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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-5/29/2012~ 1 T ~ ~ F ~- COLLEYVILLE rr.x,a City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 29, 2012 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR 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 CALL TO ORDER AND ROLL INVOCATION: Commissioner Dudziak PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES May 14, 2012 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. REGULAR HEARING AGENDA ITEMS 3a Approval of a request for a minor plat on 2.3 acres on Tract 1A, Abstract 206 of the B.B.B. and C. Ry Survey located at 5016 Bransford Road, Case PC12- 006 4. PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Agenda May 29, 2012 4a Approval of a request for a replat for Lots 8-10, Block A and Lots 7-8 and 10-12, Block B, of the Covington Addition located in the 800 block of L.D. Lockett Road, Case PC12-005 4b Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 2, Block 1, of the Meadows Creek Plaza Addition located at 8100 Precinct Line Road, Case ZC12-014 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards May 25, 2012 by 5:00 p.m. Amy Shelley, Community Development Coordinator Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. ,T Y ~~. City of Colleyville "`r Planning and Zoning COLLEYVILLE Commission ~~ k ~` Minutes City Hall 100 Main Stree Colleyville, Texas 7 817. 503.1000 www.colleyville.c Monday, May 14, 2012 City Council Chambers Call Meeting to Order The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 14, 2012 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, David Wheelwright, Don Davis, David Phelps, and Jeff Byerly Absent: Commissioner David Dudziak Staff Present: Ron Ruthven, Amy Shelley, and Marty Wieder Invocation The invocation was given by Commissioner Wheelwright. 1. APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the April 23, 2012 meeting minutes with grammar corrections. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Davis, Phelps and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. PUBLIC HEARING AGENDA ITEMS 3a Request for an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code, Case GC12-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the zoning districts for the Special Use Permit (SUP) request. Ron Ruthven stated that the retail zoning Planning and Zoning Commission Agenda May 14, 2012 districts were chosen as opposed to industrial districts with the approval of an SUP. Commissioner Rotthaus questioned staff regarding the sale of gem stones with this use. Ron Ruthven replied that it is possible that gem stones may be sold and could be included in the ordinance however; the applicant could explain that in more detail. Commissioner Byerly opened the public hearing at 7:10 p.m. David McIntyre, the applicant, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. McIntyre regarding if gem stones are purchased. Mr. McIntyre replied that they do not purchase gem stones however sometimes gems can be embedded in the gold. Commissioner Davis questioned Mr. McIntyre regarding what type of chemical process is used to determine the amount of gold. Mr. McIntyre replied that there is a solution place on the testing stone and then the gold item is placed on the testing stone in that solution. Commissioner Davis questioned Mr. McIntyre regarding what type of refinery takes place with the gold. Mr. McIntyre replaced that they send the gold items to a center that melts the gold. He further explained that it does not take place on site. Commissioner Phelps questioned Mr. McIntyre regarding if the location that they want in Colleyville is a typical site. Mr. McIntyre replied yes, that they have over 200 sites nationwide, typically 800-2,000 square feet. Commissioner Knox questioned Mr. McIntyre regarding if there will be any special security in place. Mr. McIntyre replied that there are buzzers on the doors for controlled access. He further explained that none of the merchandise is stored overnight and there are no cash transactions done; the sellers receive a corporate check. Commissioner Phelps questioned Mr. McIntyre regarding how many employees are typically on staff. Mr. McIntyre replied that there are typically two employees per location. Commissioner Wheelwright questioned Mr. McIntyre regarding how the products are transported. Mr. McIntyre replied that the products are picked up by a carrier, usually UPS or Fed Ex daily. He further explained that there is not a safe on site. Planning and Zoning Commission Agenda May 14, 2012 Commissioner Davis questioned Mr. McIntyre regarding if any location has ever been burglarized. Mr. McIntyre stated that there was a location in Florida that was broken into and a television was stolen. He stated that no one has ever walked in a tried to rob the location. He stated that there are signs posted on the doors of the location, very clearly, that no items or cash are stored on site. Commissioner Wheelwright questioned Mr. McIntyre regarding what is the typical client and what is the typical transaction. Mr. McIntyre replied that a typical client is, usually 75 percent female between the ages of 35-54, and an average sale is eight items of about 350-400 dollars. Commissioner Wheelwright questioned Mr. McIntyre regarding if there is a certain demographic that is targeted for these stores. Mr. McIntyre replied that they find model stores are successful in the higher income areas. Commissioner Phelps questioned Mr. McIntyre regarding which location they are considering for Colleyville. Mr. McIntyre replied 5600 Colleyville Boulevard, Suite C2. Commissioner Phelps stated that this will be a two step process; this process for this evening is to simply add the use to the permitted uses in the Code with another application at a later date for an SUP. Mr. McIntyre concurred. Commissioner Wheelwright questioned Mr. McIntyre regarding if there is a database in place to check for stolen items. Mr. McIntyre replied yes, they work very closely with local law enforcement agencies. He stated that the state of Texas requires that they fill out Leads on Line which is shared with three other states for the tracking of the sales of such items as these. He stated that the items are held for a certain time frame in case the items are stolen. Commissioner Rotthaus questioned Mr. McIntyre regarding where the items are stored. Mr. McIntyre explained that the items are stored at the processing facility in Atlanta, Chicago, and Tampa, Florida. Commissioner Phelps questioned Mr. McIntyre regarding if the purchasing of gold is a retail transaction. Mr. McIntyre replied he believed so. Ron Ruthven replied not to his knowledge, for the purchasing of gold, at the municipal level. Commissioner Phelps questioned Mr. McIntyre if gold will be resold at this location. Mr. McIntyre replied that currently they do not sell gold, however some cities require that items, such as jewelry are sold as well as the Planning and Zoning Commission Agenda May 14, 2012 purchasing for the purpose of sales tax. Commissioner Phelps questioned Mr. McIntyre regarding if the additional sale of items works in the stores. Mr. McIntyre replied that it goes hand in hand most of the time since most of the items are broken and they are able to replace some of those items at that time. There being no one wishing to speak, the public hearing was closed at 7:20 p.m. Commissioner Phelps moved to approve case GC12-004 as requested with the addition to include the purchasing of gem stones. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6 -Knox, Wheelwright, Rotthaus, Davis, Phelps, and Byerly 3b Approval of a request fora Special Use Permit for an amusement center (indoors) on Lot 1R1, Block 1, of the Town Center Colleyville Addition located at 5615 Colleyville Boulevard, Suite 100, Case ZC12-013 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:24 p.m. Ed Reed, Vice President for Jump Street, applicant, came forward to present the case and brief the Commissioners. Commissioner Rotthaus questioned Mr. Reed regarding if this location will be a typical size for Jumpstreet. Mr. Reed replied that they have a varying location with a good ceiling height. He said most are between 40-50,000 square feet but that the Colleyville location will work well for this use. Commissioner Rotthaus questioned Mr. Reed regarding how much of this location will be used for dining versus jump. Mr. Reed replied that the dining area will be around 1,500 square feet with the rest being jump surface. He further explained the jump areas. Commissioner Rotthaus questioned Mr. Reed regarding if the dining area is more of the viewing area. Mr. Reed replied not necessarily, he stated there will be other areas for seating and viewing. Commissioner Wheelwright questioned Mr. Reed regarding if alcohol is served in any of the locations. Mr. Reed replied no and that they do not feel that Planning and Zoning Commission Agenda May 14, 2012 those are a good combination. Commissioner Davis questioned Mr. Reed regarding what is the age of the oldest person that has used the facility. Mr. Reed replied 78 years of age. Mr. Reed explained that they do not allow any outside food or drink in the facility. Commissioner Phelps questioned Mr. Reed regarding what types of precautions are taken for emergencies. Mr. Reed stated that the court monitors pay close attention to the jumpers and will shut a section down if there is an injury. He stated if the injury is more than what they can handle or the parents can take care of, then the fire department is called. Commissioner Phelps questioned Mr. Reed if there are a minimal amount of medical supplies on hand. Mr. Reed stated that they keep ice packs and band aides on site. There being no one wishing to speak, the public hearing was closed at 7:31 p.m. Commissioner Davis moved to approve case ZC12-013 as proposed. Commissioner Knox seconded. The motion to approve carried with the following vote: Aye: 6 -Knox, Wheelwright, Rotthaus, Davis, Phelps, and Byerly 3c Approval to rezone 1.0 acres from ML-Light Manufacturing to CC1-Village Retail with a Special Use Permit for a wedding Chapel on Lot 1, Block 1, of the Chandler Addition located at 1701 John McCain Road, Case ZC12-011 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:37 p.m. Rita Feragne, applicant and property owner came forward to present the case and brief the Commissioners. Commissioner Wheelwright questioned Mrs. Feragne regarding if alcohol is served on the premise. Mrs. Feragne stated yes and that they comply with the State laws. Commissioner Wheelwright questioned Mrs. Feragne regarding if they provide the alcohol. Mrs. Feragne replied no, they supply the licensed alcohol server. Planning and Zoning Commission Agenda May 14, 2012 Commissioner Phelps questioned Mrs. Feragne regarding if they no longer wish to perform weddings at this location. Mrs. Feragne replied that they are trying to move as fast as they can. Commissioner Phelps questioned Mrs. Feragne regarding when they are going to be in their new place. Mrs. Feragne replied that they are hoping to be in their new place by September 1St Commissioner Phelps questioned Mrs. Feragne regarding if staff has stated the options if this request is denied. Mrs. Feragne replied that she was told that if the request is denied then she will be shut down within 10 days. She further explained that she has 20 weddings to perform for the summer. Commissioner Phelps stated he understood that the applicant would have 10 days to appeal to City Council. Mrs. Feragne replied ok. Commissioner Wheelwright questioned Mrs. Feragne regarding the number of weddings scheduled. Mrs. Feragne replied that there are about 20 scheduled but most are drive by weddings. Robert ~~Jerry" Boone, 7019 Rosebrook, came forward and spoke in opposition to this request with concerns for the notification process. Howard White, 7013 Primrose Lane, came forward and spoke in opposition to this request. Mark Corder, 7009 Primrose Lane, came forward and spoke in opposition to this request. There were 11 persons who registered their opposition but chose not to speak. There being no one wishing to speak, the public hearing was closed at 7:55 p.m. Mrs. Feragne came forward and stated that she is moving her business and stated that the noise complaints are based on her photography business. Commissioner Phelps questioned Mrs. Feragne regarding the east side of the building, is that a covered patio? Mrs. Feragne replied that there is some covering to block the sun and it is not enclosed. Commissioner Wheelwright questioned Mrs. Feragne regarding when they started holding weddings there. Mrs. Feragne replied about three or four Planning and Zoning Commission Agenda May 14, 2012 years ago. Commissioner Phelps questioned Mrs. Feragne regarding the new buyer and their use. Mrs. Feragne replied it is a quite manufacturing business that has to do with hospitals, a 9-5 business. Commissioner Wheelwright moved to deny case ZC12-011. Commissioner Knox seconded. Commissioner Phelps stated that he sympathizes with the applicant however the proposed zoning change is not appropriate for this area. He stated if a new applicant or a new business wishes to change the zoning, then the Commission can look at that request at that time. The motion to deny carried with the following vote: Aye: 6 -Knox, Wheelwright, Rotthaus, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 8:05 p.m. Minutes were written and prepared by: ~'~illy~;~,ta~L::~i ~ Amy Shelley Community Development Coordinator G l T Y ~ F CC}LLEYVILLE 1' F `{ A S City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 05/29/2012 Number PC 12-006 Type Regular Agenda Items Department Community Development Title Approval of a request for a minor plat on 2.3 acres on Tract 1A, Abstract 206 of the B.B.B. and C. Ry Survey located at 5016 Bransford Road, Case PC12-006 Explanation Jeff and Susan Quinn, property owners, are the applicants fora 2.3 acre tract of land located at 5016 Bransford Road. The applicants have submitted a request for approval of a minor plat that will consist of one residential lot. Zoning. The property is zoned R40-Single Family Residential with minimum lot width and depth requirements of 150 feet and a minimum lot area of 40,000 square feet. The proposed lot meets the width requirement and minimum lot area requirement. The Planning and Zoning Commission approved a previous plat that consisted of two lots for the subject property at the November 23, 2009 meeting; however, since the plat was never filed with Tarrant County, the plat has expired. Existing Conditions. The lot is vacant and currently being prepared for a new single family residence. Sidewalks. The Land Development Code requires sidewalks on Bransford Road and an option to escrow in lieu of construction for the sidewalk on Lloyd Circle. The sidewalk on Bransford Road must be a minimum of five (5) feet in width and the sidewalk on Lloyd Circle, if constructed, is required to be a minimum of four (4) feet in width and installed when any new structures are built on the property. Parkland Dedication Fees. Parkland dedication fees will be required prior to the filing of the plat. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the plat for Bransford Road and Lloyd Circle. Tree Removal. The builder has been issued a tree removal permit for all trees that have been removed from the subject lot. Tree Preservation. All remaining and existing trees must be protected per the requirements of Chapter 5-Tree Preservation in the Land Development Code. Before construction begins on the site, protective fencing must be installed around all City of Colleyville Page 1 Planning and Zoning Commission Agenda Briefing 3a preserved trees located outside of the building footprints. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all zoning requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approve Attachments 1. Location and Zoning Map 2. Aerial Looking West 3. Applicant's Request 4. Plat Exhibit Location and Zoning Map Aerial Looking West .~ - _~-_ .:t ,~ w 1 ,~- ~-` ~~ ~4 -`= ~ ~ q -'~ ~~ J~.~~~~~-r':- . yyr ~ ~, ~~ -°~~_ ~ .. - ~: it !'~'.: "4:, m f f ~ ~_ ~~' ~ _ A ` r r ~ ~- -~.. ~ - a to F . ~ F j V- YJyY ~Y-` -~ __ ^ 4 ^. I r' i <_ d ., Applicant's Request OVERVIEW OF PLATTING REQUEST PROPERTY OWNERS: Jeff & Susan Quinn 1208 Westwood [}r. Keller, TX 75262 PH 817.307.2635 BUIL[}ER: Marbella Custom Homes -Larry West PO Box 2081 Roanoke, TX 76262 PH: 472.741.2819 SUMMARY: The Quinn's purchased what was described to them as Lots 18c2, Block 1 of Bransford Pointe Subdivision. At both Lot Purchase and at Bank Construction Loan Closing there was no mention of platting needs. It wasn't until submitting to the City Of Colleyville for a portion of the Permits that it was learned. The Quinn's will be building a mostly one story 6899 sgft home on this property. !believe we are requesting that this property be platted as one piece consisting of 2,4ac of land. We have received Grading Permits and have submitted for Building Permits on the construction of this home. Any help to expedite this plat approval is greatly appreciated as we will be sitting idle until Planning and Zoning approval. If there is any additional information needed you can contact either Susan Quinn or Larry West and we will work quickly to accommodate any additional needs. ego s, Larry e t~ Marbella Custom Homes 972.741.2816 Plat Exhibit ~: § yyy yy $ apag a Bggya~E~~ 88$~~ R ~ ~ ~ C ! ~9aW ^ ~~ ~a~8~ ~~ °~l~E43jE~ ~~. ~E ~ j 7 ! EY ! ~ ! ! ~ gg g$ r EE C ~~. aP€~ ~ e yy~y~~ ~€~4~8~~1 s ~ I !, ~ E~g ! ! gag~~ ~~~qbq@$ ~@~33~ LQ $ g ~zg I 3~~ _ j g~~ a i i i d~~ 3~Sg~ ~~a~~~ $~afaBE~a~a~~ I ~~~ ~ I i ~~~~ ~ ! i I ~~gp ~~ ~ ~~@.._~ i~ tY~'~~~4~ ! ads i !. ~~~~ i ! ~ ! €p '$p g/a ~~Y A9 aa@ GE$8~8 8~ ~ Bs~~y~ Ezpa ! ~~~~ I ~ ~ $E$ ~ ! x $_ = tl -yyyy~_ p~ FF ggg€ gg44E~gggg ~i~ ~ $ $ ~y$~ ~a :~$$xG . a~~ ~ -E ~ p~3g~$g~gg a ~ s=`~ E ~ Ee[ E ~g~E3~E==~"°~~~~~ ` QE 3 ~~`~g€~ e F ! ~~ ~ ~ ~ ! z ~~~ ~ g r~ ~ i g~ g~ ~ ~g~ ~ 8~ ~ ~ I~ ~ _ ~ ! !~ ~ a a Y Ea J~8i~tEyy5 oo~pp ~ a3€EE€€ ~ I $ i$~ a a 5S5g3g3sp~p 3~ 2 g ! a §a ~ppg1p3p3 gg ~ g! E~ ~~.•~~E~tl£~E~$i3 ~ €I[~SFas~aEB~ ~ ~6 :~ 468 b 4 s ~ ~~ £$ 56~ E § ~I2 V F~~ ~I~i U Q -~---- ~~~ ~~d ~~ r ~e ~_ ', u~ m ge ~x ~~ W c t Z~N `~ 3 ~ y i B~ sE Y ~ ~a ~~=E~ ~~ $~~~ a~ a5~aMa ~~~ ~s~~ ~ 9, ~~ ~~ = sep5 ~s s~ ~~~~ . ~ ~ ~~~~ ~3~~~~m ~m~ ~~~g~m ~~~'s~m ~g~°s_g sa 5~~ i ~ ~ ~ ~~~~€ w ~ +p~~pp ( uW X38 5 ty.~ o ~3~a ~ $ I ~ ~ U o~ a a m u ~ ~~~ A q ~ ~'~ ~~ [. "V ~~ Y~3 Q a ^ aidi C9 ~ C ~ I I P ~ v ~ ° 53~ ~~ g~ ~ ~ ~~@~Y ~ z pp ~ ~~ - _ O ry Q o ~ d r T ~ j ~. ~ s~ ~; ! £~ I I €~ a !~ ~ ! ~! ~g~~ I ,".a bi 53 I I I I ---- -I G l T Y ~ F CC}LLEYVILLE 1' F `{ A S City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 05/29/2012 Number PC 12-005 Type Public Hearing Agenda Items Department Community Development Title Approval of a request for a replat for Lots 8-10, Block A and Lots 7-8 and 10-12, Block B, of the Covington Addition located in the 800 block of L.D. Lockett Road, Case PC12- 005 Explanation Robert Romo, the applicant and property owner, has submitted a request for approval of a replat for the Covington Addition located in the 800 block of L.D. Lockett Road. The purpose of this replat is to remove the 20 foot wide private pedestrian access easement along the rear of Lots 7, 8, 10, 11, and 12, Block B and to provide a 20 foot wide drainage easement along the rear of Lots 8, 9, and 10, Block A. Chapter 8 -Plat Review Procedures of the Land Development Code requires that any removal or otherwise any abandon of any easement or right-of-way shall require approval by the Planning and Zoning Commission. The removal and addition of said easements meets all of the requirements of the Land Development Code and does not require any waivers. Zoning District. The designated zoning of this addition is R20-Single Family Residential. Existing Conditions. The following is a list of the current conditions in this addition for the lots contained in this replat request: Block B: Lot 7 =Home being constructed Lot 8 =Vacant, undeveloped lot Lot 10 =Building plans are under review Lot 11 =Vacant, undeveloped lot Lot 12 =Constructed home Planning and Zoning Commission Agenda Briefing 4a Block A: Lot 8 =Constructed home Lot 9 =Vacant, undeveloped lot Lot 10 =Vacant, undeveloped lot Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approve Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial Looking North 5. Plat Exhibit Location and Zoning Map -l~ ~~ -I~ F~-~ ~~ 6008 h 6001 ~~~ Lots 7,8,10,11, ~ 724 72i] 7''~' 7 12 748 12, Blocl<B 6001 [~~ & Lots 8,9,10, i3 727 Block A 715 - - fi021 605 8IB 723 719 ~ r 7 60'1 ~ 6{717 72~- 72{l 7'16 712 666 60 '~ ~ T ~~~~ C10 pp - 727 f ~. _ ,~ - ~} 7'19 7~1r~ 711 6609 1 ~ r ' 005 606 5 6005 ~1 3 6~7G 726 716 712 { ~ 6001 58 H 9 Et61 7~I9 715 711 707 1 610 __ 5 5806 ~-~,~ 58 03 _ .I 588 708 3 ~ 2 71G 712 570 701 _ . 705 609 7C7 5708 x712 Notification List OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS American Bank N A PO Box 849 Keller TX 76244 000719 Lockley Way Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000704 Lockley Way Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000708 Lockley Way Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 006021 Sherston Glen Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000711 Lockley Way Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 006017 Sherston Glen Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000712 Tappen Shire Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 006013 Sherston Glen Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000711 Tappen Shire Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 006009 Sherston Glen Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 006008 Chalford Common Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 006005 Sherston Glen Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000712 Duns Tew Path Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000720 Duns Tew Path Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 006001 Sherston Glen Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000707 Duns Tew Path Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000711 Duns Tew Path Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000719 Duns Tew Path Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 005812 Chalford Common Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 005808 Chalford Common Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 005803 Chalford Common Ashton Dallas Residential Llc 8111 LBJ Fwy Ste 1500 Dallas TX 75251 000712 W L D Lockett Rd Bonn, Frank W Etux Sheila 724 Tappen Shire Colleyville TX 76034 000724 Tappen Shire Croney, Edward J & Nancy M 2409 Twelve Oaks Ln Colleyville TX 76034 000727 Tappen Shire Daniel, Glenn & Tracey 2204 Gunnison Trl Frisco TX 75034 000715 Tappen Shire Hohmanm, Kendall Etvir William 715 Duns Tew Path Colleyville TX 76034 000715 Duns Tew Path Jefferies Custom Homes III Ltd 317 Arbor Ln Haslet TX 76052 005816 Chalford Common Lindsay, David 715 Lockley Way Colleyville TX 76034 000715 Lockley Way Milligan, John 720 Tappen Shire Colleyville TX 76034 000720 Tappen Shire Newton Team Homes Inc PO Box 1162 Colleyville TX 76034 000723 Lockley Way Stone, Kimball A Etux Misty D 716 Tappen Shire Colleyville TX 76034 000716 Tappen Shire Trs Custom Homes Inc 7004 Rosebrook Colleyville TX 76034 000716 Duns Tew Path Wellsheim, Matthew Etux Cheryl 719 Tappen Shire Colleyville TX 76034 000719 Tappen Shire Robert Romo, applicant 1221 N. Interstate 35E, Ste. 170 Carrollton TX 75006 applicant Public hearing notices were mailed on Friday, May 11, 2012 by Amy Shelley Buffer Map 508 51]U9 51 l75 600a 5101 6~0~ 6a0a - 6000 ~~~ ~ 724 720 ~~ ~ , ~~ ~~~ ~ ,~ 50J[1 6[111 ~ ~ ~ - - ~.,_ ~ ~ ~~ X913 727 _ .I .~`!~ `+~ i 516 71~J 715 7 F a 1 5{]21 G13 , ~ 605 - 723 . _ ~ 601 905 5909 ~- ~~ -- 5~J17 72CJ 715 712 5{16 N 60~ * ,r[ ~ 04 5'95 ~ V ~ ' 5904 TF~ ~civ N ~F~- C~U13 '' . ~ Rio ~~~ pp f~ 727 I ~ ~ 5!0(1 ~ i ~ 719 d 15 711 ~~ 6~1D9 5901 ~ ~ ~ l I~ 513 605 5815 1 6005 5~~5 5~9 ~ ~ 72C] 716 712 ' ~ _ ~ 5513 S$1~ _... 53 ~ ~~ ~ iv ~ ~ 11'~ F~ ~ T H ~ 58x9 ~ 719 71.5 711 707 1 2 55!18 ~31~a "~ ~ °~ 58~k1 580:5 a€~D8 r ~~~~ I I 5801 7~ ~ 3 ~ 2 5800 0 5801 ~~ ~ ~ 71G 712 L 570~a 705 701 6~t19 ~a519 7Q7 v: j 570 5708 5712 ' SSr $p1 575 6 iS05 5G1 5705 Aerial Looking North Plat Exhibit y~~~ $~k ,;- << Y>i(I i e~~ ~* ~ =txrd 7(T[ i0[ a, st x~aw' a~rw t~Xt HO[ un ~ ~ , ,, r zaeza ~ ' '. i U ~.y '~" tX' ~ ~'. d ~"" ~ w Q ~ G .-~ t3 `Z; ~ . ~ ~ ~ m ~ ~ ~h~~~ z ~:~ ~ H ~ ~tl~_ ~~ ~z ~ ~ H ~ ~~ 0 a~~ r sr~a~ ~ ~ ~t. ~ r ~~ e ~ ~ ~ ~ =~py °~- p ! ~ _ z `ri __ wi s`~~ ° ~~~ - .' .~-----. __~____ ----- N~rJ ~ ~-~:-~- I ' ;~ I ~ I ' E ~ I (1' ' ~ i~~~ I z e~`v k~ ~ i °i t Q !~~ ~ ~ ~~~ ! ~ ~ t I ~ i I !~ X i ~ I I ~~~ ~ 3~ 1 `~~ I r--~ __ I i i t ~~ ~ I ~ ~ t .~ ~ 4i ~ e u w~ \~~ ~ ~ l ~ ~ #$5 ~~ ~~ i ~ G ~ ~ 1 ~ ~ i 1 ' ~ ~ ~ ' ,;;~;, .,~..o» ~ ~ i ~ 3 ~ i 4 ~ .~ r I ! ~~ ' ~~' I caai I 1 i~ ~ ~ ~ ~~ ~ ~ I ~ ~~ ~<a l s ~, 1 I ~ ~~ \ f f ~-_-__-------- r ~ g~ ~ ~ ~__- ~ _ _-^~- a t' ~~~ ~ p~a " ~ ea ,Rf9YC'i 3.00.00W N r~rav ~~: ~~~~~ ~~ ~g~ ~ ~ ~~~~ if ~~~~ ~~=z . ~~ ~~~ ~ ~~~ ~~i~ @i, y~ ~~~q ^~ ~M! { xs ~~~ ~~ 'Q~< ~ ~a ~ _~ :~ G l T Y ~ F CC}LLEYVILLE 1' F `{ A S City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 05/29/2012 Number ZC12-014 Type Public Hearing Agenda Items Department Community Development Title Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 2, Block 1, of the Meadows Creek Plaza Addition located at 8100 Precinct Line Road, Case ZC12-014 Explanation Jeff Jones, US Memory Care, LLC, submitted a request to amend Ordinance 0-10-1761 to revise the building elevations on approximately 4.9 acres, located at 8100 Precinct Line Road. Existing Zoning. Ordinance 0-10-1761 was approved by City Council on August 3, 2012. This ordinance rezoned 8.0 acres of land from CC2-Shopping Center to PUD-C- Planned Unit Development Commercial and allows for an assisted living and memory care facility. City Council also approved Ordinance 0-11-1803 on August 16, 2011 which further amended the development requirements for the subject property. Proposed Ordinance Amendment. The applicant is seeking to amend the Ordinance 0-10-1761, specifically Section 5(b) Buildings - in order to change the front building elevation. Since building elevations are an attachment in an approving ordinance, any changes to such elevations requires approval of an amendment to said ordinance. Staff has included the original building elevations and the proposed building elevations to this agenda briefing. The applicant is proposing to change the primary architectural feature of the front building elevation by replacing the tower feature with a large chimney element that includes flagpoles as opposed to the larger feature in the previously approved ordinance. The applicant states that the perception of the building appears institutional rather than residential with the original elevations. Based on staff's analysis, this would have the effect of reducing the overall building design score from 38 to 37. A minimum score of 30 is required under Chapter 6- Building Design in the Land Development Code for all new commercial and institutional buildings. Surrounding Properties. The properties to the north are zoned CC2-Shopping Center and are developed as Liberty Elementary School and office uses. The properties to the east are zoned PUDR-Planned Unit Development Residential and developed as single Planning and Zoning Commission Agenda Briefing 4b family residences. The properties to the south are zoned PUDC-Planned Unit Development Commercial and are developed as an office building and undeveloped. The properties to the west are located within the City of North Richland Hills and are single family residential uses. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The portion of the subject property to be utilized as the Alzheimer's facility does not comply with the plan as it is considered an office use. However, the portion of the subject property that will allow future CC2-Shopping Center zoning district uses complies with the Colleyville Master Plan. Public Notification. Staff notified 36 property owners within 200 feet as well as all Homeowners Associations 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 regarding this request. Summary. This request only involves replacing the building elevations and would not affect any other existing zoning provisions. The request would have the effect of lowering the building design score from 38 to 37. Recommendation The Planning and Zoning Commission has the following options regarding action on this item: 1. Recommend approval of the request as submitted (with listed conditions in the proposed ordinance); 2. Recommend approval of the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Recommend to deny the request. Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial Looking North 5. Statement of Planning Objectives 6. Original Building Elevations 7. Proposed Building Elevations Planning and Zoning Commission Agenda Briefing 4b 8. Ordinance 0-10-1761 9. Ordinance 0-11-1803 10. Proposed Ordinance Location and Zoning Map r~~ ,, ~=~~o~ ~~a~ s~o~~ ~~ C5[}1 QED x420 r~.21 0421 ^ , ^ "' [`416 6~ 17 6~ I b _ lam' 17 ~ SI~~ X412 6412 G~13 ~~ ~ C:~40€~ 64C1~ 6469 ^ ~ tl~~ i;4 64L6 646# 6445 ~4~J 63[4 ~ ~ ~ ~ ~ -~{ ~~~ a~sz 63~J6 63L4 63t}Q G3~11 Site ~, ~~~~ 6~G~'I O 819[} 81 #~{~ 622 6212 OC ~22~ fi~i~ ~ ~LT~- ~ 83 D4 ~~~ 622 "1 `- } J I~~ 621 f 62fl8 ~r U _ ~12~9 •U h' ~~~~ ~ 84~9+~ ~ ~i~'()~J a N2~4 62[76 r ii21 ~ 6213 a~~o _ ' (~ 6212 6209 p'LTL~-~' 12x1 62.tJ8 6266 a~ ~~7 62..04 6261 1101 ~ 1013 Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS 8190 Precinct Line Partners 8333 Douglas Ave Ste 110 Dallas TX 75225 008190 Precinct Line Rd Bojl<u, Afrim 5309 Collyville Blvd Colleyville TX 76034 008192/008194 Precinct Line Rd Gray, Randy K Etux Donna M 6233 Cimmaron Trl Colleyville TX 76034 006233 Cimmaron Tr Hall, Stanley Dean Etux Gail A 6229 Cimmaron Trl Colleyville TX 76034 006229 Cimmaron Tr Ihle, Shauna 6212 Cimmaron Trl Colleyville TX 76034 006212 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 006400 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano PI<wy Plano TX 75093 000925 Talbot Tr K Hovnanian Homes Dfw Llc 5808 W Plano PI<wy Plano TX 75093 006300 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano PI<wy Plano TX 75093 006232 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano PI<wy Plano TX 75093 006228 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 006225 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano PI<wy Plano TX 75093 006224 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano PI<wy Plano TX 75093 006221 Cimmaron Tr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 006213 Cimmaron Tr K Hovnanian Homes-Dfw Llc 5808 W Plano PI<wy Plano TX 75093 006205 Cimmaron Tr Keller ISD 100 Main St Fort Worth TX 76102 001101 McDonwell School Rd W Lavaca Trail Llc PO Box 69 Colleyville TX 76034 008090 Precinct Line Rd Lavaca Trail Llc PO Box 69 Colleyville TX 76034 001201 Lavaca Tr Ledbetter, Scott V Etux Leigh 6220 Cimmaron Trl Colleyville TX 76034 006220 Cimmaron Tr Mobley, David D Etux Cheryl A 6301 Cimmaron Trl Colleyville TX 76034 006301 Cimmaron Tr Rcp Cedar Creel< Parl< Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 008180 Precinct Line Rd Rcp Cedar Creek Park Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 008194 Precinct Line Rd Riewe, Kermit M Etux Dusti 6217 Cimmaron Trl Colleyville TX 76034 006217 Cimmaron Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001013 Lavaca Tr Stanley, Larry J & Lynnette M 1101 Lavaca Trl Colleyville TX 76034 001101 Lavaca Tr Velie, Bradley Etux Penny 6216 Cimmaron Trl Colleyville TX 76034 006216 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006525 Talbot Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006209 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006208 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006204 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006205 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006304 Cimmaron Tr, HOA property Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006524 Cimmaron Tr, HOA property Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006405 Cimmaron Tr, HOA property Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006201 Cimmaron Tr, HOA property Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006200 Cimmaron Tr, HOA property City of North Richland Hills 7301 N.E. Loop 820 N. Richland Hills TX 76180 courtesy notice US Memory Care, LLC 14881 Quorum Dr. #250 Dallas TX 75254 applicant Public hearing notices were mailed on Friday, May 11th by Amy Shelley. Buffer Map .. , . 852` ~ ~ ~ , , 8~6~ :~2a F~=r. cep() 8521 65'8 8'~18- 'e15 6`,' 8 - ~~' 8 8517 6`•' 2 5.1 ~~8® 851 ?~1'a 851c 851' 8 ~i~ B5C17 851! Feoe BF~a~ _cas kA:a~ ' ~4~a 50.3 s5o>e. B`°.D o3 ~~8~ 3ti2~ 1 d , B~QU - 843 821 Y~ ~~i `X18 ~1p, ' 8.11 ~ i X18 69'? : c~16 ~' F~1? 1 .~1d ~ 51916 6412 F54` 64'~ ~'-~ c~08 G'' ce86 640.: c~q9 '1c, nepg ®3 :=~f,' ~~~lll I'~.} ^J rn g F.7g? (f ~~2 ~ _~ ~ y~,_,8 ~ ~ r 63+,1 +,tEl]~1 .a R.%.', ~ ~~~,~ ~ 63Q' r 0 81f~G 5184 a.-t . ~1~ r«` , ~_°-' tt-::p ft.'~-~ _ ~~ .221 ~ ~ ~ ~0.~ ~ J R^nu ~ c:^_0.2 6 ~ 5~rD5 v c .A~., ~~a i B~CiS _ ~ ~,., 4 R. n. •~ ! ,~^ L a ~ 8~1E: 82':'3 _ ~L"P~; 8~'2 c4QQ '201 620.5 c~2t)5 5aaa 1101 :;~,,,~ 101.3 moo. ~1 813 ~r,_a T~, L ~,Q „~ ~,,~ 8'1F u 8166 ~1~ c~184 c~105 ~~?A 8~:„_E 6,,~,1 Aerial Looking North ~ a„ ~,~.,.. , 3 +~ ....~r~ I. .i ., ~ f _ , ` Z f~ L r • #1 ~ r1 •! L ~;~'= .• a - ~ ,~ '; ~ J . ~ ~ t ~.i 7 ~ ~'i_____._ ''~~ ~* e *4! ->~ ~r~~Y~ -r~s._~k,;:r ~r ''S1`•-~~_.. -'~ '~ ~~ nr.,:rM-~ri .s`' ~~ a +. i .t "~ ~ ~ ~ - ~ ti _ _~ ~ ~~' •~r ~ i 1. - ~~a Statement of Planning Objectives Zoning Application Checklist, Item C "Statement of Planning Objectives'° The zoning amendment is only intended as a minor modification to the previously approved building elevations. Previous planning objectives have not changed. The tower is being perceived as an institutional look rather than a residential look from the resident's perspective and has triggered unachievable requirements and casts. We propose to replace this feature with a large chimney element and flagpoles. The applicant feels the proposed building elevations are still consistent with the existing zoning Exhibit d. Original Building Elevations -~ -c,' ., ~- O O ~: O z 0 a w J w F w 3 O z 0 a w .~ w w N O ~9 oar x Proposed Building Elevations N s 7 ~ p x M O_ # .N z Q ~~ _ E ;L .`_1 W p~ g. ORDINANCE 0-10-1761 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE~ZONING OF TRACT 1B1, ABSTRACT 1154 OF THE R.H. SURVEY FROM THE CC2-SHOPPING CENTER ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFEC"I'IVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC10-017; 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 Con~imission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, 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 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 0-10-1761 Page 2 of 6 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 1B1, Abstract 1154 of the R.H. Survey, from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" and as described in Exhibit "B". 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 an assisted living and memory care facility. b. This facility shall be licensed as a Type A and Type B Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. c. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. All uses permitted in the CC2-Shopping Center commercial zoning district shall be permitted as part of this development but shall be limited to the 3.02 acre tract adjacent to Precinct Line Road as described in Exhibit "B". 3. HOURS OF OPERATION a. Deliveries to the facility for food service and general delivery will be restricted to 7:00 a.m. to 7:00 p.m. daily. rr Ordinance 0-10-1761 Page 3 of E 4. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "C", which shall not be considered the prelirrlinary plat. b. "fhe developer shall submit and receive approval from the City of Colleyville a minor plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 5. BUILDINGS a. The maximum square footage of assisted living and memory care space for this development shall be 60,000 square feet. b. Building elevations shall be consistent with the elevations shown on Exhibit "D". c. There shall be no more than 14 cottages allowed for this development and the total occupancy for all cottages combined shall not exceed 18 persons at any one time. The cottages shall not exceed one story in height and there shall be no cottage entrances j facing to the south. The cottages shall only be available to friends or relatives of the residents of the assisted living facility allowed by this ordinance and shall not be rented for any reason nor shall they be sold I.Inless they are sold in conjunction with the entire facility. d. There shall be no windows or openings on the second story of the east side of the building. e. Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents. f. For the assisted living facility, there shall only be one ornamental architectural feature that is allowed to exceed 35 feet in height provided said feature does not exceed a I~naximum height of 50 feet. g. The front building setback along Lavaca Trail shall be 25 feet for the tract containing the assisted living facility only. Otherwise, all i building setbacks shall comply with minimum requirements of the Land Development Code. Ordinance 0-10-1761 Page 4 of 6 6. OPEN SPACE a. This development shall provide a minimum of 38.28% cornmon open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit "E". b. "fhe distribution of landscaping on the property shall be in accordance with the attached Exhibit "E" labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4- ~, Landscaping in the Land Development Code. 7. SIDEWALKS AND PATHWAYS a. The trail along Precinct Line Road must be at least ten (10) feet wide. The sidewalk along Lavaca Trail must be at least five (5) feet wide. The trail and sidewalk must be installed when any new structures are built on the property. 8. PARKING a. This development shall be required to have a minimum of 71 parking spaces. 9. LIGHTING a. All light poles shall be no higher than 18 feet and lighting shall be of a boxed can style and directed away from adjacent residential properties. Illumination from light poles shall not exceed 0.5 foot- candles as measured from any portion of the property line. 1 ~. FENCING AND SCREENING a. A six (6) foot wrought iron and masonry fence with stone columns shall be constructed along the property line adjacent to Lavaca Trail. b. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure 'the view from the residential lot, use or district to everything below the roof eave of all buildings in the assisted living facility. The fence shall meet all front setback trans arenc re uirements as re uired p Y q q by the Land Development Code. ~~ F~ Ordinance 0-10-1761 Page 5 of 6 c. All gates shall meet the gate requirements of Chapter 14- Engineering Design Standards of the Land Development Code. 11 cirNerF a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a Fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above 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 ~lJ ~ day of <'~,,r~c~r 2010. The sec nd reading and public hearing being conducted on the O~ ~~ day of ,~.~.~ 2010. Ordinance 0-10-1761 Page 6 of 6 ATTES ~~ j\~ ,c_~c_. ~_. ~. Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE `--~~1 David Kelly l Mayor ~! J. 1 Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map ~~ w~~ ~ ~ ~. ~~ ~ . ~~ ~~ ~~ ~~ ~,~ ~ '~ ; ~' site ~ ~~ ~l~ I~ ~~ j ~ I ~ it 6'~i ~'` ~ ~~ ~~ Pa~~~riurt Line ~:d. ~. ~~ ~zzs s s2~~ ~~~~ ~2~ ~, i~~~sc~ ~ ,r ~t '~ ~ ~ R~Q ' ~ _~ ~ ; 4 ~ ~ ~ R ~ v1 ~ ya1 ~ ~a ~~ ~.L .~~~i ~a- ~~ t ~~to ~ lr ~~ 9'~~'a ~~~, V ~ b~~b i) k '~~ ~y ~ ~~ ~ I ~ N - ~ ~ ~ ~ ~ W ~rµ ,..,,;r N ~ t ~ a* ~~ t~09 9c~13 ~ ~~ Exhibit B -Legal Descriptions ~.~12 ~~ k'ro~erty Deserptdn l~lcittg n 3,0'2 ~itra tract an Ir,~re:cl o' land sikLated in the R.N. lricF~vi€tg Survey, Abstract No. 1 I54 in t}ie City of Calleyti~ille, Tanaitt County, Texas, sflid tract being a Imr€ian of a tract of land conveyed. to at RCP Cecitr Creek Y~trk, Ltc3 ns dcs~:ribcd in Document Nu3nber D2Q53045G3 of the- Dewed. Itecards of 'l'arrarit CauttLy, 'i"ex~s, satsl 3.012 Acre trtt~ct n3crce partccilarly descnbed by metes and bavnds as fallocvs: S1gGINNlNG at a Texas l~eparkmectt oaf Trancpartatian brass disk in corucratc found at the southeast cutb~k of the interseetian oI' t}xc north line at Lavaca. 'I ~i1 X60' ftt:3Vu~ and. tttt a~+cst lino of I',Ial. Higlt~vay Nv: 3429 (Precnek I,itte Rand} (+veria6le width It~ti~~); Thcnaic~ Nartl~ 45°#P1'36" ~~+est clang said. cut}~ck line for a distance of 35.33 fact to m 'foxes I~psrtment of Trett,Sportnkc~lt grass disk found for c€artter in the enst line of seed F,M. Hgh~~ay.3029; Tltetice; North 00°15'2G" Wes€ clang the east line taf said P.M. Highway 3.029 for a distance aI- 3I0.00 feet to an "x" its concrete found far corner st the south~vcst corner of Lat 3, Blae;k 1, IV1eadQU!s Creek Playa, wit acldtton 4o ilia City rif Calicyville accnrc}ing tc+ tiro plat thcrcc~f recorded in Cabinet ~, Slide 10~1a 1 of the T'lat Reconls of Tarrant Cc~ttnty, Texas; Tl~e~tce: South ~9~'S5'Otl" V4~est with the snutl~ line of sand i of 3, k3laek 1, at 2t}'2.~'`# feet Massing an "x" fi~utxl in cr~ncrute dt the stau#hcast cvnier of said Let 3, 131n€k 1, same being. t]ae sc~uthwcst corner €if LUt ~, Slack 1, Meadows t/r~}c Plaza Addition an additicsn to the. City of f_.c,.lle}~il1c acc~ar€ling to the plot retarded ire Cabinet. A, Slide 11536 of the Plat ItecptYts of °fltrrant Counti~, Texas, arnd t~ntinttirsg along tfie south line of said Let 4, Black 1 n total distance of 339..921`eet to an "x" f~aund in concrt;tc far earner nt the sautltieast corner of said Lai 4, Tidock l; '1'ltence: South OOa(35"0(3" ~~4~sist for a dlstancc df 4;~.~1 feet tv a Paint forc~amer;. TJteitce; Saudi 23~'4~#'40" liast far a distance of 2T2.a2 feet to a. paint for comer; 't'licnce: Sautl~ 0(3°05'00"'U4Fest fQr a distance cif ~t1.3? fi;et to a point fcir corner in the north line of said T~avaca Trail; Thcnte: North 89°55'€30" T.st tivith tine north line of said Lautica "l"ra} fcir a distance of ~"?3.~i9 fLCt to tike POINT C}F' RF,wa.iN'NING an:l eon#airtin~ 3.02 acres of land moire or less. 5.(!6 Arc l'rvperty Descr~~ian Being a S.t7C> acre freer tin parcel of larid starated in the R"l~l. McEwinp, Suxr~ey, A6st~ct lVo. 1154 in the City of fcslleyvilfe, TarrAFli County, Texas, said tract being a txrxtigp of a tract a~f land ctinvcycd to RCP Cedar Creek Park:, t,td Ass drscrilred in DUCaatnent iVurnlaea' Il2t}53tD4SQ3 aff the L7eeal Records cif Tarrant County, Texas; said 5.(}b Hera; traa;t ina3re particularly desa;ribed by tnetcs acid baacarads as follows: CUZw9MEi1lCING at a Texas 1Je;rartriient crf Transportation brass disk found at the southeast etaibaek line a~f fhc w€.st Iine crf F.?tid. l•iiglrw~ry 3ta2~ {Prc~nct Laic road} (variable width right of ova}~) and the north ].irrc of L€avsacaa Trail (fit)' RC?~r}; `L7resrce; Svutla $A°SS'f7Q" w'rst with the; rra.rflt line of said LAVara:€t Treii for u distance of 423.69 feet to the PC11:~T OF BEGl7~NiNG; Tltencc: Narttl i7t}°4}5'i9Cl" 1~est l'or a distance of ~l .82 feet to a paint for corner; Tlra=nee: IJcrrth 23°~i9'~U" Wa:st for a distance arf 372.12 feet to a paint far comer; Tha:nce: Narfh QU°US't}{1" West at 43.$1 feet p~s~ing aft "~" fntrrid in concra:tc At tlxa< sarutheast corner of Lart 4, Flack 1, Meadovrss Creek t'la-ra Addition, An Adatiticxt to the City of Cvlleyville per fire plat rtrrdetl in Cabiara:t ~, Aide 11.53x5 of the Plat Retards of Tarrant County, Texts, and eontinuing altang an east lire of said [.ait 4, Bloch A, a total distance of 77.$4 feet tai a point for comer; T'hersee, ltia~rth t!3°!T'S5" West ~4~idr east litre cif srlial LAt 4, SIUCk A, fair a distance of 134.2~~ feet to a lxiint fur eorner; `l'laetioe: ~'~r-th i?2°45't?~4" West foa~ to dist;trice crf 1 p3.f~0 feet t4 a fioirrt far c:umrr in the: north line of said RC.P C:etlnr Criwl~ PflrPc, Ltd tract, said point laen~ the rrvr-h.east earner of sand Lot ~, l'llna;k 1 r t~~8etidaw Creek Plaza Addition; Thesaee: Struth $9°Si'~l}" t~4`est 4~rith ~tltu aiDtil~ line of said [iC~ Cedar Creek Park, Ltd tract far a distance Qf d,27.3~ feet fcr a ~iril fvr ucrrnea~ at then©rthcast corrx;r oi' said [tCP Ca:d.cir Creek Park, [.td tract; 'l'Itearca; ~oirth Cl3°~l7'13" Nest t~rith the east line arf said 1tG-l' Cedar Creek Pstrk, Ltd tract f¢r a distance cif GE}3.2t3 f~4t to a point for corner at the sautltr;ast c~rrner of said RCl' Cedar Creek Park „ I.td tract, said paint lrcing in the nc~rtlr line of said Lavaca 't'rail; Thence, North 8'~°5S'0(1" East ~vitlr tfie youth line of seta[ [tCt' Ca;dtu' Creek Park, Ltd tract, earns being the nottli line of Bald Lavaca Trfll tv the Pi~INT O' >l3~GI,NNIIVG and a:a~ntainirl¢~ 5.0~ aches of land rnorc err less. Exhibit C -Conceptual Site Plan ~ , I t I f 4 ~ ~ '~Ts1N niua:c~r f~ I ~ u ~" I ~ I ~ I ~ - -~ ~~ __~-=me_~~.~ E~i~"F~=~1r¢ ~ ~ t - ~ t TRACT II r-- ~ ~ >.lmY'~ ~ ~ ~. it. ~ ~O~AC I E~ ~ I I ~ a ~ j I , s ~ ~ ~~ ~ I, ~f ~_E?s~.nrvs ~, Pxi1 _ ~s ~ f ~ r I ~ ~ . _ ~ ~ ~ ~ ~ I ~~ ~~'inC1tY : ) I ~ ` 7 ~~- ~ Ift ~ r ! I ~ 'i, ' f' I I \ ~ I 1'~ ~N \ ~f ~ AlSTR ! p - y~tD . ~~= l f I ' I ' I ~ ~ a ,rw~ ~~ ~.~ P~f ~~suufN~ Iw e~A.~Rr i ~ .. `f ~ ,;~ ' P emnamn ans~ 1 ~ti~ ~ .~aaee he la~ I , I . ' ~ +~ ` ' I I I .n~r~tvr:~.v~+ir~,~x n,ir _~ _ ! {~ ~ ` rJ61a~v~s^Sa w. R .fit 4ak:t ~ - y ~, ~ ~ ~ ~ ~ h - t». ~ 3 *. z~kYM.°~ r i I G I I' ~ , ~ i I I ~,` k ~ rte ~~ »k~aa ,~u.~` I l) ` . i ~ ~ ~ ~ ~ ~ I r~ ~ ~ ~ , `~ ~ "" z~1 f k ~ ~ ~~ ~ ~ ~ I I I ' _z ~,~ wz,~Y ~ r FUTUR F~.d °rldo _ SIAFIafsdM ..~ E ~ ~ ~ 7 \ ~ itEY i€ ~;ian.; Rea13~MVf I I ~ I I e ~ TRACTiI :~ ~ ~ ` y ,.. ~ ~ 3.p2 AG d 1 ~ . ~ g ~ { ~~ -4{ y' ~ IM1 ~ ~~ I ~ ~ I I i ,` 2 ` I ~ ~ a ~ ~ t I 9 ~_----_-~ly:~Y~l~s_ _, I ~~ ~ I I ~ ' I ~ -------J~----L- I I ~ I ~ __.~ ~~ Lavaca T~-a~ll ~ , .A .., ~_.,~ Rc a ~ ~ : ~ I ~ a3~ S!~'I' PJ a~ ° '° r I ..,, ?:;Ntl~: Zr{~k ~. ~~ I , Exhibit D -Building Elevations Exhibit D -Building Elevations Cont. Exhibit E -Landscape Plan I' i ~ ~~ ~ 1 ~ I res i ~ ~ ! ~t ~.. ~ ~ w :• ~~ . ~ i ~ ~ ~~°Flacr+~~ ~ ~ ~ ~, .. -~w. e. ~ ~' ~' fit! a, ~ ~ ~ ~ ~.qqa:; 1 ~ ~~ ~ ~ rat' 1~ ~ ~ i t ~~ ~ li:na~a~t wai } ~!I ~~ i I I~ ~__ 1 II i ~ ~ x ~ «,rt,~ II ~ w~r~v.xa ~ i a a1-Fly ~ F- [am~tnbro~ ct U412 ~ f -~ ~ ~ _ _ _~.-_ ~ ~ r ~. ~~ j I ~ ' ~~ ~~~ - _R~_v~aa+r -~. ~ ~ ~ ~a - ~ 8 t sr~v ~. r =~ a„ ~ ` l rusk ~ E.' I ~ x~ulY [~IdTUR ~ { ' I r bEV~1b.OPp1€~kT ~ c,~'7,s1?s~b;r:,:~~:::~` 1+ f ~ ~~ .. .~ i ~ ~ i .., 4 ~ +~ ' ~ I I I ~~ ~ ~: s.. I ° ~.° ~-~. ,. ~ ,.: ... .. -- .: .. .. _J,.~...._~ .. ,. ~,. ... ~ L~Va,Ga_ Trail ; ,,~..._ J,. _ Idta_kia4r I~, 1 ORDINANCE 0-11-1803 AN ORDINANCE AMENDING ORDINANCE 0-10-1761 RELATED TO TRACT 1B1, ABSTRACT 1154 OF THE R.H. SURVEY 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 0-10-1761 on August 3, 2010, to establish the zoning of 8.0 acres out of the R.H. Survey, Abstract 1154; and WHEREAS, the applicant has requested an amendment to Ordinance 0-10-1761 to further amend the commercial zoning district requirements on approximately 8.0 acres out of the R.H. Survey, Abstract 1154 under Case ZC11-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, 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 0-11-1803 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, 'TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and 'the same is hereby amended by amending Ordinance O- 10-1761. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on Tract 1B1, Abstract 1154 of the R.H. Survey, as depicted in the attached Exhibit "A" and as described in Exhibit ~.B„ Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. LICENSING a. This facility shall be licensed as a Type B Alzheimer Facility by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to issuance of the final certificate of occupancy. 2. CERTIFICATE OF OCCUPANCY a. The facility shall be allowed to open under a temporary Certificate of Occupancy for a period not to exceed five months prior to the issuance of the final Certificate of Occupancy. 3. WINDOWS AND OPENINGS a. Clear story windows shall be allowed for natural lighting of the first floor common area only. Said windows shall not be accessible from any walkway, hallway or catwalk such that a person could look out of the window from the inside of the building onto any adjacent residential properties nor shall there be any windows or openings for Ordinance 0-11-1803 Page 3 of 4 any second story or higher rooms. Interior lighting shall not directly illuminate through said windows or openings nor shall the interior lighting devices be visible from any adjacent residential property so as to be seen through said window or opening at night. 4. EXTERIOR WALL CONSTRUCTION MATERIALS a. In lieu of stone or brick, pre-fabricated cementious fiber board, such as Hardie Plank, shall be allowed as an approved exterior wall material on the east and north elevations of the primary structure for the first story of the building only, provided that said material does not exceed 25% of the total exterior wall material for said elevations. Said material shall be installed in a lap board style only. In addition to stone and brick, stucco shall be allowed as a primary masonry material for the east and north elevations as well. b. The following statement serves as a clarification to Section 4(5)e of Ordinance 0-10-1761: Pre-fabricated cementious fiber board, such as Hardie Plarik, may be used for building accents on the south and west elevations of the primary structure. The portions of the primary structure that may be considered as accents are dormer windows and gables only. 5. FENCING AND SCREENING a. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the Memory Care facility first floor windows to the adjacent residential lot first floor windows. The fence shall meet all front setback transparency requirements as required by the Land Development Code. 6. SIGNAGE a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. The sign may advertise for multiple tenants located within the Meadows Creek Plaza Addition. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 6. 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. 7. 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 Ordinance 0-11-1803 Page 4 of 4 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. 8. 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. 9. 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. 10. 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. 11. THAT Ordinance 0-10-1761 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The fir reading an public hearing being conducted on the ~ day of 2011. The se nd reading and public hearing being conducted on the ---~ day of 2011. /J ATTE~ In ~ l C l CITY OF COLLEYVILLE ynthia Singleton, TRMC, C ity Secretary APPROVED AS TO FORM AND LEGALITY: ~J J• Matthew C. G. Boyle City Attorney ~~ David Kelly Mayor Exhibit A -Location and Zoning Map Exhibit B -Legal Descriptions 3.0~ Ac Pro~mert~~ I3tscriptan I3eiu~ A 3.(12 acre tract ctn puree! ctf land site~ffted in fire R.N. McEwirt~ Survey, Abstract No. 1.154 in the City cif Colley<<ille, Tarrant Cx~unty, Texas, mitt tract being a itar4ion of a tract ctf iapd conveyed #a at itCP f;edar Creak T'arT:, Ltd as descnc~d in Doc~ement Number 1~2053t54503 of the 17eed. Records of `i'aetant C+~anty, Texas, ss~iti 3.t72 ttt:rc tract more paiticwlarly described by metes and. bounds as fallorvs: BEGINNING at a T~cas 13elaarttnent of TransFartatian brass disk in concrete found at tl sctuttst cutbsclc of the intersection of the north line of L~t~rttca 'T'ail ~~0' RCi~ ~tnd rho west (irtc af1'',M. High+r*ray No. 3(729 (Precinct Lute Ready (variable width i~OW}; Thence. North 45°44'3b" `Vest along said cutback line for a distance of 35.:33 feet to a Texas Department ctf Tran„spat~atistn in•~ass c[isk found far comma' in the east line of said F.~OI. }ii~hway 3t7Ltl; T1tic:neL. North {7Q°15'~b" West slang the east iin~ of saki F.M. Hi~hw~ay 3029 for a distance of 3111.00 feet to an "x" in concre#e forted fctr canter at the sauth~vcst corner of Lett 3, Block 1, Meadows Creels P1aaa, an at[dttittn to the t;ity t>f Collcyville Rt:cordin~ tU the Flat thereof recorded in Cabinet ~, Slid( l X661 of the Plat Records of Tarrant tattnty, Texa$, Thence: Swath $4`'S5't?b" tiV'est with fife setutlt line of s~t1d l.nt 3, 131c~c!k 1, at 2(52.73 feet Fassir~ an "~c" found in cttttcrele at tkus southeast cont~r of said I;at 3, 13tock 1, Name Ding tltc st7utlt~Mest c©rner of Lot ~4, Black !, ~I~dQwrs Creek Plaza Addition ap additie~n to the City of CotleyviE9c acCOrdin~ to the Flnt recaried in Cabinet A, Slide 11 S3ti ctf the flat lecords of Tarrant Gotutty, Texas, and continuing al©ng the south lime of said Lat 4, B]ctek 1 m tetra! distance of 339;92 1"eet to an "x" found in concrete for earner at tltie southeast carper of said Lit 4, L31ock l; 'T"hent:c; South Ut}~'U5'(}t7" fVest €or a dist;innac of 43,1# 1 feef to a Faint. far +~rtter; ~"ltettce: Sou±h 23°49'44'1" L`'as't fr~r a distAtt~:e of 272.52 feet tc~ a point for corner= Tltrttcc. South 011°Q5'{1t5" «'esi T'ar to distance ttf'41,~7 feet to a Fctint for ct~rne:r in fhe north line of ~a1d. Lavaca Trail; Thence; North S~°5.5'+317" East ;vith the nartlt line t7f sAid T.av:ics 'Grail for a distance of 423.59 feet to the POTNT OF 13F,C~INNTNw and contttitvn~ 3.02 Acres of land more ar less. 5.0G Ac F'rppcr#y Description &eing a S.fIC acre tract t~tt parcel of lErntl 3'atuuted in tht: R.N. Mc1~avng Saevey, At~stract Na. 1154 in the City of Calleyuilly, Tarrant County, Tcaas, said tract tieing a lxartian of a tract of Iand ~:anve)rcd to RCP Ceder Greek Park, i,.td as described in Dmcument Numlaer Lt2053t145©3 aC the Deed Records c~C Tarrant l'.nunty, Texas; said 5.0{i BCre tract more particularly described by metes and 6otands es toilo;vs. Cf31VtI4g~l~CING at a Texas De~rrntent e~f Transportation bras disk ~fot~nd at Elie souEiie~st cut6ttck line of the west Inc aCF.M.1°ligltsuay 3Q29 {Yrccnut Line Road} {+~2triablc width right of wa}~) t?nd the north line of Lavaca Trail {GO' FLC]W~; Thence: Sautlt $9°55'00" West with the north lin~• of said Lat~ttcA TrFdl i`or t~ distance of 423.0 feet to the Pt}I~T f)F BFGTN1tli1~(C,; Thtnec: North 00"fl5'0~Y' West far tt distance of 41.82 fit to a paint far earner; Tlte:ncc. North 23"41J'~0" West ftar a distance of 2-72.4?._ feet to a point fhr corner; Thence. North Op~OS'4L3" 'Jest al 43.81 l'cGt passing an "x" fot~ttd in concrete at tiro southeast cortter of` Lot 4, I31ack 1, Meadows Creels Plana Addition, an additiatt to the Gity a~f Ct~}le~ville per lire plat recorded in Cabinet A, Slide 1153f~ of the Plat Records of Tarrant C;caunty, 'Texas, and continuing slang an east line of said l,ai 4, Black .'~, a t4ta1 dista~tce of 77.84 feet to a point for corner, 7~hence: lvorth d+°i7'S5" iVrst t~~itil east line of saa l,at 4, Block r't., Car a distance of l 3~t.2a feet to a lk~int. Czar earner; Tlteuce; h'carth fJ2°45'04" ~k`est far tt disl3nce of ] 0390 feet to a paint. far comer in the north. line of said FLOP Cedar Crs~ek Park, Ltd tract, said paint leing tFre nortfteast eortt~• of said Lot 4, 131ack 1, t~4eadaw Creek Plsaa Addition; Th~~a~. South 89°SS'0€t'' 1'Jest v~htlt i}te tt©rth li~nc- bfsaid RCP Ceadar Creek Park, I ~d traca far a distance of 477.37 ,Feet t©a paint for corner at itte tiarthatt3t Warner of said RCP Cedar Creel: Park, l..td tract; 'F`ltenoe. Satath tl3°47' 13" tilrest ~vitl~ tlic cast line of said 1LC~P (;edAr Creek bark, Ltd tract for a distance of 603.20 feet ton pauit for earner at the sout}teast corner of said 1:C1' Ccxlar Creek Park ,Ltd tact; said. paint being in the north line of said I.ttvaa,a °l`rail; Thence: North 89a'SS'00" L?3st with the south line of said Rf~l' Ged~ar Greet F~tn•fc, Ltd i~l'aet, carne lyeing tlte~ noKh lint; oCsaid Llwaca Trail to the )PC?IIW'T O~ 13F(:)fNNI~G ant4 c~rntaining ~.t?6 acres of laai<1 mare cr ]csa. ORDINANCE 0-12-xxxx AN ORDINANCE AMENDING ORDINANCE 0-10-1761 RELATED TO LOT 2, BLOCK 1, OF THE MEADOWS CREEK PLAZA ADDITION 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 0-10-1761 on August 3, 2010, to establish the zoning of 8.0 acres out of the R.H. Survey, Abstract 1154; and WHEREAS the City Council approved Ordinance 0-11-1803 to further amend the commercial zoning district requirements on approximately 8.0 acres out of the R.H. Survey, Abstract 1154 under Case ZC11-014; and WHEREAS the applicant has requested an amendment to Ordinance 0-10- 1761 to further amend the commercial zoning district requirements on approximately 5.0 acres out of the R.H. Survey, Abstract 1154 under Case ZC12-014; and WHEREAS the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the Ordinance 0-12-xxxx Page 2 of 4 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. 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 0-10-1761. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on Lot 2, Block 1, of the Meadows Creek Plaza Addition, as depicted in the attached Exhibit ~~A" and as described in Exhibit ~~B". Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. BUILDINGS a. Building elevations shall be consistent with the elevations shown on Exhibit ~~C". Ordinance 0-12-xxxx Page 3 of 4 Sec. 6. 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. 7. 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 ($2,000.00) for each offense. Sec. 8. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 9. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 11. THAT Ordinance 0-10-1761 and 0-11-1803 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5t" day of June 2012. The second reading and public hearing being conducted on the 19t" day of June 2012. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _ day of 2012. Ordinance 0-12-xxxx Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit ~~A" -Location and Zoning Map ~,. rr,~ I ~ . ~:~ , ,; ~E°-UU F~~t ~° °~ ~ 150 i ~ - ,~ f ~ , I~s, 1 ~ ^ ~ ~ ~~? I n ~d 17 ~d 1 ~ ~r-17 ^ ~ l31'3f,~ ~ ~ rl l ~ f, r,~ 1 ~ !~ I ;~ ~ AI~d: - ~I-'i~ - „1 ~~-. ~ _~~i' ~i32 r ~:ju~i t-'a~°I f 'k"1[I I I, sl~~~~ ~ Site ,i= ~: " I~,~~~ . ~ 13Ca1 ~3 11141 -'~ ~ ~" 31 ' r.~S l1 h ~~' _ .~ ri'y'13 '~j7 1 ~ ~~1 {,~ ~ ~t~~ ~ ~ I;.'• Y7~: ~ ~~r' ~i d~ `, y " ;~° ~_.'. ~ 1.~ ~J~,, I _ ~~" -'~ - 1~f1 I ~~114': fr~S ~~}~$U ~fc1141'- ei~?I l'I 1+~~ q ~.I]13 Exhibit ~~B" -Statement of Planning Objectives The coning amendment is only intended as a minor modification tea the previa~sly approved building elevations. F'reviaus planning objectives have nat changed. The touter is being perceived aS an ~nstit~t~ionaf look rather than a residential !Dolt from the resident's pers~aective and has triggered unacf~ievable recl~irements and costs. VVe propane to replace this feature with a large chimney elerraer~t and t]agpc~ies. The applicant feels the proposed building elevations are still consistent with the existing zoning Exhibit ~. Exhibit ~~C" -Building Elevation