spoke in opposition to the request with concerns for resale value. James Day, 805 Shelton Drive, Colleyville, spoke in favor of the request. David Young, 509 Potomac Place, Southlake, spoke in opposition to the request and stated they were not told as to where the site would be and stated having concerns for resale value. He stated Titan should hold true to their contract. City of Colleyville Page 8 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 David Ray, 1640 Bent Creek Drive, Southlake, spoke in opposition to the request with regards to the 1,000 foot setback and health concerns. AI Zito, Monticello HOA, spoke in opposition to the request with regards to concerns for the breach of contract with Titan. He stated Titan stated they would not put a site within 1,000 feet of any HOA land. There being no one wishing to speak, the public hearing was closed at 9:15 p.m. Mr. Hammack and Mr. Head came forward to answer any questions. Mr. Head stated he feels their application has addressed all of the issues and concerns of the neighbors. He stated there is no evidence that a well site will hurt the resale values of homes. He stated staff has adequately addressed the concerns of the testing of air quality. He stated this city is the first city that has addressed the issues of air quality in the Barnett Shale and Titan is willing to comply with TCEQ and the EPA regarding air quality issues. Commissioner Phelps questioned Mr. Head regarding if they are willing to address any traffic route or intersection improvements while this site is in production? Mr. Head stated this route was actually the best route out of the 4 or 5 options. Commissioner Phelps questioned Mr. Head regarding if the costs of the intersection improvements will be taken on by Titan? Mr. Head replied Titan is willing to look at all options of improvements if issues arise along the way. Commissioner Phelps questioned Mr. Hammack regarding what are the parallels or lack of parallels regarding this site and the Dish, Texas situation? Mr. Hammack replied these are different situations. He stated these emissions are being generated by a compression system, this site is not going to be a transmission site, it is going to be an oil and gas well site. He stated they are very different. Commissioner Rotthaus questioned Mr. Hammack regarding what are the water impacts? Mr. Hammack stated the water is regulated by TCEQ and they have applied to TCEQ for a water permit. He stated this will be 200 feet below the fresh water system. He also explained to the Commission the construction regarding the water system, piping and tubing systems. He stated these are very highly regulated by TCEQ and they have measures in place to monitor situations. Commissioner Clardy questioned Mr. Hammack regarding as far as the water needed for each well and fracturing process, how will the water be extracted? Mr. Hammack replied the water will be purchased from the city. He stated if the city shuts down because of a drought, the water well is used in case the water can not be retrieved from the city. Mr. City of Colleyvil/e Page 9 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 Head stated they are requesting 350 gallons per minute from one of the fire hydrants on the frontage of the property. He stated they will work with city staff regarding the withdrawal rate so that nobody is impacted along the way. He stated the water well is just needed in case they can not get water from the city. Mr. Hammack stated any water wells drilled on the site would be directly drilled to the Trinity water system, around 12 or 1500 feet. Commissioner Dudziak questioned Mr. Hammack regarding if the state or TCEQ will do a before test to make sure the water tables are in place? Mr. Hammack stated they do determine the usable level of quality depths are. He stated not knowing how they determine the depth of usable levels of water. Commissioner Dudziak questioned Mr. Hammack if there are other organic compounds currently in the air that could harm the residents? Mr. Hammack replied no, not in their opinion. He stated the gas in the Barnett Shale is a very dry lean gas, not a lot of impurities. He stated the gas being extracted is the same gas used in homes. Commissioner Dudziak stated they are the first city to ask for air quality standards. Mr. Head concurred; he stated no other city has required air testing. Commissioner Redfearn questioned Mr. Hammack regarding if there are any exemptions that regulating agencies can opt out of environmental enforcements? Mr. Hammack not that he is aware of any. Commissioner Redfearn stated EPA and State. Mr. Hammack concurred. Commissioner Redfearn questioned Mr. Hammack regarding what is the logic of needing the setback in the first place? Mr. Hammack replied International Fire Code governs it at 200 feet to a structure applied outside the municipalities. Commissioner Redfearn questioned Mr. Hammack regarding if 1,000 feet is common in municipalities? Mr. Hammack replied they vary, anywhere from 200 feet to up to the strictest being 1,000 feet. Commissioner Dudziak questioned Mr. Hammack regarding what is the time line that the derrick will be in the air, when are you going to start? Mr. Hammack replied the rig will not be in the air for 7 years. He stated there could be a total of 13 months total, in other words up for 2 to 4 months in the air, gone for 6 months and back for a few more months in the air. He stated all activities are masked behind the wall and foliage. He stated this site is limited from site because of the foliage. City of Colleyville Page 10 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 Commissioner Clardy questioned Mr. Hammack how will the issue regarding the 1,000 foot setback be addressed with the Monticello HOA. Mr. Hammack replied they became aware of the situation late last week and he stated they try to work with all of the residents. He stated this well site was very well aware of the location by all. Commissioner Rotthaus questioned staff regarding the public display of the test results, how will that be done? Ron Ruthven replied it can be added to the draft ordinance as part of the inspectors evaluation or testing of the air is to publish those results. Commissioner Phelps commended staff regarding the work put forth in this ordinance. However, he stated there are some wrinkles within Chapter 3.1 that were not anticipated. He stated having concerns for future development within the 1,000 foot radius. He stated he would like to further understand what the consequences are of failed test. Ron Ruthven stated if a home were to be built within the 1,000 feet, the ordinance would not prohibit that. He stated as a condition of the SUP, for future homes, parameters could be established for around this site. He stated if air quality testing should be at levels not acceptable by standards, all gas operations would cease until the source of air quality violation is identified. Commissioner Phelps questioned staff regarding who would be the enforcer for the stopping of the gas operations? Ron Ruthven replied the inspector would have to notify the city and the city would issue the stop work order. Commissioner Phelps questioned staff regarding what are the plans for a roundabout at John McCain and Pleasant Run Road and what are the plans for working with the truck traffic when construction begins? Senior Project Engineer stated the starting design and engineering will begin in 2010 and construction will proceed in 2011. He sated they have taken into consideration and will incorporate the design with the truck route in mind. Commissioner Redfearn questioned staff regarding will this SUP ever expire or run out? Ron Ruthven replied either at 6 months with an abandonment of the well or upon cessation of production where the wells are capped and brought back to the original condition. Commissioner Redfearn questioned staff if a condition can be put in this SUP that affects a property other than the subject property? In other words, new construction within so many feet of the well site? Ron Ruthven replied yes, especially if within 1,000 feet of the subject property owner. Ron Ruthven stated his recommendation to the Commission would be, that if you want to establish a buffer, maybe a no build buffer, around the well site, it would probably be best to keep it at least a few hundred feet or on the subject property itself. City of Colleyville Page 11 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 Commissioner Phelps stated having a procedural concern with looking at a SUP with a 1,000 foot radius yet having a notification area that goes by the standard 200 foot. He stated not knowing if that would require a change in city policy rather than in proximity of the property being zoned but within the impacted area. In this instance, notification should be 1,000 feet. He stated he would like a better understanding of what is developable on this property. Commissioner Dudziak questioned staff regarding what are the standards for the third party inspector? Rob McKeown stated not knowing at this time. He stated he will look for someone who had worked in other cities to see what the process was used. Commissioner Dudziak stated we are the first city to have the air quality testing requirement. He questioned staff regarding how are you going to be able to use another example if other cities have not required this? Rob McKeown stated gas wells are all over the state of Texas and are inspected everyday. He stated there are bound to be some standards as to what should be measured. Commissioner Dudziak stated upon commencement does not give us a baseline. He stated not being comfortable with the one mile radius of the drill site. He stated wanting the proper area to be tested to safeguard the residents. He stated there are some issues that need to be addressed before moving forward. Ron Ruthven stated the applicant was willing to have a consultant to get those air quality standards, industry standards. He stated there are no city laws regarding these standards, these are state and federal laws that govern those standards. He stated the baselines are already in place set forth by the state. He stated an expert on air quality for best testing measures can be consulted. Commissioner Redfearn stated there may be a gap between where they are and where we want to be. We may want to have more rigorous standards in place. He stated environmental concerns were of utmost concern of the citizens. Commissioner Dudziak stated the frequent measurements would need to be known going in so that Titan will know what they are working with. He stated having a concern for the drilling company to do the hiring of the third party inspectors and paying them for the inspections. Commissioner Phelps discussed issues he had regarding the letter the applicant presented before the meeting. Commissioner Phelps moved to table case ZC09-011. Commissioner Clardy seconded. City of Colleyville Page 12 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft November 9, 2009 Commissioner Dudziak concurred. The motion carried by the following vote: Aye: 5 -Dudziak, Redfearn, Clardy, Rotthaus, Phelps Excused: 2 -Knox, Byerly City of Col/eyville Page 13 Printed on 11/13/2009 Planning and Zoning Commission Minutes -Draft 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 The applicant was not ready for this item to be removed from the table therefore the Commission did not open this item for discussion. 9. ADJOURNMENT The meeting adjourned at 10:07 p.m I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, November 5, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 14 Printed on 11/13/2009 ~,~1 ~ t// /+ ~/ /+ ~/ ~(v`~~~~ ~t~ v~~,7 ~~ v~"e,7 V~'le 100 Main Street `~" Colleyville, Texas 76034 `~.M~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 11/23/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a minor plat being 2.3 acres on Tract 1A, Abstract 1248 of the T.J. Poison Survey located at 5016 Bransford Road, Case PC09-013 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 11/23/2009 Planning and Zoning Commission Title Approval of a minor plat being 2.3 acres on Tract 1A, Abstract 1248 of the T.J. Poison Survey located at 5016 Bransford Road, Case PC09-013 Explanation Larry Stewart, representing property owner Darrel Forsberg, is the applicant fora 2.3 acre tract of land located at 5016 Bransford Road. The developer has submitted a request for approval of a minor plat that will consist of two residential lots. Zoning. The property is zoned R40-Single Family Residential with minimum lot width and depth requirements of 150 feet and a minimum lot area of 40,000 square feet. Both proposed lots meet the width requirements and minimum lot area requirement. The Planning and Zoning Commission denied a previous plat for the subject property at the October 12, 2009 meeting because the lots did not meet the minimum standards of the R40-Single Family Residential zoning district. Existing Conditions. There is an existing single family residence located on the proposed Lot 1. Upon approval of the plat the owner plans to demolish all structures and construct two new single family residences. Drainage. A lot grading plan will be necessary at the time of the building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans during the building permit process. City of Colleyville Page 1 Printed on 11/19/2009 Agenda Briefing Continued Parkland Dedication Fees. Parkland dedication fees will be required for Lot 1 prior to the filing of the plat. Sidewalks. The Land Development Code requires sidewalks on Bransford Road the option to escrow in lieu of construction on Lloyd Circle. The sidewalk on Bransford Road must be a minimum of five (5) feet in width and the sidewalk on Lloyd Circle, if constructed, is required to be a minimum of four (4) feet in width and installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the plat for Bransford Road and Lloyd Circle. Tree Preservation. All existing trees must be protected per the requirements of Chapter 5-Tree Preservation in the Land Development Code. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprints. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all zoning requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 11/19/2009 Location and Zoning Map Plat Exhibit ~ ~~ s " ~~~ ~ ~ ~~ ~~ ~ m a m c El d~ o ~~ t yA Y 7 ~ '~~~ t si°~ ~ ~~~ ~ ~~~~ , ~ Q f ~i~et~ I~ I -----------J I I I I I }~~i I I ~~~~ I I I ~~ ~ ~~~ ~ a o i`~ ~~ a~ ~ `~ „ ~, Z E ~~~ 9~ ~b~~s 9 ° ~~'v ti ' O ~~ ~~ isN ~ ,~~~$ ~~ t ~~~a~; ~a ~~ x ~; ~ l~~~e $ ~j~~j .j ~ ai R R~ t. ~ q~ ~ t~l~ „` °' I A•, ~ ~ $i,~ Iii ;d~ ~`t ~~~ ~ e~j' ~!i';~ • ,~~t rr ~i,t;j~ : ii ~ ~~~~~~t ,~'~ ~.~ i,~ ~ii'; a t,fi~` :fill ~":r ~ ~ ~ Z o = m ~~ ~~ 8 '~ ~ ~~ ' p4 ~~~ Q~ l~_-r-__ ~~~ s,~ ~i~ y'I ~~~~' ; °#~ YY Y~ ~~~~ aY i lps t hYi_(Y Ei~ `~ ~~ °~I~i ~~ ~ ;~E ~; gll r tr 4. ~; ~ ~~ ~a +~Y~, ° ~ tx iB - 9a ~ !t ~~ a ,~'~n~ ry~ ~~~~~ ~~ t'3 ~~~,7 0~ ~~~~~,7 V~~~~ 100 Main Street ~ ~'~ Colleyville, Texas 76034 '~~-~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 11/23/2009 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements for the Cambridge Place Addition located in the 600 block of Centerpark Drive, Case ZC09-016 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives -Variance Checklist Exhibit from Applicant Elevation Exhibit Photos Provided by Applicant • Ordinance 0-04-1467 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/23/2009 Planning and Zoning Commission Title Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements for the Cambridge Place Addition located in the 600 block of Centerpark Drive, Case ZC09-016 Explanation David Gaona is the applicant fora 0.03 acre tract of land located at 624 Creekview Lane. The applicant has submitted a request to amend Ordinance 0-04-1467, in order to allow a three foot setback encroachment on the building line of Lot 10, Block B of the Cambridge Place Addition located at 624 Creekview Lane. Existing Zoning. The PUDR-Planned Unit Development Residential Ordinance 0-04-1467 for the Cambridge Place Addition was approved by City Council on July 6, 2004, and allows for a building line of 15 feet. Proposed Zoning Amendment. Under straight zoning classifications such as R20-Single Family Residential, a setback variance similar to this request would be considered by the Zoning Board of Adjustment. However, in the instance that a property that is zoned PUD-Planned Unit Development (commercial or residential), any variance to a specific requirement prescribed by the PUD ordinance can only be granted through an amendment to the PUD ordinance. Therefore, the applicant is seeking to amend the existing ordinance to allow for the construction and addition of a covered porch to the southwest side of the City of Col/eyville Page 1 Printed on 11/19/2009 Agenda Briefing Continued existing single family residence. The Cambridge Place Addition encompasses 36 residential lots and currently has 18 constructed homes. The proposed covered porch is proposed to be constructed to the same architectural style of the existing home. This covered porch is proposed to encroach on the front building line by 31 inches. The applicant states that they have examined other areas in which to add a covered porch and feel that having the porch on this side of the house would provide the best fit. Master Plan. The Colleyville Plan designates the subject property for single family residential uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. The properties to the west are zoned CC2-Shopping Center and are developed as offices and a restaurant. The property to the north is also zoned CC2-Shopping Center and is developed as a shopping center. The properties to the east are zoned R-MF- Multi-Family Residential and are developed as single family residences. The property to the south is zoned CC2-Shopping Center and is undeveloped. Public Notification. Given the PUD amendment, staff mailed notices to all property owners within the PUD (36 property owners) and within 200 feet of the PUD, which totals to 66 property owners, regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Summary. The applicant's request will result in a reduction of the building line at the point of the encroachment for the subject lot when compared to the original project. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 2 Printed on 11/19/2009 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Colleyville 26 Crossin Ltd 8235 Dou las Ave Ste 950 Dallas TX 75225 4701 Colleyville Blvd Daunis, Walter F & Letaine 8900 Crest Wood Dr Fort Worth TX 76179 4609 Colle ville Blvd Realty Income Texas Prop Lp PO Box 460069 Escondido CA 92046 4700 Glade Creek Dr Com uter Sup lies Lp 714 Center ark Dr Ste 140 Colle ille TX 76034 710 Center ark Schwab Group Llc 714 Centerpark Dr Ste 100 Colleyville TX 76034 714 Centerpark Tlh Realt Investments Ltd 4512 Dartmoore Ln Colle ille TX 76034 4607 Colle ville Blvd Betty B Pannell Rev Liv Tr 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark Blockbuster Investment Ltd 2317 Clearview Ct Lewisville TX 75057 4608 Colle ville Blvd Wren, Donald C Etux Barbara 4704 Lakeshore Ct Colleyville TX 76034 4704 Lakeshore Ct Com uter Supplies Lp 714 Centerpark Dr Ste 140 Colle ille TX 76034 710 Centerpark Computer Supplies Lp 714 Centerpark Dr Ste 140 Colle ille TX 76034 710 Centerpark Trow, Bradle M PO Box 1201 Hurst TX 76053 4605 Colle ville Blvd Sawyer, Matthew Etux Christi 4700 Lakeshore Ct Colleyville TX 76034 4700 Lakeshore Ct Cambrid a Homes Inc 2828 E Trinit Mills Rd # 300 Carrollton TX 75006 601 Creekview Ln Ebna-Gina Inc 4100 Felps Dr # F Colleyville TX 76034 Colleyville Blvd Sin h, Har'inder Pal 8801 Count Glen Xin Plano TX 75024 4602 Colle ville Blvd Trinit River Authorit Of Tx 5300 S Collins St Arlington TX 76018 4602 Bransford Rd Cambrid a Homes Inc 2828 E Trini Mills Rd # 300 Carrollton TX 75006 605 Creekview Ln 4507 Colleyville Blvd Llc 714 Centerpark Dr Ste 140 Colleyville TX 76034 4603 Colleyville Blvd Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 609 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 600 Creekview Ln Cambrid a Homes Inc 2828 E Trin Mls Rd Carrollton TX 75006 808 Creekview Ln Cambrid a Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 812 Creekview Ln Fick, Ga Etux Rebecca Cast 804 Creekview Ln Colle ille TX 76034 804 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 800 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 Creekview Ln, street Cambrid a Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 613 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 604 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 833 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 724 Creekview Ln Mirzadeh, Marzia 4608 Clearwater Ct Colleyville TX 76034 4608 Clearwater Ct Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 617 Creekview Ln Donato, Mario Jr Etux Melissa 4612 Clearwater Ct Colleyville TX 76034 4612 Clearwater Ct Johnson, Yvonne F 608 Creekview Ln Colle ille TX 76034 608 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 829 Creekview Ln Cambrid a Homes Inc 2828 E Trint Mls Rd Carrollton TX 75006 621 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 825 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 726 Creekview Ln Hoa Of Cambridge Place Inc Dehart, Jack Sr Etux Doris Buttrill, Robert Etux Linda Cambrid a Homes Inc 3500 Maple Ave Ste 1165 737 Creekview Ln 118 Rock N Rob n 2828 E Trinit Mills Rd # 300 Dallas Colle ille Horseshoe Ba Carrollton TX TX TX TX 75219 76034 78657 75006 610 Creekview Ln 737 Creekview Ln 733 Creekview Ln 801 Creekview Ln Sorlie, Victor A Etux Linda Cambrid a Homes Inc 729 Creekview Ln 2828 E Trinit Mills Rd # 300 Colleyville Carrollton TX TX 76034 75006 729 Creekview Ln 625 Creekview Ln Cambridge Homes Inc Cambrid a Homes Inc 2828 E Trinity Mills Rd # 300 2828 E Trint Mls Rd Ste 300 Carrollton Carrollton TX TX 75006 75006 805 Creekview Ln 821 Creekview Ln Cambridge Homes Inc Hoa Of Cambrid a Place Inc 2828 E Trinity Mills Rd # 300 3500 Maple Ave Ste 1165 Carrollton Dallas TX TX 75006 75219 725 Creekview Ln 633 Creekview Ln Ownen, Geoffrey R Etux Helen M Gra , James C Etux Frances A Ross, Peter M Etux Mickey K Cambrid a Homes Inc 809 Creekview Ln 624 Creekview Ln 721 Creekview Ln 2828 E Trinit Mills Rd # 300 Colleyville Colle ille Colleyville Carrollton TX TX TX TX 76034 76034 76034 75006 809 Creekview Ln 624 Creekview Ln 721 Creekview Ln 813 Creekview Ln Wilson, Edwin E 817 Creekview Ln Colle ille TX 76034 817 Creekview Ln Curtis, Eleanor K Tr 629 Creekview Ln Colleyville TX 76034 629 Creekview Ln Chandler, Raman PO Box 611 Colle ille TX 76034 4501 Colle ville Blvd Winstead, Debra A 717 Creekview Ln Colleyville TX 76034 717 Creekview Ln Hardin, Marian M 713 Creekview Ln Colle ille TX 76034 713 Creekview Ln Cambrid a Homes Inc 2828 E Trin Mls Rd Carrollton TX 75006 701 Creekview Ln Yellock, Johnnie Etux Rea an 709 Creekview Ln Colle ille TX 76034 709 Creekview Ln Charon, Phillip Etux Kathleen 4604 Clearwater Ct Colle ille TX 76034 4604 Clearwater Ct Drennan, Bill Etux Frances 705 Creekview Ln Colle ille TX 76034 705 Creekview Ln Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 Colleyville Blvd Miller, Robert T Jr Etux Dee D 4600 Clearwater Ct Colle ille TX 76034 4600 Clearwater Ct Gea , Daniel B 4601 Clearwater Ct Colleyville TX 76034 4601 Clearwater Ct Cambrid a Homes Inc 2828 E Trinit Mills Rd # 300 Carrollton TX 75006 628 Creekview Ln David Gaona, applicant 2808 Tumbleweed Grapevine TX 76051 applicant Public hearing notices were mailed on Thursday, November 12, 2009 by Amy Shelley. Exhibit Provided by Applicant ~ ~ ~ ~ NEU1 GONSTRUGTION ~- %f~/ r `, ~ • ~ `~~ N ,~~ ,~ ~' [ i - ~~ ~ Syr- - cs? ~1 1 I ICI I I}I ~INI ( EXISTINCx I RE5IDENGE ( ~ I _ \~ ~ I- ~ I III e a~, .~ ~ \ '~~ ~I I I ~ -~ ~ L-- i5~ 8.~. u.~. nor n lnl ~\' / ~~ 624 GREEKVI€W LONE Distinctive Dwellings D®rtll i~r t~Ir~ pouibilitus 1256 Mvn 8ueot Simon ZTI 3oo~e,'I~o~ 7G092 t 817481129 j 817 ~6 8T13 • Builder/OWner to verify and check aN aspects of this site and plot plan prior to 1~"y~ ~~~Z1f/ or~e~c-~a~t~ c,R,aY »rtov~ 9-1~i-09 construction 0933 OPT-A Elevations ~. ;~ ~~ i ---- _r ~~ 1 ~ _1. _. ~ 1 ~~ '~ ~~ •'~., '~. is ~ ~~ ~~. ==__;=- ` ; ,, ----, 1 '~, 11 ~ ----------- --=~ ; ~~ ~. 1 11 11 1 ~,_ - 1 ~ ------ -.. 1 ' --- -------------------~ ----. 1 1 ;_ ----- ,~ ;; 1 ,~ - _ • 1. _ _ ~ ____ _________~ 1 11 _~ _________-.. _ __ _ _____ wrwwr~.raeo 1 il' 1 ;` ` ~ 1 ~ ~~ 1 1 ~~:•. 1.,; , ~. _ _ ,;; 1111 III ;,,1 1 }, 11 11„ 1 a , .~ I .n ~ 111 , 11 ~s~-~------- F -------- ~ , ~, ---- - ' ,,,, .., .. „~; ~ '~ 1 ;; _.._____ 1 iil~ ~ Lh il~i i ~~ii 1 __ 4~1 1 i~~ i 1 1 ~~~ 11' 1 f ills iii ii~l ~ 11 il~ pll b 1 '1~1 ra 1 i ~~ii it 1 111 __ ~al~ uti .' 1 ~ ~r1 1 1 ~ ~ ilr iiii p~ 1^ ;1 1~ 1,i1 41 il.. 1 ~~ ~ ,, 1,11 __ x -_r-- ~ x;11 ~ i TT _ ~~ 'J•C~_.72~ 1111 11 4 4~~~~~ 11 ~ ~ e ^E ~ 1 1 ~' _ i ~ l l M' ; ; 11 1 ~~11 i 1 11 fr~ -- ----- 1' ~ ; 1 ~'---- 11 T~~ 7 1 ii~il~~ i i l ~~~ I~~i ;%, I ~ - _- --- _ -~i;.,_f___ 1;11 --- ~~;; 1 b'~ ' ~ .... 1 ~ ; : ~~- .1 i7 X11 . 1. 1 -- .r 1 ~ ~ ~ 1 1, ~ 1. ;1~ ~~ ----- - 1 O o ~ CUSTOMER:GRAY REMIODEL ~;~ ~~~ ~ ~s~~ ~s ~~~ ~ co ry D~t~.Ct~oC I?i!"C111~g3 _ _ ~ v . r3(~~ ~~ .~~~i• •, cN bwdlb~drpe~ar3l:6olrr BUILDER: r ~+ ~' w ~ ,ourr..~al+.m•.~r,~~e aiorr~ f~o~c~ BRIDGE P CE LOT 10-B t . i i t ~ ~~ s''P~~ ~ i3~~~,~~ j es_ ~ 's ' fir' L _ 4 . 4 J V t' G a "7;_ f ~' r I_; ~ y T~ ~_ i __ 5 _ ~ _ _{ _ ~' ~_ ~ ~ - . ~ ~ ~ ;-: r, ~ - ~ - ~ ~~~_ i ~ ~~ t• _ I_ _ _ ~_. i ' . 1. ~~ 4 Np ~'~': l ~ ., ~~. Y ~'' 1 ~'--':'.. Y~.. . _¢ ~. --s- - - ..., '~` ~ ,-~_ - -.,_... ,.~ _. ~ ~~ t :. a a - _ 3 ~ H _ _ - __- ~, _ t ~- ~ ~r_- _ _ --_ ~ - _ iY~Tj~ ~ i'~ _ ~- ~ - e (a'~ } - ~. - ~~ l_ - - - _ )~ ~ 'Y - ~ ~_.. -_ y ' ~(~ ~T~ i n c . F; r 3 ORDINANCE 0-04-1467 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 LOT 4R, BLOCK 1, CENTERPARK ADDITION, FROM THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application fora zoning change was filed by Arcadia Realty Corporation on January 19, 2004, under Case No. Z-04-010; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE 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 as Lot 4R, Block 1, Centerpark Addition, by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "B", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-04-1467 Page 2 of 6 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Singfe family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size 4,500 square feet (2) Average Lot Size 5,300 square feet (2) Minimum Lot Width 50 feet (3) Minimum Lot Depth 58 feet (4) Front Building Line 15 feet (5) Front Set back to 18 feet Garage doors facing street (6) Side Building Line 3 feet and 7 feet (7) Side Setback to 10 feet street Right-of-Way (8) Rear Building Line 10 feet b. The maximum number of single-family lots allowed within this development shall be thirty-six (36) lots. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty (20%) percent of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. However, storm water detention is not required. c. Street trees will be planted approximately 3 feet behind the back-of-curb. Ordinance 0-04-1467 Page 3 of 6 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "B", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 6. SIDEWALKS AND TRAILS a. A five (5)-foot wide sidewalk shall be constructed along the north side of the interior street. Each homebuilder shall construct sidewalks along lot frontages. The developer shall construct the sidewalk along the common open space area. b. The developer shall construct a five (5)-foot wide sidewalk adjacent to Centerpark at the same time building improvements are made on the lot, unless funds are escrowed with the City for future construction of the sidewalk. c. Driveway approaches, driveways, city walks and residence lead walks shall be constructed of exposed aggregate concrete. Driveways may also be constructed using stained pattern stamped concrete, bricks or stone or any combination thereof. 7. FIRE PREVENTION MEASURES a. Zero Wall Construction The Lots are being developed utilizing aZero-Lot-Line concept. Accordingly, the outside wall on one (1) side of each residential structure to be constructed on a Lot is to be constructed along a line 3 feet (3') inside the property line (the "Zero Wall"). To maximize the use, enjoyment and recreation of each Owner, the Zero Wall, if adjacent to another Home Lot, shall be constructed with no doors or windows (unless required for fire egress) and shall be constructed of predominantly non-combustible materials. Ordinance 0-04-1467 Page 4 of 6 b. Controlled Street Parking Before New Home construction begins, appropriate "No Parking" signage shall be installed and maintained along both sides of streets with less than twenty (20) feet in width as measured from back of curb to back of curb. Appropriate "No Parking" signage shall be installed and maintained along one side of streets with less than thirty (30) feet in width as measured from back of curb to back of curb. 8. HEIGHT RESTRICTIONS a. Lots 26, 27, 28, and 29 abutting Lakewood Estates shall be limited such that no second story windows will be allowed unless they are on the front of the home and face the street. 9. FENCES. WALLS AND SCREENING a. The developer shall construct a six (6} foot tall screening fence along this property's frontage on Centerpark. The fence may be constructed of masonry, ornamental iron, or a combination of the two materials. Ornamental metal fencing will be located to open views of the adjacent open space from Centerpark. The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowners association shall maintain the fence. b. Residence fences facing the street shall be ornamental metal or masonry. c. All air-conditioning equipment, fire wood piles, sanitation facilities or other service facilities must be screened with fences, walls or landscaping, so as not to be generally visible by the public. d. No fence shall be more than six (6) feet tall with the exception of the perimeter fence on the western property line that abuts the commercial property, which may be up to eight (8) feet tall. 10. ARCHITECTURAL FEATURES a. Chimneys -All wood burning fireplace chimneys shall be architecturally compatible with the principal finish material of the exterior walls of the Dwelling Unit. Chimneys of lap siding are Ordinance 0-04-1467 Page 5 of 6 expressly prohibited. b. Garages -All Residences shall have either an attached or detached enclosed two (2) automobile garage. Carports on lots are prohibited. c. Garage Doors -Garage doors shall have wooden exterior surfaces or wooden trimmed to match the dwelling style. Garage doors with metal exterior surfaces shall be prohibited. d. Building Materials - At least ninety percent (90%) of the total exterior area of all Residences, and one hundred (100%) percent of the first story exterior walls which are carried vertically by the foundation, excluding gables, windows, light wells, architectural ornamentation, and door openings shall be of brick, brick veneer, stone or cultured stone veneer, stucco, cement fiber stucco board or other exterior materials of a similar nature that is compatible with the principal finish material of the exterior walls of the dwelling unit. Every garage and accessory building, except a greenhouse, shall correspond in style of architecture and exterior building materials with the dwelling to which it is appurtenant. e. Roof Pitch and Roof Materials -All prominent pitched roofs shall be not less than a 12/12 pitch. This restriction shall not apply if a different roof pitch is required by a particular historical design or style, such as Mediterranean. Dormers, bay windows, rain sheds, etc. that are part of the architectural style may have roof pitches as appropriate. All roofs shall be constructed of 30- year, or greater, premium grade asphalt dimensional shingles, slate, copper, clay tiles, reinforced masonry tiles or other materials as appropriate to the architecture of the home. 11. OTHER SITE FEATURES a. Underground Utilities -Overhead utility wires shall be prohibited in this development. All utility services internal within the development and adjacent to the perimeter of the development shall be buried underground. b. Decorative Sign and Light Poles -The developer shall install decorative street lights and street signage, which shall be maintained by the homeowner's association of the development. Ordinance 0-04-1467 Page 6 of 6 Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shat{ be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. 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. The first reading and public hearing being conducted on the /•~"~ day of 2004. Th second reading and 2004. public hearing being conducted on the ~ day of ATTEST: Cynthia Singleton, TRMC City Secretary AP V D AS TO FORM AND LEGALITY: R ss T. Foster City Attorney Mayor EXHIBIT A-ZONING MAP EXHIBIT B -CONCEPTUAL SITE PLAN r s~ +~ w ~ r ~ wee a ww r+ w v • . +w .. -. i ~ . t ~~ ~ ~ ~g ~~ b ~ `g~ ~~ 1 ~~ 1 :~ -~ ~d ~ r~ - ~ ~~ ~_ ` ~,` ~~ ~ eta i ~~ ~ i --t~ ~ . ~ -# ~~~ ,_ : _ ,~~ // ~ ~x ~~ • ~ 9 ! 1, ~~ ~ • ~ 6 ~~ r ~ ~i'~ ~ ~ ~ ~ ~ i~e 5 - ~ i 8 *s ~t x ~ _ ~ ~ ~i'_ ~ ~~ _'' S ~! f 9 s ! ~pp ~~ ~ ~ilf 'fir ~ 1 9 + : __ ~ ~~ ~ . 6e i /~ i a~ _ - ~ ~~ ~~ f' , 1 = ~1 , E~Y ~~ ,~(. L,~ , ~ -~. ~,~•,` 4 ~~ A~ 1~. ` sue; , , '4~ ! y~ ~ ~ ;i + 8 K ~. ~` r .^ ~ ! ~~ 5~3 ~~ ~ ~ ~ ~E~ 4 ~ ~ yA ~~ '~' ' ~^ ~ ~ i 8 '~ ~ ~ `'~. ~ / i i ~/ e i~ i~ i ' i~ i .~ ORDINANCE 0-09-XXXX AN ORDINANCE AMENDING ORDINANCE 0-04-1467 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-04-1467 on July 6, 2004, to establish residential zoning on approximately 9.18 acres now known as Cambridge Place Addition; 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-09-XXXX Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 04-1467. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 9.18 acres of the Cambridge Place Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map and Exhibit "B" labeled as Site Plan. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 'I C~FNFR01 a. The purpose of this PUDR amendment is to allow for a three foot encroachment into the front setback in order to allow construction of a covered porch to be added to the south side of a single family detached dwelling located on Lot 10, Block B per Exhibit "B". Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above Ordinance 0-09-XXXX Page 3 of 4 zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-04-1467 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Site Plan ~° ~F ~ ~.. ~~T~~T r { ~ Z~ 3 r" V~ , ~~ ~G, }s~,(j~ J' ~`~, 1 ~~ r ti~/f ~ r ~ ~~~~ ,rf~ ~~ ,r ~ r F~F~/~ fed 'f, ~~.. ~/ ~ ~ ~ F ~~.!/F ~ ~ ~ ~ ` I/ ~ ,~ ~ 1 'v ~ /tea r' 'k~ ~f r '~ f f' i`,ar'" ! ,/ '~ ~ ~ ~ ~1 . .J~ , 1 ~, l / 1 ~ t F 1,~ ~ f x f/' l~~ r f c ~ ~` +'f l r~ ~ ~ ~ J jj A r t[{ ~ ~ t~ ~/ J ~ F I \ r r~,~' { ~ ,f } ~ ) ~~ ~ r .:~ Fr f ~ ~ f E E ~ ~fff ~ \ (~ '~ ~ ~ 1 , n ~~ f t i 1 LaT~~l ~~___ _. ~~ ~ ~, .~: ..~~~ i 3 I~~st~rtct~e Dwe~lin~s ~~ ~~~~ ~~ . ~kitd~*~~~tal #~ and k a0 oa~ccCt~ cF Ihkt ~i~ o+~d pbi p1z~n gAx to xy ~ouahiuGgr9 ~ kr+'t I .~ ,r.+~~ City Hall qty O Col leyville 100 Main Street ` Colleyville, Texas 76034 °x~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Tabled Version: 1 Requester: Community Development Department Agenda Date: 11/23/2009 Agenda No.: 9a 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 1 11/23/2009 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. The applicant states that they will submit the updates requested by the Commission in time for consideration at the December 14, 2009 Planning and Zoning Commission meeting. 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 City of Colleyville Page 1 Printed on 11/19/2009 Agenda Briefin_4 Continued the PUDC-Planned Unit Development Commercial zoning district. The applicant is seeking the zoning change in order to expand the existing self storage facility, add office and retail uses along Colleyville Boulevard with office/warehouse uses to be located between the self storage units and the proposed office/retail uses. Existing Conditions. The subject property is composed of three lots. The property located at 1801 Industrial Boulevard is platted, developed as Additional Self Storage and is zoned PUDC-Planned Unit Development Commercial, CC1-Village Retail and ML-Light Manufacturing. The property located at 6405 Colleyville Boulevard is unplatted, contains a psychic shop and is zoned CC1-Village Retail and PUDC-Planned Unit Development Commercial. The property located at 6401 Colleyville Boulevard is unplatted, undeveloped and is zoned CC1-Village Retail. 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 City of Colleyville Page 2 Printed on 11/19/2009 Agenda Briefing Continued - Office showroom - Self-storage - Warehouse - Propane refilling station - Outside storage of recreational vehicles, boats and watercraft - All uses permitted within the CC2-Shopping Center district The applicant states that the hours of operation for the proposed truck rental would be Monday through Saturday between the hours of 8:30 a.m. and 6:00 p.m. and on Sunday between the hours of 9:00 a.m. and 1:00 p.m. General uses will be permitted per each proposed building as indicated on the conceptual 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 City of Colleyville Page 3 Printed on 11/19/2009 Agenda Briefing Continued Opticom system and shall meet the minimum requirements of the Land Development Code. Staff recommends that a mutual access easement be required along the entire length of the southernmost portion of the subject property where it is adjacent to property zoned CC1-Village Retail. Additionally staff recommends that mutual access easements be required adjacent to all other properties with frontage along SH26. This provision has been added to the draft ordinance. Traffic Impact. Given that the proposal does not specify a specific breakdown of uses by building square footage, the aggregate traffic impact cannot be accurately gauged. Therefore staff has broken down the potential traffic impact by assessing the maximum potential trips generated by the development versus minimal potential trips generated. 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 City of Colleyville Page 4 Printed on 11/19/2009 Agenda Briefing Continued located along SH26. The conceptual site plan does not indicate this greenbelt. Staff recommends that the greenbelt be required to be installed along with all other required landscaping per the Land Development Code. Fences, Walls and Screening. The applicant proposes to construct an eight (8) foot masonry fence along all property lines adjacent to the existing residential properties. This meets the minimum screening requirements of the Land Development Code. Lighting. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. This provision has been added to the draft ordinance. 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 City of Colleyville Page 5 Printed on 11/19/2009 Agenda Briefing Continued properties to the north and west are zoned ML-Light Manufacturing and CC-1-Village Commercial and are developed with offices, retail and warehouse facilities. The properties to the south are zoned PUDR-Planned Unit Development Residential and are developed as townhomes and single family residences. Properties to the east are zoned ML-Light Manufacturing and AG-Agriculture and are developed as warehouse and light manufacturing uses as well as a single family residence. Public Notification. Staff mailed notices to 52 adjacent property owners within 200 feet of the subject property regarding this request. Notice 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 Colleyville Page 6 Printed on 11/19/2009 Location and Zoning Map 11 f1 65a0 Pl1DC Y f+ 6408 :~~;' 6414 - ~1_ :.~. (, 64Da AG 81392 Sites AG 11 PUDC 612D R20 PUDR 1732 6125 691 T 831 ~3pD 63x8 G 6309 63x4 6305 8212 g 1 fi~30D 6301 622a 6219 6216 6216 621a ~ 6215 6272. 6211 62a$ 6212 zDD~ 2aa~ I 2DDT 2aa2 2DD3 2DO5 2DDD 2aD 2aD 1 ~€~ 8215 6211 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Boulevard Animal Hospital Pc 6413 Colle ville Blvd Colle ville TX 76034 006413 Colle ille Blvd Combined Enterprises 1802 Industrial Blvd Colleyville TX 76034 001800 Industrial Blvd Sparks Southwest Inc 1804 Industrial Blvd Colle ille TX 76034 001804 Industrial Blvd Geneva Realty Mana ement 1808 Industrial Blvd Colleyville TX 76034 001808 Industrial Blvd Dica Properties Ltd 1812 Industrial Blvd Colleyville TX 76034 001812 Industrial Blvd Ingram, Beverly 212 Stratford Ct Hurst TX 76054 006409 Colleyville Blvd Shafipour, Foad Mark 1009 Turnberry Ln Southlake TX 76092 006407 Colleyville Blvd Lam, Conner 1280 Post Oak Trl Southlake TX 76092 006312 Colleyville Blvd Luers, Dennis R 1419 Thistlewood Ln Grapevine TX 76051 001901 Industrial Blvd Land, Brad 813 Holly Ridge Ct Keller TX 76248 001813 Industrial Blvd Horn, Billy J 2604 Fm 514 Yantis TX 75497 001809 Industrial Blvd Tierney, Thomas A 1709 Industrial Blvd Colleyville TX 76034 001709 Industrial Blvd Yard Art Inc 3250 Story Rd W Ste 108 Irving TX 75038 006407 Colleyville Blvd # C Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville TX 76034 006306 Wyatt Dr Derrick Malone 6301 Colleyville Blvd. Colleyville TX 76034 006301 Colleyville Blvd teresa G & Delmer Spann 6301 Kingston Colleyville TX 76034 006301 Kingston Dr Vh Properties Lp 1616 Pecan Crossing Colleyville TX 76034 006312 Brazos Ct Vh Properties Lp 1616 Pea Colleyville TX 76034 006308 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 002041 Fountain Pass Dr Kac Colleyville Jv 4008 Cochran Heights Ct Dallas TX 75220 6255 Colleyville Blvd Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001619 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001617 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001621 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001625 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001629 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001633 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001637 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001641 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001721 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001725 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001729 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001733 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001737 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001841 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001845 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001741 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001821 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001825 Fountain Pass Dr Dreiling Realty Lfc 90 Casa Ln Colleyville TX 76034 001829 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001833 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001837 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001901 Fountain Pass Dr Bufe, Robert Etux Martha 1509 Tinker Rd Colleyville TX 76034 001509 Tinker Rd Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001905 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001909 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001913 Fountain Pass Dr Psj Properties P.O. Box 92481 Southlake TX 76092 006304 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001732 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001601 Pecan Crossing Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001534 Pecan Crossing Dr Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006225 Colleyville Blvd Colle ille Properties Llc 3145 Gea Blvd Ste 531 San Francisc CA 94118 006221 Colleyville Blvd Santos Martinez, applicant 900 Jackson #640 Dallas TX 75202 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley Statement of Planning Objectives Colleyville Boulevard, between Industrial Boulevard and Oak Point Drive The property owner seeks approval of a conceptual development plan for a new planned development district. The new district would incorporate an existing PUD-C and amend the commercial zoning along Colleyville Boulevard. The current uses and structures will remain on the property while detailed development plans are developed. Currently, most of the uses are operating on a one year lease while this project is under consideration. The proposed planned development district would allow retail and office uses along Colleyville Boulevard. These uses would be consistent with a CC-2 zoning district and limited to the area identified as phase I. A conceptual design of a two story 18,000 square feet of office and retail uses is proposed within this portion of the property. The remainder of phase I abuts an existing self-storage warehouse facility. This includes RV and Boat storage. This conceptual development would transition into this existing use with office warehouse and office uses. The conceptual plan would allow for two buildings at a maximum of 20,000 square feet each and one story in height. The owner has listed a transportation use to allow 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. Conceptual Site Plan '`*; Y` f, Z A ~~ C C6 m ~~ «....,..... .... . ... . ............ w~ ,~~, k to :.~~„ 0 ,ta.~ ~~:0 ~ '} -~ ~~ ~ !~ #__ p ~ ~~ ~~~ { rtOM f ~ 1 y ~l __ evai55~ ~ 6„4.3 .. ._ .~ _.~,... _ ...._. _...~_ ___~..~... ..__ ....w _. ~ i ~ [~ a 1 - M ! / ~ ~~. _ .: S ^~ } ~ ~ 4 Apo 0'1 ~ ~~ ~.._~__ ~.. p~ i e boi ~z ~i ~ ~ ~ ~ a _ ~ e ~ ~' ~ ~ I ~,, ~~~r .,~ '~,P, ~$ ~ ~~~ ~~~ ~~~ '~ ~~ ~~_~ ~~ , ~~ ~ ~~ ~~ ~~`'~~,~~ i ~~ \ ~~~ ~ \ ~' ~ ~ ~``~. 1f W 1 +~ ~' ~ __ + -~ ~' ~ _ ,.._._._.. _ ~ + 1 I ~~'~~ ~ ~ ~~~A>>O(3] cD ~ Building Elevations .. ,, _ ,~ _ ~. __ ' ~ _~~ ~ z 4 ~ Z l m ~ m M r is ;, a r ~ r r m ` m ~ .. nr " m m _ r ~ , ¢ - a z -ai __ p ®, O _ Z _.._. Z ~ _ _ a . a ~ ~ m ' ~- _ . - T r -~ p, ~ _-= ~ _ ~ a m ~ ~ ~, •; ~ ry ~ ,t, ~ ~ ,n ~ r ,,. . ~ -~ p _ - T ~.;:~~~ t ~ r ~ -..~. -= / _ _. , ; i m S _,~ C rrs i Rs a c~ _ ,. _ r ', m m I ORDINANCE 0-04-1484 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEWILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.28 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL AND CC1 VILLAGE RETAIL COMMERCIAL DISTRICTS TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Additional Self Storage, Ltd., on August 30, 2004, under Case No. Z-04-031, and WHEREAS, the City of 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 Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on the attached Exhibit "B", by changing the zoning of said property from the AG Agricultural and CC1 Village Retail districts to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for an office and a self storage facility as specifically stated in this ordinance. Ordinance 0-04-1484 Page 2 of 4 b. This property is subject to all the regulations contained in the 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 d 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. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. Ordinance 0-04-1484 Page 3 of 4 4. LANDSCAPING AND FENCING a. The developer shall construct a five (5)-foot wide landscaped greenbelt adjacent to the south property line. The greenbelt shall contain evergreen plant material, of five (5) gallon in size, planted on thirty-six (36) inch centers in accordance with Exhibit u^n. b. The developer shall construct an eight (8)-foot tall masonry fence adjacent to the south property line. The new fence shall match the existing fence. The fence shall be constructed up to the security gate entrance, as shown on Exhibit "C". 5. GENERAL DEVELOPMENT CRITERIA a. The regulations for the ML Light Manufacturing zoning district shall be applicable to this PUD-C, except where modified by the provisions of this ordinance. b. The thirty (30)-foot wide portion of the property shall be used only for driveway access, customer parking and asales-office building. This area shall not be used for the parking or storage of rental trucks, recreational vehicles or boat trailers. b. The location and width of all fire lanes shall be approved by the Fire Marshal. c. The exposed exterior walls of the office building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. The building design shall be generally consistent with the conceptual building elevations, attached as Exhibits "D1-D2". d. The outside storage area for recreational vehicles, boats and watercraft shall contain no more than forty (40) covered parking spaces. e. Not more than eight (8) trucks for rental shall be parked or stored on the property. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars {$2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance 0-04-1484 Page 4 of 4 Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. first reading and public hearing being conducted on the ~~ day of 2004. The second reading and public hearing being conducted on the ~'~ day of 2004. %l ATTEST: ' Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: "l^ Ro s T. Oster City Attorney O ~"oe Hocutt Mayor EXHIBIT A -ZONING MAP PU -C o-02-1 0-99-1157 o-oa1211 C 11 yv ii 0 ~ ao2-~ d ~a p r L ~o s O- 12 v~ EXHIBIT B -METES AND BOUNDS DESCRIPTION ADDRESS: 6405 Colleyvilk Boulevard, COLLEYVrf.iF Texas. 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, Texan, and being that same tract of land conveyed to R K Reynolds by deed recorded in Vohrme 643 S, Page 122, Deed Rxo~, Tarrant Cenmty, Texas, described by metes and bounds as follows: BEGINNING at a 1/2 inch steel rod for the northwest cornesr of said R. K Reynolds tract and being the northwest comer of Lot 1, Block 1, Tl1QKER CROSSING, an addition to the City of Colleyville, Tarrant County, Texas, es recorded in Cabinet B, Slide 1564, Plat Records, Tarrant County Texas; 'THENCE North 88 degrees 54 minutes 32 seconds Eeat,157.41 feet to a 518 inch steel rod found; THENCE North 88 degrees S7 minutes 00 seconds East, 127.41 feet along the common line with Lot R 14-1, Block 1, COLLEYVILLE INDUSTRIAL PARK, an addition to the City of Colleyville, according to the plat recorded is Volume 388-190, Page 14, Plat Rexroeda, Tarrant County, Torras, 124.71 foot to a 112 inch steel rod found; THENCE continuing along said Lot R-141, South 00 degrees 23 mimrtos 07 seconds East, 162.47 feet to a 1/2 inch steel rod set capped T. Vogt is the south lice of said A. J. LOTT SURVEY, THENCE along tlu south lino of said LOTT SURVEY, South 89 degrees 54 minutes S4 Seconds West, 293.14 feet to a 1/2 inch steel r+od set capped T. Vogt; THENCE North 03 degrees 37 minutes 13 seconds East, passing at 29.86 feet a 1/2 inch steel rod for the southeast comer of said Lot 1, Block 1, TIIJICER CROSSING, and continuing along the east line of said Lot 1, Block 1, for a total distance of 157.93 feet to the POINT OF BEGINNING and containing 1.056 scree of land more or less. LEGAL DESCRIP'ITON TRACT 2 (FROM CC I TO PUD-C) BEING a strip of land descnibed as s road in Deed recorded in Vohrme 6435, Page 122, Deed Records, Tarrant County, Tortes, described by motes and bounds es follows; BEGINNING at a 1/2 inch stool rod found for the southeast corner of Lot 1, Block 1, TIIVKER CROSSING, ea addition to rho City of Colkyville, Tarrant County, Texas, according to the Plat Recorded in Cabinet B, slide 1564, Plat Records, Tarrant County, Texas; THENCE South 03 deegroea 37 minutes 13 seconds Wert, 29.86 feet to a 1/2 inch steel rod set capped T. Vogt on the South lino of the A. J. Lott Survey, Abstract No. 963; THENCE South 89 degrexs S4 minutes 54 seconds West, along the South lice of said Survey, 347.32 feet to a 1/2 inch steel rod found in the Southeasterly line of State Highway No. 26; THENCE North 29 degrees 16 minutes 00 seconds East, with said highway, 31.60 foot to a S/8 inch steel rod found; THENCE North 89 degrees 31 minutes 43 seconds East, with the South line of said Lot 1, Block 1, TINKER CROSSING, 333.77 feet to the POINT OF BEGINNING end containing 0.2239 acres of land, more or loess. EXHIBIT C -CONCEPTUAL SITE PLAN 7.Jr"SL ~k~ ~~ ~'v:.N~~ ~ J`'. i ,, f ,~ v t rA ~, <i~ I I '~ ~ ~It ~ ~. ~~ .„; ~ :r ~.~ :I - . _ ._ ~ '' ' ~jr ~i i ~ ' . ~ aa O Z ~ 'a t ~ ., ' O _~ ._.._. ~ N W ~ ;' U ' i ~ . F i_ Z' j ~ ., : .. ~ .. .' ~ ~Q ~ I , W ~ ~ f , .; U '' N_ ~._.__.._. ,fir " '~ --~ ,~_y. Cr ~ ` t .r, .. I " S -- ` ~ .. . ~'~ 1 i~~ ii '~ '~l '!' T ~'7/~ ~~ ~ ~~ 1 t f ` ~ .. ~ ~ N. ` ~'• 1 {. JJ .'. ~} te=a... I V ~. L J •~~ `~•~ ~ / EXHIBIT D1 -CONCEPTUAL BUILDING ELEVATIONS ~.g'.. ~' , ~ ~ `~` i J ~ o ~ '- t Zj ~~ a z ~~~ % ~ o ~~ ~ ~~ :; J; w ~ g ` IS3 ~ ~ -. , ~U I :+ I 0 ~; 1 z.'. I Q 4 . ~ ~~ w it ~ LL~" ~ u. }. ~' ~, ~ + ~, ~~: ~~~ _ .__ a --- u }r ,~ ~' ~ ~ ~o t~Wu '~ v e ~ '~ ~ i ~i~n 7. LL l pp ~ U1 u ~ l) ;h ./ i ~} i(l1 1~ n ~~ ,, !0~ LLL ~ ~, S 1 7 §1d ~~ ~~ ~~~: M ~~ 1~ p3 ~# ~ _.. ~~ ,I ~~ li i~ EXHIBIT D2 -CONCEPTUAL BUILDING ELEVATIONS ORDINANCE 0-09-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCE 0-04-1484; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACTS 2B AND 2802, ABSTRACT 963 OF THE ABSALOM J. LOTT SURVEY AND LOT R-14-2, COLLEYVILLE INDUSTRIAL PARK ADDITION FROM THE ML-LIGHT MANUFACTURING DISTRICT, CC1-VILLAGE RETAIL DISTRICT AND THE PUDC- PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC- PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-010; and WHEREAS, Ordinance 0-04-1484 is hereby repealed in its entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Ordinance 0-09-xxxx Page 2 of 7 Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Tracts 2b and 2b02, Abstract 963 of the Absalom J. Lott survey and Lot R= 14-2, Colleyville Industrial Park Addition from the ML-Light Manufacturing District, CC1-Village Retail district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A" and "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinance 0-04-1484 is hereby repealed in its entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for retail, office and self-storage uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the conceptual site plan attached as Exhibit "C". Ordinance 0-09-xxxx Page 3 of 7 b. All subject properties that are not platted as of the passage of this ordinance shall be platted in accordance with provisions of this ordinance and the Land Development Code prior to the issuance of any building permit. 3. PERMITTED AND PROHIBITED USES The following land uses shall be permitted within this Planned Unit Development: 1. All uses permitted in the CC2-Shopping Center district 2. Auto, truck or trailer rental 3. Office showroom 4. Warehouse 5. Self-Storage facilities 6. Propane refilling station 7. Outside storage of recreational vehicles, boats and watercraft The permitted land uses shall be allowed on the subject properties per the use designations labeled on the buildings shown in Exhibit "C". 4. BUILDING LAYOUT AND USE SPECIFICATIONS a. The following new buildings shall be allowed as described below and depicted on Exhibit "C": Phase One Buildings Building One -Maximum Size: 18,000 square feet Permitted Uses: Retail and General Office Maximum Retail area: 9,000 square feet Maximum Office area: 9,000 square feet Maximum Height: Two story, 35 feet 2. Building Two -Maximum Size: 20,000 square feet Permitted Uses: Office Showroom, Warehouse Maximum Height: One story, 35 feet 3. Building Three -Maximum Size: 20,000 square feet Permitted Uses: Office Showroom, Warehouse Maximum Height: One story, 35 feet Ordinance 0-09-xxxx Page 4 of 7 Phase Two Building 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). 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 EXHIBIT "B"- Legal Description for Unplatted Properties (Insert Here) EXHIBIT "C"- Concecptual Site Plan D ~;~ 'a` IJ~~I~I i R §° : s ~3v r~ 1 re F . ~~~~`` iz ~i;' ~ f~,~ ~~ ~~~~ ~s ~: F ~~~ ~~~ ~o ~~~~ ~ ',n f° _, ~ ~~ Y1Y ;~~ ~I ~~) ~, `s'~ I ~ 1 4~~ I `~ ~.`,,. a ~ ~ '~ ~, 1 1~ ~~ ~ W ~ = t __ _. ~ _,p, ~°~~ m ~ I _ '~ ~_b t ~ +~ ~ f~! ~ j ~ I" ~~ ~ ' ~ ~~ " ~ ~ 1. ~. ~ g ~ 3 ~ ~ m m i ........... ,.; t 2 i ~d ~ ^~'_ t, ~€~ ~,t~~ fi<'~ i~"' !9~ ~"fib q4~~~ ~E'~ `. c~,~ ~ ~~ a t ~ ~. ~ ro ~ ~ ~ // ~ y ~ ~ ~ ~vtir ~ ...-.n:w.r.., .... y..n:........ ,w..wy .I ~• ~ ... _~. s.i ~.,. F ~;~ ~~ t E _ ~ [ ~€ @ 6 I ~~ t ~ ~~ ~„` ~ ~ Y _ ~ ~ ~ f ~ ~ ~ ~ F r ~~Ed ; ~ el ~ ~ I¢ " ~ ~ [ ~ ~ ~ ~~ _ ur Ab ~ ~ tl~~5~ 1°~i 7 ; f ' s EXHIBIT "D"- Building Elevations ~i II~~ ~~'~ ~ ~ biz i~ i~~ ~ ~,~.;~ ~_ ~~ I m ~~~: 'n ~~ A~ ~~~~ ~ ~~~~ t ILG/ --~ ~ City of Colleyville City Hal' 100 Main Street Colleyville, Texas 76034 ,k,°~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Tabled Version: 1 Requester: Community Development Department Agenda Date: 11/23/2009 Agenda No.: 9b 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 1 11/23/2009 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 Update The applicant has requested that this item remain tabled in order to provide the information requested at the November 9, 2009 Planning and Zoning Commission meeting for the next meeting to be held on Monday, December 14, 2009. 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. City of Colleyville Page 1 Printed on 11/19/2009 Agenda Briefing Continued 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 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 City of Colleyville Page 2 Printed on 11/19/2009 Agenda Briefing Continued 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. 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 (dB) 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 City of Colleyvil/e Page 3 Printed on 11/19/2009 Agenda Briefing Continued 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. 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 City of Colleyvil/e Page 4 Printed on 11/19/2009 Agenda Briefing Continued 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. 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 in the Clty of Colleyville. 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: City of Colleyville Page 5 Printed on 11/19/2009 Benda Briefing Continued 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. 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 this 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 City of Colleyville Page 6 Printed on 11/19/2009 Agenda Briefing Continued 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. (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 Co/leyvil/e Page 7 Printed on 11/19/2009 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 Kimberly 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 SQ 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: ZC09-011 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 #ZC09-011 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 6 only if 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 ; RECEIVE~3 Page 3 of 4 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 #ZC09-011 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) ~~~ ,.. ,~ ~, Address vy Y } Y Property Owner Signature(only if you print the form) ~~~ "`... `. `...., 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 #ZC09-011 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. ~j„~ r.1 X1..7 L • ~], ~2GnT" Name (printed) -7`~ Zo .J ~ *-~~S,Jt~T TfL . eo~.l ~ u-C-' i X 7k~o3~ Address ~ J .~''` Property Owner Signature(ondy 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 FiECEl~IE City of Colleyville 100 Main Street Colleyville, TX 76034 Re: ZC09-011 SUP far 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. lJ,ll~am ~ . ~.e C~raa~ ~ Name (printed} ~~~ ~a~~.t Tra ~'~ 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 We117612 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. ~n~r~ ~. ~.eC7rG,nd.._. Name (printed) op ~JGVY1d ~t ~Y. Address 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 4`h 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:\JOB\WFXG7600\PETRO\SUP\QUENICHET SUP_NOTES.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 Commission and .roads have been extended to the welt location, drilling can commence. The . , ,. drilling oi= each well will require approximately 420,000 gallons of water over a three (3) week. period. Once a wail 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 flow more easily from the rock into the well bore. Each fracture stimulation requires approximately 4.2 million galleons of water. Once the water is in place, the actual stimulation process wile! 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\WFXG76001PETR0\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 facility will be equipped with a remote foam line utilizing. a two and one-half (2.5) inch National Standard Hose 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 Nowell-heads, meters, storage tanks, separation facilities, or other pos# 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. Damege to public th©roughfares 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 fram 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'. Irrigation will be installed as necessary. All plant material will be kept in an attractive state and in good condition at ail times. G:\JOB\WFXG76001PETROISUP\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`h 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 l00 Main Street Colleyville, Texas 76034 RI/: ZC09-011 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, for 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. We asl~ 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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LLJ ii -~- ~ ~~ ~~,, ~ o~~ (// ~ -, i ~- - - ~ ~ N / ~ -- ~~ _ a < "~ 8 V w ~ ~ i~ ~~ ~ ~ ~~ i O~m ~~~ i ~~ Q~ r ~~ r >< ~~ _, ~a W - ~ _ ~. _ ~ ~ ~ _ _ ~~~\II 11 ~ ~ OAI~ ~ ~ ~ R iwv.z~ ~~< ~ ~~ ~ ; /~~11~ ~ e ~g z u_ ~~~.~.. n~ I I o Z J ~~ ~ '- V ~ ~ 3 L ~o I ~ , ~ i »„ ~ 1 _ ~I ~ ~~ _ -- ~ ~- -- ,_ ~ -_~ ~ ` _ -° g - T__-~~~- ~- ~-1 ~ - s ~~ o ~g ~~ ~ A ~g~ z i # ~ E ~ ~ ~ ~ ~~ ~~~ -~ 1" - - ~ ,>,, ~ --1 ~ ~~ - 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 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 -Zoning and Location Map ., ~ti ~4~ , .~ r ti f' `~ .r ~'' ire .' ~ k ~~ ~ r ~~ .',• ti ~s~~r> uy,rrr 1, ~ ~', ~~. V ~~4~. ~ r I~~" ~i;~ ~~~: ~r *± } ;~ + ti~~ ~ +~ 1i~7 ~ I~ ~ t Jr~ r ~ J 5 r - ~ ~ ~~ ~~- ~ ~ f . + ~ ~ - ~ L -~ 4" ~~ Ir. f. _ Exhibit B -Legal Description 1i1~.[!'vftkr'sl4c'r*.~~tz'.r:~~t+~7' ~;r ,;r .: ~°.^,r lta~F~:-~~uttirG_3r.:~k5~~ta~Es'^~ui111,c-e'"'? i l I - _~ -. .. . ; i'.--:r ~~?~•. t_~at~, i`i"~,G,~-,~.il:c, ~T~tr:.tt~: (.`c>i~nt:=,'1~ewa~, . „ ~~ ?,.r ... [~'~°e'.exl t~•° Jc+IU: 1'~ t~h~F~l„E`a~[ .~t:~i WSie { lh~ui t?; r .._ _. ~ ~ ~ '3. `Cr«:r~: ~.: an,~ ~ ,~n:£ i~~ `V~`utnc ~l`~~'. €'a~,,~' ~r~ `9 ~~v~Fi>. 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Exhibit C -Site Plan __ ~ d ~ ~ ~ e..., _ ~.y. ~ ~~0 ~ ~~: ~~ ~ A *2 ~ 9 ~ t ~: ~, .. __u., w z ~~ _ ~ ,i jCr~a q ~CG~ Lx. ~ ~ ~ ~ ~- ~,., 7 ... ~ ~ ~' ~ ~ ~ ~. t~ i r' .,~..> y ~ w ~ ~ "~ ts. y d f3c ~ a y J +~ ~S y~r }yi, r^ <: ' (~r~j~]. t 5~ f I; / r of t~~ I '~ '..a ;' ~ T, 'm ti' ... d ', 1 B ,.., ,~ ~ ]{y~y ~ . :.r"...:,...ey ~~ r- ~ R i ~~ ~ k . ;~ .r` E 3 ~ z ~ ~ ~ ~,~ ~; .,-~ ~ 1 ~ .,, ~ ~ ~ ~ 1 ~ \ ~~~ 7xg ~ Fn '' y ~^ } ' 1 s ~g ~ ~ ~ ~ ~~ ~ x I J / csY anx~s t ~~ :~ ~- ~~~ ~ i ~~ ~ GL ri's ~ i, __......~` ~ii Q Exhibit D -Landscape and Tree Preservation Plan a• ~ :$ ~ ~,~ ~~ .~~. ~ ~ r ~ ~ ~ ~ ~ ~ ~ g ~H~# c`" ~ v 4 ~ ~ ~~~ b ~~ ~x.i ~ x cs, ~ O' X ~ ; ~~ `7 ta s ~. z ~ ;. z ~ ~ ..,. ~ me ~ ~ ', ~ . ~. ~ t '. . ..._ . ._ :,W _ : w . . _...._.~ p R wW WY{Y3U ~` ' /~~' ~ * 1~. \ \ ~~ ~~ 7 j _ ~~ q '~S~ 7 4 ~ {{ y 1 1k _ ~ i ~~ j '::2. y ~~ 1 a j ~ 1, ~.. ~ # / , \ ~~ i . i a ~ ~ ) ~ I ,4 '. ~ _ f 3 ~ ',. ' f ~ ' ~ j 1 ,, ~ } I. ~ lAM OSiO vfFf1AJE flx M@1q ~.. _..._, ... ..~.,.: s 33! ? W ' { I V T Q ''. Exhibit E -Grading and Erosion Control Plan } ~ ~~ ~ ~ ~ „~ .( ky `~' ~ ~ 3 ~ ; Y 9 ~ ~I ~y ~`~" 'FA~.^7 ~ d ~ ~. t ~ ~ ~ ~ ~ G ,~ ~ ~ i G E-~ 11 £ ...~ ~_ ~ ,... ~ ~~ } ~~ 34 ~''~ ~I, ,. ,~_ q xlysy # 2 ,... u::... ,. \ ~ ~ . gg j~ yJ ~ ` S ` ~ ~ ~~ ~ .. 4 ,,. '~ ~ x usunt ~ ~. ~ ~41 \\ I6 Q # F ~~ ~~ ~.., ~~ ~ , '~/ ~4 ' ~ ~ ~ r ~ ~ '~ ~ 2 z ~: i ,j ~ ~ _ ~ .k ,t ~a m ~~ / ~ ~ ~ ' '~ ~~ ~ ~ ~~ ". j -. ~~ '. / ~' fir. ~3 '' , ' ~ 77 ~ ~~ \~ ~ I s P t ~~ ~ '! ~ R ~~ A ~ __m. ~.___.....~. _.__ cs. 3 ._._. .._ ,..... ..r., . ~ ,}~ } ~ r- ~ ~~ tt~ .a A ## ~t~ 0,,. ~~~y/" VS ~ "p~~ Y W.. ~+ ........ ..' ___.......... ........ ~ . __.........___ ~„i ~ iF