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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/28/2011City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com t --"** j ~,~ ~~~~~~~Cj r,•r~w, Meeting Agenda Monday, November 28, 2011 6:15 PM City Council Chambers Planning and Zoning Commission City Hall ~~~~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 ~~~~-~~~Y'"~ Meeting Agenda 817.503.1000 www.colleyville.com ~.,~:, Planning and Zoning Commission Monday, November 28, 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 14, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a request for a final plat for Whittier Heights, Phase II Addition located in the 400 block of McDonwell School Road and Providence Road, Case PC11-011 7b Approval of a request for a minor plat of 2.9 acres on Tract 2V of Abstract 1248 of the T.J. Polson Survey located at 509 Black Drive, City of Colleyville Page 1 Printed on 11/20/2011 Planning and Zoning Commission Meeting Agenda November 28, 2011 Case PC11-012 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a replat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC11-010 8b Approval of a request to rezone 0.6 acres from CC1-Village Retail to R20-Single Family Residential on Tract 1 C03, Abstract 936 of the M. Looney Survey located at 5313 Pleasant Run Road, Case ZC11-024 8c Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard, Case ZC11-025 9. CONTINUED PUBLIC HEARING AGENDA ITEM 9a Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 10. A~JOURI~'MENT _ I hereb certify the ab a agenda was posted on the bulletin boards at City Hall on Tues ay, November 22, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 11/20/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~ _. cE; -~~~~ Minutes -Draft Monday, November 14, 2011 6:15 PM City Council Chambers Planning and Zoning Commission _` City of Colleyville ,~ , ~~,~~ ~~ Minutes -Draft Tk ..~. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 14, 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 Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Jeremy Hutt, Rob McKeown, Marty Wieder and Amy Shelley 2. ROLL CALL 3. INVOCATION The invocation was given by Commissioner Rotthaus. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the October 24, 2011 meeting minutes with grammar corrections. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly City of Colleyville Page 1 Printed on 11/20/2011 Planning and Zoning Commission Minutes -Draft November 14, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a request for a minor plat on 5.0 acres on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case PC 11-013 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if there were any amendments prior to this request that would have to be included in this approval. Ron Ruthven replied no. Commissioner Rotthaus moved to approve case PC11-013. Commissioner Davis seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. PUBLIC HEARING AGENDA ITEMS ga Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 The applicant for this item asked that this item be continued to the next Planning and Zoning Commission. Commissioner Byerly opened the public hearing at 7:10 p.m. There being no one wishing to speak, the public hearing was closed at 7:10 p.m. Commissioner Byerly moved to continue this item to the November 28, 2011 Planning and Zoning Commission meeting. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly gp Approval of a request for a Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales - off-premise consumption on Lot 1 R, Block 1 of the Davidson Addition located at City of Colleyville Page 2 Printed on 11/20/2011 Planning and Zoning Commission Minutes -Draft November 14, 2011 3900 Colleyville Boulevard, Case ZC11-022 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Rotthaus questioned staff regarding if the sale of diesel will have a different impact on the proposed ordinance rather than just the sale of gasoline. Ron Ruthven replied no. Commissioner Davis questioned staff regarding if the building design score should be required to meet a 30 since amendments to Chapter 6 - Building Design would require a 30. Ron Ruthven replied that the actual proposed ordinance shows a design score of 28, however, the base design score will be required to be 30. The current zoning district for this request requires a design score of 20 and the applicant is proposing a 28. Commissioner Davis questioned staff if the Commission could require the applicant to meet a design score of 30. Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding if the monument signs will be close to the exits. Ron Ruthven replied yes however it does not show the actual dimensions from the driveway. Ron Ruthven further explained that the monument signs will have to comply with the distance requirements to the visibility triangle as outlined in Chapter 7 - Sign Regulations. Commissioner Knox questioned staff regarding the sign placement. Ron Ruthven explained that the sign exhibits provided are conceptual however, the applicant will be required to receive permits for the proposed signs which will have to meet the minimum sign requirements. Commissioner Byerly opened the public hearing at 7:19 p.m. Michael Montgomery, the applicant and representative for Verdad Real Estate, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Montgomery regarding if he would have an issue with meeting the design score of 30. Mr. Montgomery replied that would be very achievable and they would have no issues with meeting that requirement. Commissioner Dudziak questioned Mr. Montgomery regarding if there are any other examples of how 7-Eleven may have used different materials around the gasoline pump canopies. Mr. Montgomery replied that there have been times where the tri-stripe has been eliminated or changed. He stated those are possibilities however the tri-stripe is a recognizable feature for 7-Eleven. City of Colleyville Page 3 Printed on ~ v[uiwn Planning and Zoning Commission Minutes -Draft November 14, 2011 Commissioner Dudziak stated that the tri-striping is currently being proposed on the building as well. Mr. Montgomery replied that this is a typical layout for signage. Commissioner Dudziak questioned Mr. Montgomery regarding if the tri-striping will be highly visible and if the canopy area is lit. He further questioned the height of the canopy. Mr. Montgomery replied that the canopy is 14' 6" and the proposed canopy thickness is 3 feet. He stated the awning sign, over the main entrance will be visible from the street. Commissioner Knox questioned Mr. Montgomery regarding how tall an actual dumpster is. Mr. Montgomery replied not knowing. Commissioner Knox stated being concerned that the dumpster enclosing may not cover the actual height of a dumpster especially if the dumpster becomes full. Commissioner Knox questioned Mr. Montgomery regarding if it would be possible to make the dumpster enclosure area 8 feet tall. Mr. Montgomery replied they could do that and it would be a masonry enclosure. Ron Ruthven explained that there are various dumpster sizes with IESI (City of Colleyville trash provider). Commissioner Knox stated that it would be nice if the dumpster is consistent with the height of the monument signs. Mr. Montgomery replied that being a reasonable request. Commissioner Wheelwright questioned Mr. Montgomery regarding if there are different types of stores and if they are adjusted for the different types of cities? Mr. Montgomery replied that there are prototypical stores, usually two different sizes. He stated the one being proposed is the smaller of the two because of the lot size. Commissioner Wheelwright questioned Mr. Montgomery regarding if this store is more than an average store. Mr. Montgomery replied that the proposed store is way more than the average store. Larae Tucker, representative of Harrison French and Associates, Ltd., came forward and presented the case and briefed the Commissioners with regard to signs and design scores. Commissioner Dudziak questioned Ms. Tucker regarding if the monument signs can be updated to match the City's monument signs. Ms. Tucker replied that if there is a particular element that the City would like for them to use, then they can consider it. She further explained that all of the structures will match the masonry brick elements in the main structure with a lighter, tan color trim. Commissioner Dudziak questioned Ms. Tucker regarding if the lower City of Colleyville Page 4 rnnrea on - iicvi~~ Planning and Zoning Commission Minutes -Draft November 14, 2011 portion of the main building is brick or stone. Mr. Montgomery replied that it is a basic CMU (cement block) and the decision had not been made whether or not it would be chisel or basic. He stated that the bottom portion is supposed to be a contrasting color. He further stated that synthetic stucco would be used as welt. Commissioner Dudziak questioned Mr. Montgomery regarding if it would a brick structure. Mr. Montgomery replied that it is a solid brick structure but that the lighter tan color wrapping the top of the building area is synthetic stucco. Commissioner Dudziak stated it would be nice to have some stone type element on the lower portion of the building. He stated that since this is one of the first buildings before coming into Colteyville, it would be nice if the building looked good. Mr. Montgomery stated that if there is a type of stone that is acceptable by the City, then they will definitely consider using it. Commissioner Dudziak questioned Ms. Tucker regarding if there were any other ideas about the tri-striping, is there something else that can be done? Ms. Tucker replied that there have been times when some of the striping can be taken down. Mr. Montgomery suggested that they could tone down the striping a little if that would make it more appealing. Commissioner Davis stated that the tri-striping is a part of 7-Eleven's branding. Mr. Montgomery concurred and stated that there may be some resistance from Corporate regarding the request. Commissioner Dudziak stated he is making suggestions with regards to signage. He stated the signs are on the building, the canopy and the monument signs. Commissioner Dudziak questioned Mr. Montgomery if the canopies are lighted? Mr. Montgomery replied no. Commissioner Phelps questioned Mr. Montgomery regarding the traffic. Mr. Montgomery referred those questions to Walter Ragsdale regarding traffic. Commissioner Phelps questioned Mr. Ragsdale regarding traffic flow, what are some of the thoughts regarding the driveway placements. Mr. Ragsdale explained all of the traffic configurations and stated that the driveway placements work well to accommodate the traffic expected for this use. Commissioner Phelps questioned Mr. Ragsdale regarding if there are any restrictions on any of the driveways, right in right out, left in left out, City of Colteyville Page 5 Printed on 11/20/2011 Planning and Zoning Commission Minutes -Draft November 14, 2011 etc? Mr. Ragsdale explained that the restrictions are natural, no extra signage is necessary. Commissioner Dudziak questioned Mr. Ragsdale regarding if there is a need for cross access with the neighboring properties. Mr. Ragsdale replied that there are no agreements in place and that since there is a grade differential, he stated not seeing any be necessary, although they would be nice to have but not necessary. There being no one wishing to speak, the public hearing was closed at 7:38 p.m. Commissioner Dudziak questioned staff regarding if there are any requirements to using stone on the bottom half of the proposed building. Ron Ruthven replied that at this time, the materials being used are allowed. He stated with the amendments being considered to building design, there are architectural elements that will be required, other than a smooth, flat stone. He stated that the Commission can make conditions to the proposed ordinance. He further stated that the synthetic stone is not looked at as an allowable material, however the current regulations only require 75 percent masonry and the other 25 percent could by synthetic which the proposed building would meet that requirement. Commissioner Davis questioned staff regarding if CMU finishes are allowed as a rough finish? Ron Ruthven replied yes and that the new Fossil Creek Spirits on Precinct Line Road is using this CMU with split face finish as a material. Commissioner Byerly questioned staff regarding the amendments to the color palette and how it relates to this request on the canopy. Ron Ruthven stated that the proposed colors that are being added to the building design standards would prohibit any fluorescent colors; however, a definition for fluorescent has not been addressed. He further stated that the proposed colors for 7-Eleven, in his opinion, are not fluorescent. Commissioner Dudziak moved to approve case ZC11-022 with the addition of the building meeting a design score of 30 and the use of cut stone on the base of the building and the actual base of the column supports of the canopy structure and that the dumpster enclosure area is at least 8 feet in height. Commissioner Knox seconded. Commissioner Phelps stated he did not agree with the cut stone requirement since it is not a requirement of the code. He stated a stone City of Colleyville Page 6 Printed on 11/20/2011 Planning and Zoning Commission Minutes -Draft November 14, 2011 look is acceptable. Commissioner Davis concurred with Commissioner Phelps especially since nothing in the code requires it. Commissioner Byerly concurred as well. Commissioner Dudziak stated that it's the Commissioners responsibility to ask. Commissioner Knox stated he did not want to see a plain, CMU block on the bottom band of the building. He stated if there is some CMU with intercool color in it would be better with a split face. He stated it will not look good in a few years if the block is left raw. Commissioner Phelps stated he did not object to language that would require a stone look but not that it have to be actual cut stone. Commissioner Davis stated a cut stone look would be nice. The motion to approve failed by the following vote: Aye: 2 -Knox, Dudziak Nay: 5 -Wheelwright, Davis, Rotthaus, Phelps, Byerly Commissioner Davis moved to approve case ZC11-022 with the requirements that the building design score be a 30; that the dumpster enclosure be a minimum 8 feet in height and that a textured stone like appearing CMU be used on the bottom band of the building. Commissioner Phelps seconded. Commissioner Knox stated he would like that the bottom of the building have intercool color in it. Commissioner Davis and Commissioner Phelps accepted the friendly amendment. The motion carried by the following vote: Aye: 6 -Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Nay: 1 -Dudziak 9. ADJOURNMENT The meeting adjourned at 7:51 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 11, 2011 by 5:00 p.m. City of Colleyville Page 7 Printed on 11/20/2011 Planning and Zoning Commission Minutes -Draft November 14, 2011 Amy Shelley, Community Development Coordinator City of Colleyville Page 8 Printed on 11/ZOizv77 t ,~~r __~,` City Hall ,,~ City of Colleyville 100 Main Street Colleyville, Texas 76034 „ ~:- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 11/28/2011 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a final plat for Whittier Heights, Phase II Addition located in the 400 block of McDonwell School Road and Providence Road, Case PC11-011 Attachments: Location and Zoning Map Aerial Plat Exhibit Ordinance 0-03-1394 History of Legislative File Version: Date: Acting Body: Action Text: 1 11/28/2011 Planning and Zoning Commission Title Approval of a request for a final plat for Whittier Heights, Phase II Addition located in the 400 block of McDonwell School Road and Providence Road, Case PC11-011 Explanation Toll Brothers, represented by Kevin Kessler, is the developer of 4.1 acres located at 404 McDonwell School Road. The developer has submitted a final plat, which will subdivide the property into six residential lots and two open space lots, for the construction of single family residential detached dwelling units. The following is an analysis of the issues associated with this plat. Zoning. A rezoning request for PUD-R-Planned Unit Development Residential zoning district was approved on March 18, 2003 under Ordinance 0-03-1394 which includes the following stipulations: Permitted land uses: single family dwelling units, open space and al! uses in the AG-Agricultural zoning district until a final plat is approved on the property. Densi 1.8 dwelling units per acre to be calculated with the combined acreage of the Westcliff Phase One and Two, and Old Grove subdivisions. City of Colleyville Page 1 Printed on 11/22/2011 Agenda Briefing Continued Lot Dimension and Setback Requirements: Minimum Lot Size: Average Lot Size: Minimum Lot Width: Minimum Lot Depth: *Front Setback: *Side Setback: *Rear Setback: *Maximum Lot Coverage: 13,000 square feet 16,000 square feet 80 feet 140 feet 30 feet 10 feet 25 feet 50 percent * Minimum Land Development Code requirements for PUDR developments Current Conditions. The subject property contained a tree nursery and barn which were recently demolished. The property is now vacant. Open Space. The PUDR ordinance for the property requires a minimum of 20 percent of open space over the combined acreage of the Westcliff Phase One and Two, Old Grove subdivisions. The open space areas, denoted on the plat as public use areas, include one pond with a meandering trail system that circumnavigates the water feature. All open spaces will be landscaped and maintained by the homeowner's association. Platting Conditions. A final plat was previously approved for the subject property on December 16, 2003 by the City Council. The plat was submitted by the original developer, David Bagwell, but was never filed with the Tarrant County Clerk. Chapter 8-Plat Review Procedures in the Land Development Code requires a preliminary plat submittal for any subdivision that contains more than four lots. However, Ordinance 0-03-1394 waives this requirement by authorizing the conceptual site plan, Exhibit "C", to be considered the preliminary plat. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. However, Section 2(4)a of Ordinance 0-03-1394 waives all sidewalk construction requirements along Providence Road where the proposed lots would have frontage. There is an existing ten (10) foot trail along McDonwell School Road adjacent to the proposed subdivision. Drainage. All stormwater runoff must meet the minimum requirements of the Land Development Code and Ordinance 0-03-1394. Parkland Dedication Fees. Parkland dedication fees are required, in the amount of $1,802.00 per residential lot, for the six lots where new homes are proposed. Parkland dedication fees must be paid before the plat is recorded with the Tarrant County Clerk's office. City of Colleyville Page 2 Printed on 11/22/2011 A enda Briefin Continued Summary. The proposed development satisfies the requirements of the PUDR ordinance and the Land Development Code. Since the plat contains more than four lots, this final plat will require additional approval by City Council. Recommendation Approval City of Colleyville Page 3 Printed on 11/22/2011 Location and Zoning Map . . -, _ A ~~~,,,,.,,,. _:,~ ,~ 517 c.,3 >~ 5CG ~~° 19Cv W1 to- ~~ ~ l34 428 471 alt ate 1"s »~ n s ton m5. mt . - ; - Ica ~~ :,~ r~4 Ytl9 ai8 ~'G8 Myt 2PJ tQl 1LL. 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BEDDO SURVEY, ABSTRACT 232, FROM THE AG AGRICULTURAL 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 for a zoning change was filed by Broadland Limited Partnership for Linda and Frank Baker on January 20, 2003, under Case No. Z-03-004; 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 by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", 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. PERMITTED USES The PUD-R shall have three (3) land uses as indicated on the Zoning Exhibit: Ordinance 0-03-1394 Page 2 of 5 a. Single family dwelling units b. Open space c. All uses permitted under AG Agricultural zoning shall be allowed on the property until such time as a final plat is approved for the property. 2. PLATTING AND PHASING a. The conceptual site plan, attached as Exhibit "C" shall be considered the preliminary plat. When presented, a final plat generally consistent with Exhibit "C" shall be approved, provided that it meets the requirements of the .Land Development Code that were in effect at the time of approval hereof and have not been modified herein. In the event of conflict between the Special Conditions of this PUD-R zoning and the Colleyville Land Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat, except that there may be no more than eight (8) lots, the width of lots may not be less than eighty feet (80') at the front building line, the average lot depth of all lots shall not be less than 140 feet, all lots shall face to the west or northwest, and the north-south dimension of the open space that parallels McDonwell School Road (the trail right-of-way) shall not be less than twenty feet (20'). b. This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. 3. DENSITY The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. 4. STREETS AND SIDEWALKS a. No sidewalks shall be required for lots within this development, except as provided below. b. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five foot (5') wide sidewalk parallel to McDonwell School Road extending the width of Westcliff Phase II from east to west. The owner of the Ordinance 0-03-1394 Page 3 of 5 most southern lot in Westcliff Phase II shall build said sidewalk to the extent practical without any curve within the trail right-of- way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land development Code as of the date of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects (or will connect) at each end to a trail of the same width and otherwise complies with the specifications for concrete trails in the Colleyville Pathways Plan as of the date of approval hereof. 5. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. d. Lot-to-lot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e., drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. e. Drainage from portions of the development is permitted to sheet flow from west to east onto City property. 6. WATER AND SANITARY SEWER a. No water or sewer extensions are required to be made to adjacent property. b. If sanitary sewer installation to serve the development is necessary across City property, the City shall cooperate in all Ordinance 0-03-1394 Page 4 of 5 regards, provided that no less than twenty feet (20') of the drive surface of any street or driveway pavement shall be left passable at all times during sanitary sewer construction. 7. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Land Development Code, except where amended by this ordinance, including all exhibits hereto. b. The minimum lot size shall be 13,000 square feet. The average lot size of all residential lots shall not be less than 16,000 square feet over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. c. Open space, including any trail rights-of-way, shall not be less than twenty percent (20%) over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. 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. 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 2003. The second reading and public hearing being conducted on the /~~ day of 2003. Ordinance 0-03-1394 Page 5 of 5 ATTEST: ~ ~®~~~ J'7~.Li~. `~ Cynthia Singleton, TRMC City Secretary AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE: D nna Arp Mayor Ros§ T.~Foster City Attorney EXHIBIT A -ZONING MAP _____-- -_._ ~ -i I ~-'"FREE AG I ~ '~ ~-_, . , l _ r ( I- '`~ ~ -•-~ i i ,__J ~ S J _ ~~ ~_ i cW°~y :E .~_~ ~ i i ._... ~'. - ` _. J MUSTA 0 Y PL ~ i-1~ -4v -i- _.._L~ =-- _ ~ --_ ~~ ~T ~_~va~ -2 o-sa-too ate ~ EXHIBIT B -METES AND BOUNDS DESCRIPTION BEING a 3.561 acre tract of land in the D.J. Beddo Survey, Abstract No. 232, situated in the City of Colleyville, Tarrant County, Texas and being that tract conveyed to Linda S. Baker and Husband, Frank D. Baker, by deed recorded in Volume 12408 Page 1954 of the Deed Records of Tarrant County, Texas (DRTCT) and a portion of that tract conveyed to Broadland Limited Partnership by deed, and being more particularly described as follows: BEGINNING at a 1-inch iron pin found at the southeast corner of said Baker tract, said iron pin also being on the north right-of-way line of McDonwell School Road (variable width right-of-way); THENCE North 89 degrees 31 minutes 39 seconds West along the said north right-of- way line of McDonwell School Road, a distance of 230.85 feet to a'/Z-inch iron pin found, said iron pin also being the southwest corner of said Baker tract; THENCE North 00 degrees 28 minutes 21 seconds East a distance of 522.41 feet to a '/z-inch iron pin found, said iron pin being the northwest corner of said Baker tract, said iron pin also being on the south line of said Broadland Limited Partnership tract; THENCE North 89 degrees 55 minutes 29 seconds East along the north line of said Baker tract and the south line of said Broadland Limited Partnership tract, a distance of 10.59 feet to a'/-inch iron pin found, said iron pin also being the Point of Curvature of a non=tangent circular curve to the right having a radius of 260.00 feet, a central angle of 29 degrees 03 minutes 21 seconds and being subtended by a chord which bears North 31 degrees 24 minutes 27 seconds East 130.44 feet; THENCE northerly and northeasterly along said curve to the right a distance of 131.85 feet to a '/z-inch iron rod found; THENCE North 45 degrees 56 minutes 07 seconds East tangent to said curve, a distance of 93.54 feet to a '/z-inch iron pin found, said iron pin also being the Point of Curvature of a circular curve to the left having a radius of 340.00 feet, a central angle of 28 degrees 22 minutes 48 seconds and being subtended by a chord which bears North 31 degrees 44 minutes 43 seconds East 166.69 feet; THENCE northeasterly and northerly along said curve to the left a distance of 168.41 feet to a '/z-inch iron pin found, said iron pin being on the east line of said Broadland Limited Partnership tract; THENCE South 00 degrees 28 minutes 21 seconds West along the east line of said Broadland Limited Partnership tract and the east line of said Baker tract, a distance of 842.48 feet to the Point of Beginning and containing 155,113 square feet or 3.561 acres of land, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN City Hall "`= ~ • ~ City of Colleyville 100 Main Street ,,`~~~~: Colleyville, Texas 76034 ;.-.~~ Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 11/28/2011 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a minor plat of 2.9 acres on Tract 2V of Abstract 1248 of the T.J. Polson Survey located at 509 Black Drive, Case PC11-012 Attachments: Location and Zoning Map Aerial Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 11/28/2011 Planning and Zoning Commission Title Approval of a request for a minor plat of 2.9 acres on Tract 2V of Abstract 1248 of the T.J. Polson Survey located at 509 Black Drive, Case PC11-012 Explanation Sam Noel submitted a request for approval of a minor plat fora 2.8 acre tract of land located at 509 Black Drive for one residential lot. Existing Conditions. This property is currently developed with a single family structure. The property is zoned R40-Single Family Residential and meets the minimum lot requirements of the R40 zoning district. The applicant is platting the property in order to build a new single family structure. Surrounding Zoning. The property to the north is zoned R40-Single Family Residential and is developed as residential. The property to the south is zoned R40-Single Family Residential and CC1-Village Retail and contains residential uses and vacant property. The property to the east is zoned CC1-Village Retail and is developed as retail and light commercial uses. The property to the west is zoned R40-Single Family Residential and is undeveloped and vacant. Parkland Dedication Fees. Per the requirements of the Land Development Code, parkland dedication fees are not required for this property becuase a single family hoem currently exists on the property. City of Colleyville Page 1 Printed on 11/22/2011 Agenda Briefing Continued Perimeter Street Improvement Requirements. Per the requirements of the Land Development Code, perimeter street improvement fees are not required becuase a single family hoem currently exists on the property. Sidewalks. The Colleyville Pathways Plan requires a four (4) foot wide sidewalk to be constructed along Black Drive. The applicant will be responsible for the installation of the sidewalk when any new structures are built on the property. Tree Preservation. Trees not located within the building footprint must be preserved during any construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the 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 11/22/2011 Location and Zoning Map Aerial Plat Exhibit ~ I dg BsgR~ ~ $ ~ ~Ip~~~l~ ~~~ 5g ~ c p~~b ~~~ s ~~ a ~~ ~~s y~$~~ ~ ~k ~~@ et~~434! a:~ ~°~ ~~~b~ag ~8 ae S8 9~ ~ g A$^ `~ E a ~~~ b ~~ ~ 6$9 b E g gab ~' e ~~ ~~@ ` K €~ 8 ~ lR~~~~~e ~@@~R ~ ~~'~ b a i~~ ~8 ~4 s s eysy~yy ~9€€a!~ ~ 9b ~~y' ~~~~8g~'S`~ Ia¢~~E ~e~T~~$~a~yC~B ~ ~°4 b ~py 9g X c ~3F ~p~~~ @ @~ @~ ~q ba@R'~ @¢ •~ ~~~ ~~8b}h~ @~y 5 ~~p'~ ° ~ ~~ yl3g$~6~ ~b~ ~~aqq~e a~A~ A~~ 0~~~~~gb ~"~~ a ~~eyy~ is ~p5 ~ i I ~i I ~ i i~~ a y~ p~ ~ Qg ~ g¢ ~ ~ bR 6E5 ~e g~ ~y d o '6 g ~a ~F( ~gpk ~9~ ~i~~~ ~~~I ~~~ ~~8~~~~ W9~bP~ ~ 8~~~ ~° ~g~~ b s~@ ~ ~ ~:p~af E5 ~ ~ ~ ~~Z ~tl ` ~"E~F~~V gayat g Y @: 9g ~ HY FSy ~ ~6{ ~ $E1 ~Y ~q g S 8 i ~ p¢g bg{ ! ~~~ 1~~~~~4~° .~n S~,~b~ ~~~~~€~~~ ~$$~~`THg~~p ~~e3 ~ @Qe~ ~ ' c ~ :~ ~.~ &EE3~4~~~8k 9 tb. HEa~x~p~a9~8~a~s~ig b^8 ~ S'g~Y €. !~ ~ x ~ [tl 8~ ~~pqb~~ pp~ ~.~ g'G g R p. !b~ a gtl_ggg& ~~ ~ ~~~ ~ ~ '~ ~ ~ ~ @p pt a ~ bi P ~~a ~~§ ~~I~~ ~I` !:~ ~~~ ~~a11@ag ~ a, ~~ ~' gs ~ F ~ ~ 3 ~ ~ ~ ~ 6 ~ $~ "~~ z3p Y@p{ ~ ~ b ens ~;~b~e ~bs ~ s +6 as ~ ~ ~~ ~ 8 ~'@ x ~ ~ g ~ ~ ~ 8b 8~~$10f8 +~ r~ ~~ ~~~ n~{~~~~I~~la1~l~+~~~1~~~6~~~1~ ~~~,~~~~§~~~i ~ ~ ~ ~~~~ I i ~ ~ ~ ~ ~'~~ ~ ~ ~ ~ ~ b~~ QT~O?I QlIO,~StVV}IB •., ~ asai ao sa os I € i i ~ yy k I i g ~~~ b ~ ~ ~i ~Y° ~ a ~" ~ b i s r e ~~ ~ e @b ~ FUU ~~ O O o g ~ ~ y~N ~ Q tt R V I E O b a$ h I 8 R ,~ ~ b g ,~, ~ gig ~ F€ i ~ Y:, J~ ~ryb i ; E n ~ ~= h s ¢ ~o? =o' v~ ~~ s o`~43 ~ Q ,~ ~ ~• q~' R' i ~lR~~ ke~ ~ ~ ~q~~ oo'oiz ioo.cz.~od ~ QE68 I _______________m~vun •r' qq gg ------{- ------------------- ~Nal~ie o~ ~ ml z i2 YI _ 8 $~ ~~ ~~ d x 8 0 %• w n ~ g• '~~a ~~ ~~ ~~~n~ 1 ~ ~ • W a~ ~ zx8 Z~ N d ~g I $~~3 ~~~$ a~s~e~o~ _ 3 ~, ~ ^ ~ ~ 'N ~r City of Colleyville 100 Mltain Street ~~,.. ~ Colleyville, Texas 76034 ~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Agenda Date: 11/28/2011 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a replat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC11-010 Attachments: Location and Zoning Map Notification List Buffer Map Letter of Opposition Plat Exhibit Aerial Exhibit Provided by Applicant Preliminary Plat for the Reserve Ordinance 0-99-1153 History of Legislative File Version: Date: Acting Body: Action Text: 1 11/28/2011 Planning and Zoning Commission Title Approval of a request for a replat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC11-010 Explanation Toll Brothers, represented by Kevin Kessler, is requesting a replat of Lots 19, 20 and 21, Block A in Phase One of the Whittier Heights Addition, located at 6820, 6900 and 6904 Whittier Lane respectively. The replat would have the effect of eliminating one of the lots while dedicating a new street section for Riverpath. The purpose of the replat is to extend Riverpath into the adjacent Reserve at Colleyville Addition creating a new access point between the two developments, which are both under the control of Toll Brothers. Street Dedication and Connection. The proposed dedication and extension of Riverpath extends to the western boundary of the Whittier Heights Addition. The street will then continue into the Reserve at Colleyville Addition where it will connect to Murphy Road. The developer plans to dedicate the roadway section in The Reserve by separate instrument prior to filing the proposed replat. The recording instrument document number will be required to be noted on the proposed replat and the replat may not be filed with the Tarrant County Clerk until staff has received an official copy of the recording instrument document. This will allow the street to be constructed in both subdivisions simultaneously with no possibility of a stub street, which is forbidden by the Land Development Code. Construction may not commence until the plat and corresponding instrument are filed with the Tarrant County Clerk. The developer will construct the streets along with all ancillary infrastructure at their expense. City of Colleyville Page 1 Printed on wzu~uT ~ Agenda Briefing Continued Properties adjacent to the portion of the new street constructed in the Reserve at Colleyville may not be developed with any new structures until a final plat showing the phase two lot layouts for the Reserve is approved by the Planning and Zoning Commission and the City Council. Street Design. Design of the new streets shall comply with Section 1(4) of PUDR Ordinance 0-99-1153 in addition to the minimum requirements of Chapter 9-Subdivision Design and Chapter 14-Engineering Design Standards in the Land Development Code where there are no conflicts. It should be noted that Ordinance 0-99-1153 waives compliance with most of the City's street design standards in the aforementioned chapters of the Land Development Code. All Ordinance 0-99-1153, Section 1(4) requirements are follows: "4. STREETS AND SIDEWALKS a. No street intersection shall be allowed on McDonwell School Road which aligns with the McDonwell School Road/Remington Parkway intersection. Street intersections along McDonwell School Road shall maintain a minimum of 300 feet separation between centerlines. b. Sidewalks shall be required for all lots within this development, except no sidewalks shall be required in rights-of-way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. Sidewalks in rights-of-way adjacent to each lot frontage or side-yard shall be constructed by the lot owner no later than the date of occupancy of the home on the lot. c. Street rights-of-way shall be a minimum width of 50 feet, except for single loaded streets which may have a 40 foot right-of-way width with a 5 foot utility easement abutting the unloaded side of the street. d. All streets in this PUD shall be thirty-one feet (31 ') wide and be constructed of five inch (5"), 3,000 p.s.i. concrete. e. The City's street design standards (tangency between curves, radius requirements, etc.) shall be waived, except that a minimum radius shall not be less than twenty-five feet (25')." Other Zoning Requirements. PUDR Ordinance 0-99-1153 was approved by the City Council on April 20, 1999 and governs the land use and development requirements of both the Reserve at Colleyville and Whittier Heights additions. The proposed Lots 19R and 20R, Block A comply with the minimum lot and setback requirements of Ordinance 0-99-1153 and the Land Development Code. Ordinance 0-99-1153 contains no conceptual site plan. As such, there is no conformance requirement for lots or local streets in the developments to adhere to any specific plan. Public Notification. Staff mailed notices to 14 property owners within 200 feet of the request within the original subdivision. Notice was published in the Fort Worth City of Colleyville Page 2 Printed on 11/zzizu7 ~ Agenda Briefing Continued Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of opposition with regards to this request. Summary. The proposed replat satisfies the requirements of Ordinance 0-99-1153 and the Land Development Code. There are no waivers requested by the developer. The request only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 3 Printed on 11/22/2011 Location and Zoning Map i291 i L~ ' 7~ 125 .. ~-- 817 513 50 9 `.~ 1LW 5D1 1L~ 434 X128 424 420 41$ C12 V 8 ~ X21 41 ~ 4Cu1 `~ 4138 4~S 4JQ 4D1 8817 ..... 41 Site PUDR t~+13 ~ 4c~, ~s :~~ 4Ui+ ~ X101 5 413 ~Ji3 8'101 41 ~ 4 :3t}p 421 $t~ 4?~ $201 ~$I 8200 tk?19 ~~~ 321 ?:1~ d82P~ t ~~ X12 .105 ~=~~ X17 ,~' ~ 831 @ s3E 15 ~ 18 13 3 '+74 3U8 -»~ PUDR eatz sB11 aa~4 .~_oa Reap eso7 PUDR ~s1a ,~~~ s13 ac,~ 3~5 301 27~ e~aa +BCSa3 e~aoa a~2a 532 ~za 5?4 ~zo ~f~ Paz ~ 504 goo AG a1a sale 8712 ~3 522 S~+ ~t 117 51~ _=~S EaJs °~€IN E7~33 ~8 X24 52A 5i8 512 5a$ ,~,~ €7s7~1 R20 e;4e ?4. i ~~ I ~~ ~~ ~4~ BJ 14 ~~~ fl7aa 8752 0 8$?8 ~5 521 .517 bi3 4p4 875& X17 8757 t3®~ r1$ E82d 8780 6781 X213 }2 6713 8657 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Toll Dallas Tx Llc 2557 SW Grapevine Pkwy Grapevine TX 76051 006816 Murphy Rd Broadland Ltd Partnershi PO Box 1672 Colle ville TX 76034 006901 Whittier Ln Vest, Rand Johnson 120 Muir Ln Colle ille TX 76034 006908 Whittier Ln Broadland Ltd Partnership PO Box 1672 Colleyville TX 76034 006904 Whittier Ln Broadland Ltd Partnership PO Box 1672 Colleyville TX 76034 006900 Whittier Ln Wehrle, Michael E & Tammy 8601 Amhurst Ct North Richland Hills TX 76180 000505 Riverpath Broadland Ltd Partnership PO Box 1672 Colleyville TX 76034 006820 Whittier Ln Broadland Ltd Partnershi PO Box 1672 Colleyville TX 76034 006819 Whittier Ln La Ventana Homes Llc PO Box 663 Colle ille TX 76034 006816 Whittier Ln Broadland Ltd Partnership PO Box 1672 Colleyville TX 76034 006815 Whittier Ln Hager, David L 6812 Whittier Ln Colleyville TX 76034 006812 Whittier Ln Kleuser, Lawrence J & Melod 3954 Broadmoor Cir Naperville IL 60564 006811 Whittier Ln Sams, Kevin E & R A Raphael 6808 Whittier Ln Colleyville TX 76034 006808 Whittier Ln George, Laurie K 6807 Whittier Ln Colleyville TX 76034 006807 Whittier Ln Kevin Kessler, a plicant 7950 Elmbrook Dr. Dallas Tx 75247 ap licant Public hearing notices were mailed on Friday, November 11, 2011 by Amy Shelley. Buffer Map 72~i3 720U 517 513 °~~' 505 5Q1 ~:~4 428 424 4211 4161 412 712 7(113 b ~ ~~ L ,;, ~~ 41 404 ~ 40F1 12 70113 ~ ~ f~917 409 41 F, 93 OS 7009 ~ , ,~, 6gQ9 d[I1 ~7y'y~ ' ks ~~ 7.Tl.A~ ~~s / ~IJSJJ ~ E:~G~B 6941 417 7003 42-} 71100 +~~4~4 ~ 425 6921 hc+Q1 'A ,y ~~ / 6820 6816 6'"~4D °''~ Ei916 6917 6~`4 rl1'~+ f~31 ~ 50 ~ ~a82'~ ~ 6818 6'913 6.31 ~; ~,6 t 5 691 _ ~ 69119 651 F,81 6634 6908 .~ ..~..~~ . X10 680.3 fi~~7 6905 '=~ 6904 6644 r;803 1;,100 67:..4 632 '526 524 _` 5'16 532 508 5Q4 7.15 711 fi71B fi712 _ 533 529 525 521 517 513 504 ~~'S 6743 Q~,~. ~,, ~. N 52$ 524 1 ~ 524 536 51_ 508 6744 6748 ~ r_7~5 6724 28 732 736 ~a?+~D r=7a-S 6700 Letter of Opposition Fw Opposition to Toll Brothers proposed road plan Subject: Fw: opposition to Toll Brothers proposed road plan From: Beautiful Rasht Sent: Mon 11/7/2011 7:49 PM To: David Kelly; carol wollin; Stan Hall; Mike Taylor; Tom Hart; Michael Muhm; ]ody Short; Ron Rotthaus; David wheelwright; Dave dudziak; Larry knox; byerly@colleyville.com; David Phelps; Don Davis Cc: Subject: Fw: opposition to Toll Brothers proposed road plan Mayor David Kelly I am writing to emphatically oppose the Toll Brothers proposed road connecting the Reserve at Colleyville to Whittier Heights. Toll Brothers wishes to artificially elevate the status of another property while devaluing ours in the process by building a connecting road. Much more critical than the issue of property value is that of individuals and community safety. I refuse to stand by Idly and watch them compromising the safety of my family by not only increasing traffic and pollutants but also by providing unrestricted access for non-residents through our community. dike any mother, I am willing to protect my home and my children with my life if necessary. Z adamantly believe this connecting road places us all in jeopardy and I appeal to your humanity and sense of family fairness to help in my plight. 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COOK SURVEY, A-295, TRACT 4D1 FROM THE AG (AGRICULTURE) AND THE R40 (SINGLE FAMILY RESIDENTIAL) TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by David Bagwell, The David Bagwell Company, on November 12, 1998, under Case No. Z-98-031; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-99-1153 Page 2 of 13 Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG and R40 districts to the PUD-R district, together with all site plans which are only conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. PERMITTED USES The PUD-R shall have three (3) land uses as indicated on Exhibit C and the primary land use for each area shall be as follows: a. Areas 1A & 1B shall consist of single family dwelling units. b. Area 2 shall consist of a church. c. Area 3 shall be open space. 2. PLATTING & PHASING a. Prior to the issuance of any development permits on the subject property and as a condition to the development of the property the developer shall obtain approval of a preliminary plat and final plat of the property, which may be in phases. In approving the preliminary and final plat the approving body shall exercise complete discretion over roadway design, tot size, lot shape, building lines, set-back lines, open space, and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of this ordinance. b. The general limits of all phases of development shall be shown on the preliminary plan. Each phase shall be numbered to represent the sequential development phases anticipated. Any deviation from the approved development sequence shall require approval from the City Council. c. This development shall be subject to all impact fees in accordance with the Colleyville Subdivision Regulations. Ordinance 0-99-1153 Page 3 of 13 3. DENSITY The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Areas 1A & B, 2 & 3. 4. STREETS AND SIDEWALKS a. No street intersection shall be allowed on McDonwell School Road which aligns with the McDonwell School Road/Remington Parkway intersection. Street intersections along McDonwell School Road shall maintain a minimum of 300 feet separation between centerlines. b. Sidewalks shall be required for all lots within this development, except no sidewalks shall be required in rights-of--way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. Sidewalks in rights-of- way adjacent to each lot frontage or side-yard shall be constructed by the lot owner no later than the date of occupancy of the home on the lot. c. Street rights-of--way shall be a minimum width of 50 feet, except for single loaded streets which may have a 40 foot right-of--way width with a 5 foot utility easement abutting the unloaded side of the street. d. All streets in this PUD shall be thirty-one feet (31') wide and be constructed of five inch (5"), 3,000 p.s.i. concrete. e. The City's street design standards (tangency between curves, radius requirements, etc.) shall be waived, except that a minimum radius shall not be less than twenty-five feet (25'). 5. DRA{NAGE a. All drainage facilities shall be designed and constructed in accordance with the Colleyville Subdivision Regulations. b. it shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for iot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be Ordinance 0-99-1153 Page 4 of 13 required of the developer for City acceptance of public improvements. d. Lot-to-lot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent on to the other. e. In order to preserve trees, no pilot channels shall be required. f. There shall be no prohibition against regrading, expanding, and/or eliminating existing ponds and against adding additional ponds on the property in order to accomplish developer's storm drainage plan, as long as it otherwise meets City standards and is acceptable to the City Engineer. g. As approved by the City Engineer, City park land adjacent to the development may be utilized for storm water retention and/or detention purposes. 6. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance. b. The minimum lot size in Areas 1A & 1 B shall be 13,000 square feet and the average size of all residential lots in Areas 1A 8~ 1 B shall not be less than 16,000 square feet. c. One side yard of any lot may be as narrow as six (6) feet, provided the total width of any two adjacent side yards shall not be less than twenty (20) feet. On lots with an area of less than 16,000 square feet, front yard setbacks may be twenty- five feet (25'), and rear yard setbacks may be ten feet (10'). On any lot with an area greater than 16,000 s.f. that backs to open space, the rear yard setback may be ten feet (10'). d. The minimum lot width for any lot in Areas 1A & 1 B under 16,000 s.f. may be eighty (80) feet if approved by the City Council. Ordinance 0-98-1153 Page 5 of 13 7. PARKS a. The provisions of the Colleyville Pathways plan shall be incorporated in the project. Pathways shall be designated on the preliminary plan and final plat in a dedicated public right- of-way. Pathways shall be constructed by the developer for each phase of development. Within each phase of development, pathways shall be completed prior to the issuance of any building permit for residential development in that phase. b. Each phase of development is subject to the parkland dedication requirements contained in the Colleyville Subdivision Regulations. c. The development shall contain open space which totals twenty percent (20%) of the total area contained in this development as shown on Exhibit C. The City shall not accept the dedication of any open space until all environmental issues are addressed to the City's satisfaction. The developer shall submit to the City an environmental study, audit or assessment demonstrating that the property is in a condition which would allow the City to utilize the property for park purposes without expenditures to remove environmental waste or hazardous materials, that the property is suitable and safe for use as a park and is free from environmentally related problems. d. Tree mitigation is waived for Area 3. e. A 72.5-foot greenbelt setback shall be provided along the north side of McDonwell School Road. Said greenbelt shall be consistent with the greenbelt setback in the Westmont Addition. 8. SIGNAGE a. Developer is permitted to erect at locations approved by the City Engineer entry structures with or without permanent signage (which signage must comply with the City sign ordinance and be properly permitted) in the rights-of-way of perimeter roads at their intersection with internal streets not to exceed twenty-five feet (25') in height, i.e. in the sight triangle areas of such intersections, provided that said structures do not obstruct the view of traffic as determined by the City Engineer. Ordinance 0-99-1153 Page 6 of 13 Sec. 2. THAT notwithstanding any other provisions of the Code, including Section 1-7 of the Code, it is the intention of the City Council in approving this ordinance that no provision or section is severable from any other provision or section. It is further the intent of the City Council that in the event any portion of this ordinance is declared invalid by any court of competent jurisdiction, then the entire ordinance shall be invalid. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT 1S SO ORDERED. e first reading and public hearing being conducted on the 23'~ day of _, 1999. The sec nd re ding and public hearing being conducted on the tv~' day of~~, 1999. Tabled at second reading, approved Apri 1 20, 1999• ATTEST: CITY OF COLLEYVILLE: Q~ an Harris, CMC City Secretary APP VED S TO FORM AND LEGALITY: ..-~ Ross . Fo ter City Attorney Richard Newton Mayor If the Mayor shall neglect to approve or obJect to any such proceedings fora longer period than seven (7) days after the ordinance or resolution i5 placed in the office of the City Secretary as aforesaid, the same shall become effective immediately upon publication as required by law. City of Colleyville Charter Section 3.'14 ~~ .~. ~ .~ _ _ ~ ~ _ ~. ` . .~ ~~ ~ ~ ~ .. ^, i t i. a ^~ ~ s 4 '~ • s f i ! s•^ a _t ~i _ • ~ h ~ Y1 ~ i~ ~ ~ ® • r ^ ^ ® ^! ~ L ^ s • ~: I L`l _. ~ ~ C a :f d ~ .. t y~-- . ~ ~ s .~ ~ ~~- r ... .. ~ i' ~•. i } :.~ ^ •_ . . _ ~/~ - ~ P• • ti~-^^~ 1 ~• ~GY` ~ ^~ L M~ _ _ _ _ ter, ~ J. ^r rr w. ~ 7 % ti `~ ~ rr sa ~ i t1 ~~~~1 •- r !• ^ N ~ ~VYf ._ .. .: rq ^ ~ p i~ r .. ~ ~ .r . r. ~ '~ ' ^~ b ~/ .r .- •• ~ ~ '1~ .r ... ~ .r .• r N I •~ „ ~ ri r• r • ~ ~ ~ d ~ ~ L r ~ ar ra ~Y '1 ~ ~ 1\ q •• • •r ~• • • • • lJ r1 ~ N sr ^a .r •. ~ d • • s • s ' .~ wa ~ ~~ I .r r. I ~. ws • s .~ w. .r ... .' .. •. _ Exhibit A ~, '' "` " ~® Ordinance 0-99-1153 _ _ _ _ _ MM .. ~ .~ •. ' _ _ • .... _ f. TRACT Is Lot, tract or parcel of land, 1 inq and being situated in Tar ant County, Texas, being out of he JQSeph Harrsl3. Survey Abat. X798, an~ the H.L. Allen 9urvsyy, Abst. 65 is said Tarrant County, and llaassinq deacribsd by metes and bi~unde as olfovrs: BjDCiNNING 686 ft. North 89 1/2 d~~g9Tess Bast from the I~ortttweat oorner of w the Joss h Harrell Survey Abet. s798 an iron pin the Northsaat corner of a 20 acre ~sEaT saataC~ouatyahT~ixail Vaiusiw 756, Page 498 geed of Trust Records f TSaNC,E North 89 1/2 degrees Bast with fence line at 1954 ft. the Northeast corner of said Harrell 8urv the Northwest oornes of the Nosth °eLL" of th H.L. I-llen curve , in7fall Z60S ft. as iron pin the !(ortheast corner of sad 1-ile>3 Survey, tie Northeast co of a tract of land d~eded to N.E. Raassey et ux as shown in Volume 1, page 285 Deed ~taoor s o Tarrant County. Texsgan. AT11Qn~Survoy,11760 ltr~an iron pin the 8outeaidcer~er of said Rouo°iy tracts THENCE Beat .pith fence line and the 'oath line of said Rousssy tract. 618.3 it. .ar- iron pint THENCS North 477.2 ft. an iron pink THENC8 Waat 1414.3 ft. an iron pinj THSNCL South 84 1/4 dagrees West 149 ft. an iron pin the Southeast corner of a tract of l:nd ao shown in Volume 2528, Page 3S4 Dead R°cords of Tarrant County, Texasj THSNCE Nosth 434 Lt., an iropn~pia, it• Northeast oorner~ inn NVolumis23?9~ Page 539DeadnRs~cord: of Tarrant CoaAtyi Tsxassa~ shown THENCE North 50 ft. its Northealt corner as iron pia THENCE zest 90 !t. an trop pin, its Northwest corner in the Last line of said 20 acre tracts pp b~igNin~rsiaq~bei~gh52hS acss'tealoielarnita otitaotlthi leiepfh~Birraii 8ur~vep find 26 acres of and cut of tha H.L. Allen Survey. in all 78.5 acres of land more or less. TR71CT I I s 7.24 acres out of the above 10 cars tract and 8g(iINlIII~G az a point which •tand• 1727.55 feet South and 1264.22 feet East of the Northwest corner of the Jose h Harrel Survey said Northwest corner also bsi~q the porthwsst corner o~ a 20 cars track recorded is Volume~7t6bsi~ethi8~ou~ ~ c°rn~rf of thetl0 uicre`trictj` ~ mid baginainq po n9 THENCE north 413.46 feet along fence line and West line of said 10 acre tract] THENCE Korth 89 degrees 29 minutes East 733.94 feet to iron pin foe cornerZ j~ipfgsaid lOdtCre t=aatjnutes seat 430 feet to iron pin net in South THENCE North 88 degrees 48 minutes West along the South line o! lain 10 acre tract 750 feet to POINT OF BEtiINNING. Exhibit B Metes ~ Bounds Description Ordinance 0-99-1153 T~`Rc~" ~fi yy Lat 1, Block 1, of PVRCSLL t~lD'DL'119xttt3Nr ~ cpzddiCito thetP~.atithe~of t3ollelle, Tarrant County, of tYle~lalt Records of Taxx•ant . reco d is Valtuae 388-130, Pagel 93 • CbLllity, Texas . relllq • erat:e or land .ievated !w tee o. a. r~Ado Rervar. tU^atraee Mo, t77, city of Celleyellla, tarrewl Coanlr. Tema anA trleq a pertiww at Igel aerlaln trawl of load dnadat to ~errr 1/. Meldbolt as recerdsa iR vs{vwt ~17l. rata ill ~[ tM peed 1lgaords of Tarrewt Csenep. Taws aM Neleq aiers Iw^rtiwlerir dsierited e7 . wetea wed bwtwla as feltevs^ . OOi111rtrr '•t aw irow std [wnd for the nwrth^rsat eoeeor of the reldhett a,aasciow. aR additlor+ to lbe City of Calleroille. torrent O.tibty. reeaw as rsaosAad lw vetuws 100-Ili. oega it et tM rlat bsordi at Yasraet Gesaty. Tettwit ir81Cr i 3f•47'7t•i. with tAs vest tine of saf0 Nsidhelt 1-Idltiew, a dletewae et ta7,w0 test !o aa.Irow red 'twnd [er eerwsrl riltrtr i 0!•A!'70•r. vlsh rho veath !lie of 1•ea 1 of seid Miidheit addltioa, • Aiataaee of ti.70 test to ai iren ied tevr0 [Or tpOrM-t tvt7lCi N 0!•1!'i7'P. etth tM soath line of lata ! and 7 et a!d wlAhslt 11Adillea, a Alitawcs wf !>12.St trot to an iron teed [ottnd for eornasl ~tIpICR t !0'il'0!'tt. w dietanee Ot !11.11 [set t0 is iron rod [vawd for aesnerr • ~ ' • ritEhtr N H•/]'1TV. • diatewN e[ 11i.t/ !Nt to se iron red - • toead [or roreerl rpt5ttr r 00.73.1TV, a diwNeee of /t1.0= tent to aw Irew rod its ter aerner. ' fpYJr:>t f 0!•ia'li'M. a dlet.aw^+e of /07.AS test !o as Iren rod •. • • ~oed [er eeteart TlltatCr• N 00'/e•aS•v, a d.Klawee sl 317.40 lees to aw iron rod ternd ter n-rwrt ~•~ taares M i)•OOt10'E, a Aletanee of SS. SS fast lr an !roll tal . 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CR001C SURYHY, ABSTRACT N0. 295, SITUATED IM TAAR~Nt COUNTY, TEXAS, AND 88IMG MORE PARTICULARLY DESCRIDED BY MRTHS AND 90UNDS AS lOLLONS: t DBGINNING st an iron pia to the Mest lin. of John KcCain Road.' ; sold polar be1aN, br 4ecd calls. S. 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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: 11/28/2011 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to rezone 0.6 acres from CC1-Village Retail to R20-Single Family Residential on Tract 1 C03, Abstract 936 of the M. Looney Survey located at 5313 Pleasant Run Road, Case ZC11-024 Attachments: Location and Zoning Map Notification List Buffer Map Aerial Statement of Planning Objectives Portion of the Future Land Use Plan Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/28/2011 Planning and Zoning Commission Title Approval of a request to rezone 0.6 acres from CC1-Village Retail to R20-Single Family Residential on Tract 1 C03, Abstract 936 of the M. Looney Survey located at 5313 Pleasant Run Road, Case ZC11-024 Explanation Bobby Davis submitted a request to change the zoning from the CC1-Village Retail to the R20-Single Family Residential zoning district on 0.6 acres located at 5313 Pleasant Run Road. The subject property is developed as a single family residence. The applicant is seeking a zoning change in order to close on the recent sale of the subject property. Background. The City Council approved of a zoning change from AG-Agricultural to CC1-Village Retail in August 2003 by Ordinance 0-03-1411. At that time, the property owner was seeking the zoning change in order to market the property to potential buyers. Currently, the property owner has a buyer for the property as residential but because the property is zoned commercial, the lending agency will not close on the property until it is rezoned back to single family residential. Lot Sizes and Widths. The R20 zoning district requires a minimum lot width of 100 feet and a minimum lot depth of 125 feet. The subject property meets the requirements of the Land Development Code for the proposed zoning district. Platting Requirement. The property is required to be platted prior to the issuance of City of Colleyville Page 1 Prlniea on ~ v~ucv~ -~ Agenda Briefin4 Continued building permits for any new residential structures. Surrounding Properties. The properties to the north and east are zoned CC1-Village Retail and developed as First Baptist Church of Colleyville. The property to the south is zoned AG-Agricultural and is developed as a single family residence. The property to the west is zoned CN-Neighborhood Commercial and undeveloped. Development Trends. The development trends in this area primarily focus on office, institutional, and single family uses. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation would not be in compliance with the Future Land Use Plan. Public Notification. Staff mailed notices to 10 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence with regard to this request. Summary. The proposed zoning change is not in compliance with the Future Land Use Plan, which designates the subject property as a future retail development area, however, given the circumstances that the property is developed as residential and the property owner has it under contract for sale as residential, staff recommends approval of the request. Recommendation Approval City of Colleyville Page 2 Printed on 11/2Z/2o77 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005300 Colleyville Blvd Colleyville Heights Llc PO Box 1132 Colleyville TX 76034 000801 Regina Ct Rostron, Paul Etux Cindi *805 Regina Ct Colleyville TX 76034 000805 Regina Ct First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005312 Colleyville Blvd Davis, Bobby Joe, applicant 8304 Old Springfield Pike Goodlettsville TN 37072 005313 Pleasant Run Rd Ethridge, Edgar 3324 Dustin Trl Hurst TX 76054 005309 Pleasant Run Rd Hart, Kay Lynn Foster Brothers, Lloyd 5301 Pleasant Run Rd PO Box 45 Colleyville Colleyville TX TX 76034 76034 005301 Pleasant Run Rd 005310 Pleasant Run Rd Stephens, Jim & Roseberry, A Horobec, John 3604 San Bar Ln. 1404 W Irving Blvd Colleyville Irving TX TX 76034 75061 000820 Central Dr 005300 Pleasant Run Rd Public hearing notices were mailed on Friday, November 11, 2011 by Amy Shelley. Buffer Map 5601 `~' { ~ ...... ®0 ° Soo 806 ~ 5520 10©~ 55os ~~ ~_., . 100 ~ 1109 5510 5505 3 ~'}1 803 805 5503 5500 5412 E 20 816 812 808 804 800 5405 ~ 5408 ```a/ '~ 5413 5300 ~ e_ww ~o~.~,~.~.~ ~J 5409 821 817 13 809 :805 '/ ~ ~"'4,~ `'`"'~J~ ~,~ ~~ 1~ ~ 5401. ~~ 531 z ..~, 14 816 ~ 2a ~ ~,~ ~ 5313 ,~,if ~ 5311 `~s! -- ~ ~ Site ro _ 5300 ~- .~ 5308 f'`k 5309 817 a 10 ''.."' .. 530 ur ~.~ __ 813 815 ~"~ m ~,~_.o ,,._ ~~ 530 5300 ~~~ ~~ ~. ~a.~ 5303 1104 __.~._. ~ 5221 5232 5226 ~~~~ Aerial Statement of Planning Objectives To City of Colleyville Planning and Zoning Department Our request to rezone the property at 5313 Pleasant Run is required so that we can honor the contract that is pending at the present time. We zoned the property commercial in 2003 for marketing purposes and since it was on the master plan. Our thinking at that time was "the village" was just taking off. Well, then the economy changed, and it is 2011 and we have a contract pending. Our problem now is, being zoned commercial, we are not able to have the property appraised, because the contract is written on a One to Four Residential contract. We can't write on a commercial contract since there is a home on the property and the taxes and deed reflect that statues. The title attorney has stated to us, that we are using the correct contract to convey title, and residential appraisers are not able to appraiser if zoned commercial, and commercial appraisers are not able to appraise if the property is not actually commercial yet. The purchaser does intend to honor the contract and extended our closing out to correct this problem. He also is intending on honoring the lease that is in place with the home until it terminates in July 2012. He is a resident of Colleyville, and he might continue to use this property as rental property or at a later date, put his office there. He is aware that he would then have to incur the cost of rezoning and the tax structure would change. We ask the City of Colleyville to grant us the rezoning to facilitate the sell of this property. Thank you for your kind consideration. Veronica Baughman Coldwell Banker Real Estate Professional CRS, ABR, e-Pro Certified Luxury Home Specialist Certified New Home Specialist 817-707-6844 Portion of the Future Land Use Plan i ,~> `' - ~~ `_ ~"~ ~ ~~ u ~_ ~d ~~ ~ , _ ~ Legend ~ ~ .~~ ~ ` ~ - ,.~~ ;,4 dingle Farr~ily - _r ~ _ - ~ -~~- 1 --, ~- ~ - i ~ __ I Multi-Family ~,~, ~ ~ lU ~ ~~ ~ ~- r om a~ ~~ , ~; Office Retail ~~~ - ~~. ,- Institutional ~ n-m~=~~, _. i, Industrial - _.~_._ wa ~- ~~ ~ ~'' Road y ~ ~~ ~- ~~~ ~ ~~ Utilities ~_ ~~ 1! ~~ - - _,, I~ Parks ~- (~ ~_~ Private Open Space ~ - ~~ ~~ _... ~ Water ~,/ ~~ ~ ~ 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 CHANGING THE ZONING ON TRACT 1C03, ABSTRACT 936 OF THE M. LOONEY SURVEY, FROM THE CC1-VILLAGE RETAIL ZONING DISTRICT TO THE R20- SINGLE FAMILY RESIDENTIAL 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. ZC11-024; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to 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 0-11-XXXX Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Tract 1C03, Abstract 936 of the M. Looney Survey, from the CC1-Village Retail zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and is described in the attached Exhibit «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 any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-11-XXXX Page 3 of 3 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 2012. 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 BFING all rha* certain. trart or parcel of land in the ,J. ~i. Looney Survey, AbSCrat.t; Nb. 936, Tarrant Cou~:lty, Texas, being further descr.ibE~~d as olia~~s: S~~;znNiNG at a steel rod 3n the past right of way line of Pleasant Run Road by deed ca? 1 X33.95 `eet South 0 degrc;es 15 rn:.~n.~es 30 second:, West From tl,e Northwe:~t corner of eai.d r~co:~ey Survey: T:a[;~9CL Stiutl~ &'7 decrees 48 :~:irutes Gast lf19.5? feet ra a scat Hteel rc~d; THLVCE Sout:~ 0 t~,e'yrccs 1.'~ ~nin:~fie:~ 30 seconds West, 115. ~3 f°°t to a set steel x•c~d `i`f{ENC'E North £37 cecrees 45 min•~tes 30 secvrr3s 4~'est, 189.57 fe°t to a 1 inch iron pipe in the ~a:st r~gY:~. ett way line of ti'_c:asant Eton RoaC; TNEtatG ttorrh U dc~?r~es l5 minute3 30 secan~s caa along Lrie Gast tight o way line a` said ro~~d I1.~.&9 *eut to r.,e ?lace o!: Gegirining and. containing C.~iO acre of land, n:vrc. or 1E~~;;r~.. i City Hall ~ City of Colleyville 100 Main Street ~~~~ Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 11/28/2011 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard, Case ZC11-025 Attachments: Location and Zoning Map Notification List Buffer Map Aerial Statement of Planning Objectives Colleyville Code Section 6 Site Plan Access and Fire Lane Easement Exhibit Ordinance 0-92-868 Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/28/2011 Planning and Zoning Commission Title Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard, Case ZC11-025 Explanation Chris Biggers, on behalf of Dunaway Associates, L.P., who is representing Walmart Market, submitted a Special Use Permit (SUP) application to allow beer and wine sales for off-premise consumption in the previous Kroger grocery store located at 4904 Colleyville Boulevard. Zoning. The property is zoned CC2-Shopping Center, and the sale of beer and wine for off-premise consumption is allowed in this zoning district with the approval of an SUP. Business Information. The applicant states that the Walmart Market will be open 24 hours a day, seven days a week. The sale of off-premise alcoholic beverage sales will be restricted and limited to the available hours per the Texas Alcoholic Beverage Code (TABC) which outlines Monday -Friday: lam -midnight; Saturday: lam - 1 am and Sunday: noon to midnight. The applicant states that the scheduled opening for the store is Spring 2013, with the potential for a quicker opening. Building Design and Construction. According to Chapter 6-Building Design in the Land City of Colleyville Page 1 Printed on 11/22/2011 Agenda Briefing Continued Development Code, commercial buildings located in the CC2-Shopping Center zoning district requires a minimum design score of 25. The subject building, as it exists, contains a design score of 17. In accordance with the proposed amendments to Chapter 6 -Building Design, staff recommends that the design score be a 30. This recommendation has been added to the proposed ordinance. Parking and Access. There are 392 parking spaces required for the entire building, including the multi-tenant inline spaces located on either side of the anchor space. 420 parking spaces currently exist on the subject property. Per the attached exhibit, staff recommends that a 24 foot wide access and fire lane easement be installed to connect Glade Road to Village Lane. This would help to improve internal circulation on the subject property and provide patrons of businesses in the development alternative points of ingress and egress. Any parking spaces that would be removed to accommodate the easement would not affect the total required parking for the development. This condition has been added to the proposed ordinance. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. The proposed Walmart Market is a retail grocery store that sells mostly grocery items including beverages, pharmaceuticals, and some general merchandise. The proposed Walmart will occupy 57,000 square feet in the previous Kroger building which is part of a larger multi-tenant retail building. The previous Kroger grocery store was approved for the same request by Ordinance 0-92-868 by City Council in June 1992. Since the Kroger has been out of business for more than six months, the approving ordinance has expired per the requirements stated in the Land Development Code, Section 3.25(6) Special Use Permit: 6. Termination and Abandonment of Use - In the event the building, premises or land uses authorized by a Special Use Permit are terminated or abandoned for a period of six (6) months or longer, the use of the same shall thereafter conform to the regulations applicable to the zoning districf, unless a new and spate Special Use Permit is approved for continuation of the use. Distance Waiver Requirement from a Public School. Section 6(3) of the Colleyville Code of Ordinances requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The subject property is located approximately 264 feet from the boundary of Bransford Elementary school as measured from the closest points of the two properties in a straight line. Section 6(3)c states that the measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business and in a direct line across intersections. As such, the City Council must approve a specific waiver to this section in order to allow alcohol sales on the subject property. This waiver has been added to the proposed ordinance. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The Cify of Colleyville Page 2 Printed on 11/22/2011 Agenda Briefing Continued proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. Properties to the north are zoned CC1-Village Retail and PUD-C-Planned Unit Development Commercial and are developed as The Village at Colleyville. The property to the south is zoned CC1-Village Retail and is developed as a bank. The properties to the west are zoned PUD-R-Planned Unit Development Residential and are developed as single family homes. The properties to the east are zoned CC1-Village Retail and are developed as restaurants. Public Notification. Staff mailed notices to 134 property owners within 500 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 to this request. Summary. The proposed SUP would authorize the sale of beer and wine for off-premise consumption. Although the approval of a waiver is required given the proximity of Bransford Elementary School, the property and buildings were designed and developed for a major grocery store anchor and the original Kroger grocery store was originally approved for the sale of alcoholic beverages for off premise consumption. Recommendation Approval subject to the following conditions, which are also contained in the proposed ordinance: a. This Special Use Permit shall only apply to the use of beer and wine sales for the purpose of off-premises consumption as described in Exhibit "B" and depicted in Exhibit "C" of the existing 57,000 square foot area on the subject property. b. The front fagade of the building containing the alcoholic beverage sales shall contain a minimum design score of 30 as described in Chapter 6-Buiding Design in the Land Development Code prior to the issuance of the Certificate of Occupancy. c. Prior to the issuance of the certificate of occupancy, a 24 foot access and fire lane easement shall be installed and dedicated consistent with Exhibit "D". The easement shall be dedicated by plat or separate instrument and filed with the Tarrant County Clerk. A copy of the filed recording instrument dedicating the easement shall submitted to the City prior to the issuance of the Certificate of Occupancy. d. The 300 foot distance requirement to churches, public or private schools or public hospitals is hereby waived by this ordinance. e. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. f. All requirements of the Land Development Code shall be met, except where amended herein. City of Colleyville Page 3 Printed on 11/22/2011 Location and Zoning Map Notification List DWNER NAME OWNER ADDR OWNER CITY S OWNER TATE OWNER 21P S ITUS ADDR 4lbritton, Brett 4 913 Shadowood Rd C olleyville T X 7 6034 0 04913 Shadowood Rd Anthony, Graydon Jr & Barbara 6 17 McCoy Dr I rving T X 7 5062 0 04914 Shadowood Rd Barrett, Richard & Jo EIIa 5 021 Stonebridge Dr Colleyville T X 7 6034 0 01918 Shadowood Tr Bourland, Robert Michael 1916 Shadowood Trl Colleyville TX 7 6034 0 01916 Shadowood Tr Brandt, Jeff Barton Est PO Box 775 Grand Lake CO 80447 001912 Shadowood Tr Brown, Kathleen G 25 San Felipe Way Novato CA 94945 004907 Shadowood Rd Brown, Richard Etux Kathy 5005 Shadowood Rd Colleyville TX 76034 005005 Shadowood Rd Bunker, Phil D Etux Kay A 4906 Shadowood Rd Colleyville TX 76034 004906 Shadowood Rd Bustamante, Mary Elizabeth 5003 Shadowood Trl Colleyville TX 76034 005003 Shadowood Tr Campbell, Hideko Sato 5001 Shadowood Trl Colleyville TX 76034 005001 Shadowood Tr Caprio, Carol A 4912 Shadowood Trl Colleyville TX 76034 004912 Shadowood Tr Chadwani, Shamshad 5002 Shadowood Trl Colleyville TX 76034 005002 Shadowood Tr Charles, C A & M L Ferguson 4910 Shadowood Rd Colleyville TX 76034 004910 Shadowood Rd Charnicky, Kevin Etux Katie 5004 Shadowood Rd Colleyville TX 76034 005004 Shadowood Rd Chuppe, Charles Etux Michele 4905 Shadowood Rd Colleyville TX 76034 004905 Shadowood Rd Cocanougher Asset No 3 Llc 6851 NE Loop 820 Ste 110 North Richland Hills TX 76180 005005 Colleyville Blvd Colleyville Plaza Lp 580 Decker Dr Ste 203 Irving TX 75062 004904 Colleyville Blvd Colleyville Plaza Lp 580 Decker Dr Ste 203 Irving TX 75062 004908 Colleyville Blvd Colleyville Plaza Lp 580 Decker Dr Ste 203 Irving TX 75062 004900 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 000100 Main St Colleyville, City Of 100 Main St Colleyville TX 76034 005109 Bransford Rd Colleyville, City Of 100 Main St Colleyville TX 76034 000084 Piazza Ln Colleyville, City Of 100 Main St Colleyville TX 76034 000104 Terra Cotta Way Colleyville, City Of 100 Main St Colleyville TX 76034 000104 Terra Cotta Way Colleyville, City Of 100 Main St Colleyville TX 76034 000104 Terra Cotta Way Colleyville, City Of 100 Main St Colleyville TX 76034 000097 Piazza Ln Colleyville, City Of 100 Main St Colleyville TX 76034 000104 Terra Cotta Wad Colleyville, City Of 100 Main St Colleyville TX 76034 000104 Terra Cotta Wad City Of Colleyville 100 Main St Colleyville TX 76034 000101 Terra Cotta Wad , Colleyville, City Of 100 Main St Colleyville TX 76034 005100 Colleyville Blvd City Of Colleyville 100 Main St Colleyville TX 76034 000024 Village Ln , Compass Bank PO Box 10566 Birmingham AL 35296 004841 Colleyville Blvd Cy Village Lane Lp 49 Showers Dr Apt N361 Mountain View CA 94040 000032 Village Ln Cy Village Lane Lp 49 Showers Dr Apt N361 Mountain View CA 94040 000032 Village Ln Kyle Etux N E Hayworth Davis 2305 Maplewood Trl Colleyville TX 76034 002305 Maplewood Tr , Lisa G Dillard 5104 Shadowood Rd Colleyville TX 76034 005104 Shadowood Rd , Ketrina Etvir Patrick Dunagan 57 Piazza Ln # 310 Colleyville TX 76034 000057 Piazza Ln # 310 , Nancy L Evans 2302 Maplewood Trl Colleyville TX 76034 002302 Maplewood Tr , Mark & Jennifer Fadden 825 Regina Ct Colleyville TX 76034 000059 Piazza Ln # 410 , Mitchell Etal Fonberg 5452 Glen Lakes Dr Ste 203 Dallas TX 75231 004714 Colleyville Blvd , Peter 0 Fonberg 5452 Glen Lakes Dr Ste 203 Dallas TX 75231 004718 Colleyville Blvd , Claudia Franco 5105 Indian Trail Ct Colleyville TX 76034 005105 Indian Trail Ct , Huijing Fu 5000 Shadowood Rd Colleyville TX 76034 005000 Shadowood Rd , G & B Property Mgt Group Lp 75 Main St Ste 100 Colleyville TX 76034 000088 Village Ln #28 Lp t Grou M rt & B P 75 Main St Ste 100 Colleyville TX 76034 000088 Village Ln # 28 p g rope y G nn~~nn nnonluu,nnri Tr Gordon, Truda Grapevine Colleyville ISD 1u34 nnapiewooa ~ n 3051 Ira E Woods Ave ~~~~=r•~~~= Grapevine ••• TX --- 76051 000601 Glade Rd Allan S Etux Krispin Graves 5100 Shadowood Rd Colleyville TX 76034 005100 Shadowood Rd , Edwin & Billie F Hardesty 5003 Shadowood Rd Colleyville TX 76034 005003 Shadowood Rd , Havran, John M Etux Susan T 4908 Shadowood Rd Colleyville TX 76034 004908 Shadowood Rd 004903 Shadowood Rd Hawkins, Terrye E PO Box 844 l T Colleyville ville Colle TX TX 76034 76034 002306 Maplewood Tr Hernandez, Antoinette r 2306 Maplewood 771 E Southlake Blvd y Southlake TX 76092 000060 Village Ln # 110 Hov Re Llc Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 000060 Village Ln # 210 Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 000060 Village Ln # 310 Rodney L Etux Mary L Irvin SOOT Shadowood Rd Colleyville TX 76034 005001 Shadowood Rd , Jpmorgan Chase Bank PO Box 2558 Houston TX 77252 005000 Colleyville Blvd Jas R Rev Trust Etal Kelly 1910 Maplewood Trl Colleyville TX 76034 005000 Shadowood Tr , Mohammed Kherani 5102 Shadowood Rd Colleyville TX 76034 005102 Shadowood Rd , William D Lake 6814 Tulip Ln Dallas TX 75230 000053 Piazza Ln # 110 , Lamanna, Luigi F 5004 Shadowood Trl Colleyville TX 76034 005004 Shadowood Tr -ooney, John R ylcNosky, Anthony T Mehta, Sanjay N & Rekha S Mozingo, William L Etux Eoun Nachawati, Zana Nachawati, Zana New, Joe Etux Sharon Nguyen, Hieu V Etux Tina Hoar Nobel Source Company Llc Noblit, Don Etux Barbara Pahlavan, Poya Etux Nebrat M Pelton, Judith K Piazza Partners Llc Piazza Partners Llc Piazza Partners Llc Piazza Partners Llc Piazza Partners Llc Piazza Partners Llc Quake Enterprises Llc R&L Capital Properties Llc Realty Capital Chase Mtc Lp Realty Capital Chase Mtc Lp Realty Capital Chase Mtc Lp Rotthaus, Ronald Ames Sayed, Mahnaz Schlattman Family Trust Secretary Of Hud Shadowood Trail Condo Assoc Sorial, Youssef W Etux Afaf Y Stroud, Teresa G Terrell, Linda A Thatcher, Larry D Etux Therese Thompson, John E Tuuling, Eric Etux Nancy Usrp Funding 2001-A Lp Vandergriff loan Vandergriff Joan Vandergriff Joan Vengurlekar, Vaman Etux Vass Village Management Ltd Village Management Ltd Village Management Ltd Village Management Ltd Village Management Ltd Village Management Ltd Village Management Ltd Village Management Ltd Village Management Ltd 3001 S Country Club Rd 5108 Pleasant Run Rd 1421 Savoy Ct 5007 Shadowood Rd 1709 Vicky Ln 1709 Vicky Ln 61 Piazza Ln 557 Round Hollow Ln 640 S Hill St Ste 341 PO Box 820895 4910 Shadowood Trl 4909 Shadowood Rd 77 Piazza Ln 77 Piazza Ln 77 Piazza Ln 77 Piazza Ln 77 Piazza Ln 77 Piazza Ln 85 Village Ln Ste 150 6903 Shepherds Gln 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 212 Pheasant Run 2203 Cottage Oak Ln 5103 Indian Trail Ct 2302 Welsh Cir 4400 Will Rogers Pkwy Ste 300 2415 Avenue J Ste 100 4911 Shadowood Rd 4913 Shadowood Trl 4909 Shadowood Trl 4911 Shadowood Trl 5017 Montclair Dr 5101 Indian Trail Ct PO Box 1671 5317 Bluebonnet Rd 5317 Bluebonnet Rd 5317 Bluebonnet Rd 2308 Maplewood Trl 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 8333 Douglas Ave Ste 110 Grand Prairie T X 7 5052 Grand Prairie T X 7 5052 Colleyville T X 76034 Southlake TX 76092 Los Angeles CA 90014 Fort Worth TX 76182 Colleyville TX 76034 Colleyville TX 76034 Colleyville TX 76034 Colleyville TX 76034 Colleyville TX 76034 Colleyville rnllPwillP TX TX 76034 76034 Dallas TX TX NC 75225 75225 75225 28741 76034 Colleyville Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dallas Dalll as OK TX TX TX TX 76034 76034 76034 76034 76034 76034 32802 76034 76034 76034 76034 75225 75225 75225 TX 75225 TX 75225 TX 75225 004917 Colleyville Blvd 005108 Pleasant Run Rd 004915 Shadowood Tr 005007 Shadowood Rd 000092 Piazza Ln 000092 Piazza Ln 000061 Piazza Ln # 510 004912 Shadowood Rd 000800 Glade Rd 004913 Colleyville Blvd 004910 Shadowood Tr 004909 Shadowood Rd 000085 Piazza Ln 000085 Piazza Ln 000085 Piazza Ln 000085 Piazza Ln 000085 Piazza Ln 000085 Piazza Ln 000085 Village Ln 004800 Colleyville Blvd 000016 Village Ln 000016 Village Ln 000016 Village Ln 000055 Piazza Ln # 210 002203 Cottage Oak Ln 005103 Indian Trail Ct 005005 Shadowood Tr 001914 Shadowood Tr 002200 Maplewood Tr 004911 Shadowood Rd 004913 Shadowood Tr 004909 Shadowood Tr 004911 Shadowood Tr 000905 Old Glade Rd 005101 Indian Trail Ct 004725 Colleyville Blvd 000909 Old Glade Rd 000750 Glade Rd 000710 Glade Rd 002308 Maplewood Tr 000091 Cottage Ln 000093 Cottage Ln 000095 Cottage Ln 000097 Cottage Ln 000099 Cottage Ln 000041 Piazza Ln 000124 Terra Cotta Way # 110 000124 Terra Cotta Way # 210 000124 Terra Cotta Way # 310 Village Management Ltd 8333 uougias nve ate llu ~a~~a~ ll D ~ •~ TX ~ ---- 75225 - - 000036 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 as a Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000047 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000037 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000028 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Village Ln Wells Fargo Bank Na 700 N Pearl St Ste 2200 Dallas TX 75201 004843 Colleyville Blvd Wertz, Richard Etux Mary E 2300 Maplewood Trl Colleyville TX 76034 002300 Maplewood Tr Whitten, Ricky D & Sherri D 5002 Shadowood Rd Colleyville TX 76034 005002 Shadowood Rd Wilson, Mark D & John B Blick 701 Glade Rd Colleyville TX 76034 000701 Glade Rd Worthington National Bank 500 W Main St Fort Worth TX 76102 004814 Colleyville Blvd Wree Colleyville Llc 201 W California St Gainesville TX 76240 004801 Colleyville Blvd Y2Kitchen Properties Llc 4500 Dartmoore Ln Colleyville TX 76034 005003 Colleyville Blvd Zell Three Inc 1190 Explorer St Duncanville TX 75137 000700 Glade Rd Chris Biggers, applicant 550 Bailey Ave. Suite 200 Fort Worth TX 76107 applicant Public hearing notices were mailed on Friday, November 11, 2011 by Amy Shelley. 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G,~A~E 45~~~ 11]1 92 n ~,i ~ 1917 ~ t ~ S66a ~~s +..~ '?r r/ _ ~~ au"s7 ~ ~1 7164 4500 ~ d'~3 f Y ~ r o K„ ; @y 31717 ..7'08 a~, a~ ~ ~. ~' amrr ~. ~ 1~~7 1761 / [~ eax ~.~ ,. X13 568 5'C~f ,/~ 4'Cr3 ~ .; a n ~1~ V ra ,3 V +1C~Q3 A,;~ Y 4~1~ ~', Aerial Statement of Planning Objectives t~-tJNA1lVA~- Dunaway Na. 2010097.001 C3ctober 21, 2011 City of Calleyvile Community Development Department 100 Main Street Colleyville„ TX 76034 Reference: Special Use Permit Request 4904 Colleyville Blvd. Dear Madam ar Sir: Dunaway Associates, I_.P. is pleased to provide this letter along with the required information pertaining to the Special Use Permit Package to allow proposed Beer and Wine Sales at the above referenced location. Currently this location, previously a Kroger Grocery store, is being evaluated for use as a proposed Walmart Neighborhood Market Grocery Store. As part of this proposed use, sale of beer and wine for offsite consumption is proposed, therefore a request for an SUP to sale packaged Beer and Wine is being submitted. The proposed Walmart Neighborhood Market would offer a quick and convenient shopping experience for customers who need groceries, pharmaceuticals, and same general merchandise. It is estimated the stare would employ approximately 95 associates. The existing building which the store will occupy is approximately 57,000 SF The proposed Walmart Market is antciaipted to open in the Spring of 2013, but may be accelerated. It is anticipated that the store would be open 24 hours a day, 7 days a week. Please do not hesitate to contact us with any questions or concerns. f can be reached by phone at 817-335-1121 Sincerely, pUNAWAY ASSOCIATES, L.P. a Texas limited partnership hristop ,e tggers P.E.. PrincipalfPraject Manger CMBllau City of Colleyvtlle 11-102a Attached: Special Use Permit (SUP) Application Check for $500.00 Permit Fee ~:,. :~5~; ~~ ~ « .;~ ~~a E, ~ tei >~s ~ .fly} ` rr~~: ~1"t... Copy of Section 6.3 - Colleyville Code of Ordinances Sec. 6-3. Restrictions on sales within prescribed distances of public and private schools, churches and public hospitals. (a) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within three hundred (300) feet of any church, public or private school, or public hospital. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (c) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business and in a direct line across intersections. jd) The City Council may allow a variance to this section if it determines that the enforcement of the regulation m a particular instance is not in the best interests of the public constitutes waste or inefficient use of land or other resources creates an undue hardship on the applicant for a license or permit does not serve its intended purpose or is not effective or necessary or for any other reason the City Council determines after consideration of the health safety and welfare of the public and the eauities of the situation that the variance is in the best interest of the community. (e) The term "private school", including a parochial school, means a school offering a course of instruction for students in one or more grades from kindergarten through grade 12, and has more than 100 students enrolled and attending courses at a single location. Site Plan Z ~ $ ~ ~ s g~s~ ~ < ~ ~ s~= ' ~ ' - €5i3 ~ ! '~a ~g H ~~ F~ ~ ~ ~. a ~ ~ ~ ~ ~, c~ z. ~ ~ n a ~ ~ Y ~ ~ s g 0 ~ ~e a z Y ~Oa i i ii o~ oN~ x' 1 R~ r O e ~ i< \ J 2` S Oj L~O~ ~•,\ O~•\,\ ••\ OOH ti~ `~ ~so. . ~ ,~ os ~~ ; „ ~ ' W \ ~'. ° ~ K - ~ m ~ =o ,\ 3 ~ x~ ~tl ~ ~ ~ `o a 4 v • .. ~ 3 •\ ~ `. s g \• " ~~ w_ .,a 6037'20" E 416.50' , ' ii m x yy r °' \ ~ 6y ~ ` ~a o ~h e s u~.~uun~ V ¢ D ~i 3s e ,. R ° J m ~ \ // N •. .•. ¢ W N 4 "eik- M .c i J ., .,,. _ .x, * d W ~ R O ~ . !xx ~ n°a "~ ,. V.1 EJ ~ni3x wrung ." __ __ _~ IY~/. I J ~ C"? s 1 J ~a~ ':~: - p ~~ 3 ~~ ~ ~~ ~.~i~ i:•,::,~~,':~' . 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'. ,':~~' ~ l ~~1 it7 ~ -fa f. `~ iii ~3f3~~ ~ ! ` i~lrr .i~EF' ! .41 79f;; ,/`/ -"', a~~:' a R D F~ ~,~°-~- ~ s p - s f .~ _~ ~ ~, ~ ~ a ~ ~L O ' ~ ~ \ ~ ~ 3 n5 `rep, 3~ \\ p4 Q\ .Y" p ~ - •. k~. 3~ - ~ YT .? * k 1 ; \ ~.-=~ ~l ~~~ ~ ~ p .~ ~; "sa s°~ y ; ' ~° ~- s ~o•a rzo' a a~e.so• ~Y :i S _ j ` - ~~ ~fr: `~ ~ , o., i ~ ~ `L i i d ~ a~ ~ ~ ~ ,~, y_ ~, ~~ ' ~ ~ ~~ ~ ~ 1 \ ~ 1 ~ ~ _ ~ ' r f '' 1 7- ~ •, 1~ 'i .~' ~ I ~ `~ °~ ` 9k ~ a .r - C~ _ M~J x ~. . a~ ~r ~ ~, 5 ~ ~ \ ~ a - ,M . p, ~ ~ ~ ~ ~ s 2"',; s ~ ~ ~ ~, .~ . ~ ..., . 11 ,.1 _~ ` \ /~ ~ :~ x l ~ ~ ~ ~^ !y L ~ M1 1 , . ~ \ H ~~pp//~~~ f ~ \ . . .1 .~^' ~ (' 1 q~ {^Q ` ~~~ 1~ f } ~ Y !Y `` f ~$ ~ C ,.- ., r ,! t -- ~ "' ~ ~ z "~ ~ ~~ ~~ 1 ~- ,,~,(~ 7 _ ~ ~ ~~ ~ ~ sz ~ g a $ ~. ~ . !~ €e I ~ t ~ L~ l ~ ` ~(~t~ 1'~ ~ { tit -.. ~'._ ~~ 8 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-92-868 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.266 ACRES OUT OF THE BBB & C RAILROAD COMPANY SURVEY, ABSTRACT 206 AND PART OF BLOCK 1, LOT 1 OF THE KROGER ADDITION TO THE CITY OF COLLEYVILLE, TEXAS, FROM CC TO CC WITH SU FOR RETAIL SALES OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Jack Cannon of Wydiv, Inc. representing The Kroger Company on April 03, 1992 under Case No. 5-92-39; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map as indicated in Exhibit A are hereby amended insofar as they relate to certain land located in Colleyville, Texas, and described by metes and bounds as indicated in Exhibit B by changing the zoning thereof from CC to CC with SU for retail sales of beer and wine for off- premise consumption, together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council, which ---~`--~~ ~ , .• ~ t ^ ~ ~ '~ ~ ~ 4 ~ ~ I ~ -= ; EXHIBIT nAn Z„~~';r ~"~" { ~^ :•','1 ~`' ~ , f~ 1~,~~--'.~,-..-II-,~'~-::~~ s „ ,~~~~~ ~ ~,' ordinance 0-92-868 ' ~' i A 5 ~ ... ~.:i ~~, ~~ ~ ~ ~ ICE Ik 2A .: t IC7 C~i ~ ~~ ;I ~ I.: :~... I ' ADD. _~CrNT . ~-- PARK ~ Ic4 18,A Ri i ~ ,ti ! ~ E ~o+at , JN. 1 p 4 ~ 1/ ZE~ '/T Y PARK a~ ~ Q h I ~ C ~ai ~O PRDF.:`~CT. ~ - - s,T. - ._ .~ _~.. r 3e,c v U 'ICE ST~X1~N -~ I iz -- . r- `c , ~ r-- ~ ~ ~ 7 ~,4A 3c ~ 3B I 3c. 3E / V' ~ 2v I: ta~la (o Rv t I ,•, W aGE ~ ?^f ~ AK LA. ZA ~ -' ° s~ 12 GL E C I~lR'T ,~ , ID ~ '~~ I i , `~o Q -~ i o .' `=~? ~ ° to PUD-R ~~ y.$ ~ R_ se MI ~ 3 ~ W~ ' O ~ 7 8 RD. ~' ,' ~ . " ZCJ ~ i 7 ~71~ LA I i \ ~ i• ~ ~ „ 15 ~a6 r , t//L L~.A' ~ ~ V CN,,~ ~ 3f~QR1~.-~~. C/bA~'SWi~R~TH ;~ .? I G'1~1~T5 ~~ ,`~ ~~ r `~ P~ t~fC i 'r~k-rE-~ ; OF ~ Ol~l~~''RSET ~~~~ . ~~ _ ~ ~.._ ... . ., ! KROGER STORE BUILDING FOOTPRINT ECI# 910178 EXHIBIT "B" Ordinance 0-92-868 Page 3 of 7 BEING a 1.266 acre (55,143 sq. ft.) tract out of the 688 & C Railroad Company Survey, Abstract Number 206 and part of Tract 3 of VILLAGE OAKS ADDITION as recorded in Volume 388-144, Page 52, Plat Records, Tarrant County, Texas, and being a portion of Lot 1, Block 1 KROGER ADDITION as recorded in Cabinet A, Slide Plat Records, Tarrant County, Texas and being more particularly described as follows: - COMMENCING at a 1/2" iron rod in the north right-of-way line of Glade Road (80' R.O.W.) and the east right-of-way line of Shadow Wood Road (60' R.O.W.), being the southwest corner of said Tract 3, Village Oaks Addition; THENCE S 89°30'00" E along the north right-of-way line of Glade Road a distance of 120.00 feet to a 1/2" iron rod being the southwest corner of Lot 1, Block 1, KROGER ADDITION; THENCE N 00°02'17" E along the west lot line of said Lot 1, a distance of 396.00 feet; THENCE S 89°57'43" E a distance of 44.39 feet to the westernmost corner of the Kroger Building and being the POINT OF BEGINNING; THENCE N 29°28'40" E a distance of 58.50 feet; THENCE N 60°31'20" W a distance of 25.00 feet; THENCE N 29°28'40" E a distance of 10.00 feet; THENCE N 60°31'20" W a distance of 10.00 feet; THENCE.N 29°28'40" E a distance of 65.00 feet; . THENCE S 60°31'20" E a distance of 35.00 feet; THENCE N 29°28'40" E a distance of 129.50 feet; THENCE S 60°31'20" E a distance of 199.OC feet; THENCE S 29°28'40" W a distance of 37.08 feet; THENCE S 15°31'20" E a distance of 5.66 feet; THENCE S 29°28'40" W a distance of 53.00 feet; THENCE S 74°28'40" W a distance of 5.66 feet; THENCE S 29°28'40" W a distance of 74.00 feet; THENCE S 15°31'20" E a distance of 4.24 feet; THENCE S 29°28'40" W a distance of 14.75 feet; EXHIBIT "H" Ordinance 0-92-868 Page ~ of 7 THENCE S 74°28'40" W a distance of 4.24 feet; THENCE S 29°28'40" W a distance of 70.17 feet; THENCE N 60°31'20" W a distance of 199.00 feet, to the POINT OF BEGINNING and containing 55,143 square feet, 1.266 acres. 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 )rdinance 0-92-868 Page 5 of 7 are incorporated herein by reference including, but not limited to; those statements set forth in the Statement of Planning & Objectives from the applicant, Terry Evans, The Kroger Co. dated March 25, 1992 which is Attachment 1 to this ordinance; and the site plan for development of the above designated property which is Attachment 2 to this ordinance. Attachments 1, and 2 shall be incorporated in this ordinance for all purposes. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /9~ day of /V~n~~, 1992. ~ The second reading and public hearing being conducted on the o2 - day of 3 •nr , 1992. The third reading and public hearing being conducted on the )~O~ day of .~urle. , 1992. ATTEST: ~~ an Harris, CMC City Secretary CITY OF COLLEYVILLE 1 Richard Newton Mayor APP VED AS TO FORM AND LEGALITY: ~~ Ross T. Foster City Attorney ATTACHMB~IT 1 Ordinance 0-92-868 Page 6 of 7 The Kroger Co. submits this application for a special use permit to enable it to sell beer and wine for off-premises consumption at its grocery store presently under construction at the northeast corner of Hwy. 26 and Glade Rd. (legal description attached). We began construction on this store in January, 1992. Site development will be completed in July, including landscaping, with building construction and opening scheduled for August. Although additional retail will be built in the future, no plans are in process to construct any other building beside the Kroger store. The Kroger Co. is the present owner of Lot 1, Block 1; and the development is currently served by water and sewer. I, Terry Evans, do hereby certify that everything contained herein reflects an accurate portrayal of the general nature, character, and feasibility of the proposal. ~C ~ ~ ~ .~ 2-~~~~ Terry Ev ns Date a~- 1 "~ t t ~ _ 1 ~~ ~l~i u ~ .~ ~) ~! .llt ,J ~ ~, ~ ~ itltl ~! rR ~ !;;j~, ~~~ l~l's 11, j1 1 !l ! j~j~l1 Ili ~il~i ' ~ I J,• I ~~ i ~ 1 ij! {1'`~!et III ll~'1 ~`' ill l~ll: ~ ~tI ~It' \ - / - __ a4 /' u~ ~~ / ~S / - ~ / J ~' s ATTACIIMENT 2 _. -_. _ .. - _ _.. _:. - .-_ _ Ordinance 0-92-868 - Page 7 of 7 ~~° ~ i i ~ U ~ ~~ ~ ~~ W ~ J pp t~ ! tl' 1 ~ ~ W t ~~ _ _.. s~ ti a Ls ~j0 !1 $ 1 'i. i i r ~ - - - - - _ - f ~ sd • - ~ ~' < ~~ ~ ~ ~ i it 114'3 it q~q'~ ip j ~~ l e e ~ $ F ~ ff! ~•11~f•~~ t7~l ~~ ~~d~ r ~~ ! b ii ii3~ia~L 1{o i1~ s€~~ 1'~ 1E s ~s- li ... ~ 1 ~ 1 ~ c, lti(l Jet I ,N ' ~ \ .h~::r.. ~EF~< .~, \`\\\\\` ~ r<+. sr.wel/ fi't' ~J ~'\`. ~ it \~`'~ Sis~ ar..v !' ...f., j '• 3 •St. .O ~ a; ~ 's ~i' ~_ ~~JJ J s>:~:~::::~ ~ . ~ ~' '' ~ x~-'`~( v •~ ; i' ~: ' ~i Iii, _ .i: t !i _. - i~ ~ ' ~ -. n-R ~ u _ t ~ ~ '~:~ -~ ; T,. 1; i .~ ~. -: , :j, - .. i 1. !.. e~•~~\ S: t~ i W't^-t !i ~ N~ III ~'~}'. !~ ' ~ r, ~ 3• ~ -nw~ L ~ ;..-»r^t < ORDINANCE 0-11-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1 OF KROGER ADDITION LOCATED AT 4904 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF- PREMISES CONSUMPTION; 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. ZC11-025; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-11-XXXX Page 2 of 3 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 the sale of beer and wine for off-premises consumption on Lot 1, Block 1, of the Kroger Addition located at 4904 Colleyville Boulevard, as depicted on Exhibit "A", Exhibit "B" and Exhibit "C". 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. This Special Use Permit shall only apply to the use of beer and wine sales for the purpose of off-premises consumption as described in Exhibit "B" and depicted in Exhibit "C" of the existing 57,000 square foot area on the subject property. b. The front facade of the building containing the alcoholic beverage sales shall contain a minimum design score of 30 as described in Chapter 6- Buiding Design in the Land Development Code prior to the issuance of the Certificate of Occupancy. c. Prior to the issuance of the certificate of occupancy, a 24 foot access and fire lane easement shall be installed and dedicated consistent with Exhibit "D". The easement shall be dedicated by plat or separate instrument and filed with the Tarrant County Clerk. A copy of the filed recording instrument dedicating the easement shall submitted to the City prior to the issuance of the Certificate of Occupancy. d. The 300 foot distance requirement to churches, public or private schools or public hospitals is hereby waived by this ordinance. Ordinance 0-11-XXXX Page 3 of 3 e. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. f. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor Ordinance 0-11-XXXX Page 4 of 3 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Statement of Planning Objectives Dunaway No. 2010097.001 October 21, 2011 City of Colleyvilte Community Development Department. 100 Main Street Colleyville, TX 760334 Reference: Special Use Permit Request 4904 Colleyville 61vd. Dear Madam or Sir. Dunaway Associates, t_.P. is pleased to provide this letter along with the required infom~tation pertaining to the Special Use Permit Padeage to allow proposed Beer and Wine Sales at the above referenced location. Currency this location, previously a Kroger Grocery store, is being evaluated for use as a proposed Walmart Neighbofiood Market Grocery Store, As part of this proposed use, sate of beer and wine for offsite consumption is proposed., therefore a request for an SUP to sale packaged Beer and Wine is being submitted. The proposed Walmart Neighborhood Market would offer a quick and convenient shopping experience for customers who need groceries, pharmaceuticals, and some general merchandise. tt is estimated the store would employ approximately 95 associates. The existing building which the store will occupy is approximately 57,000 SF The proposed Walmart Market is antciaipted to open in the Spring of 2013, but may be accelerated. It is anticipated that the store would be open 24 hours a day, 7 days a week. Please do not hesitate to contact us with any questions ar concerns. I can be reached by phone at 817-335-1121 Sincerely, pUNAWAY ASSt7CIATES, L.P. a Texas limited partnership ,.---~ hristo e ° rggers, P.E. Principal/Project Manger Exhibit "C" -Site Plan -,- ~. '~ ~ '~, ~~.~ `_ ,, ~~,P~ '~ ~'~~ ~.. ~~~ ,~ -~ .,~ '• CJ %' .,,~ ~t't~ 4p ~~ - . ,,... __ - - - ,arrc ,, ,~ `tee.. uwy:' ,.. ..„ `...'' ! ,. ~ ~ ~ ~~ t ,,:,~ ~~~~ ~.~~~. >, ~ ~. 57,000 sq. ft. .. > __ .~ ~ r. :., ~ ~ ~ , .~ t .~ ,. ', ~, ~~ ~ •~ ..~ .. -~• : - _. ~,~ ~~~ , _~ .. ., ~. ~m, 'P.~ n ~ ~( - ~ ,, ., I f,, .. ,. ._,. ~, r ~~ ~ ~ s , ~. _ _".";, 1 , r i lk ~- ~ ~ ~ w.o ro "'L~"1~~ xy 4 a 1 F ~PJ ,. ... . , . _, ~.,: ~, .. f ~~tC C` U ~ ~ + -_ , e a ~ A . <~~e~,n^ w ~rr 1 ~~ Ki ~ 1 , .. . w ~. ,,..., °- _ _ r tsrnre xi~raurx 1~s1 s~ ~, _ --~ ..,•~.~ Exhibit "D" -Access and Fire Lane Easement -.. '~ ~ -~ .. ~~~ F" r~ ~ ' °`~ `t' p £ ,~ (~ 3 A ~ _ . i \ 1, ~ -r ,/ ~ .. ~~ ~ ' ' J''~ L max... f r s .,;ifls(! BtSE ,.__ t ~ / .- , ~ s .. .. { _ ., .> ,: s ~ t~ ~ l rr _,,.~..G~ _.n ~~ " a ,~ f. V ,,, 'lA ` ~ u' I~. ~ ~ a+ ~ \ ~.~. \ Y`~ . ` ~ ~ ~~ ~' ~.A ... nA L 6 "~ } ~ ~ .. __ `_'r. - a u~ ,.y ' „ ~ ~i ..... nr. a ,~ _ _ 1 ~- ... ~ +{~ P~~' _ max. .. .. ~ ... ~~.., ~-.- 3 ~.7 ! ~ Ci'r l a+.~..rnrm _... ~ .'p. ~... ~ ~ ~ I ~ ( ~ ~ ~ ... . ~ „ ., ~. ~ r ~: ~ '. ~ ~.~. ~ ' ~ -- _ .._ -r - ~~ ~ - ~ .T-' V . - C "~' < t YS Gt - '~ ~.. - t ~ ~ ~ _ e _ ~ ~ ~ ~ ~ ~ ~ .. _ ~, W. _- - .~- City Hall ~ - City ~f Co~~eyvi~~e 100 Main Street ~=~ Colleyville, Texas 76034 ,r,x.,~ 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 /14/2011 Agenda No.: 9a Controlling Body: Planning and Zoning Commission Final Action: 11/14/2011 File Name: Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 Attachments: Location and Zoning Map Notification List Lettter of Support Buffer Map Aerial Applicant's Request Site Plan Floor Plan Ordinance 0-07-1630 Ordinance 0-10-1784 Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/14/2011 Planning and Zoning Commission 1 11/28/2011 Planning and Zoning Commission Title Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 Explanation Update At the Planning and Zoning Commission meeting on November 14, 2011, the applicant requested that this item be continued to the November 28, 2011 meeting. Since the previous meeting, staff has received one letter of support which is attached to this agenda briefing. Jimmy Archie, of Realty Capital Corporation submitted a request to amend Ordinance 0-10-1784, Section 4(1)b under the permitted uses section. This clause states "not less than 100 percent of the air-conditioned area of Building (C) depicted on Exhibit "B" shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts" on approximately 0.8 acres, located at 5204 Colleyville Boulevard. The applicant is requesting to allow office as a permitted use. The City of Colleyville Page 1 Printed on '-'-azizu~ ~ Agenda Briefing Continued applicant did not specify a specific percentage of office use allowance. Rather, they prefer to leave the option open for an open percentage of office or retail uses. Existing Zoning. The original Ordinance 0-07-1630 was approved by City Council on September 18, 2007. This ordinance rezoned 2.8 acres of land from CC1-Village Retail to PUD-C-Planned Unit Development Commercial and allowed for two buildings. The northernmost Building (D) is completed and is three stories. Ordinance 0-07-1630 allowed this building to contain a maximum of 30 residential units on the upper two floors and allows office uses on the ground floor. The other Building (C) is permitted for construction as a 6,735 square foot retail building. Ordinance 0-07-1630 allowed this building to contain any use allowed in the CC1-Village Retail zoning district including office uses. However, in December, 2010, City Council approved Ordinance 0-10-1784 with the condition that Building (C) be 100 percent retail uses as condition for allowing Building (D) to have 100% office uses on the ground floor. The entire ground floor of Building (D) is now occupied by Baylor Family Medicine with a gross floor area of 11,625 square feet. Proposed Ordinance Amendment. The applicant is seeking to amend the existing ordinance by removing the 100% retail cap in its entirety. Master Plan. The Colleyville Master Plan designates the subject property for retail uses. Additionally, in March 2002, the City Council passed a resolution accepting the recommendations of the State Highway 26/Colleyville Boulevard Corridor Design Study as a guide for the preparation of ordinances and the establishment of policies for the future redevelopment of SH26. Goal 7 of the study states: "Where appropriate, developments should include a mix of uses, such as first level retail with second and third level residential, retail and office, and other similar mixes. Residential mixed-use developments should only be vertically mixed. " Surrounding Properties. The property to the north is developed as a church and is zoned CC1-Village Retail. The properties to the west are developed as single family residential and the eastern boundary of the Village at Colleyville and are zoned PUDC-Planned Unit Development Commercial. The property to the east includes office uses and the Central Fire Station and are zoned CPO-Professional Office. The property to the south is developed as amulti-tenant retail building and zoned CC1-Village Retail. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of support regarding the request. Summary. The request by the applicant is not necessarily consistent with the Colleyville Master Plan or the recommendations of the State Highway 26/Colleyville Boulevard Corridor Design Study given the allowance of 100% office uses on Building (D). If the applicant's request is granted as proposed, there is a potential that there would be no retail uses located on the subject property upon full leasing of the Buildings (C) and (D). Therefore, given that the applicant was able to use the entire ground floor of Building (D) for office space, staff recommends denial of the addition of office uses to the subject property. City of Colleyville Page 2 Printed on 77~Z7lZU7 ~ Agenda Brief-np Continued Recommendation Denial City of Colleyville Page 3 Printed on 11/22/2011 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDR OWNER CITY STATE ZIP SITUS ADDR First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005300 Colleyville Blvd First Ba tist Ch Colle ille 5405 Pleasant Run Rd Colle ille TX 76034 005312 Colleyville Blvd Hart, Ka L nn Foster 5301 Pleasant Run Rd Colle ille TX 76034 005301 Pleasant Run Rd Louis C Etux Elizabeth Miller 7802 Tillman Hill Ct Unit B Colle ille TX 76034 005303 Colle ille Blvd , Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd Colle ille, City Of 100 Main St Colleyville TX 76034 005209 Colleyville Blvd Colleyville Terrace Salon & Da 5201 Collyville Blvd Colleyville TX 76034 005201 Colleyville Blvd Allgood, Leslie A 16525 Preston Trail Dr Dallas TX 75248 005307 Colleyville Blvd Rcc Village Properties Ltd, a licant 8333 Dou las Ave Ste 110 Dallas TX 75225 005232 Colle ille Blvd Rcc Village Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005204 Colleyville Blvd Village Mana ement Ltd 8333 Dou las Ave Ste 110 Dallas TX 75225 000023 Mission Ln Villa a Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Managment Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Main St Villa a Monticello Prtns Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000014 Main St Villa a Mana ement Ltd 8333 Dou las Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Dou las Ave Ste 110 Dallas TX 75225 000018 Main St Villa a Mana ement Ltd 8333 Dou las Ave Ste 110 Dallas TX 75225 000020 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Main St Beam Real Estate Llc 14455 Webb Chapel Rd Farmers Branch TX 75234 005200 Colleyville Blvd Barnard Partners Xiii Ltd PO Box 37197 Fort Worth TX 76117 005301 Colle ille Blvd Liberty Bank 860 Air ort Fw Ste 100 Hurst TX 76054 005217 Pleasant Run Rd Liberty Bank 860 Airport Fwy Ste 100 Hurst TX 76054 005201 Pleasant Run Rd Public hearing notices were remailed on Friday, Oct. 21, 2011 by Amy Shellley. Letter of Support David. D. Kim, M.D., F.A.C.S. Certified Bariatric Surgeon of Excellence November 18, 2011 Mr. Ron Ruthven City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Support for Zoning Case ZC11-021 Dear Mr. Ruthven: Unfortunately I will not be able to attend any of the public hearings on Zoning Case ZC11-021, therefore, please accept this letter as my voice of support for the case. As you may know, I am a bariatric surgeon that currently owns and operates my practice in Colleyville at 35 Veranda Lane, Suite 100 in The Village at Colleyville. I am currently in the process of adding an additional surgeon to my practice and consequently will need a larger office space than our current building can accommodate. We are in discussions with Realty Capital regarding the potential purchase of 5204 Colleyville Boulevard, which would provide- us with the additional space we need. We understand the building does not currently allow office space and thus a zoning change is needed. Our purchase of the property is therefore contingent on the zoning request being approved. We believe medical office space is an appropriate use adjacent to the Colleyville Family Practice building at 5232 Colleyville Boulevard. My practice dedicates significant resources to the marketing of our services. One of the results that has come out of our marketing efforts is that Colleyville has become part of our brand. Thus, it is important as we look for a larger office space that we stay in Colleyville. The building located at 5204 Colleyville Boulevard is one of the only buildings in Colleyville that meets all of the requirements our practice needs. We are excited about growing our business in Colleyville and thus we appreciate your consideration of this request. Sincerely, David D. Kim, MD 35 Veranda Lane, Suite 100 Colleyville, TX 76034 Phone 817-581-6100 Fax 817-581-6127 Buffer Map 844 eve 5520 "'~~, 104[+ 5645 ,0~7 1104 ~i14 4 1 1 $03 806 X03 F 5,'at~7 ~"`~j 5412 ~..~~. ~ _~ ~'V 818 812 48 804 8011 5405 ~ 5408 ~ 1,~Or ,~/~ 5A 53 a 5.384 t 'Y ~ m~~.~ ~~»~_~ SOS 1?31 17 13 9 805 1 r '~~"~ 5401 5312 „~ aie /~1 . 5311 13 fi / `w(f~/ !f Fw3t~ ~r 53:9 °'~~ 5349 S 17 6310 „~, 5301 81'5 5307 5300 ~, 3 ~ ~. ,,, 1144 ray, ~ ~ 5232 ., ~~~ ~~r ~ ~ ~ 1 C~ ~1 L ~~' F,,7 1Vl 1 ~ ~- ~ 53[ti ~,~ ~~ ~ / 5209 ~~ 52D9 s 11tF1 i#D81112. 1116 113`0 5 1 ,,112 -`„`:,..ems 513. ~' 1100 ,,.., ~ ~ 3 5241 ', 510$ 5108 ~ ,111 1117 112. ~, 115 51 <"' 64 513 5121 .1144 108 113. 118 120 ua 41 ~ '"' 5150 5117 5 511 6'104 ~ bti 5115 5117 F,6 Brae , Aerial Applicant's Request The applicant is seeking a zoning change to Ordinance 0-07-1630, as amended by Ordinance 0-10-1784, in order to allow office use on Lot 2, Block 1, Village Front Door Addition (also depicted as Building C on the attached site plan). The original ordinance on this property (0-07-1630) allowed for office use, however, this use was removed from the property at the request of the City Council upon adoption of Ordinance 0-10-1784. The applicant is requesting to add office back in the ordinance as an allowed use. While retail and restaurant is still an acceptable and welcomed use for the property, the developer is requesting that the City allow the market to dictate the use of the building over time. Currently, the market demand is not for retail use at this location. At this time, the developer has entered into an agreement to lease a portion of the building to an office user. RECElV~C~ SEP 2 2 2011 Per ............. Site Plan _ .u«, ......... _ ,,,:.~ I ,. m ~a 4YX71 ;~'I~IAAi1l07 n~ Du~dw~n ~ul~~~wa`u3 :uw anofw .rwa ~>a NOIlIGO>r ~¢~a ~t} i •oul ~uao~ ~ uo14~DH'P~aBQO~ MOOOlNOi1d30r111A3N1 ~• ~a s ~" ~- ~lao,a'z ~ ~ ic, g~g~ j~~~ ~ & aoc w.s'+c u NY~d ills At1YNlwl'I~ud z a (~ i - - - \ Ali i i AAA ~4~ g I AAAI ~~4 i ~ A ~ ~ A } g M G $~~ kAA ~^~ ~~? AAA 2~~ F ~ E ~ ~ E ~ ~ ~ £EE ! I I I I A c A gggg <~ ~ t l i I h ~ ~ - ~ - ~~ ~ ~ .~ ~~ 6 ~~ ~y9 i . ~ S it e gR~ ~~~ 4~k s$$~ i~~ y gA ~~ s SL ~£ 1~A ~~ eegg~gF~(~ 6~~ ~}g@~j~' ~tle f~ a~ ~~~ ~~~~ ~ ~~~ ~ ~ B~ ~~ ~~ g~~ ~~~ ~ ~ ~ ~~ s~~~ g ~~ ~~~~p ~~~ ~~ ~~r ~°af 1~~~14 ~9~ ~~~~~ • + ~ jl t ~~ ,t#;I ~~~1 ~~a f 2 ~'',yl: yat:.: e ~° i,~ Y ~ I I 1 • ~ ~ ~ ~ ~~~~~~~s~~~~ II ~ ° _ ~ n ~~ `, `~ 1 \~ e. 1 'a "^. 1 ~ 1 `i, ` - - - -~~-1~~-~~-_.. / ' ~• 1~ MA/N ST1tt~ L ~~j t\' ~ ~i ~ ~ i s -~ ~#~~ r N ~. ,. 0 ti' h; ~V r ~ A I{f R~ i I i I. i ~ v~= ~~ W ~'a!' ae~~t WW4 V V CN I x, 1 I IR ~E~: ~~i ~~ ~~ ~~ ~~ :x li R is _. `,_ ~~ u waa C1....~ Dl~n V z a O O ORDINANCE 0-07-1630 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT AR AND BR, OF THE E.M. THOMPSON SUBDIVISION, AND LOT 2, BLOCK 1, FOSTER ADDITION, FROM THE CC1- VILLAGE RETAIL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL 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 a rezoning under Case No. Z-07-026; 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 the Planning and Zoning Commission, has given reasonable consideration, among other things, to 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 Ordinance 0-07-1630 Page 2 of 6 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 Lot AR and BR, E.M. Thompson Subdivision, and Lot 2, Block 1, Foster Addition, from the CC1-Village Retail zoning district to the PUDC-Planned ~~ Unit Development Commercial zoning district, as depicted on the attached ~ ~ Zoning and Location Map, labeled as Exhibit "A". i Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for office, retail and residential uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B"; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Colleyville a Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 3. PERMITTED USES a. A maximum of 30 residential units allowed on the second and third floor of Building D, as shown on Exhibit "B". Ordinance 0-07-1630 Page 3 of 6 b. All uses allowed in the CC1-Village Retail zoning district. c. All uses shall be in accordance with the Conceptual Site Plan on Exhibit "B". d. Not less than 50%, or 6,150 square feet, of the air-conditioned area of the first floor of Building D shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. e. Any floor of Building D may be used as retail and office uses. No residential uses are permitted on the first floor of Building C or D. 4. LOT REQUIREMENTS AND SETBACKS a. Lot requirements and building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "B", shall control where such building line setback is different from the Land Development Code. 5. OPEN SPACE a. This development shall provide a minimum of 22.9% common open space, as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. b. The amount of landscaping on the property shall be in accordance with Chapter 4 Landscaping and Buffering in the Land Development Code. 6. BUILDING ELVEATIONS b. All exterior building elevations shall be in accordance with the Building Elevations, labeled as Exhibit "C". 7. SIDEWALKS AND PATHWAYS a. The sidewalk along CoAeyville Boulevard shall be at least 5-feet wide. The sidewalk shall be installed when any new structures are built on the property. 8. SCREENING a. A six foot high wall shall be constructed along the northern property line and shall consist of a combination of stucco and wrought iron accents. 9. PARKING a. Parking for residential units shall be calculated at 2 reserved parking spaces per dwelling unit. b. Parking for non-residential uses shall be in accordance with the parking requirements of the Land Development Code. c. This development shall contain not less than 175 parking spaces. Ordinance 0-07-1630 Page 4 of 6 'I ~. OTHER a. Any modification to the creek on the west side of the development shall be approved by the City of Colleyville Engineering Department. b. Residential units shall contain not less than 750 square feet of living area per dwelling unit. A maximum of 5 residential units are permitted to be 850 square feet or smaller. All other units will be a minimum of 851 square feet. c. The average square footage of residential units shall total 1,000 square feet. d. All residential units allowed by this ordinance shall be subject to the rules and regulations of a single condominium regime. A copy of the condominium regime by-laws, approved and filed by the Tarrant County Clerk, shall be submitted prior to the issuance of a building permit on any residential unit. e. All buildings shall have fire sprinkler and monitoring systems. f. The maximum building height shall be 3 stories with a maximum height measurement of 56 feet. g. Prior to the issuance of a Certificate of Occupancy for any building, the property shall accomplish the following: 1. Complete construction of a bridge across Pleasant Run Creek connecting the subject property to The Village at Colleyville property. Such bridge shall connect the subject property to Mission Lane, which is an existing public street in The Village. The drive connection and bridge shall be dedicated as a public right-of- way. The drive connection and bridge width shall be the same width as shown on the Site Plan. The bridge will be located where the driveway currently dead ends into Pleasant Run Creek on the Site Plan. The bridge shall be constructed with similar materials and design as the existing bridge located at Main Street. A five foot wide sidewalk shall be provided on both sides of the bridge. 2. The property owner shall make improvements to Pleasant Run Creek from the north property line of The Village PUD south to Main Street consisting of the following: removal of debris and dead trees, construction of new water retention areas, fountains, and new landscaping. 3. Complete the construction of an 8 foot wide sidewalk, that may be a minimum 6 foot wide at the discretion of the City Engineer, within Pleasant Run Creek connecting Lot 1, Block 1 Village Court Addition to the proposed bridge. 4. The project sign featured on the building will read "The Village at Colleyville". h. This zoning ordinance shall be automatically repealed if a preliminary plat or preliminary drainage analysis is not approved within eight (8) months from the date of approval of this zoning request. Ordinance 0-07-1630 Page 5 of 6 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 ($2,000.00) for each offense. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. 8. THAT in addition to and accumulative of ail other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. r first reading and public hearing being conducted on the oZ S'"-day of 2007. second reading and public hearing being conducted on the ~~ day of CITY OF COLLEYVILLE :hia Singleton, TRMC, CMC Secretary ~~ , David Kelly Mayor Ordinance 0-07-1630 Page6of6 APPROVED AS TO FORM AND LEGALITY: ^~~~-~7a1 vJ Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH Exhibit B -Conceptual Site Plan \~ l l~ ~ ~ a ~ ~,, ' j`~ ~~Q t ~ ~ i °~' ~~ ~ ~~ I ,I -~~ i ~~ i '.. ~~ ~~ -, i -~ -, I 1 5 ~' -~• ~ / ' ~ ~ ' I ~ ~ I t ~ e ` ~r/ 7 i / ,r . ~i f w ~ ~ ~ ... ~ l I ~ f l ~ sHOps AT QULI~YYIIIB --~' ~~`; ~ ~• oa~vu$~n-s ,,.~ ~ ~ ! ~ ~ ~~~~i i ~ji k l 1 1 I~p p i g Exhibit C-Building Elevations ~i 2 n ~ m ~ ~ 0 o ~'' m ~ ~~ ,~ o ~m~ ~~ ~. 0 ~ ® { ~ ~ ~~~ ~~ ® ~~ • ® ~ ~~~ ~~ ~ ~~~_ .~ t~ ® ~D ~ a ~w ~ ® ~ ® ~~ ~~ ~~ ~ ~~~ - ~~~ - E ~ ..I I ~ I THE SHOPS AT COLI.E1tVII1B ^'~'°"'"~ ~ Aseoa~xaslr~c. ORDINANCE 0-10-1784 AN ORDINANCE AMENDING ORDINANCE 0-07-1630 WHICH ESTABLISHED THE ZONING OF LOT AR AND BR, OF THE E.M. THOMPSON SUBDIVISION i 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 j 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 0-07-1630 on September 4, 2007, to establish the zoning of Lot AR and BR, of the E.M. Thompson Subdivision, and Lot 2, Block 1, Foster Addition; and WHEREAS, the City of Colleyville has requested an amendment to Ordinance 0-07- 1630, under Case Z-10-028; 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 they overcrowding of land; to avoid undue concentration of population; toi facilitate the adequate provision of transportation, water, sewerage, j 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 Ordinance 0-10-1784 Page 2 of 3 i property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the Cit~ of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,: Texas, be, and the same is hereby amended by amending Ordinance 0-07- 1630 which established the zoning of Lot AR and BR, of the E.M. Thompson Subdivision conditions. 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 the Village Front Door Addition, depicted on Exhibit "A" and Exhibit "B". Sec. 4. THAT the above described tract of land shall be subject to the following' conditions: 1. GENERAL a. Ordinance 0-07-1630, Section 4(3)d is hereby removed and deleted. b. Not less than 100 percent of the air-conditioned area of Building (C) depicted on Exhibit "B" shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-10-1784 Page 3 of 3 Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall II have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-07-1630 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first re ding and pub is hearing being conducted on the f~~ day of 2010. The second reading and public hearing ~ n~~s-~~ .~.Q/1~ 2010. ATTES ~~ Cynthia Singleton, TRMC, CMC City Secretary being conducted on the ~~ day ofl CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Site Plan ~. -' Ys ~ t. s ~< J ~{? ~ t s •, i$ W .:' .[ ~ r r e~ f ~ -.. ,, ~~y _ F~ _y~ `! t- ~ ~3 r ~ ~ yy 1 ~u..+. ' , ~ :j yi~~.,j F ~1.\ Z • ~ O l ,, .. rg rm.. ~~ a ~ _ ~ o __- ~ b . - _. .....~ __: -. ~ r o ~ _~ F 3c - p~ _ '; sy Y is 3i ~ y~ ~ ,o ¢ w ~i- a .t u ^• x t ~ ~. 3 ~'~ r ~ C a : t E I W F _ V _ S ~ ~ ~ ~ ~ ~~ t i P t ~ ! ~ r3 ~ +~ SE hi 4 1 c ~ . ~ t S ~ A;y~~~5 ~IY~L ~ S 4l ,~! ~ '~~ FV, 3,A J j',6 3i~ ! ~ , 1 :,Vsy R~ p, =7 € = E ~ R;' ,~ F i'n~ ~ t~ srt r_ ,, ,.. ,~ ~ ~ y r~r ~r ~ ~~A. ~. 3 k' t < . ~ ' O' i E ! ¢ _... ~! S n. r. s !! 1 ? d ,. i (`t tea . i ~~ U { Y i x . 1 a ~~ r S a ,, +.7.. I~ i JY. Y Y tA. Y# ~ j,G } ~_~" v+ ~, r s '~ s~~ ~' v {:. a 9 ~' ~ X _ Y a ~h ~a•. I ~ , ~ .o `~a~ tt4 ~~ W: ~0 ?~V'.. 3 4 =_ ~ I ~~ i ~y: ' v n ~ rt v •, ; i ~ :~ f .. , ; ate ~ _. ~. n„y a ~ ~; __ ~~ xW - t a y ~' ,' i; r •:~, ~ I ,• y I } ~S &7 .:, ~ ~ _. 1 '~ ~ . , e Sib ~ f F 4~ -._ ¢C 1ji ~~ ^ ~'~ MAJN STgfEI ORDINANCE 0-11-xxxx AN ORDINANCE AMENDING ORDINANCE 0-10-1784 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 0-07-1630 on September 4, 2007, to establish the zoning of Lot AR and BR, of the E.M. Thompson Subdivision, and Lot 2, Block 1, Foster Addition; and WHEREAS, the City Council approved Ordinance 0-10-1784 December 7, 2010, amending Ordinance 0-07-1630 by changing the percentage requirements for office uses versus retail uses in the development; and WHEREAS, the City of Colleyville has received a request for an amendment to Ordinance 0-10-1784, under Case ZC11-021; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning Ordinance 0-11-XXXX Page 2 of 3 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 Ordinance 0-10- 1784 conditions for the Village Front Door Addition. 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 the Village Front Door Addition, depicted on Exhibit "A". Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. Ordinance 0-10-1784, Section 4(1)b is hereby removed and deleted. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-11-XXXX Page 3 of 3 Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinances 0-10-1784 and 0-07-1630 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 2011. The second reading and public hearing being conducted on the day of 2011. 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 3 ~ N M M ~~ a N ~ ~ ~ 4~ ~ F1 f10 Exhibit "A" -Location and Zoning Map