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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/24/2011City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colleyville. com ..~ ~~ `, ~ ~~ rr~~..: Meeting Agenda Monday, January 24, 2011 6:15 PM City Council Chambers Planning and Zonincl Commission ,,, ~„ City of Colleyville 100 Main Street --- ;,,,,_ Colleyville, Texas 76034 `~ ~`~ Meeting Agenda 817.503.1000 :,,,,, www.colleyville.com Planning and Zoning Commission Monday, January 24, 2011 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Knox 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES November 8, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 5, Block 3 of the Southgate Addition located at 3709 Wayne Drive; and approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2, Block 1 of the Covenant Christian Academy Addition and Lot 1 R of the City of Colleyville Page 1 Printed on 1/21/2011 Planning and Zoning Commission Meeting Agenda January 24, 2011 Colleyville Presbyterian Church Addition .located at 715 and 901 Cheek Sparger Road, Case ZC10-029 8. JOU NT h reb ertify the ve agenda was posted on the bulletin boards at City Hall on Fri ,January 7, 011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyvil/e Page 2 Printed on 1/21/2011 City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~.iE~' rya .r- __ -.., ,.r.,,,. .-......~ ~~'~~ ~~ ~ ~: _ ,~ r<.~ `,_ Minutes -Draft Monday, November 8, 2010 6:15 PM City Council Chambers Planning and Zonina Commission ",__ City of Colleyville City Hall < ~~ 100 Main Street `~~ M I n Ut@$ - ~ t'a f t Colleyville, Texas 76034 817. 503.1000 ~<,., www.colleyville.com Planning and Zoning Commission Monday, November 8, 2010 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 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 8, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff present: Marty Wieder, Jeremy Hutt, Ron Ruthven and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Davis. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the October 25, 2010 meeting minutes with the grammar corrections made in the pre-session. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 11/16/2010 Planning and Zoning Commission Minutes -Draft November 8, 2010 The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. SWEARING IN OF RE-APPOINTED MEMBERS Recording Secretary, Amy Shelley, administered the oath of office to the re-appointed Commissioners Phelps, Rotthaus and Byerly. 7. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of an amendment to the PUD development conditions for the Village Front Door Addition zoned PUDC-Planned Unit Development Commercial located at 5204 and 5232 Colleyville Boulevard, Case ZC 10-028 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if the requirement in the draft ordinance is for building c. Ron Ruthven replied correct. Commissioner Phelps questioned staff regarding the square footage of building c that would then become retail versus building d. Ron Ruthven explained the requirements for both buildings. Commissioner Phelps questioned staff regarding medical office is currently allowed, even within the second floor, however, the applicant wants to restrict it to the first floor. Ron Ruthven replied correct. Commissioner Rotthaus questioned staff regarding the total first floor square footage of both buildings. Ron Ruthven replied building d is 12,000 square feet and almost near completion and building c, the actual pad, is 6,900 square feet. Commissioner Byerly opened the public hearing at 7:15 p.m. Jimmy Archie, the applicant, 74 Casa Lane, Colleyville, came forward to present the case and brief the Commissioners. He further stated they have an occupant willing to lease this space. He stated they are not in favor of retail on the smaller property. Commissioner Phelps questioned Mr. Archie regarding if there is an anticipated use for building c. Mr. Archie replied it is a generic slab and further stated they have no particular uses. He stated the purpose of City of Colleyville Page 2 Printed on 11/16/2010 Planning and Zoning Commission Minutes -Draft November 8, 2010 this project is to help bring daytime traffic to the Village development. Commissioner Dudziak questioned Mr. Archie regarding if this will open up the need for more medical office uses for the Village. Mr. Archie replied not knowing at this time, however, he stated this occupant will bring in more daytime traffic for the Village. He stated the Village project is designed to bring in what the market predicts. Commissioner Dudziak questioned Mr. Archie regarding if he is seeing more office uses being submitted rather than retail uses. Mr. Archie replied no. He stated this is a positive thing for the Village project. Commissioner Davis questioned Mr. Archie regarding what type of traffic will this tenant bring into the Village? Mr. Archie replied the Village will be better exposed with this tenant. Dr. Bush, 5408 Colleyville Boulevard, one of the proposed tenants, came forward to present the request and brief the Commissioners regarding his office. Dr. Jane Ensey, 5408 Colleyville Boulevard, one of the proposed tenants, came forward to present the request and brief the Commissioners regarding the practice. The following individuals did not wish to speak but wished to record support of the proposed request: Michael Bell, Margaret Walter, DO; Marilyn Justice, MD and Lorrie Hayes, MD. There being no one else wishing to speak, the public hearing was closed at 7:35 p.m. Commissioner Wheelwirght questioned Dr. Bush regarding the hours of operation. Dr. Bush replied Monday through Friday, 7:30 a.m. to 5 p.m. Commissioner Phelps questioned Dr. Bush regarding if it is preferable that the practice be on one floor as opposed to two floors. Dr. Bush stated multi levels are extremely difficult. He further stated they prefer to have one floor. Commissioner Phelps questioned Dr. Bush regarding what other specialties might be considered. Dr. Bush replied adding a neurologist as well as other specialties that are not in the area. Commissioner Phelps questioned Dr. Bush regarding if those specialists would generate any other retail. Dr. Bush replied some do offer studies that would be ancillary that could provide some tax revenue. He further stated by expanding their services, they are expanding their patient City of Colleyville Page 3 Printed on 11/16/2010 Planning and Zoning Commission Minutes -Draft November 8, 2010 numbers that generate more traffic for other local businesses Commissioner Phelps questioned Dr. Bush regarding if there are any potential hazards with mixing this use with residential uses. Dr. Bush replied they will meet the health and safety requirements but further stated that their hours of operation will offset the foot traffic of the residents. Commissioner Byerly questioned Dr. Bush regarding how many employees will be working in the office? Dr. Bush replied currently 26 employees including physicians with the potential of 50 employees. Commissioner Rotthaus questioned Dr. Bush regarding if he could expand vertically if space is needed in this facility. Dr. Bush replied it being almost impossible to go vertical. He stated they would have to meet with the building developers if that were to happen. Commissioner Dudziak questioned Dr. Bush regarding why not locate inside the Village, like right in front of the library? Dr. Bush replied the parking within the Village would not be suitable for the practice. He further stated that not wanting to expand to the second story is more for patient convenience. Commissioner Dudziak questioned Dr. Bush regarding if there will be urgent care, maybe with Saturday and weekend hours. Dr. Bush replied not having urgent care now, but that they could adjust their hours to help with the patient's need, if they have a request for such care. Commissioner Rotthaus stated being familiar with visiting a facility with multiple floors. Commissioner Phelps questioned Dr. Bush regarding if imaging equipment will be present and what type of building code precautions will there be for those residents above the facility? Dr. Bush replied yes, there will be imaging equipment and the rooms are lead lined. Commissioner Phelps questioned Dr. Ensey regarding if there are any other precautions that need to be taken for the residents. Dr. Ensey replied that Baylor is very compliant with all regulations. She stated not seeing any issues with the facility being below residents. Dr. Ensey replied that exposure in the front of the Village is something they want and that if they are unable to get this facility, they will be seeking another facility, possibly in another city. She further stated that having multiple levels is not feasible with their practice. She stated they would have to install an elevator and would have to meet all of those regulations for patient care. City of Co/leyville Page 4 Printed on 11/16/2010 Planning and Zoning Commission Minutes -Draft November 8, 2010 Commissioner Phelps questioned Dr. Ensey regarding the number of patients seen each week. Dr. Ensey replied about 150 per day which is usually distributed all day. She stated the extended hours is to meet the needs of their patients, such as till 7 pm each night or Saturday morning appointments. Commissioner Phelps questioned Mr. Archie regarding the neighbors with this type of use and the traffic that it will generate. Mr. Archie stated the neighbors are in support of this request. Mr. Archie stated that another specialty may be able to operate on the second floor, but that most requests are to have one floor. Commissioner Wheelwright questioned Mr. Archie regarding if he is willing to change out the floor plan of the second floor. Mr. Archie replied they are close to opening the second floor for the condo units that are almost finished. He further stated that the future may predict a change but currently they will be opened as condo units. Commissioner Dudziak questioned Mr. Archie regarding if the tenants are willing to be at the back of the Village, that accommodations could be made for an elevator to be installed which would help the Village to succeed. Mr. Archie replied he would love to have Sigel's in the front and this facility in the back, however, this request is to lease this building in the front. Commissioner Dudziak stated retail has been discussed for the front in previous meetings and now office is being discussed for this building. He stated being frustrated that parking is again an issue for the Village. He questioned Mr. Archie regarding if there is going to be any parking accommodations made in the Village to help get a tenant such as these in the back? Mr. Archie replied he has made several requests to the city about getting help for parking plans but has not gotten any response from the city. He stated these tenants have requested this building. Commissioner Byerly questioned staff regarding what would retail space, of this size, generate in traffic per day. Ron Ruthven replied shopping center would be around 900 trips per day. Commissioner Phelps questioned staff regarding, in the previous application for the Sigel's request, what were the trips generated per day. Ron Ruthven replied and corrected the previous number to 578 trips per day based on the retail use and an additional 531 with the residential uses, which makes over 1,100 per day. Ron Ruthven further stated that medical office is very similar to retail based on actual trips per day. Commissioner Dudziak questioned staff regarding economic City of Colleyville Page 5 Printed on 11/16/2010 Planning and Zoning Commission Minutes -Draft November 8, 2010 development. Economic Development Director, Marty Wieder stated it is very important to have retail remain in place. He stated having another specialty use locate inside the Village will help with the traffic within the Village. Commissioner Dudziak questioned staff regarding if the opportunity is being lost with having an office use. Marty Wieder replied not having lost an opportunity and further discussed other potential businesses and economic development information. Commissioner Dudziak questioned staff regarding if parking in the Village is an issue. Marty Wieder replied not having heard that and further stated having talked with Mr. Archie about having employees in the Village use the parking spaces in the south parking lot areas. He stated having a lot of spaces available just maybe not right in front of the business. Commissioner Knox moved to approve case ZC10-028 with the conditions in the draft ordinance. Commissioner Rotthaus seconded. Commissioner Dudziak thanked the doctor's group for wanting to stay in Colleyville. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Davis, Rotthaus, Byerly Nay: 2 -Wheelwright, Phelps 9. ADJOURNMENT The meeting adjourned at 8:13 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 5, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 6 Printed on 11/16/2010 ~_ ~+ ~+ City Hall rte- ~ City ~f CO~~@~/V~~~@ 100 Main Street ~,~~~~"r' '' Colleyville, Texas 76034 '~°~~~~ ' Agenda Briefing $~7. so3.~o00 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 01/24/2011 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 5, Block 3 of the Southgate Addition located at 3709 Wayne Drive; and approval of an amendment to the PUDC-Planned Unit Develop Attachments: Location and Zoning Map Notification List Letter of Correspondence Statement of Planning Objectives Site Plan Previous Bleacher Details Current Side Bleacher Detail • Ordinance 0-09-1725 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/24/2011 Planning and Zoning Commission Title Approval of a request fora zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 5, Block 3 of the Southgate Addition located at 3709 Wayne Drive; and approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2, Block 1 of the Covenant Christian Academy Addition and Lot 1 R of the Colleyville Presbyterian Church Addition located at 715 and 901 Cheek Sparger Road, Case ZC10-029 Explanation Colleyville Covenant Christian Academy has submitted a request to amend the PUDC-Planned Unit Development Commercial for the Covenant Christian Academy located at 715 and 901 Cheek Sparger Road by amending certain development conditions and incorporating 1.2 acres located at 3709 Wayne Drive into the PUDC approved in 2009 by the City Council under Ordinance 0-09-1725. The property located at 3709 Wayne Drive is currently zoned R40-Single Family Residential zoning district In addition to the incorporation of 3709 Wayne Drive, the applicant is requesting the following amendments to Ordinance 0-09-1725: Section 5(8)c: Remove the landscape buffer and eight (8) foot fence screening requirements adjacent to 3709 Wayne Drive (Lot 5, Block 3, Southgate Addition) City of Colleyville Page 1 Printed on 1/21/2011 Aaenda Brief-ng Continued given the incorporation of this property into the PUDC. • Section 5(11)a: Replace the bleacher specifications found in Exhibit E with new specifications. The new specifications show bleachers with eight (8) rows of seating at a total vertical height of 13 feet from ground level whereas the current specifications show five (5) rows of seating at a total vertical height of 8 feet above ground level. Ordinance 0-09-1725 allows for a maximum seating capacity for 400 people. The applicant originally intended to place bleachers on both sides of the stadium at the current specifications required by Ordinance 0-09-1725 thereby allowing seating for 200 people on each side of the stadium. However, the applicant decided to locate the bleachers entirely on the east side of the stadium and essentially double their capacity such that all 400 people would be seated on one side of the stadium. Upon final inspection of the project, staff determined that the bleachers did not adhere to the requirements of Ordinance 0-09-1725. Staff also discovered that the home at 3709 Wayne Drive was being utilized as an office for the athletic operations of the school. Therefore, the applicant is requesting a PUD amendment in order to add these conditions. 3709 Wayne Drive. The applicant is requesting to utilize the existing home as an office without making any structural modifications to the building. They are also requesting that no additional parking be added to the property, that there be no additional platting requirements and that no screening and buffering be required adjacent to residential properties in Bedford. These stipulations have been added to the draft ordinance subject to the following requirements: use of the building shall be limited to only office uses directly related to school operations; the building shall meet all applicable building and fire code requirements; any additions to the building, modifications exceeding 20% of the current improvement value of the building, and/or the addition of any new structures to the property shall require the approval of an amendment to the PUDC conditions. Existing Conditions. The subject properties are currently platted as three lots. 715 and 901 Cheek Sparger are developed as Covenant Christian Academy and 3709 Wayne Drive is developed as a single family detached home. The portable buildings previously located at 715 Cheek Sparger Road have been removed. Existing PUD Requirements. Ordinance 0-09-1725 allows the use of a church and private school. Master Plan. The Future Land Use Plan designates 3709 Wayne Drive for single family uses. The request to incorporate this lot into the PUDC as part of the private school use is not consistent with the plan. Public Notification. Staff mailed notices to 22 adjacent property owners and a courtesy notice was sent to the City of Bedford regarding this request. Notice was published in the City of Colleyville Page 2 Printed on 1/21/2011 Agenda Briefing Continued Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of correspondence regarding this request. Summary. The applicant is requesting the PUDC amendments in order to complete the development authorized by Ordinance 0-09-1725. While the incorporation of 3709 Wayne Drive is not consistent with the The Future Land Use Plan, staff also recognizes that this lot is the only single family lot left on the west side of Wayne Drive and incorporation of this lot into the PUDC creates a flush land use along the entire western portion of Wayne Drive in Colleyville. The increase in height of the bleachers amounts to a difference of only five (5) feet above what was approved and the applicant has moved all bleachers away from the homes in Bedford along the western sideline thereby reducing the proximity of noise and spectators from the western property line of the development. Recommendation Approval with the conditions stated within the draft ordinance. City of Colleyville Page 3 Printed on 1/21/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Whiteley, Kenneth C Etux Fran 601 Summertree Ct Colleyville TX 76034 000601 Summertree Ct Ramse , Paul A Etux C nthia A 603 Summertree Ct Colle ille TX 76034 000603 Summertree Ct Heather Rid a Develo ment Llc 609 Cheek S ar er Rd Ste 100 Colle ille TX 76034 000609 Cheek S ar er Rd Read, Reginald III Etux Susan 7709 Davis Blvd North Richland Hills TX 76180 000611 Cheek Sparger Rd Presbyterian Church America 715 Cheek Sparger Rd Colleyville TX 76034 000715 Cheek Sparger Rd Copp, Michael K 803 Inwood Ln Colleyville TX 76034 000803 Inwood Ln Colle ilfe Cov Christian Aca 901 Cheek S ar er Rd Colle ille TX 76034 000901 Cheek S ar er Rd Ship , J D Jr Etux Sandra L 901 Inwood Ln Colleyville TX 76034 000901 Inwood Ln Jones, Grego G Etux Michelle 903 Inwood Ln Colleyville TX 76034 000903 Inwood Ln Kelly, Deborah R 905 Inwood Ln Colleyville TX 76034 000905 Inwood Ln Reid, Terry Bryant 907 Inwood Ln Colleyville TX 76034 000907 Inwood Ln Bell, Michael E Etux Ellen K 1001 Inwood Ln Colleyville TX 76034 001001 Inwood Ln Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003708 Wayne Dr Colle ille Covenant Christian 901 Cheek S ar er Rd Colleyville TX 76034 003709 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003716 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003808 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003816 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003908 Wayne Dr Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 003916 Wayne Dr Kirkland, Richard T 4000 Mockin bird Ln Colleyville TX 76034 004000 Mockin bird Ln Harrin ton, Paul F Etux Suzann 4000 Southwood W Colle ille TX 76034 004000 Southwood W Colby, Susan L 4001 Mockingbird Ln Colleyville TX 76034 004001 Mockingbird Ln Share, Sandrea Donna 4002 Southwood W Colleyville TX 76034 004002 Southwood W Saddlebrook H/0 Assoc Inc PO Box 382 Colleyville TX 76034 004003 Brown Tr Colon, Robert Etux Sarail 4004 Southwood W Colleyville TX 76034 004004 Southwood W Minin ,James Etux Linda 4006 Southwood W Colle ille TX 76034 004006 Southwood W Kevin Wolf, a licant P.O. Box 915 Colle ille TX 76034 a licant Public hearing notices were mailed by Amy Shelley on Monday, January 10, 2011. Amy Shelley Letter of Correspondence Subject: FW: Zoning case #ZCtO-029 Importance: High Prom: Sent: Friday, January 21, 2011 10:05 AM To: Amy Shelley Subject: Zoning case #ZC10-029 importance: High Hello Amy, Per our conversation on Wednesday, I am submitting documentation requesting that the Colleyville Planning and Zoning Commission and/or City Council carefully review this request in lieu of the concerns listed below. I own property located immediately behind the Covenant Christian Academy practice field, in the Camelot Estates subdivision of Bedford. This property is currently listed for sale and has been experiencing issues with feedback related to the expansion of the school behind the property line. We know the market for real estate has been slower lately, but other homes in this neighborhood which do not back up to this property have sold recently. Approximately half of the showings with my property have resulted in comments expressing concerns over not only what has been done to date surrounding the practice field, but what might be requested in future plans which are as yet not made public. The main issues are as follows: 1) The fencing that was installed along the western perimeter of the school property in the fall of 2009 is standing off the property line, and the areas between this fencing and the Camelot Estates property lines are not being maintained at all. The residents are concerned that this will become a breeding ground for vermin and mosquitoes. Raising this issue with the school and the .zoning office has yielded no action to date. In addition, the fencing material is not consistent, yielding a "patchwork" effect that is unsightly as visible from the west. 2) The school has installed both bleachers and a scoreboazd that are in violation of the previous approvals by the Colleyville City Council. The bleachers approved were to be five rows only, but the school determined that those bleachers could not be installed on the west side of the property and thus decided to install taller bleachers on the east side of the practice field without requesting amended approvals. This allowed the top three rows of those bleachers to view directly into the back windows of the properties located along my street. The school has since extended the height of this fencing in an attempt to correct the problem, but again, this is with "patchwork" material that is not consistent with the look of the remainder of the fence line. The scoreboard was never requested or approved at all, and the additional fencing has not blocked its view. 3) The school has previously requested lighting for this area, and although this request was removed in previous discussions, the property owners are concerned that that will attempt to reintroduce it, possibly along with a permanent speaker system to facilitate night games. There is no lighting or speaker system that would not cause major disruption in this area, considering the close proximity of the residential homes to the school property. To illustrate: a) The school conducts a relay race each fall where a temporary speaker system is installed, and I had the misfortune of working from home during one of these events. With all windows and doors closed, all of the walls in the house were vibrating, and the event was so loud that the persons on my conference calls could clearly hear every word the speaker was saying across the school's outdoor speakers. b) My mother happens to live between one-quarter and one-half mile from a school in Central Texas (clearly further than our neighborhood is from Covenant), and even though their field's lighting is not directed towazd their property, the reflected light shines so brightly in their master bathroom that they do not have to turn on the lights in that room. Given these examples, it is clear that both speakers and lighting would constitute both noise and light pollution to the adjacent residential azeas. 4) My property is currently listed at a price that follows market range for comparable properties in the area, and again, comparable homes in the neighborhood have sold recently at this pricing. However, according to my realtor, if this kind of issue continues and we are losing sales to other properties that do not have these concerns, then we could fmd ourselves in a position where we would have to consider lowering the price below mazket value. This will not only devalue the property in question, but it will also devalue the other properties in the area. Considering the image that Colleyville and Covenant Christian Academy are endeavoring to project, taking actions that devalue the areas surrounding the school seems counterproductive. The residents of my subdivision are greatly distressed that not only has the school moved forward with plans that are not approved in any respect, but also that there has apparently been no action taken to hold them accountable. We are wondering why we go through these discussions year after year, for weeks on end, for plans to be approved that aze not only discarded by the school, but where the existing laws are not enforced. This is unfortunately leaving a very poor impression with Bedford citizens, which I am quite sure is not reflective of the image that the City of Colleyville seeks to promote. All the residents of Bedford are asking is that the Colleyville Planning and Zoning Commission and City Council work toward a solution that will allow for the needs of the school without doing so at the expense of the surrounding neighborhoods. We only want our property lines and rights respected and actions taken that will not devalue our properties. Your attention to these issues will be greatly appreciated. Thank you, Amelia A. Ford 3825 Fox Hollow Drive Bedford, TX 7b021 Statement of Planning Objectives ATTACHMENT TO AMEND CURRENT PUD-C ZONING APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA _ COLLEYVILLE, TEXAS STATEMENT OF PLANNING OBJECTIVES Covenant Christian Academy is a highly respected educational institute serving students in and around Colleyville since 1979. The objectives and requirements outline within the current PUD-C, such as the removal of all portable buildings, construction of new facilities, parking areas, and meeting traffic requirements, have all been completed and fulfilled. The objective of this PUD-C amendment is to: (1) add Lot 5, Block 3, Southgate Addition, an individual residential lot (1.1675 acres) at 3709 Wayne Drive, that is currently zoned for R-40 use, and is now owned by CCA, to the adjoining property of CCA that is currently zoned PUD-C, and (2) make limited adjustments to the site plan in the existing PUD-C, such as amending the existing PUD-C site plan requirements for landscape buffer and fence adjacent to Lot 5, Block 3, Southgate Addition and (3) the location and dimension requirements for the athletic field spectator bleachers be replaced with the new exhibit. The property within the PUD-C, as amended, the existing structures on the subject property will be used by CCA for the school's educational operations, administration, athletics, offices and /or storage. Upon grant of the zoning change and amended request herein, it is anticipated that CCA will be permitted to defer the re-platting of Lot 5, Block 3, Southgate Addition until such time as construction for such capital improvements on Lot 5, Block 3, Southgate Addition is scheduled to take place. This zoning change is requested because the City's zoning ordinance does not permit the use of Lot 5, Block 3, Southgate Addition for educational purposes or the construction of educational facilities on Lot 5, Block 3, Southgate Addition without approval of the amended PUD-C zoning requested herein. The current PUD-C zoning ordinance was approved before Lot 5, Block 3, Southgate Addition was acquired by CCA, but its acquisition has been sought by CCA for quite some time to be added to the existing PUD- C site plan. The requested change is therefore consistent with the existing PUD-C zoning on the adjacent property of CCA that is currently being used by CCA for school and educational purposes. Conversion of Lot 5, Block 3, Southgate Addition from residential zoning to its proposed educational use is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City of Colleyville. RECEIVED JE~ 01 701J Per ............ ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE I Site Plan ~~ +~~ ~~~ ~ ~ ~.~ > ~ ~s~±~ ~ i -- ..1 ~~~~~~ ~ ~~~~ - '' r s~ { I I I I I hdgyqy e p(~ s-> ~~~,~ -' ~~~~~ ~~~ ~i ~~~~~ " ~~~rl!~ s s~~i i ~.. __ ~ ~1~ ~~j(`~ {; .~ ._..... ., 1 NS "1~ ~~~g~ .~~ ~~s~~~ ~~ ~ ~' I ,k f ~ h QeI0103Y iKl .A1MJ -~--. _~ ~. y._ ~ . ' , ;, .,_ _ .. ~ ~ `~ ~ ~~. ~.,, tt ++ `:d ~, s W -C ~ ~ ~ ~ Q'd0?I 2[~~iiVdS 7C33H~ 2 a _ _-~~ -- __..w _ ._ _ _ _ ~ I -w ~_ j f ~. J ~!~...~.,. ~ W ~ ~~g O J ~ O S~ g ~~~~ w ~~~~ ~ (z7 a~~~z~y A. Hpp ~t 7Ogg V }V~ Q ,Oo V~a tS~i~g3~ Q x o w ~ 00 Y ~~~{ x Z ~~~~ ~~~~~~ ~ MM 8] yCQ Yw O ~. Y1 i J ~~~a~, i G ~ e sa°s3 ~ ~ Q J 33r3 F e x~~~~~~ N ~~~~d~a b IF Previous Bleacher Details Y-If~ __. ~Fy ~~ ~~ ~~i M eF~~4 .. ~ ~£= 7G YFF~ ~ ~ ~~C~ 7 1 ~ ~ '~ ~ ~ Olyi a ,l ~® 4 ~ ~ F d ~ ~ r-Y ~, ». M ~ ~. G~~ !j~ ~Fa x~ ~j CC NN^W y 4 j 4 #~ `~ ran a ~g n Y r D n I-n ~v v~ rn n ~_ n O ~~w' Y I __.~ ~a` F Q ~~~ ~~_ Y ~~~ ~~ ~~' . a ~~E.: .Q.:, ,~~ ~~j ~ ~~~ r ,^~~. W___._..-_~._~:~...~[I1'1`~Rt $iti~~'~f~'d~1'f~T'~CT~d~I-".~`__._____.__._.__._~.____.~---_ -_ ~Mn~°wawsmrww+s° r~rto ~x wu wxu'auvrnr qww pMOYglrlO eMwr•oMS0I100 '~MY711WIPIISi'wo°MMOwg4 ruamn°•rawn•n••i4.0 Xl--~ ~.- u~.7rsonssnrNOnu•• w uwrawarexwmr • ~ ° ° 0 YU&I!~'JI ~A6N'i~A ~'i aruuYUrow LlMl[pr•rl D ~ 01 091VA373.0-.afi 1(MOMB ~~~ - 11Y1m M V1ba~Y.Anwa'w'WCr~ 1 i IWED 1 7Q1J za~o ORDINANCE 0-09-1725 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1139 AND O- 06-1602; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 17.7 ACRES ON LOT 1 AND 2, BLOCK 1, COLLEYVILLE PRESBYTERIAN CHURCH ADDITION, AND LOTS 1, 2, 3 AND 4, BLOCK 3, SOUTHGATE ADDITION FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00} FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-004; and WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and ,~ Ordinance 0-09-1725 Page 2 of 7 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a ful! and fair hearing to ail the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 17.7 acres on Lots 1 and 2, Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition from the R40- single family residential zoning district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for church and private school uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-09-1725 Page 3 of 7 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES 1. The following land uses shall be permitted within the Planned Unit Development: 2. Church 3. Private elementary, secondary and high school not to exceed 750 students total. 4. Recreational and athletic uses incidental and accessory to the uses listed above. 4. BUILDINGS AND SITE PLAN APPROVAL a. The following buildings shall be allowed as described below and depicted on Exhibit "B": 1. Secondary School 2. Administration 3. Administration 4. Grade School 5. Athletic Field 6. Library 7. Multi-purpose 9. High School 46,000 square feet maximum (existing) 6,000 square feet maximum (existing) 6,000 square feet maximum (phase 1) 22,000 square feet maximum (phase 1) Seating for 400 people maximum (phase 1) 6,000 square feet maximum (phase 2) 19,200 square feet maximum (phase 2) 48,000 square feet maximum (phase 3) b. Prior to construction, the high school shown above, described as phase three construction, shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Ordinance 0-09-1725 Page 4 of 7 c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "D". 5. PORTABLE STRUCTURES a. All existing portable classroom structures on the subject properties shall be removed prior to the issuance of the certificate of occupancy for the buildings described as phase one construction in the Statement of Planning Objectives attached as Exhibit "C". If no building permit has been issued for said buildings as of September 1, 2010, all portable buildings shall be removed from the property no later than September 30, 2010. 6. PARKING a. Prior to the completion of phase one construction, there shall, at a minimum, be enough on-site, off-street parking spaces provided to accommodate the maximum enrollment of 750 students. b. In order to ensure adequate parking is provided at all times, no athletic events involving competition with another school may occur during normal school hours. c. All off-street parking required as part of this development shall meet the requirements of the Land Development Code, except where amended herein. 7. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. b. There shall be no permanent lighting nor shall there be any. nighttime illumination of any kind for the athletic field. 8 LANDSCAPING. BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 60 percent of open space. Ordinance 0-09-1725 Page 5 of 7 b. Prior to the issuance of the certificate of occupancy for each building, there shall be a minimum of one three (3) inch caliper tree planted per each 40 feet of frontage and one five (5) gallon shrub planted per each five (5) feet of frontage along Wayne Drive and Cheek Sparger Road. The species and planting specifications shall adhere to the requirements of the Land Development Code. c. A 20 foot landscape buffer shall be maintained along the western boundary of the development and along the boundary of Lot 5, Block 3, Southgate Addition. Additionally, the landscape buffers shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings shall be required in the buffer along the western property line prior to the completion of the athletic held and only adjacent to the stadium and any other existing buildings. The buffer along the boundary of Lot 5, Block 3, Southgate Addition shall be planted prior to the completion of the phase one construction. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Cheek Sparger Road prior to the issuance of the certificate of occupancy for the high school (phase four). b. A minimum five (5) foot sidewalk shall be constructed along Wayne Drive prior to the issuance of any certificate of occupancy. 10. FENCES AND SCREENING a. A minimum eight (8) foot wood fence with masonry columns placed every 20 feet shall be constructed along the western boundary of the development adjacent to Lots 19 through 26, Camelot Estates Addition located in the City of Bedford and along Lot 5, Block 3, Southgate Addition in Colleyville prior to the issuance of any certificate of occupancy. 11.OTHER a. The bleachers for the athletic field shall meet the design and specifications shown in Exhibit "E". b. A traffic impact analysis (TIA) shall be required prior to the issuance of a building permit for any permanent structure. At a minimum, the TIA shall include the following: Ordinance 0-09-1725 Page 6 of 7 (1) A revised analysis of traffic impact change in overall traffic movement increase in enrollment of students; on Cheek Sparger Road due to in the area and with potential (2) Evaluation of the north/south traffic flow during peak and non-peak periods on Wayne Drive; (3) The impact of vehicles turning onto Wayne Drive from new development during peak and non-peak periods; (4) An analysis of minimum and optimum requirements for additional turn lanes on Cheek Sparger and Wayne Drive; (5) An analysis of minimum hard surface shoulder construction needs for vehicle drop off and pick up areas; (6) An analysis of the development impact upon the intersection of Wayne Drive and Cheek Sparger Road; (7) A site plan of the development that includes all surrounding public streets depicting any improvements and recommendations required as part of the TIA. The TIA shall be submitted to the City Council for review and approval of both the TIA and the required improvements (both on-site and off- site) shown necessary by the TIA. No building permit shall be issued for any permanent structure allowed by this ordinance until the required improvements recommended by the TIA are made by the applicant and approved by the City. c. In lieu of improvements to Wayne Drive required as part of the proposed development, the applicant shall pay into escrow a perimeter street fee to be determined by the City Engineer prior to the filing of the replat for the property. d. Beginning at the westernmost corner of Lot 1R, Block 1, Colleyville Presbyterian Church Addition, where it is adjacent to Cheek Sparger Road thence commencing approximately 500 feet eastward along the south side of Cheek Sparger Road to the edge of the existing driveway approach there shall be installed a 15 foot wide all-weather surface shoulder, approved and inspected by the Public Works Director prior to the issuance of the certificate of occupancy for phase one construction. Ordinance 0-09-1725 Page 7 of 7 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in .the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7 ~ day of ,t,.c._Q ~a ~- 2009. The s and reading and public hearing being conducted on the /~ day of 2009. ATTEST: CITY OF COLLEYVILLE ton TRMC CMC - Jon A ers Cynthia Single r.- Y `~ `n.. M,~` Maro~a~~ City Secretary Mayor Pro Tem APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map ig'~ g1ii9 ~~~~ ~~~ r yR €~ ~~ ~~ s ~ ~~~~~ a ~~ ~~~ g ~ ] Y y~ 'a ~~~~ ~ FV 7 Ye Z ~~® 0 ~~~5~~ R~~~~~ \ °~'~ P g''aA` 4~~~. a~ ~~§~~ I~~~g ~~~~ ~~ ~~~ ~~~~~ ~~'R y ~~~°~ .• ~~~~~ ~~~~~ EXHIBIT "B"-Site Plan EXHIBIT "C"-Statement of Planning Objectives ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN AMERICA - COLLEYVILLE, TEXAfi The property for which this proposed zoning is to occur is located at the southwest corner of Gheek Sparger Road and Wayne Drive. The overall 17.6734 acre piece of property is comprised of numerous individual lots zoned for both PUD-C and R-40 uses (see attached legal description). It is the intent of this zoning application to redact the current zoning far the properly and rezone the property into one zoning classification (PUD-C) to be used primarily for church and educational use as described below: PERMITTED USES 1. Church and other uses associated with churches, such as worship activities, Sunday School, and church related educational purposes. 2. Private primary and secondary school purposes. 3. Recreational and athletic purposes associated with uses 1. and 2. above. 4. Any combination of the permitted uses and any accessory uses incidental and secondary to the allowed principal uses. STATEMENT OF PLANNING OBJECTIVES Covenant Christian Academy is a highly respected educational institute serving students in and around Colleyville since 1979. The objective of this PUD-C request is to move forward improving the Physical Plant so as to better serve the students and faculty within our school with improvements in our academic, athletic and recreational facilities. Grade school classrooms are planned with the appropriate recreational areas appropriate to grade levels. Athletic field improvements are also included to promote on campus training, practice and game facilities for our school teams as weA as outreach opportunities for serving assorted local clubs and associations. Athletic field shall be lighted for nightthue use. Finally, a future high school building and an enclosed multi- purpose facility is planned as part of our long-term goals. Upon grant of the zoning change requested herein, it is anticipated that the main Property Ownexs (Covenant Christian Academy - "CCA") will immediately move forward with a replat request (the replat may proceed concurrent with zoning request). The existing pUD-C required the removal of the portable classroom buildings and the construction of permanent structures to house the students within a certain time&ame. Two of the portable buildings have already been removed in accordance with cumnt PUD requirements. This request will incorporate that condition into our PUD-C. Construction of the three (3) grade school buildings will begin almost immediately (Phase 1). 'These initial improvements will provide classroom and administration space necessary to eliminate the existing portable classroom buildings. While those portable buildings are not on CCA-owned property and are located outside of the area of our PUD-C request, the removal of those buildings is herein represented as a condition of our request. All portable buildmgs are to be removed upon issuance of the certificate of occupancy of Phase 1 Construction or .approximately September, 2010. PAGE 1 ATTACIIIdENT TO PUD-C ZANING CHANGE APPLICATION EXHIBIT "C"- Statement of Planning Objectives Continued Realize that the proposed development of this property is planned to provide an improved learning atmosphere for the existing student base including a library, computer lab, dedicated-art studio, music room, and science lab. The development is not intended to acxommodate an influx of additional students in excess of the current enrollment. Student enrollment has fluctuated between 500 to just under 600 over the last seven years. A student enrollment of 600 is the design population for which this PUD-C has been designed for. Presbyterian Church in America - Colleyville, Texas ("Colleyville Presbyterian's was the entity that started CCA. The school became independent of the church in 1999. CCA has bees in operation for many years and has been a good neighbor and citizen in the City of Colleyville. Numerous residents of the community have contributed vast amounts of time and monetary resources to further this private school. CCA owns the majority of the property along thc west side of Wayne Drive with the exception of Lots 1 and Lot 5 (Southgate Addition, Block 3). Lot 1 is currently under contract to CCA and is a part of this PUD. The original 10 acre portion of CCA property was purchased with the anticipation of the construction of school facilities on the Property. This caning change is necessitated as a result of the City's zoning ordinance which does not allow additional construction of educational facilities on the CCA property without approving a new PD Development. The City's zoning ordinance was instituted just after the original property was purchased. The use of the Property has long been planned and has been existent for a number of years. The requested change is therefore consistent with the existing use of the Property. Conversion of the existing Property, of CCA into its proposed use is logical and does not take other commercial property of the City out of use for retail and other higher commercial uses as desired by the City of Colleyville. City of Bedford residential neighborhoods are located to the west and south of this development. The athletic field and treed area on the southern portion of the property (trees to remain) serve as a buffer to these residential areas and are certainly compatible with adjoining uses. The existing athletic field will remain in approximately the same locaflon, thus having little additional effect on the neighbors in Bedford. These same areas will also easily satisfy any requirements for open space with might be associated with this zoning request, The area east of Wayne Drive, across the street from this Property, is comprised of vacant land zoned for Agricultural use and two remaining residential homes (zoned R-40). The Saddlebrook Subdivision is located north of this property across Cheek Sparger Road (zoned PUD-R). Prior zoning changts (P1JD's) on this property attempted to satisfy CCA requirements, but contained numerous concessions requested by adjoining property owners. Since the most recent PUD-C, CCA has acquired additional Properties along Wayne Drive, thus eliminating all but one of the prior adjacent property owners. This PUD-C addresses the rezoning of the recently acquired and original CCA and Colleyville Presbyterian property as well as those that are to be acquired (Lot ~). DEVELOPMENT SCHEDULE ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 2 EXHIBIT "C"- Statement of Planning Objectives Continued The stages and phases of development are planned as follows: Phase 1 - Grade School Construction (begin immediately and finish is approximately 15 months) Phase 2 - Multi-Purpose Facility Construction (no completion date established) Phase 3 - Athletic Field and Stadium (no completion date established) Phase 4 - High School (no completion date established) * Realize that much of the timing of construction will be dependent on fund raising activities. The Applicant requests that no specific deadlines or time frames be associated with this Development Schedule. STATEMENT OF PROPOSED OWNERSHIP The ownership of the Property will not change other than the fact that Lot 1 is expected to be acquired by CCA contingent upon zoning approval. STATEMENT OF UTILIT'IES/INFRASTRUCTURE TO BE PROVIDED All major utilities, water, sewer and drainage are either already on or immediately adjacent to .all of the Property. The attached preliminary engineering drawings detail the proposed water, sewer and drainage infrastructure that will be constructed to accommodate the proposed development of this property. Required easements for all utilities around and on the Site either already exist or will be provided by Plat or separate instrument as necessary. Regarding roadway infrastructure, CCA intends to improve Wayne Drive for its entire length of frontage. The existing asphalt roadway will be widened from the centerline to the west to form'/s of the required 31' B-B City Street Section. `In other words, CCA will build a 15.5' street section along its side of the existing Wayne Drive. A 4' sidewalk will be constructed along the west right-of--way of Wayne Drive for its entire length along the CCA frontage. CCA would also entertain entering into aCity-Developer Agreement to reconstruct Wayne Drive along the entire school frontage from its existing state to a full width 36' B-B street section to allow on-street parking. CCA would be willing to contribute the funds for 15.5' width of the roadway while the City pick up the cost for the remaining 20.5' width. Recent improvements to Cheek Sparger Road have already been made by CCA as required by the earlier PUD-C. IMPACT FEES: Granting of this request will not introduce additional students to this location. 'Ihe classrooms in Phase 1 will replace the existing classrooms currently located in the Portable Buildings. No net increase in impact will be felt from these improvements as we ATTACHMENE' TO PUD-C ZONING CHANGE APPLICATION PAGE 3 EXHIBIT "C"- Statement of Planning Objectives Continued are simply relocating existing students into the new, larger classroom and appropriate educational spaces. ay this application we are requesting following consideration and adjustment on the applicable impact fees: 1) Roadway Impact and Perimeter Street Fces: Full impact fee credit allowed for the amount of road way improvement both to Wayne Drive as illustrated in this request as well as the previous substantial improvements along Chceksparger Drive. We request that the required street and sidewalk construction be limited to what is shown on our Site/Concept Flan and related engineering plans. 2) Parkland Dedication Fees: We understand that Parkland Dedication Fees da not apply to this development. 3) Water and Sanitary Sewer (Builder) Impact Fees: Full impact fee credit shall be allowed for the installation of the new 8" water line along the full length of property along Wayne Drive. This water line is replacing an existing 2" water line. Again, the impact from the introduction of these new classroom buildings wlll be totally offset by the elimination of the impact now present with the portable classroom buildings to be removed from site. 4) Tree Mitigation Fees: Full tree mitigation fee credit shall be allowed mainly due to the effort taken to preserve the majority of the existing trees located at the southwest corner of the property. Over 9t)% of the existing trees on the overall property are to be retained. This instrument is attached to an incorporated into the caning application signed by the Property Owners and their representative. ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 4 EXHIBIT "D"- Building Elevations EXHIBIT "E"- Bleacher Details Bleacher Details ORDINANCE 0-11-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND AMENDING ORDINANCE 0-09-1725 BY CHANGING THE ZONING ON 1.1 ACRES ON LOT 5, BLOCK 3, SOUTHGATE ADDITION FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT CREATED BY ORDINANCE 0-09-1725, AND; AMENDING ORDINANCE 0-09-1725 CONDITIONS; 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 0-09-1725 on August 18, 2009, to establish zoning for a church and private school on approximately 17.7 acres located at 715 and 901 Cheek Sparger Road; and WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC10-029; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-11-XXXX Page 2 of 4 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map and amending Ordinance 0-09-1725 by changing the zoning on 1.1 acres on Lot 5, Block 3, Southgate Addition from the R40-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district created by Ordinance 0-09-1725, and; amending Ordinance 0-09-1725 conditions, 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 the above described tract of land shall be subject to the following conditions: 1. GENERAL a. In addition to the conditions stated below, the purpose of this PUDR amendment is to incorporate Lot 5, Block 3, Southgate Addition into the PUDC zoning district created by Ordinance 0-09-1725 as depicted in Exhibit "B". b. Ordinance 0-09-1725, Section 5(8)c requiring a landscape buffer and eight (8) foot screening fence adjacent to 3709 Wayne Drive (Lot 5, Block 3, Southgate Addition) is hereby repealed. c. Ordinance 0-09-1725, Section 5(11)a: is hereby amended by Ordinance 0-11-XXXX Page 3 of 4 replacing the bleacher exhibit with the attached Exhibit "C", of which specifications shall be met. d. No bleachers may be located on the western side of the stadium as shown in Exhibit "B". e. The use of the building existing on Lot 5, Block 3, Southgate Addition as of the passage of this ordinance shall be limited to only office uses directly related to school operations; the building shall meet all applicable building and fire code requirements; any additions to the building or modifications exceeding 20% of the current improvement value of the building, and/or the addition of any new structures to the property shall require the approval of an amendment to this ordinance. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 9. THAT Ordinance 0-09-1725 remains 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 2011. The second reading and public hearing being conducted on the day of 2011. Ordinance 0-11-XXXX Page 4 of 4 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"-Site Plan ~~~~~~ ~ ~~ s~~~ ~~~ ~~:~~ ~ ` ~ ~Y ~. 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