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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-5/13/2013City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 13, 2013 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 Wheelwright PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES April 22, 2013 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Commission Agenda May 13, 2013 City of Colleyville Page 2 3a Consideration for a zoning change from AG-Agricultural to PUD-R-Planned Unit Development Residential on 53.2 acres on Tracts 1F andf 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case ZC13-001 3b Consideration for a Special Use Permit for a Package Store on Lot 3R1, Block 1 of the Andy Felps Addition located at 3919 Colleyville Boulevard, Suite A, Case ZC13-003 3c Consideration for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 5, Block 3 of the Southgate Addition located at 3709 Wayne Drive; and approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2, Block 1 of the Covenant Christian Academy Addition and Lot 1R of the Colleyville Presbyterian Church Addition located at 715 and 901 Cheek Sparger Road, Case ZC13-004 3d Consideration for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville Boulevard, Suite 240, Case ZC13-005 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards May 10, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant 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. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 05/13/2013 Number Type Approval of Minutes Department Community Development Title April 22, 2013 Explanation Recommendation Attachments 1.P&Z Meeting Minutes - April 22, 2013 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 22, 2013 Executive Conference Room CALL TO MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on April 8, 2013 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, Don Davis, David Phelps, Jim Gotcher, and Jeff Byerly Absent: Commissioner David Wheelwright Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Dale Crown, Rob McKeown, and Matt Butler (City Attorney) INVOCATION The invocation was given by Commissioner Dudziak 1. APPROVAL OF MINUTES Commissioner Phelps moved to approve the March 25, 2013 meeting minutes as corrected. Commissioner Davis seconded. The motion to approve as corrected carried with the following vote: Aye: 6 - Knox, Dudziak, Gotcher, 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. REGULAR AGENDA ITEMS Planning and Zoning Commission Commission Agenda April 22, 2013 City of Colleyville Page 2 3a Approval of a preliminary plat on 6.4 acres on Tract 3B, of Abstract 1543, of the George W. Teeter Survey located at 1301 Glade Road, Case PC13-003 Darren Cain presented the case to the Commission. Thomas Hoover, on behalf of the applicant, came forward and briefed the Commission. Commissioner Dudziak questioned Mr. Hoover regarding the terminology used to describe the drainage of the Lakes of Somerset Addition. Mr. Hoover replied it is a back-water effect. He further explained this means the water is backing up on to the property in question from the Lakes of Somerset Addition. Commissioner Dudziak questioned Mr. Hoover regarding public access to the open space area. Mr. Hoover replied the drainage easement on the plat could be converted to a public access easement and drainage easement. Commissioner Phelps questioned Mr. Hoover regarding the placement of the public access easement being located between Lots 8 & 9; and will this affect the buildings on these lots? Mr. Hoover replied yes, the public access easement would be located between Lots 8 & 9 and the public access easement would not affect the buildings on these lots. Commissioner Phelps questioned Mr. Hoover regarding the channel, the height of the retention walls along the channel, and the building material to be used on the retention walls. Mr. Hoover replied he was not sure what materials would be used. He further explained the average height would be three (3) feet; at the highest point, the retaining wall would be five (5) feet. Commissioner Phelps questioned Mr. Hoover regarding the fences for the properties along the channel and the materials that would be used to construct them. Mr. Hoover replied there will be no fences in the flood plain and will most likely be located along the drainage easement line on the plat. He further explained wrought iron would be used to construct the fences along the channel. Commissioner Phelps questioned Mr. Hoover regarding the pond and whether or not it would have a water feature. Mr. Hoover replied there will be a water feature. He further explained the depth also meets Texas Parks and Wildlife Commission standards. Commissioner Phelps questioned Mr. Hoover regarding pond maintenance responsibility. Mr. Hoover replied the pond will be a drainage easement and therefore will be the responsibility of the Homeowner’s Association. Planning and Zoning Commission Commission Agenda April 22, 2013 City of Colleyville Page 3 Commissioner Phelps questioned staff regarding any issue with having water retention on private property as opposed to open space. Ron Ruthven replied as long as the retention pond is listed as a drainage easement on the plat, there should be no issue. He further explained other d evelopments, in Colleyville, have similar situations. Commissioner Phelps questioned staff regarding when would be an appropriate time to require the Homeowner’s Association to outline the details of their maintenance responsibilities of the retention pond. Ron Ruthven replied, at this stage of development, if the developer needed to do a City Developer Agreement, this requirement could be added at that time. Commissioner Byerly stated that the time to require the Homeowner’s Association to outline the details of the maintenance responsibilities should have been when the Planned Unit Development-Residential was approved. Commissioner Dudziak questioned staff whether if he were the property owner on Lot 8, would it be possible for him to bring in dirt and fill in his portion of his property that extended into the retention pond. Commissioner Byerly stated that he could not do that because it is a drainage easement. Ron Ruthven concurred. Discussion occurred between staff and the Commission regarding the drainage easement located to the rear of Lot 8 and the retention pond. Commissioner Phelps questioned staff if it would be appropriate to make suggestions for the preliminary plat. Ron Ruthven replied recommendations can be made for City Council approval. Commissioner Phelps made a motion to approve case PC13-003 with the following conditions: (1) That the drainage easement be clarified on the final plat; (2) That a pedestrian access easement be added between Lots 8 and 9 on the final plat. Commissioner Gotcher seconded the motion to approve with conditions. The motion to approve with the conditions (1) That the drainage easement be clarified on the final plat; (2) That a pedestrian access easement be added between Lots 8 and 9 on the final plat carried with the following vote: Aye: 6 – Knox, Dudziak, Gotcher, Davis, Phelps, and Byerly 3b Approval of a final plat for 2.99 acres situated in the D.R. Teeter Survey, Abstract No. 1518 and the S.C.H. Whitten survey, Abstract No. 1732 located at 2501 Cheek Sparger, Case PC13-004 Planning and Zoning Commission Commission Agenda April 22, 2013 City of Colleyville Page 4 Darren Cain presented the case to the Commission Bryan Adams, on behalf of the applicant, came forward to brief the Commission. Commissioner Davis questioned Mr. Adams regarding whether there had been changes made since the preliminary plat. Mr. Adams replied no. Commissioner Davis made a motion to approve case PC13-004. Commissioner Phelps seconded. The motion to approve carried with the following vote: Aye: 6 – Knox, Dudziak, Gotcher, Davis, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration for amendments to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code, Case GC13-005 Ron Ruthven presented the case to the Commission. Commissioner Davis questioned staff regarding whether or not it would be possible to rebuild a single family dwelling if the existing single family dwelling was destroyed. Ron Ruthven replied no. Commissioner Phelps questioned staff regarding the single family dwelling being rebuilt in the R-MF Multi-Family Residential zoning district with a Special Use Permit and this is not the case in the RD Two Family Residential zoning district. Ron Ruthven replied correct. The public hearing was opened at 7:27 p.m. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Commissioner Knox made a motion to approve case GC13 -005. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6 – Knox, Dudziak, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT Planning and Zoning Commission Commission Agenda April 22, 2013 City of Colleyville Page 5 The meeting adjourned at 7:28 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on May 13, 2013 by a vote of _______. City of Colleyville Page 1 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 05/13/2013 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for a zoning change from AG-Agricultural to PUD-R-Planned Unit Development Residential on 53.2 acres on Tracts 1F andf 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case ZC13-001 Explanation Pleasant Run Colleyville, Inc. has submitted a request to change the zoning of approximately 53.2 acres, located at 7612 and 7624 Pleasant Run Road. The applicant is requesting to rezone the property from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 73 single family residential lots and two (2) open space lots. Existing Conditions. The subject property consists of unplatted parcels of land with a single family residence located on Tract 1G. An accessory structure that serves the single family residence exists on Tract 1C. The remaining tracts are currently vacant. Approval of a preliminary and a final plat will be required upon the approval of the rezoning request. Statement of Planning Objectives. The applicant has submitted a Statement of Planning Objectives, which contains a detailed description of the proposed development. Development Schedule. The applicant proposes that the development be constructed in two phases. Phase one will consist of 33 to 39 lots. Upon completion of construction for phase one, phase two construction will commence on the remainder of the development. Lot Dimensions and Setbacks. The PUD-R regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. Per the details of the Statement of Planning Objectives and the Conceptual Site Plan the applicant proposes the following development standards: Minimum House Size: 3,000 square feet Minimum Lot Area: 13,000 square feet Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Average Lot Size: 16,050 square feet Minimum Lot Width: 90 feet Minimum Front Yard: 20 feet Minimum Side Yard: 9 feet Minimum Rear Yard: 25 feet for main structure; 10 feet for accessory structures Minimum building Height: 35 feet Building Setback Provision. Special consideration of reduced lot width has been requested by the applicant for lots located on cul-de-sacs and those located on 90- degree elbows in the streets. The minimum lot width for such lots measured at the building line shall be 70 feet. The minimum lot width for such lots measured at the right-of-way line shall be 35 feet. These provisions are reflected in the proposed ordinance. Building Design. The surface area of the front exterior walls, excluding windows, doors, gables, and covered porches will be at least 85 percent masonry or hand- troweled, cement-based three-coat stucco. The surface area of all side and rear walls will be at least 75 percent masonry or hand-troweled, cement-based three-coat stucco. Staff recommends that all masonry materials shall adhere to the masonry materials allowed in Chapter 6-Building Design of the Land Development Code. These provisions have been added to the proposed ordinance. Street Design. The streets in the development are proposed to be public and will meet the minimum requirements of the Land Development Code, which includes a31 foot wide curb and gutter street with a 50 foot Right of Way. Open Space, Landscaping and Buffering. The PUD-R regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The conceptual site plan states that the development will provide 36.9 percent open space, which is compliant with the Land Development Code. The open space is generally confined to two areas: Most of the open space is located along the northern edge of the property, generally following the natural floodplain of Big Bear Creek. The other open space area is located on the southern section within the 300 foot buffer area of the neighboring Titan Drill site located to the south of the development. All open space areas shall be maintained by the homeowner’s association. In terms of landscaping, the applicant states that lots will contain a minimum of two (2) three inch (3”) caliper hardwood shade trees to be installed by the builder on each Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 lot. These provisions have been added to the proposed ordinance. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan is required upon approval of the final plat for the property. However, the applicant requests that a tree survey or tree mitigation not be required for open space areas shown on the conceptual development plan and that an inventory of protected trees within proposed rights-of-way, proposed building pads, and public and private easements be exempt from tree mitigation requirements. The developer requests that trees installed by the builder located in the front and rear yards count towards any mitigation required as a result of the development process. Staff recommends that all tree preservation meet the requirements of Chapter 5-Tree Preservation in the Land Development Code. As such, this request is not reflected in the proposed ordinance. Proximity to Gas Well Pad Site. The proposed development will be approximately 10 feet from the Atlas Resource Partners gas well pad site, located to the south of the development at 7504 Pleasant Run Road. Gas well activity on the pad site is authorized by Special Use Permit Ordinance O-10-1779 (attached), which allows up to 14 gas wells to be drilled until November 16, 2015, when the SUP expires. To date seven wells have been drilled. The wells are not currently in production as there is no pipeline in place. Atlas has informed the City that they intend to perform hydraulic fracturing (fracking) of the existing seven wells in 10 stages with each stage to occur approximately every six months until the pipeline is constructed. To date, two stages of fracking are complete with eight stages remaining. The next stage of fracking is scheduled to occur in late October/early November 2013. Although Atlas informed the City that they anticipate a pipeline construction application to be submitted to the City sometime this Summer, staff has yet to receive any pipeline construction application nor has staff received any official correspondence from a pipeline company indicating a preferred pipeline route. Regarding the required setbacks from any new construction to any existing gas well equipment, Section 3.1-145(D)3 of the Land Development Code states the following: “At a minimum, no structure intended for human occupancy, including any residence, shall be constructed within 300 feet of an existing gas well head, tank battery or other gas well equipment unless approved by the City Council.” The open space lot shown as Lot 5X on the conceptual site plan is intended as a buffer area in order to meet the above requirement. The 300 foot radius is shown on the plan. As such, no proposed homes will be within 300 feet of any gas well equipment. The closest home in the southwest portion of the proposed development will be approximately 320 feet from the future tank battery location while the closest home on the southeast portion of the proposed development will be approximately 340 feet from the well heads on the pad site. In comparison the closest existing home to the current well head locations is 500 Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 4 feet to the southeast at 7404 Pleasant Run Road. It should be noted that other setbacks are required for any new gas well permit request relative to other uses. Although these setbacks will not apply to the proposed development given the existing SUP authorizing the gas well activity, they may apply in the future should the gas well operator wish to extend the SUP timeframe and/or drill additional wells above the current limit of 14 wells. These setbacks are located in Section 3.1-145(D)1 of the Land Development Code and are as follows: “a. It shall be unlawful to drill, redrill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located; or b. Within 1,000 feet from any public park; or c. Within 1,000 feet from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the administrative officer or d. Within 1,000 feet from any building used, or designed and intended to be used, for human occupancy; or e. Within 500 feet from any existing storage tank containing flammable liquids or gases, or source of potential ignition; or f Within 500 feet of any public street, road, highway, or right-of-way line, except in the case of railroad right-of-way; or g. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or i. The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the any object listed in a. through h. above. j. For purposes of this section, a "building used, or designed and intended to be used, for human occupancy" means an enclosed space, other than a residence, in which individuals congregate for amusement or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress, light, and ventilation facilities." In order to provide an additional buffer from the gas well pad site and to discourage trespassing onto or near the pad site property by future residents of the proposed development, staff recommends that a minimum 8 foot masonry wall be constructed along the common property line of the development and 7504 and 7404 Pleasant Run Road with the wall to be maintained by the homeowner’s association. This wall would Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 5 also provide an additional buffer from gas well truck traffic and operational activity during periods of drilling, fracking and workover operations. This provision has been added to the proposed ordinance. Development Fees and Perimeter Street Improvements. Given the large amount of open space, the applicant requests a waiver to the parkland dedication fee requirement of $1,802.00 per residential lot. Staff does not agree with this waiver request as the open space will be private and not public. As such, the request is not contained in the proposed ordinance. Roadway impact fees are due in the amount of $4,941.00 per residential lot at the time of the building permit application. Water and Wastewater impact fees are due at the time of the building permit application. Fees for a typical 5/8 inch meter are $2,491.00 for the water impact fee and $643.00 for the wastewater impact fee. Pleasant Run Road is considered unimproved adjacent to the subject property. As such, contigent upon any final proposed improvements to Pleasant Run Road currently under review by City staff, staff may engage the developer to assist with future improvements to Pleasant Run Road adjacent to the subject property as part of a future city/developer agreement. Sidewalks and Trails. The developer requests a full variance from the sidewalk requirements found in Section 9.19 of the Land Development Code, which requires a minimum four foot sidewalk be constructed along both sides of any new streets. The applicant is requesting the waiver because they state that this request is consistent with adjacent neighborhoods such as Monticello where no sidewalks currently exist. They also state that there is no existing sidewalk or trail along Pleasant Run Road to which the required sidewalks could connect. According to the Supplemental Sidewalk Map and the 2005 Colleyville Pathways Plan, a ten (10) foot trail is required to be constructed along Pleasant Run Road depicted as Trail 14 on the plan. Trail 14 will help provide a connection to the Southlake trail system and provide access between Pleasant Run Park and the Colleyville elementary and middle schools. The developer requests a modification to the Sidewalk System plan due to the natural topography and lack of connectivity to other such facilities along Pleasant Run. In lieu of the roadside location, the developer proposes to construct a trail system as a continuation of the neighboring Monticello trail system within the private parkland and open space located wholly within the community. Given the acknowledgment constraint, and the pending reconstruction of Pleasant Run Road in the near future, staff concurs with the applicant’s request to waive the construction requirement of a trail along the frontage of Pleasant Run Road and, instead, recommends that the trail construction cost be placed in escrow. However, Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 6 staff does not concur with the developer’s request to exempt the sidewalk construction along all public streets and recommends the inclusion of sidewalks along the streets within the development as required by the Land Development Code Screening and Fencing. Other than at the main entry feature of the development, where a subdivision wall sign is proposed, the applicant proposes no minimum fencing or screening standards. Traffic Generation and Access. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 73 lot development would add approximately 699 vehicle trips per day to the surrounding roadways. The developer proposes a stub street to connect to the Monticello subdivision through Harrison Lane on the west side of the development. Additionally, Wildflower Way shows as a stub for a future connection to the property immediately to the south in anticipation of future single family development. Section 9.17(B)7 of the Land Development Code states the following with regard to stub streets: “Permanent dead-end roads shall not be allowed. The street layout shall be extended to the tract boundary to provide for future access into adjoining tracts to assure adequate neighborhood circulation, unless prevented by topography or other physical conditions, or unless, the Planning and Zoning Commission determines that the extension is neither necessary for future development of adjacent tracts. In general, these extensions should be not more than one thousand (1,000) feet apart”. Tree Preservation. Drainage and Storm Runoff. The developer has submitted a preliminary drainage analysis of the site, which is to be reviewed and accepted by the Public Works Department. Conditions associated with drainage and storm water runoff shall be set and enforced at time of platting. The site generally slopes from south to north and is heavily wooded along the north and east boundaries. Big Bear Creek and its 100-year floodplain traverse the property on the northern boundary receiving the natural runoff from the property. The drainage system for the community shall be designed so that the storm water runoff continues to be conveyed directly into Big Bear Creek. The developer states that the development of the property will not have a significant impact on the total amount of runoff in this reach of Big Bear Creek due to the low density, large lot size and the relatively small contributing area of the project in relation to the entire watershed conveyed by Big Bear Creek. Therefore, no detention has been proposed for this Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 7 project. A small portion of the development area lies within the FEMA designated 100- year floodplain. Future Land Use Plan. The Future Land Use Plan designates the subject property for future single-family residential uses. The proposed development plan complies with the recommendations of the Future Land Use plan. Residential Density and Master Plan Recommendations. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in non- transitional areas such as the location of the subject property. . The proposed development of 73 residential units on the 53.2 acre property will produce a residential density of 1.4 dwelling units per acre based upon the density calculation method prescribed by the Master Plan. The proposed residential density complies with the density recommendations of the Master Plan Area Residential Development Analysis. It should be noted that this portion of Colleyville is one of the least dense and, consequently, most rural portions of the City. Given this observation, staff performed an analysis of the existing residential development within a one mile radius of the subject property in Colleyville only. The following is a result of that analysis: - Gross residential density: 0.74 dwelling units per acre - Average residential lot size: 41,092 square feet - Median residential lot size: 21,111 square feet Although most of the area contains large lots, a portion of the adjacent Monticello development on the west side of the proposed development contains similar minimum lot sizes to the proposed development (13,000 square feet) and contains a similar residential density (1.6 dwelling units per acre) to the proposed development. Surrounding Development Trends. The development is located along the north central Colleyville border with Southlake, adjacent to Pleasant Run Road on the east and the Monticello neighborhood to the west. Properties to the north are located in the city of Southlake and zoned for single family residential uses. Properties to the east are zoned AG-Agricultural and contain agricultural and single family uses. Properties to the south are zoned AG-Agricultural and contain single family and agricultural uses and a gas well pad site. Properties to the west are zoned PUD-R-Planned Unit Development Residential and contain single family uses within the Monticello development. Public Notification. Staff mailed notices to 17 adjacent property owners within 200 feet, as well as all Homeowners Associations within 500 feet of the subject property regarding this request. A courtesy notice was sent to the city of Southlake. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 8 Development Code. Staff has received one letter of opposition regarding this request. Summary. The proposed development complies with the future land use recommendations of the Master Plan and the maximum residential density recommendations of the Master Plan. Although this portion of Colleyville contains some of the lowest residential densities in the City, the proposed development is similar to the adjacent Monticello development in terms of lot size and density. The adjacent gas well pad site at 7504 Pleasant Run Road presents some proximity issues to the proposed development given that the pad site, when being utilized for drilling or fracking operations, effectively becomes a heavy industrial use if only for a short period of time. That said, the proposed homes in the development comply with the 300 foot minimum distance for new structures next to existing gas well equipment prescribed by the Land Development Code. Recommendation Approval with the following conditions: 1. GENERAL a. The purpose of this PUD-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 1.4 dwelling units per acre as described in Exhibit “C”. Exhibit “C” is attached herein for descriptive purposes only and shall not be referenced as a regulatory guide for the purpose of this ordinance. b. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with the conceptual site plan, Exhibit “D”, which shall not be considered the preliminary plat. The lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage, or other conditions. The actual street layout shall be consistent with Exhibit “D”. b. The developer shall submit and receive approval from the City, a preliminary and final plat, approved in one or more phases, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 9 a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: 1. The minimum lot width shall be 90 feet. 2. The minimum lot size shall be 13,000 square feet, with and average lot size of 16,050 square feet. 3. The minimum front yard setbacks shall be 20 feet. 4. The minimum rear yard setback shall be: a. From the main structure: 25 feet b. From an accessory structure: 10 feet 5. The minimum side yard setbacks shall be 9 feet. 6. The maximum building height shall be 35 feet. 7. For lots located on cul-de-sacs and half cul-de-sacs, the minimum lot width shall be 70 feet measured at the front building line and 35 feet measured at the right-of-way line. 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development: a. The surface area of the front exterior wall, excluding windows, doors, gables, and covered porches shall be at least 85 percent masonry or hand-troweled, cement-based three-coat stucco. b. The surface area of all side and rear walls shall be at least 75 percent masonry or hand-troweled, cement-based three-coat stucco. c. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6 of the Land Development Code. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 10 6. OPEN SPACE a. This development shall provide a minimum of 36.9 percent common open space, which shall be configured as shown on Exhibit “D”. All open space areas shall be landscaped and maintained by the HOA. 7. RESIDENTIAL DENSITY REQUIREMENTS a. Residential density shall not exceed 1.4 dwelling units per acre. 8. SCREENING AND TREES a. A minimum of two, three (3) inch caliper hardwood shade trees shall be planted on each lot at the time of new home construction. b. A minimum eight (8) foot solid masonry wall shall be constructed along the common property line of the development and the adjacent property to the south located at 7504 and 7404 Pleasant Run Road prior to the acceptance of final public improvements. The wall shall be maintained by the homeowner’s association. 9. SIDEWALKS AND TRAILS a. In lieu of constructing the required ten (10) foot trail along Pleasant Run Road, the developer shall pay into escrow the cost of constructing the trail as determined by the City Engineer prior to the filing of the final plat for the development. Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Aerial 5.Letter of Opposition 6.Conceptual Site Plan 7.Ordinance O-10-1779 8.Proposed Ordinance WILLIAMSBURG CT COLONIAL SQ LI N C O L N C T MO N R O E C T WASHI N G T O N C T HANCOCK CT CHARLOTTESVILLE AVE MO N T I C E L L O P K W Y JEFFERSON CIR VIRGINIA S Q PL E A S A N T R U N R D ADAMS CT HARRISON LN VAN BUREN CT ROCHEL L E C T MADIS O N S Q FRANKLIN CT 7500 7103 7212 202 106 7801 7205 103 7100 7900 201 7709 7705 7209 202 203 201 486 7502 7100 7304 104 7612 202 7903 202 7405 7400 207 7204 7408 7302 7612 200 7310 304 304 7404 200 104 7503 7717 7404 7203 204 7403 7408 7204 7102 104 105 7801 7904 7701 7901 7303 7200 7606 204 7603 7604 7624 7316 203 203 107 204 205 7612 7101 200 7607 7702 101 7605 7603 205 500 7409 7602 201 7504 104 508 7707 204 7608 7709 7401 7703 7809 7408 7308 7300 116 106 200 7501 7603 7201 203 7805 7400 7707 7600 7309 105 512 7803 7101 203 7504 7204 104 7307 7200 206 7905 106 7807 7712 7400 201 7811 200 205 600 7202 116 7600 7404 7714 7401 200 202 304 201 7300 7300 406 7602 506 203 107 7407 7503 104 7208 106 7201 7601 7700 7207 106 108 7810 7301 105 7902 7404 205 105 7600 7207 7112 PUD-R R-40 R-20 R-40 R-40 R-30 R-40 Ü City of southlakeCity of southlake AG AG Location and Zoning Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address FERRELL, GEORGE ETUX LINDA 7709 JEFFERSON CIR COLLEYVILLE TEXAS 76034 7709 JEFFERSON CIR STEWART, BRET A ETUX DEE 7707 JEFFERSON CIR COLLEYVILLE TEXAS 76034 7707 JEFFERSON CIR HAYNES, MICHAEL E ETUX SONJA C 7705 JEFFERSON CIR COLLEYVILLE TEXAS 76034 7705 JEFFERSON CIR SHORT, JOSEPH T ETUX JULIE 7703 JEFFERSON CIR COLLEYVILLE TEXAS 76034 7703 JEFFERSON CIR ESTES, STEVEN L ETUX RUTH 7701 JEFFERSON CIR COLLEYVILLE TEXAS 76034 7701 JEFFERSON CIR JOHNSON, STUART ETUX CAROLE 7504 MONROE CT COLLEYVILLE TEXAS 76034 7504 MONROE CT GRILLO, DIANE 7502 MONROE CT COLLEYVILLE TEXAS 76034 7502 MONROE CT LOWE, JONATHAN 7500 MONROE CT COLLEYVILLE TEXAS 76034 7500 MONROE CT THOMPSON, PHILIP K ETUX DANA E 7501 MONROE CT COLLEYVILLE TEXAS 76034 7501 MONROE CT HAWKINS, VINCENT ETUX KIMBERLY 204 MADISON SQ COLLEYVILLE TEXAS 76034 204 MADISON SQ TUTTLE, ROBERT S ETUX BILLIE J 202 MADISON SQ COLLEYVILLE TEXAS 76034 202 MADISON SQ STAAB, JAMES ETUX LANESE TURNE 205 MADISON SQ COLLEYVILLE TEXAS 76034 205 MADISON SQ CHANG, WESLEY EN-TSE 203 MADISON SQ COLLEYVILLE TEXAS 76034 203 MADISON SQ EWING, TIMOTHY K 7503 MONROE CT COLLEYVILLE TEXAS 76034 7503 MONROE CT HIGHTOWER, SYDNEY MARY TR 3945 FM 273 BONHAM TEXAS 75418 304 JOHN MCCAIN RD TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN CALIFORNIA 92780 PLEASANT RUN RD MONTICELLO HOMEOWNERS ASN INC 1800 PRESTON PARK BLVD STE 101 PLANO TEXAS 75093 COURTESY NOTICE CITY OF SOUTHLAKE 1400 MAIN STREET SOUTHLAKE TEXAS 76092 COURTESY NOTICE PLEASANT RUN COLLEYVILLE, INC. (APPLICANT) 4131 N. CENTRAL EXPRESSWAY SUITE 1140 DALLAS TEXAS 75204 COURTESY NOTICE Public hearing notices were mailed Friday, Apr. 26th by Taci Wrisley Notification List HARDY LN WILLIAMSBURG CT COLONIAL SQ JOHN MCCAIN RD LI N C O L N C T STILLWATER CIR MO N R O E C T C A S T I R O N F O R E S T T R L WASHIN G T O N C T MONTPELIER WAY T I L L M A N H I L L R D COVINGTON W A Y W HANCOCK CT CHARLOTTESVILLE AVE MO N T I C E L L O P K W Y JEFFERSON CIR VIRGINIA S Q PL E A S A N T R U N R D ADAMS CT CHARLOTTESVILLE AVE W HARRISON LN BANDIT TRL VAN BUREN CT RE V E R C H O N C T COLDEN CT ROCHEL L E C T LE E S B U R G D R MADIS O N S Q FRANKLIN CT 7801 7500 7103 202 7212 7503 101 106 100 103 7506 7207 7801 7504 7205 100 103 7100 104 100 7909 7900 201 7709 7705 7802 7601 7209 202 203 7305 109 7705 201 486 7502 7100 7304 104 7612 202 7903 202 7405 7703 7800 7400 207 7204 7408 7302 7612 200 7310 304 304 205 113 7404 200 104 103 7503 7717 103 7404 7203 204 7709 7403 7408 7608 7204 7102 104 105 7601 7707 7801 7604 7904 7701 7901 101 7602 7303 7309 7200 7105 7606 105 204 7603 7409 102 203 7604 7624 7316 800 206 203 205 203 107 204 205 7606 103 105 7612 7101 200 7308 7607 7702 101 7605 7603 205 500 7409 7301 7315 7602 7013 201 7504 7017 7803 200 104 101 7605 7703 7008 508 7707 204 210 7700 7605 7608 101 7501 202 7709 7401 7704 7703 103 7809 7408 7308 7300 116 106 200 7501 204 8005 7603 100 7201 200 7603 203 7805 7400 7701 7707 7215 7600 7309 105 512 7803 8103 102 7101 8001 203 7504 7204 104 7307 7200 206 7905 106 101 7807 7712 7400 201 7811 200 205 7602 600 7607 7202 116 7906 204 7600 7404 7714 7401 7215 200 7701 202 102 304 201 7300 7300 406 7602 7609 506 7609 7908 8007 203 107 7109 7407 7503 101 201 8105 7208 102 104 106 100 7601 7201 7700 101 8101 7207 106 108 7603 102 7810 7702 8003 7301 7505 7205 6916 105 7601 7012 7902 2057404 105 7600 7907 7207 7705 100 7112 Buffer Map 7500 7709 7705 7502 7612 7405 7408 7612 304 7404 204 7403 7408 7701 7624 7612 205 7409 7504 7707 7703 7408 7501 7504 7404 203 7407 Aerial February 21,2013 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Zoning Case Number ZC13-001 Pleasant Run Colleyville, Inc. 7612 & 7624 Pleasant Run Rd. Chris Monroe 1500 S. White Chapel Blvd. Southlake, TX 76092 In regards to the project above, please note that I am in opposition to the current Arborside Site Plan. As a property owner within the 200 foot notification area, please consider this my written protest. S~FtelY, ;l 1./ V" / '-6' ! ':v~~ l_. ! I/" ~ _________ Chris Monroe Letter of Opposition ORDINANCE 0-10-1779 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A GAS WELL ON 13.2 ACRES LOCATED IN THE WILLIAM E. CROOKS SURVEY, ABSTRACT NUMBER 295 AND LOT 1, BLOCK 1, PARK PLACE ESTATES; 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 I EFFECTIVE DATE I WHEREAS, the City of Colleyville has received an application for a Special Use Permitl under Case No. ZC10-022; and I WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and : WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-10-1779 Page 2 of6 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. Sec. 2. Sec. 3. Sec. 4. 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. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a Gas Well on 13.2 acres located in the William E. Crooks Survey, Abstract Number 295 and the Lot 1, Block 1, Park Place Estates, shown on Exhibit "A" and described in Exhibit "B". THAT the above described tract of land shown on Exhibit "A" and described in Exhibit "B" shall be used only in the manner and for the purposes provided by the Comprehensive Zon"ing Ordinance of the City of Colleyville as heretofore amended and as amended herein. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit (SUP) shall be for a gas well to include drilling and production as described in Exhibit "C". b. The gas well authorized by this SUP shall meet all requirements of the Land Development Code except where amended herein. Additionally, the gas well shall meet all related regulatory requirements of the State of Texas and the Federal Government. c. Effective on the approval date of this ordinance, all provisions of Chapter 3.1-0il and Gas Well Drilling and Production in the Land Development Code as they exist on said date are hereby adopted by reference through the passage of this ordinance. d. All wells approved by this ordinance shall be drilled no later than five years from the date of approval of this ordinance. 2. Site Plan Ordinance 0-10-1779 Page 3 of 6 a. The layout of all equipment, tanks and access roads shall be consistent with the site plans labeled as Exhibits "0" and "E". b. The well drilling and production site shall contain no more than 2 acres as shown on Exhibits "0" and "E". 3. Drilling Activities a. The primary drilling apparatus shall not exceed 160 feet in height. c. A 1.4 acre fresh water pit shall be installed during the drilling process and shall be stocked with fish in order to mitigate for any mosquito breeding. d. Prior to the commencement of drilling activities, the existing six (6) inch water line that services the property shall be upgraded to a minimum eight (8) inch water line. In lieu of installation, funds equaling the cost of installation may be placed into escrow with the City for future installation. e. Any equipment or well leaks shall be reported to the administrative officer immediately and shall be posted on the City's website within 24 I hours. f. The Fire Marshal shall be provided with any state of the art equipment necessary in order to determine equipment leakage; either airborne or waterborne. 4. Production a. The production pad shall contain no more than 14 water storage tanks. The tanks shall be no larger than 16 feet in diameter and eight (8) feet in height. The production site shall generally be laid out per Exhibits "0" and "E". 5. Access and Transportation a. The truck transportation route for all trucks over one-ton that will access this site be as follows: Southbound State Highway 26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on Pleasant Run Road to the site entrance. The route exiting the site shall follow the route to the site in reverse. b. During drilling operations there shall be no more than 35 truckloads over I: I Ordinance 0-10-1779 Page 4 of 6 a three-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour for both move-in and move-out. Otherwise, there shall be no more than ten personal vehicles entering and leaving the site for 10 workers on a daily basis. c. During the fracturing (completion) process, there shall be no more than 20 truckloads per day over a maximum 11-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour. d. During the production phase, there shall be no more than 0.5 trucks per day per well. e. The access road to the well site shall be composed of an all-weather, 25 foot wide, concrete surface. There shall be adequate space provided for i emergency vehicles to turnaround on the pad site at all times. The' turnaround dimensions shall meet the minimum requirements of the Land Development Code. f. The gate for the site shall be composed of decorative wrought iron and shall be located 85 feet back from Pleasant Run Road. At a minimum . the gate shall meet the minimum requirements for gates in Chapter 14-: Engineering Design of the Land Development Code. 6. Landscaping a. All landscaping shall be installed as shown and described in the attached Exhibit "F" and as required in Chapter 3.1 of the Land Development Code prior to the commencement of any well production. 7. Lighting a. All site lighting shall illuminate onto the site and shall not directly illuminate onto any surrounding properties or onto the property owner's residence. Drilling rig lighting shall not be a nuisance and shall illuminate at the minimum level of lighting allowed by the State of Texas for drilling rigs. 8. Environmental Impact a. All erosion control shall, at a minimum, meet the erosion control plan attached as Exhibit "G". Additionally, all stormwater run-off from the pad site shall contain no pollutants. There shall, at a minimum, be spill berms and containment rings surrounding all drilling and production equipment in order to mitigate point-source pollution from all surrounding watersheds. Ordinance 0-10-1779 Page 5 of 6 b. At a minimum, airborne emissions of pollutants shall be mitigated per the . emission control plan described in Exhibit "H". c. In order to insure compliance with all state and federal air quality standards an independent, third-party air quality inspection company shall perform periodic air-quality inspections, including measurements of airborne volatile organic compounds, at the site area prior to drilling operation and during all phases of drilling and production operations. The determination of measurement points, compounds to be measured, the frequency of inspections, threshold limits, as well as baseline measurements of pre-drilling ambient air quality shall be performed by the inspection company. The company shall be chosen and contracted by the City of Colleyville. The gas well operator shall reimburse the City of Colleyville for said contracted services upon receipt of invoice from the City of Colleyville. At a minimum, in the event that a measurement exceeds an established threshold, the appropriate state and/or federal air-quality enforcement agency shall be notified of the measurement within 24 hours of the observation. d. There shall be no mud or dirt laid upon any City street as a result of the activity authorized by this SUP. Any mud or dirt created shall be removed by the operator from streets immediately. 9. Pipeline. The planned pipeline route is shown on Exhibit "I". Changes to the portion of the route within the City's corporate limits will be addressed through the pipeline permitting process, and shall not require an amendment to this ordinance. The portion of the pipeline within the City's corporate limits will be regulated by the City's pipeline ordinance and other applicable local, state, and federal regulations in effect at the time the pipeline operator files an administratively complete application for a pipeline permit. Approval of this ordinance confers no vested rights or other rights on the pipeline operator with respect to the construction of the pipeline. If changes are proposed to the portion of the pipeline within the City's corporate limits, the gas well operator will cooperate with the City and the pipeline operator, if requested, to assist in selecting a mutually acceptable route within the City's corporate limits. 10.Waivers. The well bore setback requirements for all structures within 1,000 feet of the gas well bores approved by this ordinance are hereby waived. This waiver shall only apply to all structures existing as of the date of approval of this ordinance. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Ordinance 0-10-1779 Page 6 of 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. 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. 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. 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. first r ading and p blic hearing being conducted on the d ~ day of ---'---¥-"'...JoG--=-..:;....:;..--"""""---=--='--__ 2 0 1 0 . being conducted on the /0 C",t; day of CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~\n.q Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map 7 7612 7iH2 AG SIT AG 7504 7409 7401 2244\007\16659.1 Exhibit B -Legal Description TR\CT 1 BEING all of Lot L Block L Park Place Estates, as recorded in Volume 388-176, Page 14, Plat Records, Tanant County. Texas and being 275.081 square feet. or 6.315 acres of land more or less. TR4CT2 BEING a tract of land situated in the WE Crooks StUvey, Abstract Number 295. TatTant County. Texas. and being a pOltion oftllat celtain tract of land described by deed to Trinity Christian Center of Santa Ana, Inc .. as recorded in Volume 9325, Page 1004, County Records. TatTant County, Texas, and being more palticularly desclibed by the metes and bounds as follows: BEGINNING at a 3/8 inch iron rod found at the northwest comer of said Trinity Christian Center Tract: THENCE N 84 deg. 38 min. 58 sec. E, 651.64 feet; THENCE S 00 deg. 43 min. 21 sec. E. 416.52 feet THENCE S 75 deg. 43 mill. 33 sec. W. 657.74 feet THENCE N 01 deg. 50 mill. 17 sec. W. 518.16 feet to the POINT OF BEGINNING. and containing 301,676 square feet, or 6.926 acres of land more or less. Total Area= Tract 1 and 2: 13.241 Acres of land more or less. 2244\007\ 16659.1 Exhibit C -Statement of Planning Objectives STATEMENT OF PLANNING OBJECTIVES TITAN OPERATING, LLC TCC SUP PLANNING OBJECTIVE The purpose of this SUP is to establish a well site. a frac pond, and access road for the drilling. completion, and operating of multiple gas wells within the areas designated by the SUP Site Plan. WELL SITE LOCATION The well site location for the Titan TCC wells is identified on the SUP Site Plan. Titan will drill multiple horizontal wells from the proposed well site to develop approximately 1300 acres of Titan leases. The proposed gas development will focus on the Barnett Shale, encountered at subsurface depths at approximately 8,900 feet. VEHICULAR ACCESS TO THE WELL SITE LOCATION Vehicular access to the well site will be from SH 26, west on Tinker, north on Pleasant Run Road, to the well site entrance. The drive approach from Pleasant Run Road will be constructed of concrete. At the entry, a double gate will be recessed into the property to accommodate truck movements from the roadway onto the lease road. Fire access will be provided and the road will be maintained in accordance with all local. state and federal requirements. DEVELOPMENT PHASING Titan Operating anticipates the initial construction on the TCC pad site to begin January. 2011. After construction of the pad site Titan anticipates the drilling of 3 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 14 wells off the site over the next 5 to 7 years. All producing wells will be plugged at the end of their economic life. All plugging will be in accordance with applicable Texas Railroad Commission regulations. ACCESSORY STRUCTURES Accessory uses for the proposed gas development will include well heads, storage tanks, separation facilities, and other uses necessary and customary to gas development. During drilling operations, all equipment will be secured by a chain link fence with a secured entrance gate. A reflective sign will be posted at the drill site and operations site identifying the entrance to the site and include the well names and numbers, name of the operator. emergency 911 number, and the telephone numbers for 24 hour emergency contacts. No refining, except for gas dehydrating and physical phase separation will take place on this site. Temporary diesel fuel tanks, generators, construction trailers, steel mud pits. pipe racks, and drilling rig will be located within the drilling pad site. The drilling rig and associated drilling 2244\007\16659.1 Exhibit C -Statement of Planning Objectives (Cont.) equipment shall be removed from the well site as soon as practica! after completion of the well or drilling activities. WATER CONSUMPTION Once well permits have been obtained from the Texas Railroad Commission and the road and drill site are constructed, drilling can commence. The drilling of each well will require approximately 420,000 gallons of water over a three (3) week period. Once a well has been drilled and determined to have the potential for commercial production, the completion process will begin. In order for the Barnett Shale to be commercially productive it must be fracture stimulated. This involves pumping a large amount of water at high pressure into the formation to create a fracture in the rock. A small amount of sand is mixed with the water to hold the fracture open once the procedure is complete. This permits the gas to flow more easily from the rock into the well bore. Each fracture stimulation requires approximately 4.2 million gallons of water. Once the water is in place, the actual stimulation process will take approximately eight (8) hours. Water for the drilling, as well as the fracture stimulation, will come from a proposed frac pond of approximately 1.4 acres to be constructed by the operator, with water purchased from the City or well water. The water stored in this pond will service multiple wells. WASTE CONTROL Water and drilling mud utilized during the drilling of the wells will be initially stored in closed-loop drilling fluid systems located on the pad site. Ultimately, the water and drilling mud will be removed by truck and disposed of in accordance with the requirements of the Texas Railroad Commission. Produced water from gas production will be stored in 250 -barrel (bbl) tanks within the well site location. The tanks will be located within a secondary containment ring with a non-permeable berm or liner capable of holding one and one-half (1-1/2) times the capacity of the largest tank. Drip pots will be located at pump out connections to contain the liquids from the storage tank. The tanks will also be equipped with a senSing device that will shut off the well should the tank become full. The contents of the tank will be emptied by a commercial operator and disposed of in accordance with the requirements of the Texas Railroad Commission. FIRE PROTECTION All fire suppression and prevention equipment required by an applicable federal state or local law will be provided and maintained by the Operator. All contractors will have portable fire extinguishers at the drill site and fire extinguishers will be located at various locations at the drill site. The tank battery facility will be equipped with a remote foam line utilizing a two and one-half (2.5) inch National Standard Hose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system will be installed according to the most current edition of the National Electrical Code. At any gate enclosure, the City Fire Marshal will be provided a knox box with a key for emergency access. 2244\007\16659.1 Exhibit C -Statement of Planning Objectives (Cont.) DRAINAGE Well-heads, meters, storage tanks, separation facilities, or other post drilling and completion permanent above ground facilities will be located on a drill site that is graded in such a manner to be elevated above the 100-year floodplain. Erosion control shall comply with the erosion control plan approved by the City. ENVIRONMENTAL The proposed gas development will be in compliance with all state and federal environmental regulations and will not adversely affect the floodplain, drainage patterns, or water quality. Damage to public thoroughfares adjacent to this lease area directly caused by the proposed gas development will be restored to city standards, as applicable, as each well is completed. Any damage that poses a safety hazard will be repaired immediately. Any substantial accumulations of dirt, dust, or other debris deposited on public thoroughfares by gas development will be removed. Dust, if significant, will be suppressed by using water or other dust suppressants. Drilling and production operations shall be conducted in a manner to minimize noise levels. Noise from drilling, completion and rework operations are limited in time from a few days to a few weeks. Noise from drilling activities will not exceed sixty five (65) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from fracturing operations will not exceed eighty five (85) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from the operation site will not exceed fifty five (55) decibels beyond the boundaries shown on the associated site plan. Lighting will be shielded and directional toward the well site so that it will not disturb, be a nuisance, or safety hazard to adjacent properties, residential areas, or public thoroughfares. SCREENING Per City ordinance. the equipment on the operation site will be screened from public view by a combination of screening shrubs that will be installed completely around the well site and the required screen fence. Irrigation will be installed as necessary. All plant material will be kept in an attractive state and in good condition. 2244\007\16659.1 Exhibit C -Statement of Planning Objectives (Cont.) DEVELOPMENT SCHEDULE Titan Operating anticipates the initial construction on the TCC pad site to begin the 4th quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 14 wells off the site over the next 5 to 7 years. ECONOMIC DEVELOPMENT INFORMATION Titan Operating has spent approximately $108,300,000 in lease bonus dollars in the City of Colleyville to date. Titan has also donated approximately $300,000 to local charities. Titan estimates that a typical well drilled off the pad site will generate approximately $230,000 per well in ad valorem taxes for the city over a 15 year period. 2244\007\16659.1 Exhibit D -Site Plan A Cl ~ ~i~1 z s') r-. *y 3~ I ~I g ~~~~ i ?$ :5 ~~~ $~I I ~ ~Q I~~~ '1~~ Q..a. • lt~"l N ,.;.ii{:1 ~ t ~ ~ :::> « w.~ !5 ~~" ¥H: ~~ W 5"" a g vn s }!~i~~ Cl)W· d f~i u:!g ~ ~t ~t~~ I-f~~ z ~ ~'~ 1 r ;. (j) 0- !l. ~ ~H ~ III • ~ 1 ~ i Di 2244\007\16659.1 Exhibit E -Site Plan B ""1'" , , '·~ .... i.:·,,, 2244\007\16659.1 Exhibit F -Landscape Plan 0 ~ 0 ~ 5~ a:w ~ ~ zQ I-f?5 u-uU> 0-' l'; ull7: I-5 0.. UJ ~ ,.. 0.. <! l5 o..u Z ~ <0 :)(I)<! (l)O....i i!'(t 6 zo.. ul.'lc'i z ~~., ,. :5 w r tU ili • , ~ '" ,1 t~ r I. ~ ? : ~ ~ ~ ~ ~ ~ f " t :i 2244\007\ 16659.1 tv t 6 o ~ a--a--v. \0 "\ --~:;!:£;;;;,='.-:-;I / ... ~'~$:1~ ,~M;.<t/~ }~ '~:X" ~Y.-"'l ~~ CONSTRUCTION ENTRANCE --:---.:'----.....--~-:.: " -~~~: .. "::.: ... :-:'-'---,,.-.-'::~,:'"'""~ ~. "=--=:::..: ~ '~'V'., • CONCAE '!E t" QRlvsAf'l'>tCAC-Il ·OCJI>lSfRUCI1ON j . ~kt~CE!Exr-'\l ........... I ,~ ... -... "l I ,.J ~I " ~ .:t: ~, ~'r ;c, ~ ; :.~ <," <.~ -~;:.:;~, 100 YEAR F"€MA fl-COO~~AN .. z tr.'O .... £~ '1M2 $~>£.li.T rlJNG 'lIfT'" '-'t,-'>X. I'" OFf' "tl~, MItt. K~ ~11\.:lC~lJCr ff:;1E: l:I:£."4O'-.'E St r'MifH ocPT~ m.,.(!4!;$~ .. ::;H:E$ ..£~ ROCK CHECK DAM 1v.)&:A".l: p~nt)O .. -:-~~ \\~oo"',n(..f''CM::t·II.''Il.:J¥\ $fP'. :: 1.:J,)tM>¢f:-.M!K HIGH FLOW SILT FENCE DETAIL: TYPICAL TEMPORARY FILTER FABRIC WITH WIRE FABRIC -~ .". ~-r:-;;:10-St:;.:?·······"".,'~"-'" .. "'" HIGH FLOW SILT SOCK DET AlL TYPICAL TEMPORARY FILTER FABRIC FILLED WITH MULCH .:>iO .... TO$C.>\lE' TCCPAD SITE CiTY (# CCll..L~ TEXAS "t-tt,,'"J<'$Y $Uj1''f)¢ ~Y\Cftft<.fE.'V3?ti~t4 ~C:.'r~ PELOTON .. ,JO( t .~I; ~ f' "';., '::J~,~[l"*,,,, $<.Ir't't~" !ik;.lffi!1!.~ ""~t:~!!~Wl ;l-~.;r.y~~WiOW.~ ~ ~.k LEGEND ~.4N><''''/''l<'IEt''t_" <RlI ~':~"'.0: .. \.~1t SUP EROSION CONTROL PLAN ro&~~~,,\~.}O SHEETNO. 5 OF 7 m >< :::r _. C'" _. ,... G) I G) Q1 c. ::J (Q Q) ::J C. m a fA -. o ::J o o ::J ,... a - "tJ -Q) ::J Exhibit H -Emission Control Plan BREITLING CONSULTING, LLC I\J COOPERATIO\J \nTH PELOTO\J LA\JD SOLUTIO\JS, LLLP EMISSION REDUCTION / CONTROL PLAN TCC WELL PAD COLLEYVILLE, TARRANT COUNTY, TEXAS PREPARED FOR: TITAN OPERATING, LLC. 111 W, 4TH STREET, SUITE 300 FORT WORTH, TEXAS 76102-3951 9/29/2010 Po. BOX 969 BURLESON, TEXAS 76097· 817-680-6956 . \\'\\'\\'.BREITU\JGCO'\SULTl\JG.CO\\ 2244\007\16659.1 Exhibit H -Emission Control Plan (Cont.) Facilitt{ Trinity Christi.m Center (TCe) Wen Pad Colleyville, Tarrant COl.U1ty, Texas Well #l-H -3H Latitude: 32.916991 Longitude: -97.160009 Operator Titan Operating, LLC. (Tit.m) 111 W. 4th Sh'eet, Suite 300 Fort Worth, Texas 76102-3951 Pl'OtillCtiOIl Phase Equipment -assuming 3 wells 6 Produced Water Tanks-250 bbl cap<lcity 1 Mobile Frac Tank-5oo bbl capacity 3 Horizontal Separators 1.0 Best Management Practices Emissions sources at the Tee 'Well Pad include the equipment listed in Sectiolll.0 ,1S well as fugitive components. The follm'\ing Best Mm1agement Practices (BMPs) will be implemented in order to minimize emissions to <l level th.1t is technically feasible and economically reasonable. Every practical effort will be made to monitor equipment for leaks, unplement reliable pollution pre\'ention work practices, <.md reduce emissions. Operations • Operate <111 eLluipment with the potential to emit air c011taminants at least 50 feet from the nearest property line or the ne,u'est receptor (whichever is closer), excluding any valve that is used for isolation and or s<lfety purposes. • Each open-ended valve or IUle will be eLll.upped with" cap, blind flange, plu& or a second valve to se<ll the line so that no leakage of emissions occurs unless othen\'ise required to n1aintain &1ie operations ill a vessel or pipeline. • Tm'lk hatches, not designed to be completely sealed, will remain closed (but not completely sealed U1 order to m.lu1tau1 safe design fl.U1ctionality) except for sampling or plmu1ed nlaintenance activities. • The site will be visited <.:huly by opemtions personnel who will conduct ,'isl.U11 eLluipmel1t checks. • The site ""'ill be equipped with a remotely monitored alarm system that ,\':ill <1utom,ltically shutdown key elluipment if signifiCi.mt leaks or operational problems occur. • All eLll.upment '''''ith the potential to emit air contamimmts will be nlainti.lined ill good working order cmd oper,lted properly. • All seals i:md gi:lskets >vill be installed, checked, mKi properly maintained to prevent leaku1g. Maintenance BREITLING CONSULTING. LLC TCC \\"ELL PAD 2244\007\16659.1 • • • • Exhibit H -Emission Control Plan (Cont.) A program to repi<lCe, repair, and/or maintain equipment to keep them in good working order will be established an.d maintained, including: (1) manufacrurer1s specifications and reconul1ended programs applicahle to equipment performance and effect on emissions; (2) cleaning and inspection of all equipment; and (3) replncement and repair of equipment on schedules which prevent equipment failures and maintain performi.1nce. During plruuled downtime of any c<lpture, recovery, or control device, gas streams \'Yill he redirected to another conh'ol or recovery device. E\~ery reasonnhle effort ""ill be made to repair a leaking component. Initial <'\Ction will be to isolate the leaking component and conduct the repair within 48 hours. If the leaking component crumot be isolated or the repair calIDot be made within 48 hours, then the well 'will be shut in l.mtil repairs GU1 be 1'11ade. If the repair of a compOnJ"~lt would require a unit shutdown, which 'would create more emissi011S than the repair would elinunate, the repair will be delayed until the next plrumed shutdown. To the extent that good engineering practices \-\'ill pennit, new ruld reworked valves and piping cOimections will be located in a place that is reasonably accessible for leak checking dl.u·ing well opemtio11S. Volmltary Leak Detection and Repair (LDAR) Program • All fugitin> components will be inspected by ,UlruO, visual, and olfactory (A YO) observation, <It intervals not exceeding 15 months, but at least once each calendar year. Such i11Spections ';vill also include monitoring for leaking components using either (1) the EPA Test Method 21 using a portahle ru1alyzer set at 10,000 ppmv leak detection lilnit or (2) the Altemative Work Practice for mOlutoring equipment for leaks found in 40 CFR §60.18(g)-(i) usil"lg .ID optical gas imaging instrument with a detection sensitivity level of no greater tl1<U1 60 grams per hour. • Damaged or leaking vah'es, cOlUlectors, punlps, cOlnpressors, and agitator se<'11s found to he emitting YOes in excess of 10,000 ppnw ,1S determined using a portable analyzer, found by AVO inspection to be leaking (e.g., dripping process fluids), or found le.1king using the A VVP will be tagged and replaced or repaired. 2244\007\16659.1 EXHIBIT I -PLANNED PIPELINE ROUTE 2244\007\16659.1 ORDINANCE O-13-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 53.2 ACRES ON TRACT 1F AND 1G, ABSTRACT 1038 OF THE HALL MEDLIN SURVEY AND TRACTS 1A02 AND 1C, ABSTRACT 295 OF THE WILLIAM E. CROOKS SURVEY LOCATED AT 7612 AND 7624 PLEASANT RUN ROAD FROM THE AG- AGRICULTURAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT 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 a rezoning under Case No. ZC13-001; 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 Ordinance O-13-xxxx Page 2 of 6 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 changing the zoning on 53.2 acres on Tract 1F and 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 and iC, Abstract 295 of the William E Crooks Survey located at 7612 and 7624 Pleasant Run Road from the AG-Agricultural zoning district to the PUD-R-Planned Unit Development Residential 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 PUD-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 1.4 dwelling units per acre as described in Exhibit “C”. Exhibit “C” is attached herein for descriptive purposes only and shall not be referenced as a regulatory guide for the purpose of this ordinance. Ordinance O-13-xxxx Page 3 of 6 b. The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with the conceptual site plan, Exhibit “D”, which shall not be considered the preliminary plat. The lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage, or other conditions. The actual street layout shall be consistent with Exhibit “D”. b. The developer shall submit and receive approval from the City, a preliminary and final plat, approved in one or more phases, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: 1. The minimum lot width shall be 90 feet. 2. The minimum lot size shall be 13,000 square feet, with and average lot size of 16,050 square feet. 3. The minimum front yard setbacks shall be 20 feet. 4. The minimum rear yard setback shall be: a. From the main structure: 25 feet b. From an accessory structure: 10 feet 5. The minimum side yard setbacks shall be 9 feet. Ordinance O-13-xxxx Page 4 of 6 6. The maximum building height shall be 35 feet. 7. For lots located on cul-de-sacs and half cul-de-sacs, the minimum lot width shall be 70 feet measured at the front building line and 35 feet measured at the right-of-way line. 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development: a. The surface area of the front exterior wall, excluding windows, doors, gables, and covered porches shall be at least 85 percent masonry or hand-troweled, cement-based three-coat stucco. b. The surface area of all side and rear walls shall be at least 75 percent masonry or hand-troweled, cement-based three-coat stucco. c. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6 of the Land Development Code. 6. OPEN SPACE a. This development shall provide a minimum of 36.9 percent common open space, which shall be configured as shown on Exhibit “D”. All open space areas shall be landscaped and maintained by the HOA. 7. RESIDENTIAL DENSITY REQUIREMENTS a. Residential density shall not exceed 1.4 dwelling units per acre. 8. SCREENING AND TREES a. A minimum of two, three (3) inch caliper hardwood shade trees shall be planted on each lot at the time of new home construction. b. A minimum eight (8) foot solid masonry wall shall be constructed along the common property line of the Ordinance O-13-xxxx Page 5 of 6 development and the adjacent property to the south located at 7504 and 7404 Pleasant Run Road prior to the acceptance of final public improvements. The wall shall be maintained by the homeowner’s association. 9. SIDEWALKS AND TRAILS a. In lieu of constructing the required ten (10) foot trail along Pleasant Run Road, the developer shall pay into escrow the cost of constructing the trail as determined by the City Engineer prior to the filing of the final plat for the development. 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. Ordinance O-13-xxxx Page 6 of 6 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of June 2013. The second reading and public hearing being conducted on the 18th day of June 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley 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 Exhibit “B” – Legal Description Continued PUD-R (The Overlook at Big Bear Creek-Colleyville) Page 1 of 7 May 6, 2013 Planned Unit Development (PUD-R) for Overlook at Big Bear Creek Colleyville, Texas HISTORY AND STATEMENT OF INTENT Established in 1988, Wilbow Corporation, the Dallas based U.S. Operation, is a wholly-owned subsidiary of Wilbow Group Pty. Ltd. located in Melbourne, Australia. Wilbow is currently involved in numerous real estate developments in the Dallas/Fort Worth and Houston areas. Wilbow has been the recipient of numerous accolades and won Business and Industry Awards for Excellence in commercial property development including the Urban Design for Tribute at Mills Branch and the McSam award for Marketing of the Heritage residential community. Wilbow Corporation maintains an experienced and well-diversified professional staff with a combined 100 years of real estate development experience, and has consistently been ranked as one of north Texas’ largest residential developers by the Dallas Business Journal. Wilbow’s financial strength, experience and history of success mean that each development is thoughtfully planned and executed with efficiency and expertise that few other developers possess. Wilbow Corporation, doing business as Pleasant Run Colleyville, Inc, (PRC), being the applicant and developer of the 53.2-acre “Overlook at Big Bear Creek” property, part of the Wm. E. Crooks Survey, Abstract No. 295, and part of the Hall Medlin Survey, Abstract No. 1038, hereby makes a request to rezone the property, currently zoned Agriculture (AG) per the August 2007 zoning map, to Planned Unit Development-Residential (PUD-R). With PUD-R zoning, the use will be consistent with the adjacent single– family zoning designations and Colleyville’s Future Land Use Plan 2025 which designates the property as “Single Family Residential”. PROJECT LOCATION & DESCRIPTION The Overlook at Big Bear Creek (The Overlook) is located along the north central Colleyville border with Southlake, adjacent to Pleasant Run Road on the east and the Monticello neighborhood to the west. The north property line generally follows the centerline of Big Bear Creek, the same being the municipal Exhibit "C" - Statement of Planning Objectives PUD-R (The Overlook at Big Bear Creek-Colleyville) Page 2 of 7 May 6, 2013 boundary. The property is bordered on the south by the Titan well site and undeveloped agricultural land. The property is a generally rectangular, 53.228 acre tract that consists of four smaller parcels, each formally owned by John W. and Oburn Quenichet. Overlook will be developed into approximately 73 single-family home sites and additional open space lots, for a density of 1.37 dwelling units per gross acre, well below the allowed maximum residential density of 1.8 dwelling units per gross acre. Each home site shall be a minimum of 13,000 square feet however, the average lot size shall be approximately 16,000 square feet. SITE ZONING AND PLANNED DEVELOPMENT STANDARDS The zoning classification for The Overlook shall be Planned Unit Development-R “PUD-R” and shall be developed according to the following standards: Item PUD-R Zoning Proposed Zoning Minimum Lot Size 13,000 Square Feet 13,000 Square Feet Average Lot Size 16,000 Square Feet 16,050 Square Feet Minimum Lot Width 100 feet 90 feet Minimum Front Yard 30 feet 20 feet Minimum Side Yard 10 feet 9 feet Minimum Rear Yard 25 feet 25 feet for main structure 10 feet for ancillary structures Maximum Building Height 30 feet 35 feet measured from high point on lot to top of roof line BUILDING SETBACK PROVISION Special consideration of reduced lot width is hereby requested for lots located on cul-de-sacs and those located on 90-degree elbows in the streets. The minimum lot width for such lots measured at the building line shall be 70-feet. The minimum lot width for such lots measured at the right-of-way line shall be 35-feet. Exhibit "C" - Statement of Planning Objectives PUD-R (The Overlook at Big Bear Creek-Colleyville) Page 3 of 7 May 6, 2013 IMPACT FEES Because the calculated portion of the City’s Perimeter Street Fee is less than the per lot road impact fees generated by this project, PRC shall bear no cost associated with the City’s Perimeter Street Fee. Instead, the per lot road impact fee of $4941.00 shall be paid for by the builder at the time of each applicable building permit. In addition, water and wastewater impact fees shall be paid for at the time of building permit by the builder. There shall be no park impact fee paid for by PRC. No other impact fees shall be applicable. PARKLAND DEDICATION In lieu of Park Dedication Fees, we will dedicate via final plat approximately 17 acres of private parkland/open space within the development, which shall include a permanent surface trail system, benches, native and picnic areas. We may elect to dedicate a public access easement over and across the trail system for use by all residents of Colleyville. In addition, we will dedicate approximately 3 acres of private parkland/open space adjacent to Forest Meadow Drive within the development. This 3 acres alone represents approximately ten (10) percent of the developable area of the subdivision. All private parkland/open space will be maintained by the Home Owner’s Association (HOA) for the development, which will be created for the purpose of owning, operating and maintaining the common features within the community. HOMEOWNERS ASSOCIATION All property owners within The Overlook shall be required to be members of the HOA which shall assume ownership and responsibility for the open space areas, entry features, landscaping, irrigation and all fencing within the open space areas created via the Final Plat. The HOA shall also be responsible for enforcement of all deed restrictions for the community. PRC, as Declarant, shall regulate and approve new home architecture and plot plans in conformity with the deed restrictions for the community. SUBDIVISION DESIGN CONSIDERATIONS Streets shall be 31 foot, back to back concrete with curb and gutter within a 50 foot Right of Way. Streets shall be dedicated to the City of Colleyville (City). Similarly, all water lines, sanitary and storm sewer shall be Exhibit "C" - Statement of Planning Objectives PUD-R (The Overlook at Big Bear Creek-Colleyville) Page 4 of 7 May 6, 2013 designed and constructed to City standards. Upon construction and inspection by the City, such infrastructure shall be dedicated to the City for continued maintenance and operation. DRAINAGE DESIGN CONSIDERATIONS The site generally slopes from south to north and is heavily wooded along the north and east boundaries. Big Bear Creek and its 100-year floodplain traverses the property on the northern boundary receiving the natural runoff from the property. The drainage system for the community shall be designed so that the storm water runoff continues to be conveyed directly into Big Bear Creek. The development of the property will not have significant impact on the total amount of runoff in this reach of Big Bear Creek due to the low density, large lot size and the relatively small contributing area of the project in relation to the entire watershed conveyed by Big Bear Creek, and therefore, no detention shall be required for this project. See accompanying exhibit of offsite drainage area. A small portion of the developable area lies within the FEMA designated 100-year floodplain. PRC intends to mitigate the small areas intended to be developed within the floodplain by providing comparable storage volume elsewhere on-site. The plan for such comparable storage shall be submitted for administrative review and approval by Colleyville’s Certified Floodplain Manager (CFM). LANDSCAPE AND TREE MITIGATION No tree survey or tree mitigation shall be required for open space areas shown on the attached Development Plan. Areas within proposed rights-of-way, proposed building pads, public and private easements shall also be exempt from tree mitigation requirements; however an inventory of protected trees within such areas shall be shown on a tree survey. Builder installed trees located in front and rear yards shall count towards any mitigation required as a result of the development process so long as the tree species conform to the City’s tree mitigation requirements. PRC shall require a minimum of 2 (two) 3” caliper hardwood shade trees be installed by the builder on each lot. SUBDIVISION TRAFFIC AND CIRCULATION PRC shall provide a stub-through road to connect to existing Harrison Lane to the west. Wildflower Way Exhibit "C" - Statement of Planning Objectives PUD-R (The Overlook at Big Bear Creek-Colleyville) Page 5 of 7 May 6, 2013 shall stub to the property immediately to the south in anticipation of future single-family development. No traffic impact analysis (TIA) shall be required since the development is not projected to generate in excess of 1,000 vehicle trips per day. SIDEWALKS PRC hereby requests a variance from the sidewalk requirements and as such, no sidewalks will be constructed along the streets within the development. This request is consistent with adjacent neighborhoods, among them and adjacent to this proposed development is Monticello, which does not contain sidewalks along the streets. Further there is no existing sidewalk or trail along Pleasant Run Road. Due to lack of connectivity and challenging topography, we request a variance from the sidewalk/trail requirement. TRAIL MASTERPLAN PRC hereby requests a modification to the Trails and Sidewalk System Masterplan dated October 18, 2005 which shows a trail system along Pleasant Run Road. Due to the natural topography and lack of connectivity to other such facilities along Pleasant Run Road, construction of a trail system here is not viable. In lieu of the roadside location, PRC shall construct a trail system as a continuation of the neighboring Monticello trail system within the private parkland/open space located wholly within the community. SCREEN WALLS AND FENCES The existing natural vegetation/trees will provide a natural live screen for the entire property frontage along Pleasant Run Road. Therefore, PRC intends to construct an entry feature and monumentation only at the main entry at Pleasant Run Road as shown on the attached Site Plan. The entry feature shall incorporate masonry, brick, stone and wrought iron fence as necessary to ‘tie’ back into existing vegetation. Wrought iron fencing shall be allowed, but not required, along the side and rear property lines of each lot and adjacent to and within the 100-year floodplain. Privacy fences shall not be allowed within the 100-year floodplain. Exhibit "C" - Statement of Planning Objectives PUD-R (The Overlook at Big Bear Creek-Colleyville) Page 6 of 7 May 6, 2013 DEVELOPMENT SCHEDULE PRC intends to obtain approval of zoning by July 2013 with platting and engineering plans to follow immediately thereafter. Construction of the first phase of approximately 33-39 lots to commence immediately following approval of engineering plans. Construction shall take approximately 9 months. Concurrent with development of the first phase, entitlements to include final platting of the second phase will be underway. Upon completion of the first phase and formal approval of the Phase II final plat, PRC will commence construction on Phase II. We anticipate construction on Phase II to commence in the fall of 2014 and be completed by summer 2015. Construction of homes within the first phase shall commence immediately upon City acceptance of the Phase I infrastructure. PRC requests that each phase be given consideration for an early release grading permit upon preliminary plan approval and early release building permits upon substantial completion of paving, as determined by the City inspector during the initial infrastructure walkthrough. BUILDER PRODUCT Homes within this community are expected to range in the $500k to $1MM+ range. Typical lot pads shall be approximately 70’ wide by 70’ deep. Minimum house size shall be 3,000 square feet. Maximum height for each home shall not exceed 35’ as measured from the highpoint of the lot to the top of the roof. The surface area of the first floor exterior wall (exclusive of openings for windows and doors, gables over wood framing, areas under covered porches, box and bay windows and other architectural projections) and all second story walls (exclusive of openings for windows and doors, gables over wood framing, areas under covered porches, box and bay windows and other architectural projections) in the same vertical plane as the first floor wall shall be veneered with a minimum of 85% (eighty-five percent) coverage of unit masonry (defined below) or hand troweled, cement-based 3-coat stucco on the front elevation and 75% (seventy-five percent) unit masonry or hand-troweled, cement-based, 3-coat stucco on the side and rear elevations. Unit Masonry shall mean brick, natural stone, or concrete cast stone (or combination of these materials) laid up by unit and set in mortar. ECONOMIC DEVELOPMENT INFORMATION Exhibit "C" - Statement of Planning Objectives PUD-R (The Overlook at Big Bear Creek-Colleyville) Page 7 of 7 May 6, 2013 As envisioned, The Overlook will generate substantial tax revenue for Tarrant County and the City of Colleyville. PRC estimates homes will be completed according to the following schedule: Year Homes Completed Total 2014 5 5 2015 20 25 2016 20 45 2017 20 65 2018 8 73 Based on the 2010 ad valorum tax rate of $2.28/$100 and an average home price of $750k, estimated ad valorum taxes are as follows: Year Ad Valorum Tax 2015 $86,000 2016 $428,000 2017 $770,000 2018 $1,111,000 2019 $1,248,300 2020 $1,248,300 Note: Tax estimate assume a flat rate based on 2010 values. SUMMARY The Overlook, when developed, will be a large lot up-scale development featuring 73 residential lots containing custom and semi-custom homes from $500k on up. PRC believes that The Overlook will be a meaningful contribution to the City of Colleyville, and provide consistency with the adjacent neighborhoods while complying with the City’s Future Land Use Plan. The home values will generate significant tax revenues for the City and protect surrounding home values. The requests of the PUD-R made herein are consistent with the PUD-R provisions and have been thoughtfully construed so as to protect surrounding home and community values, while upholding the guidelines created by the City’s comprehensive zoning ordinance. PRC respectfully requests the City of Colleyville Planning and Zoning Commission and City Council approve this PUD-R and allow The Overlook to move forward as planned herein. Exhibit "C" - Statement of Planning Objectives Exhibit ”D”- Conceptual Site Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 05/13/2013 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for a Special Use Permit for a Package Store on Lot 3R1, Block 1 of the Andy Felps Addition located at 3919 Colleyville Boulevard, Suite A, Case ZC13-003 Explanation Amin Chagani has submitted a request for a Special Use Permit (SUP) in order to operate a package store called "Colleyville Fine Wine and Spirits" at 3919 Colleyville Boulevard. The proposed package store will encompass approximately 3,650 square feet. Existing Zoning and Development Conditions. The property is zoned CC2- Shopping Center zoning district and is platted. The subject property is currently developed as a multi-tenant shopping center housing a bakery, a retail business, and a vacant suite. The shopping center has approximately 7,806 square feet of leasing space. Package stores are allowed in the CC2-Shopping Center zoning district with the approval of an SUP. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation. Site Plan. The site plan submitted by the applicant shows the proposed package store to be a remodel of a portion of the current building. It also illustrates required parking. Landscaping. No landscaping plan was submitted by the applicant. Staff recommends that the subject property meet the minimum requirements of Chapter 4-Landscaping and Buffering prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Dumpster Locations. The site plan includes a dumpster enclosed by a chain link fence, located in the eastern corner of the property. Staff recommends that the dumpster be screened per the requirements of the Land Development Code. This provision has been added to the proposed ordinance. Hours of Operation. The Texas Alcoholic Beverage Code (TABC) mandates that all package stores cannot sell, offer for sale, or deliver any liquor on: New Year's Day, Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Commercial Design Standards in the Land Development Code, commercial buildings located in the CC3-Highway Commercial zoning district require a minimum design score of 30. All package store applications require a detailed building design an articulation plan. The applicant has not provided proposed building elevations showing improvements to the building façade, and has not provided the commercial design standards worksheet that calculates the design score. Staff has performed a cursory review of the current commercial design score of the building and estimates the current score to be 18. Staff recommends that the entire building meet a minimum design score of 30 per the requirements of the SUP permit. This provision has been added to the proposed ordinance. Signage. The applicant has submitted front and rear wall sign exhibits with this request. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. Staff also recommends that upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. The sign provisions noted above have been added to the proposed ordinance. Store Layout and Crime Prevention. The applicant has submitted a floor plan detailing the proposed location of all items to be sold, check-out points and a list of 16 security camera locations. In terms of crime prevention, staff recommends that all package stores be required to comply with the Crime Prevention Recommendations for Convenience Stores and Package Stores. This document has been added to the proposed ordinance as an exhibit. Access, Parking and Traffic Generation Access. The site contains two driveway approaches. There is a not a protected left turn lane off SH26 for south bound traffic turning into the property. A mutual access easement exists between the subject property and the adjacent bank property to the Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 south, plated as Colleyville Hibernia Addition, Lot 1, Block A. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. There is no category for package stores in the publication. For previous package store cases, staff has estimated traffic generation based on convenience stores with gasoline sales. Based on the calculation of a convenience store with gasoline sales, 4,406 square feet of gross floor area is expected to generate 522 trips per day, on average. Parking. The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and package stores. Based on this requirement, the applicant is required to provide a minimum of 18 parking spaces. The site plan for the proposed package store shows 19 parking spaces for the entire property. The remaining use of the shopping center is retail. The Land Development Code requires one (1) parking space per 200 square feet of gross floor area. After subtracting the square footage of the package store, the total square footage left over is 4,156 square feet. Based on this calculation, 20 additional parking spaces are required for the remainder of the shopping center. The total amount of parking required is 39 spaces for the entire shopping center. The Texas Department of Transportation (TXDOT) has released renderings of the expansion plans for SH26, detailing the required right-of-way taking associated with the expansion. The taking action will eliminate two (2) existing parking spaces on the subject property. This will bring the amount of parking on the site down to 17. The TXDOT schematic detail has been attached to this briefing. The following table details the required parking for other active package store locations in Colleyville: Hall's Wine and Spirits 20 Goody Goody 143 Bear Creek 42 Tri-City Spirits 16 Mirage Fine Spirits 22 Fossil Creek Spirits 39 Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other package store applications on file. All measurements are calculated based on a straight line drawn Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 4 from the closest point of the subject property line to the closest point of the property line of the closest use or package store application in Colleyville only: Distance to closest residence:60 feet Distance to closest school:4,300 feet Distance to closest church:1,980 feet Distance to closest day care:660 feet Distance from other active package store locations approved and pending: Hall's Wine and Spirits - Approved 4.7 miles Goody Goody - Approved 1.0 miles Bear Creek Spirits and Wine - Approved 3.6 miles Tri-City Spirits - Approved 3.2 miles Mirage Fine Spirits - Approved 0.6 miles Fossil Creek Spirits - Approved 3.6 miles Surrounding Properties. The adjacent property to the southwest is zoned CC3- Highway Commercial and is developed as a bank. The adjacent property to the northeast is zoned CC3-Highway Commercial and is a fast-casual Mexican food restaurant. The adjacent properties to the east are a mixture of zoning from CC3- Highway Commercial transitioning to R20-Single Family Residential. Properties to the west are in the City of Hurst and are developed as retail and office properties. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification. Staff notified 14 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 for this request. Staff Analysis and Summary of Recommendations. Staff has written the proposed ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: - All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. - The building shall meet a minimum design score of 30 per the requirements of Chapter 6 Commercial Design Standards in the Land Development Code. - All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 5 108.52 of the Texas Alcoholic Beverage Code by reference; thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance; (3) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. - All dumpsters shall be screened per the requirements of the Land Development Code. - All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the proposed ordinance as an exhibit. The following is an analysis of the request, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations?No Complies with landscaping regulations?No Complies with sign regulations?Yes Complies with minimum building design score?No Complies with outdoor storage restrictions?Yes Traffic Impact Analysis required?No Proposed Use is over 300 feet from church, school & hospital?Yes Recommendation Approval with the following conditions: 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.Statement of Planning Objectives 5.Site Plan Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 6 6.Aerial Looking East 7.Overhead Aerial 8.Floor Plan 9.Wall Sign - Front 10.Wall Sign - Rear 11.TxDOT Schematic for Reconstruction 12.Locations of Security Cameras 13.Ordinance O-13-xxxx Owner Name Owner Address Owner City Owner State Owner Zip Situs Address 3919 Colleyville Blvd Ltd PO Box 802736 Dallas Texas 75380 3919 Colleyville Blvd 99 Cents Only Stores Tx Inc 4000 Union Pacific Ave Los Angeles California 90023 3901 Colleyville Blvd Velasquez, Florentino & Daisy 1830 Silverside Dr Grapevine Texas 76051 4001 Colleyville Blvd Lemmon, William M Etux Carol A 133 E Rio Rdg Azle Texas 76020 4003 Colleyville Blvd Hayworth, Ward 2757 Mesquite Ln Grapevine Texas 76051 4007 Colleyville Blvd Blue Star Land Lp 1 Cowboys Pkwy Irving Texas 75063 3901 Colleyville Blvd Harris, D Keith 108 Cheek Sparger Rd Colleyville Texas 76034 108 Cheek Sparger Rd Hahn, Edward & Doris Est 7500 Windswept Trl Colleyville Texas 76034 100 Cheek Sparger Rd Uhlenhaker, Ronnie R PO Box 1705 Colleyville Texas 76034 105 CHEEK-SPARGER RD Hibernia National Bank 275 Broadhollow Rd Melville New York 11747 3907 Colleyville Blvd Dennie, Paul D Etux Peggy M 200 Cheek Sparger Rd Colleyville Texas 76034 200 Cheek Sparger Rd Byerly, Mimi & Jeffrey S 7109 Pebble Hill Dr Colleyville Texas 76034 125 Acuff Ln Howell, Dean G 104 Cheek Sparger Rd Colleyville Texas 76034 104 Cheek Sparger Rd Amin Chagani, Applicant 3830 Old Denton Carrollton Texas 75007 Applicant Public hearing notices were mailed Friday, April 26th by Taci Wrisley Notification List MID-CITIES BLVD WO O D C R E S T D R W GREENBRIAR LN ACUFF LN B R E N T W O O D C T GRA P E V I N E H W Y GR E E N B R I A R C T FELPS CT WOODBINE DR SA N B A R L N MI L L H A V E N D R GREENBRIAR LN 3725 3716 111 104 121 123 3717 119 129 4003 124 3811 3919 115 3907 3708 118 3717 3713 3708 100 3901 3713 203 108 114 3726 3714 112 110214 3900 3709 211 3709 3701 120 210 208 204 3708 200 206 3704 116 3704 3704 3712 127 3700 3716 301 3709 107 37013704 3713 3720 3708 125 121 300 4001 3722 200 105 3709 3708 207 112 100 3705 3705 4121 116 3712 4201 3700 125 3716 3721 3717 3721 128 3704 212 3801 119 3705 3704 4125 104 3716 3705 120 4007 124 3809 4105 128 3705 3708 202 3901 4117 37133712 108 3709 3717 3718 106 123 4205 Buffer Map Statement of Planning Objectives Site Plan Aerial Looking East 4003 3919 3907 4001 Aerial Floor Plan Locations of Security Cameras ORDINANCE O-13-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 3R1, BLOCK 1, OF THE ANDY FELPS ADDITION LOCATED AT 3919 COLLEYVILLE BOULEVARD, SUITE A, BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; 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. ZC13-003; 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 Ordinance O-13-xxxx Page 2 of 5 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a package store on Lot 3R1, Block 1, of the Andy Felps Addition located at 3919 Colleyville Boulevard, as depicted on Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT 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 a package store as and described in Exhibit “B” and depicted in Exhibit “C”. b. The package store authorized by this Special Use Permit shall not exceed 3,650 square feet in size. 2. PARKING a. All required parking including the number, location and dimensions of parking shall meet the minimum requirements Ordinance O-13-xxxx Page 3 of 5 of the Land Development Code. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 4. SIGNAGE a. All signs advertising the package store shall meet the following conditions: (1) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7- Sign Regulations in the Land Development Code; (2) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of which all requirements pertaining to signage shall apply to this Special Use Permit; (3) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment; (4) the business name shown on the sign(s) shall read “Colleyville Fine Wine and Spirits”. 4. DEVELOPMENT REQUIREMENTS a. The building design of the business shall, at a minimum, have a design score of 30 as described in Chapter 6 of the Land Development Code. b. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. c. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit “D”. d. 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. Ordinance O-13-xxxx Page 4 of 5 e. 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 4th day of June 2013. The second reading and public hearing being conducted on the 18th day of June 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor Ordinance O-13-xxxx Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Statement of Planning Objectives Exhibit “C” – Site Plan Exhibit “D” – Crime Prevention Recommendation CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: “Convenience Store” means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. “Drop Safe” means a cash management device in which money can be deposited without the depositor having access to the contents. “Employee” means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. “Height Marker” means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. “Package Store” means a retail establishment that sells “liquor”, as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. “Manager” means the person designated as the supervisor or person in charge of the operations of the store. Exhibit “D” – Crime Prevention Recommendation Continued “Owner” means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating a convenience/package store. Height strips A convenience/package store shall have height strips posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a “peep hole”, which enables employees to visually observe the area immediately outside the door. Exhibit “D” – Crime Prevention Recommendation Continued Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have a time-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high- resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 05/13/2013 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 5, Block 3 of the Southgate Addition located at 3709 Wayne Drive; and approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2, Block 1 of the Covenant Christian Academy Addition and Lot 1R of the Colleyville Presbyterian Church Addition located at 715 and 901 Cheek Sparger Road, Case ZC13- 004 Explanation Colleyville Covenant Christian Academy has submitted a request to amend PUD-C Ordinance O-09-1725 and rezone 3709 Wayne Drive from R-40-Single Family Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district thereby incorporating 3709 Wayne Drive into the larger PUD district. The applicant is seeking the zoning change in order to expand the existing private school and amend the current site plan. Existing Conditions. The subject properties are currently platted as four lots. 715 and 901 Cheek Sparger are currently developed as Colleyville Presbyterian Church and Covenant Christian Academy and are zoned PUDC-Planned Unit Development Commercial. 3709 Wayne Drive is developed as a single family home. However, on July 10, 2012, the Zoning Board of Adjustment granted a special exception to allow the temporary use of an athletic facility in conjunction with a private school in a single family residence at 3709 Wayne Drive. Since then, the school has been utilizing the home as a weight room for the athletic program. Existing PUD Requirements. Ordinance O-09-1725 allows a church, private elementary, secondary and high school not to exceed 750 students total, and recreational and athletic uses incidental and accessory to the uses listed above. The following is the campus building schedule authorized by Ordinance O-09-1725: Secondary School - 46,000 square feet maximum (complete) Administration - 6,000 square feet maximum (complete) Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 Administration - 6,000 square feet maximum (complete) Grade School - 22,000 square feet maximum (complete) Athletic Field - Seating for 400 people maximum (complete) Library - 6,000 square feet maximum (not built) Multi-purpose - 19,200 square feet maximum (not built) High School - 48,000 square feet maximum (not built) Applicant’s Proposal and Development Schedule. The applicant proposes to adopt a new site plan which will incorporate a baseball stadium over an underground parking garage on the southern portion of the property. The applicant also proposes to expand the football stadium as well as add additional recreational uses. The following is a detailed breakdown of the applicant’s proposal: - Incorporate 3709 Wayne Drive into the PUD (currently zoned R40-Single Family Residential district) - Construct a new, lighted 450 seat baseball stadium with a 400 space parking garage underneath the stadium (completion scheduled for 2022) - Expand the existing football/soccer field to be lighted with covered bleachers on both sides of the stadium with total seating capacity of 1,950 (completion scheduled for 2027) - Add 42,400 square feet to the secondary school building (Redeemer Hall – completion scheduled for 2017) - Add 27,000 square feet to the administration building (Nissi Hall – completion scheduled for 2032) - Add a 50,000 square foot gymnasium (completion scheduled for 2037) - Increase total enrollment from 750 to 855 students - Add a new fire lane around the football/soccer field Building Design. The applicant provided conceptual elevations of all proposed buildings which are attached to the briefing. Per the requirements of Chapter 6- Building Design in the Land Development Code, all buildings shall meet a minimum design score of 30 and shall be composed of 100% approved masonry material. Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 3 Replat Requirement. Upon approval of this PUDC amendment, the applicant will be required to replat the subject properties such that 3709 Wayne Drive is incorporated into the Covenant Christian Academy Addition. Parking and Access. The applicant intends to provide 442 additional parking spaces to the site. There are currently 218 campus wide spaces provided for the school. The proposed site plan shows most of the new parking in the proposed parking structure to be located underneath the proposed baseball stadium. The applicant is proposing the additional parking to be able to have enough parking for spectators for athletic events while also having enough parking for the school use simultaneously. The parking requirements and current/proposed parking breakdown for the existing uses and proposed by the school are as follows: Elementary and middle schools: One space per classroom plus one space per 400 square feet of office space. Source: Land Development Code Parking currently required: 36 Parking needed based on proposal: 14 Total: 50 High Schools: One space per 1.5 students and staff. Source: Land Development Code Parking currently required: 159 Parking needed based on proposal: 26 Total: 185 Athletic Fields: One space per every four seats. Source: American Planning Association – Recommended Off-Street Parking Requirements. Parking currently required: 0 Parking needed based on proposal: 600 Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 4 Total parking required based on staff’s analysis: 835 spaces This parking analysis assumes a scenario whereby events would take place at all athletic fields while school is in session. Based on the applicant’s proposal of a maximum of 650 parking spaces, the assumption is made that there would not be a simultaneous event. Given the applicant’s assumption noted above, staff proposes leaving Section 5(6)b of Ordinance O-09-1725 in place. This section states: “In order to ensure adequate parking is provided at all times, no athletic events involving competition with another school may occur during normal school hours”. This will ensure that adequate parking is provided at all times. With regard to access, the applicant proposes adding two additional driveway approaches along Wayne Drive in order to provide access to the proposed parking garage/baseball stadium on the south, and the new parking lot on the north. The campus will be accessed by a continuous 24 foot wide fire lane linking Cheek Sparger to Wayne Drive. According to the site plan, three driveways currently access Cheek Sparger. Two additional driveways are proposed along Wayne Drive. Traffic Impact. On December 1, 2009 the City Council approved a traffic impact analysis (TIA) performed by Lee Engineering for the current campus plan approved by Ordinance O-09-1725. The recommendations of the current TIA are as follows: “- The maximum allowable student capacity is 750 students. At build-out of the school, CCA is predicted to generate approximately 840 trips during the AM peak hour and 630 trips during the school PM peak hour. - The intersection of Cheek-Sparger Road and Wayne Drive operates at a level of service LOS) F during the AM peak hour, resulting in a 52.6 second delay per vehicle. With the recommended improvements in place, the LOS will increase to a LOS D, decreasing the delay to 32.5 seconds per vehicle. Therefore, the recommended improvements provide a 38% increase in the efficiency of the intersection. The recommended improvements are as follows: 1) Install a westbound left turn lane with 100 feet of storage length plus appropriate transition length. 2) Provide time restricted left turn movements for the northbound approach of Wayne Drive at Cheek-Sparger Road. Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 5 - Prohibit the right turn from driveways 6 and 7 (as shown in figure 2 in the TIA) by installing a no right turn sign. Currently, approximately 15% of the student population are Bedford residents. It is reasonable to assume that some of these drivers will travel south on Wayne Drive to return to their homes. Additionally, if 100%of the trips from driveway 6 and driveway 7 are routed to the south, the volume predicted on Harwood Terrace is still below what is reasonable for a residential street. Thus, given the relatively low impact of traffic projected to travel south into Bedford from the school, staff recommends that "no right turn signs" be placed within private school property and not Wayne Drive right-of-way. This action would release the City from enforcement duties for the "no right turn" sign while also discouraging students and staff from turning right onto Wayne Drive when leaving school. - With the construction of the new grammar school, the improvements listed in the PUD for driveways 1 and 2 are no longer necessary. These driveways will no longer be utilized by the school for parent pick-up and drop off. - Driveway 3 is served by an unimproved shoulder. A right-turn lane with 100 feet of storage length with the appropriate transition length should be constructed for this driveway. This construction will require Driveway 2 to be closed. - Modify the existing school zone along Cheek-Sparger Road. It should begin 200 feet west of Mockingbird and extend 200 feet east of Wayne Drive to accommodate turning movements along Cheek-Sparger. Install a reduced speed school zone on Wayne Drive from Cheek-Sparger Road to 200 feet south of the school property. - All roadway infrastructure improvements should be completed before the school is open.” To date, all of the above recommendations have been addressed. Given the proposed 14% increase in enrollment, the additional seating capacity and parking capacity associated with the proposed athletic fields, and the two additional driveway approaches proposed for Wayne Drive, staff recommends that either the current TIA be amended to account for the new proposal by the applicant, or a new TIA be commissioned prior to any new construction. This condition has been added to the proposed ordinance. Baseball Stadium and Parking Garage Details. The proposed baseball stadium will be built on the southern portion of the subject property, which is currently undeveloped and heavily forested. According to the development schedule, the proposed stadium will be complete by 2022. The baseball field will have seating for 450 people. The parking structure located beneath the baseball field will provide 400 parking spaces. Per the attached exhibits, the total height of the parking garage and baseball field will be 35 feet as viewed from Wayne Drive. The parking garage will be required to have a fire suppression system given its size. In terms of setbacks, the proposed structure would be required to be setback a minimum of 40 feet from Wayne Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 6 Drive and 25 feet from all other property lines. Based on the proposed site plan, the proposed structure appears to comply with this requirement. As the parking garage will be considered a structure, all trees located in the footprint of the future structure will be considered exempt according to the provisions of Chapter 5-Tree Preservation in the Land Development Code. For all commercial properties, trees located within the building footprint are considered exempt. Football Field Details. The applicant proposes to lower and move the entire field to accommodate a new fire lane to be located behind the stadium on the west. According to the development schedule, the proposed stadium will be complete by 2027. Under the current site plan and bleacher details approved under Ordinance O-09-1725, seating for the football is capped at 400 persons with all seating on the east side of the field. For the altered field, the applicant proposes 1,950 seats total with seats on both sides of the field. The field would contain a “roofless” design whereby the bleachers would be covered but the field would be open to the sky. The applicant states that this design would minimize noise impacts to the surrounding neighborhoods by shielding crown noise while the game announcer would speak through a PA system mounted underneath the roof. According to the attached plans, the height of the structure covering the bleachers would be 49 feet. The maximum building height allowed by the Land Development Code is 35 feet. In terms of setbacks, the proposed structure would be required to be setback a minimum of 25 feet from the west property line. Based on the attached bleacher elevations, the distance from the structure to the west property line would be 31 feet. Stadium Lighting. The applicant proposes having lighting for both outdoor stadiums in order to host nighttime sporting events. Although no lighting plans were submitted with this application, based on the light poles shown in the scaled baseball stadium/parking garage elevations, the light poles will be approximately 85 feet in height. The applicant states that, in order to accommodate concerns from neighbors, the proposed stadium lights will be “zero-bleed” lights, which the applicant claims will produce zero foot candles of illumination when measured at the property line. Section 5(7) of Ordinance O-09-1725 states the following with regard to lighting for the campus: “a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. b. There shall be no permanent lighting nor shall there be any nighttime illumination of any kind for the athletic field.” Staff recommends that these provisions remain in the proposed ordinance. Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 7 Additionally, given the scope, size, development timeline and potential impacts of the two proposed stadiums to the surrounding neighborhood staff recommends that the applicant return with a detailed site plan and detailed building elevations for all facets of the proposed stadiums to be approved by the City Council prior to the issuance of any building permits. This condition has been added to the proposed ordinance. Landscaping and Open Space. The Land Development Code requires that the development provide a minimum of 20 percent open space. Ordinance O-09-1725 requires that the development provide a minimum of 60 percent of open space. Based on the addition of the proposed parking garage, the proposed parking lot to the north, and the new additions to the other structures, staff estimates that total open space will be reduced to 35% of the total area of the PUD, which remains in compliance with the Land Development Code. The applicant has provided a landscape plan. The applicant states that they intend to plant 90 four (4) inch caliper trees on the property. Staff recommends that all landscaping meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code and Section 5(8)b of Ordinance O-09-1725 which states, “Prior to the issuance of the certificate of occupancy for each building, there shall be a minimum of one three (3) inch caliper tree planted per each 40 feet of frontage and one five (5) gallon shrub planted per each five (5) feet of frontage along Wayne Drive and Cheek Sparger Road. The species and planting specifications shall adhere to the requirements of the Land Development Code.” Given the applicant’s statement above on tree size, staff also recommends that all new trees planted on the property be four (4) inches or greater in caliper. This requirement has been added to the proposed ordinance. Master Plan. The Future Land Use Plan designates the portion of the subject property currently utilized for a private school for institutional uses. However, 3709 Wayne Drive, currently zoned R40-Single Family Residential is designated for single family residential uses. Therefore, the rezoning request is not entirely consistent with the Future Land Use Plan. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the proposed development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting and building permit process. Sidewalks and Trails. According to Section 5(9)b of Ordinance O-09-1725, a five foot sidewalk is required along Wayne Drive. Therefore, upon incorporation of 3709 Wayne Drive into subject property, the sidewalk will be required to be extended to the City Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 8 limit boundary with the city of Bedford. Fences, Walls and Screening. A minimum eight (8) foot masonry screening wall will be required where none currently exists between the subject property and any adjacent residential properties. Development Fees. Impact fees will be required based on any increase in service units on the subject property. This includes water, wastewater and roadway impact fees. Perimeter street fees are due for Wayne Drive where it is adjacent to 3709 Wayne Drive as Wayne Drive is unimproved in this area. Surrounding Development Trends. The surrounding properties represent a variety of uses. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed as single family homes. Properties to the west are zoned CC-1 Village Retail and are developed as offices in Colleyville while properties in Bedford are zoned and developed as single family homes. The properties to the east are zoned PUD-C Planned Unit Development Commercial for the Heritage Farms senior housing development and are currently either undeveloped or pending demolition. Properties to south are developed as single family residences and are located within the City of Bedford. Public Notification. Staff mailed notices to 10 adjacent property owners and a courtesy notice was sent to the City of Bedford regarding this request. All homeowner’s associations within were notified as well. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. To date, staff has received one letter of concern. Summary. The applicant requests to amend Ordinance O-09-1725 by increasing overall school enrollment 14 percent to 855 students from the current allowance of 750 students. In order to meet the increased enrollment, the applicant intends to construct additions to existing buildings and construct additional parking. Finally, the applicant proposes to construct a new baseball stadium over a new parking garage and increase the size of the football stadium. Given the ambitious scope of the proposed stadium and parking improvements, staff recommends that these improvements require further approval through the submittal of detailed site plans and building elevations that would require separate approval by the City Council. Additionally, staff recommends that either a new, or an amended, TIA be submitted for separate City Council approval that addresses the proposed additions to the campus. Recommendation Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 9 Approval with the following conditions: 1. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with Exhibit “B”. b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved such that Lot 5, Block 3, Southgate Addition is incorporated into the Covenant Christian Academy Addition. 2. PERMITTED AND PROHIBITED USES a. Private elementary, secondary and high school not to exceed 855 students total. 3. BUILDINGS AND SITE PLAN APPROVAL a. This section shall repeal Section 5(4)a of Ordinance O-09-1725. The following buildings shall be allowed as described below and depicted on Exhibit “B” 1. Addition of 42,400 square feet to the secondary school building (Redeemer Hall) 2. Addition of 27,000 square feet to the administration building (Nissi Hall) 3. Addition of a 50,000 square foot gymnasium 4. New baseball stadium and parking garage 5. Expansion to existing football/soccer field b. Prior to construction, the baseball stadium, parking garage and expansion to the existing football/soccer field shown above, shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. c. All buildings shall, at a minimum, meet the building design and masonry requirements of Chapter 6-Building Design in the Land Development Code. 4. PARKING a. Prior to the completion of any building expansion or construction described Section Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 10 3, there shall, at a minimum, be enough on-site, off-street parking spaces provided to accommodate the maximum enrollment of 855 students. 5. LANDSCAPING AND BUFFERING a. The development shall provide a minimum of 35 percent of open space. b. Section 5(8)c of Ordinance O-09-1725 is hereby deleted. c. All new trees planted within this development, whether required or not, shall be a minimum of four (4) inches in caliper width. d. All landscaping within this development shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code, except where amended herein. 6. FENCES AND SCREENING a. Section 5(10) of Ordinance O-09-1725 is hereby deleted. b. All required screening shall meet the minimum requirements of the Land Development Code 7. TRAFFIC IMPACT a. Prior to the issuance of any building permit applied for after the effective date of this ordinance, either a new or amended traffic impact analysis (TIA) shall be submitted and approved by the City Council. Said TIA shall, at a minimum, address the development authorized by this ordinance and depicted in Exhibit “B”. Attachments 1.Location and Zoning Map 2.Buffer Map 3.Notification List 4.Letter of Concern 5.Statement of Planning Objectives 6.Conceptual View of Campus 7.Baseball Upper Deck Parking Perspective 8.Color Conceptual Site Plan 9.Redeemer Building Elevation Perspective 10.Conceptual Site Plan 11.Competition Gym Elevation 12.Football Stadium Elevations 13.Parking Structure Elevations 14.Parking Elevation and Section 15.Football Elevation and Section Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 11 16.2009 Traffic Impact Analysis 17.Ordinance O-09-1725 18.Proposed Ordinance SO U T H W O O D E SH A D O W BRIA RODEO DR MO C K I N G B I R D L N SO U T H W O O D W P L A N T A T I O N C T INWOOD LN WAYNE DR SCARLET WOODVALE CT S E R T R E E C T BE D F O R D C T 3716 4006 904 905 4006 4003 611 1001 1101 4106 4011 4106 4000 3816 4105 4109 4106 4004 901 715 3709 1002 4102 11 3804 903 1003 1007 110 400 4103 901 901 3900 3916 803 4113 906802 919 4013 3906 3813 4005 902 900 3707 905 3714 4108 1002 4000 4009 1009 601 602 4103 4112 4005 4110 4003 901 602 3808 803 4104 4104 4111 4113 801 1102 903 1005 3817 907 3716 3908 4 1001 1000 907 1005 4006 1 4003 4105 902 905 4004 0 802 4001 4102 4012 4101 2 4002 1002 4 4004603 903 4005 1000 4000 904 604 3708 4107 1100 4007 1001 3708 4100 1001 9014014 4002 4102 4007 4104 3816 4002 900 4105 4008 800 1003 1000 PUD-R PUD-C PUD-C PUD-C CC-1 PUD-C PUD-R AG CC-1 AG R20 3709 Subject Properties Cheek Sparger City of Bedford Ü SO U T H W O O D E SH A D O W R I D G E D R BRO O K H O L L O W D R BRI A R R I D G E D R RODEO DR WIL C R E S T C T MO C K I N G B I R D L N SO U T H W O O D W G R E E N W A Y C T GR E E N M E A D O W E P L A N T A T I O N C T INWOOD LN WA Y N E D R SCARLET CT WOODVALE CT BRO W N T R A I L SA D D L E B R O O K D R AUTUMN OAKS SUMM E R T R E E C T BE D F O R D C T 3716 4200 4006 904 905 4006 4003 611 1001 609 4106 4011 1101 4106 4213 4000 701 3816 4105 4109 4106 4004 901715 4202 4108 4003 4202 3709 4102 1002 1101 3804 903 4202 1105 1003 1007 1104 4005 4205 4103 901 4209 901 3900 900 4106 3916 803 4113 4200 906 4200 4200 802 4203 919 4013 4108 4205 4108 702 3906 3813 4005 4203 3906 4203 902 900 4211 3707 1102 905 3714 4108 4002 1002 4009 1009 4000 601 602 700 4103 4107 4112 4005 4106 4110 4003 901 602 1100 1004 3808 803 606 4104 3904 4104 4111 4113 604 4201 621 801 1102 903 1005 3817 4204 4107 706 907 3716 4201 4006 4201 3908 4104 1001 4105 4207 1108 1000 4202 907 1005 4109 617 4006 704 1106 4003 4105 4203 902 607 613 4010 905 1006 4004 4100 802 4001 614 4102 4012 4101 4200 4102 4002 1002 4003 4301 4004 1104 603 903 4005 600 1000 4000 904604 1007 3708 4107 4000 1100 4001 4107 4007 1001 3708 4100 1001 9014014 4102 4002 4104 4007 4104 3816 4002 900 4105 4008 4201 600 800 1003 1000 Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Colleyville Covenant Christian 901 Cheek Sparger Rd Colleyville Texas 76034 3709 Wayne Dr Ccdcw Lp 2800 E Highway 114 Ste 300 Roanoke Texas 76262 3708 Wayne Dr Presbyterian Church America 715 Cheek Sparger Rd Colleyville Texas 76034 715 Cheek Sparger Rd Reid, Terry Bryant 907 Inwood Ln Colleyville Texas 76034 907 Inwood Ln Copp, Michael K 803 Inwood Ln Colleyville Texas 76034 803 Inwood Ln Colby, Susan L 4001 Mockingbird Ln Colleyville Texas 76034 4001 Mockingbird Ln Shipp, J D Jr Etux Sandra L 901 Inwood Ln Colleyville Texas 76034 901 Inwood Ln Kelly, Deborah R 905 Inwood Ln Colleyville Texas 76034 905 Inwood Ln Jones, Gregory G Etux Michelle 903 Inwood Ln Colleyville Texas 76034 903 Inwood Ln Kirkland, Richard T 4000 Mockingbird Ln Colleyville Texas 76034 4000 Mockingbird Ln Colleyville Cov Christian Academy, Applicant 901 Cheek Sparger Rd Colleyville Texas 76034 901 Cheek Sparger Rd City of Bedford 201 N. Ector Drive Bedford Texas 76021 Courtesy Notice Saddlebrook HOA 904 Saddle Brook Drive Colleyville Texas 76034 Courtesy Notice Tara HOA 4107 Greenway Court Colleyville Texas 76034 Courtesy Notice Public hearing notices were mailed Friday, April 26th by Taci Wrisley Notification List 4/11/13 Dear Members of Planning and Zoning Board, I am a Covenant Christian Academy parent, writing in regards to the CCA Master Plan. The CCA leadership team has worked hard to maximize the school’s potential within the space that it has. I am enthusiastic about what they have proposed, except that I have a concern about the plan for a baseball field over a parking lot. In the back corner of the CCA property, bounded by Bedford to the south and west, are 1.7 acres of mature post oaks—the signature trees of the cross timbers ecosystem. The current plan for a baseball field over a parking garage requires removing about 120 mature trees—including about half of the 1.7 acres of native oaks. The CCA plan does envision planting 90 trees, many of them in the Bedford neighbors’ back yards. This is an excellent step, but it will be many, many years before those trees create the kind of environmental benefit, in sound and visual buffer, shade, temperature reduction, air quality and run-off absorption that the existing trees provide. Plus, the native post oaks cannot be replaced. (They do not tolerate transplanting, so aside from waiting 80 years for them to mature from an acorn, once they are cut down, they are gone.) They are Colleyville’s irreplaceable asset. I like how, as a Tree City USA, the City of Colleyville places a premium on these remarkable trees as major contributors to the appeal and quality of life of the city. Yet, CCA does need a place to play baseball. CCA leadership would certainly prefer to preserve the trees—they feel they have no other option. It is more than a frustration that the nearest place the team can find to play is in Euless. CCA Headmaster Keith Castello has examined all kinds of off-campus ideas for a solution, to no avail. Could the City of Colleyville help CCA find a solution? We cannot enter a shared use agreement with the City of Colleyville’s ball fields because they are bound by an exclusive contract. Might this be changed? Or, could the City help us identify a nearby school, church or park in Colleyville or Bedford that has or wants a baseball field? Might CCA pay to build or upgrade it in exchange for a shared use agreement? As to the shortage of parking, as I understand it, CCA would like to add about 300 parking spaces. Without the full-sized baseball field, and without cutting into the native trees, CCA could potentially add half of the parking spaces it needs on campus. For special events, CCA hopes to enter into a parking agreement with the retirement center going in across Wayne Dr. CCA leadership has done an admirable job of looking for neighborly arrangements such as this, but finally went with the space we have. I’m asking--can you help us with baseball and parking solutions so that we may preserve these valuable trees? Sincerely, Hylie Voss, CCA Parent hylievoss@gmail.com 817.421.3060 Letter of Concern Supporting Documents: Statement of Planning Objectives: Covenant Christian Academy (CCA) and Colleyville Presbyterian Church (CPC) have developed this campus plan to: • Provide on-campus structures and athletic facilities projected to meet the foreseeable long-term needs for the programs of the school and church without acquiring more land • Develop a comprehensive plan that seeks to eliminate the need for future PUD amendments and seek approval with the utmost transparency • Develop facilities that provide tremendous beauty and function for the surrounding community • Align the School’s needs with the City of Colleyville’s Master plan o Provide additional ball fields in Colleyville o Make our southern corner of Colleyville a great destination that positively contributes to our city’s economic development • Consider and provide reasonable solutions for the concerns of our neighbors in the design of the campus The Church moved to her current campus in 1978. The next year the Church developed plans for a Christian school. Covenant Christian Academy began classes in August of 1980. The Church and school continued to grow. CCA’s first graduating class received their diplomas in 1992. Both the Church and the school are proud to be long-standing Colleyville institutions. Since that beginning, a large number of Colleyville residents have become part of the CCA fanily. CCA has repeatedly considered different campus locations over the last thirty years. More than a dozen sites have been reviewed for some or all of the needed school facilities over the last fourteen years. Deliberate and considered acquisition of adjoining property has consistently been our best option. With the approval of the Heritage Farms senior living project on the only adjoining undeveloped property, CCA must now look to its current property to meet all of its future facility needs. In the past, particularly in CCA’s prior development and zoning dealings with the City, CCA has been restricted by limited financial resources, deed restrictions on the former residential lots along Wayne Drive and uncertainty about the amount of land that would comprise our ultimate campus. Though the school had a clear identity and goals as an educational institution, these have lacked the necessary land and physical infrastructure to fully flourish. Additionally, the school has not had the administrative bandwidth to thoroughly plan in the past. The acquisition of all of the former residential lots on the west side of Wayne Drive, removal of the former deed restrictions on those lots, growth in financial resources and consistent institutional growth and maturity has significantly altered these limitations. CCA’s mission is to provide a Biblically based, classical, college-preparatory education that inspires a passion for excellence, and heart of grace, and the character of Christ. Initiatives founded on this mission are filtered through a set of core values: 1. Imparting a Distinctively Christian Worldview 2. Employing a Classical, Interdisciplinary Educational Approach Statement of Planning Objectives 3. Pursuing the Discipline of Critical Thinking, a Lifelong Love of Learning, and an Understanding of God’s Unique Calling 4. Applying Rigorous Curricular, Instructional, and Character Standards 5. Fostering a Covenant Community Grounded in Truth and Grace 6. Promoting Financial Practices that Honor Biblical Standards of Stewardship CCA has developed this campus build-out plan so that the physical plant of the school will better exemplify the quality educational efforts that have long occurred within her walls. Teams of CCA administrators, teachers, staff members, parents, and students have constructed a comprehensive list of school’s facility uses. The school’s campus was then reviewed for the best possible layout to provide space for these activities. CCA administration has made dozens of revisions to the documents comprising this application based on the responses from every constituent segment of the school community, neighbors that reside around the school, city staff and leadership, and several different architects. Enrollment at Full Build-Out Seven years ago, CCA established a full build-out enrollment goal for the maximum number of students that the site could accommodate. Confusion about this goal has been connected to which segments of our program resided on campus. Until three years ago, CCA had leased off-site space for our Pre- Grammar School. When our lower school, Jireh Hall, was completed, we were able to unite everyone on a single campus. CCA’s current enrollment is 662. CCA’s ultimate goal is 855. The detail of this goal is listed below, which is the maximum enrollment desired by CCA. CCA believes the close-knit familial environment is a critical component of the education provided. Growing the school beyond this number negatively impacts the school’s ethos. Grade Level Enrollment Cap Pre-Kindergarten 3-Year-Olds: 20 Pre-Kindergarten 4-Year-Olds: 40 Kindergarten: 60 Pre-First: 15 1st – 12th (60 per Grade): 720 Grand Total: 855 Meeting with Neighbors: In the past, four issues have dominated neighborhood concerns: traffic, drainage, aesthetics, and noise. CCA wanted to address these concerns to the fullest extent possible, while planning for the facilities necessary to the school’s full program. As a result, the school hosted five meetings with the neighbors in both Colleyville and Bedford. CCA sent out 2246 invitations. 1312 to Colleyville neighbors and 934 to Bedford neighbors. Leadership and staff at the cities of Colleyville and Bedford were also invited to these meetings. CCA’s Headmaster and Facilities Director met with the Board of Saddlebrook’s Home Owners Association. CCA also met with the Executive Board of the Colleyville Chamber of Commerce. Each meeting included a clear exposition of the current campus build–out plan as well as time for questions and feedback. The resulting feedback was very useful in further modifying the plan. One major change, explained below, was a direct result of these meetings. CCA is thankful for the contribution our neighbors have made to this campus plan. Mitigating Concerns: Traffic: CCA is presently at 78% of full capacity. CCA has room for measured, not dramatic growth. The proposed campus plan will improve the flow of traffic on Cheek Sparger Road during our drop-off and pick-up times. The plan significantly increases capacity for internal cueing of traffic. The number of drop-off points increases and there is an additional lane through campus. There is also a dramatic increase in parking. The school currently has 218 parking spaces. The plan increases this number to 660, with 604 on the CCA site and an additional 56 on the CPC site. While development codes require only the parking necessary for a facility’s primary use, CCA wants to accommodate parking for the highest capacity events held on campus, now or in the future. Perhaps, the most impactful element for mitigating traffic issues is not on campus at all. CCA has willingly participated in the effort to create a round-about at the intersection of Cheek Sparger Road and Bedford Road. This feature will protect and facilitate the flow of the road even at peak times. Drainage: CCA mitigated drainage issues on the north end of campus during the last phase of construction. The school’s retention pond is attractive, effective, and sustainable. The pond is fed from a well and is used to irrigate the campus. This maintains the lovely aesthetic. The campus plan calls for two more retention ponds. These will care for drainage concerns caused by additional rooflines at the currently undeveloped south end of campus. These efforts combined with the work of Heritage Farms “down- stream” from CCA should serve to mitigate routine drainage issues. Aesthetics: CCA and CPC have both made significant strides over the last five years. The portables that were not desirable to neighbors, the church, and the school are long gone. Each new facility has brought an increased regard for beauty. The older facilities have been repainted and remodeled to improve curb appeal. CCA’s campus is now a lovely corner of Colleyville. The school is committed to this continued effort. With respect to the plan in this application, lights and looming rooflines were two concerns we heard from our neighbors. To meet the long-term needs for athletic competition, CCA has an express need for lighted fields. Colleyville’s Master Plan delineates the City’s need for additional ball fields. Even the Colleyville Youth Associations echo this sentiment. In an effort to balance these seemingly oppositional criteria, CCA has approached the need with the utmost consideration for the potential impact on neighbors. As a result, CCA is agreeing to zero bleed-over lights for both the baseball and soccer/football facilities. This technology, while expensive, is impressively effective. These lights cost about 57% more than traditional lights but they produce the necessary illumination for competition with zero foot-candles of light at the campus boundary. This effect is true even without the additional buffer of trees. The looming roofline concerns have been largely mitigated by a roofless building design for the soccer/football field. This design blocks direct light from our neighbors while providing a much lower roof profile. It also provides some environmental relief to spectators. CCA is assigning significant funds for landscaping. All of the feedback provided to the school has included the appreciation of trees. The school’s landscape plan includes 90 four-inch caliper trees. As part of this addition, the school has offered to plant live oak trees on 30-foot centers in the back yards of neighbors that adjoin CCA’s campus. CCA will be a largely forested campus. These trees will outline the campus as a whole and the competition facilities in particular. Ultimately, CCA’s campus will significantly contribute to Colleyville’s commitment to provide premier parks, open spaces, and neighborhood connectivity. Noise: The plan includes several components designed to mitigate noise. Some already mentioned are: low profile roofs that go behind and above spectators on both of the competition fields, additional trees at the boundaries, and additional buildings that impede the path of sound. The plan also lowers the entire soccer/football field which will further mitigate noise. The parking structure will effectively put parking and batting cages underground, which will reduce noise. The sound systems for the competition fields will not use large speakers hung on poles, but rather small speakers imbedded in the roofline above the spectator areas or in the rails in front of spectators. These will be directed at the spectators so that the volume is much lower and noise spill-over is minimized. Unique Facilities: A Parking Structure with a Competition Baseball Field Above: CCA enjoys a significant rise of land on the south end of our campus. The highest point on campus is toward the southern end of our western boundary line. The topography falls over 30 feet as one moves to the east. This southwest area is also heavily treed. This environment allowed for a one-level parking garage with a full competition baseball field on top. The parking is largely hidden from view, recessed into the hill, and the baseball field is both lovely and sustainable. The state-of-the-art turf field incorporates recycled water bottles to provide a cooler playing surface that is more enjoyable for athletes and friendlier to our environment. This design provides more open space while retaining the forested boundaries. An existing playground is located next to the baseball facilities and under the trees, allowing children to play in a pleasant and secure setting while parents watch a game. The whole facility is nestled among the existing trees. Roofless Building for Soccer and Football Competitions and Track Practice: CCA had considered a strictly outdoor facility and a fully indoor competition field, but the best option was not considered until we received feedback from our nearest neighbors. Their concerns about a looming roofline led to this unique approach. The lights are positioned to eliminate spillage onto neighboring properties. Smaller speakers will be located to focus sound toward the spectators. The resulting decibel level is much lower than typical high school facilities. This facility maintains beautiful open space while still mitigating lights and noise. It will produce a unique facility attractive as an event destination. Development Schedule: CCA and CPC’s campus master plan is comprehensive, carefully designed, and represents a long-term commitment to the Colleyville community. Given the school’s policies on debt, the typical goal for a capital campaign, and the length of time required to run these campaigns, CCA expects the build-out of this campus to take 25 years. This schedule can be accelerated if sizable donations come in quickly, but 25 years is a reasonable expectation. The following is a loose projection: Campus Component Probable Opening Redeemer Hall Expansion 2017 Parking and Baseball 2022 Soccer/Football Field 2027 Nissi Hall Expansion 2032 Competition Gym 2037 Fine Arts Remodel with Theater 2038 Economic Development Information: CCA’s Impact on the Local Economy: CCA currently educates 662 students from 426 families. 137 of these families live in Colleyville while 289 families live in the surrounding area. 47 of the Colleyville families moved to Colleyville in order to be close to CCA. Most of the school’s families come to campus twice a day. They regularly shop and dine at Colleyville businesses. They contribute substantially to the thriving Colleyville economic community. CCA employs 103 people. This number does not include stipend coaches or school of the arts instructors. Sixteen CCA parents are also Colleyville business owners. The proposed campus creates the kind of facilities that promote a destination / visitor’s economy. The school’s social, academic, artistic, and athletic events are well-attended. A significant number of these are currently held in other cities because we do not have a campus venue for them. Private Schools and Quality of Life Premier residential communities are often typified by top-flight private schools. Covenant Christian Academy is Colleyville’s only private school serving Pre-Kindergarten through 12th graders. CCA has a tremendous reputation and draws new residents to Colleyville. Traffic Impact Analysis: CCA has conducted several TIAs over the years. Cirrus Health recently conducted an extensive study of the area for their Heritage Farms development which will be situated across Wayne Drive from CCA. CCA administration has contacted the engineer, Mark Goode, who conducted this most recent study. He will work with CCA and the City of Colleyville to conduct any supplemental work that is required. Co n c e p t u a l V i e w o f E n t i r e C a m p u s Ba s e b a l l U p p e r D e c k P a r k i n g P e r s p e c t i v e Color Conceptual Site Plan "R e d e e m e r " B u i l d i n g E l e v a t i o n P e r s p e c t i v e Co n c e p t u a l S i t e P l a n Co m p e t i t i o n G y m E l e v a t i o n CCA Traffic Impact Analysis October 2009 4/16 Proposed Expansion The planned improvements at CCA would include the construction of approximately 47,000 square feet of facilities along Wayne Drive located south of Cheek Sparger. Based on the City of Colleyville Ordinance O- 09-1725, the maximum capacity of the campus is 750 students. Our understanding is that the proposed construction will be for a grammar school, library, multi-purpose facility, and administration building. The proposed expansion will allow all levels of the school to be housed at the Cheek Sparger facility. Grades pre- kindergarten to fourth grade will be located in the new building located along Wayne Drive. Two new driveways will be created along Wayne Drive to service the new grammar school. We have designated these driveways as 6 and 7 (north to south). With the construction of the new grammar school, Driveways 1 and 2 will no longer be utilized by the school for parent pick-up and drop off. In addition, it is our assumption that the existing gravel parking lot along Wayne Drive will no longer be utilized once construction is complete and high school students will utilize on-campus parking. Due to the presence of a 20 mph reduced speed school zone along Cheek Sparger Road adjacent to CCA, it also assumed that a 20 mph reduced speed school zone will be installed along Wayne Drive adjacent to the proposed grammar school. Trip Generation CCA is an existing private school with an enrollment of 594 students during the 2009-2010 academic year from grades pre-kindergarten to high school. As part of a previous traffic study conducted in 2005, the turning movement counts into and out of all five CCA driveways were collected. The school enrollment during 2005 was 488 students. These previous counts allow the calculation of the number of trips generated by the CCA and were used to compute the trip generation rates for the CCA. The rates obtained were compared with the trip generation rates and equations provided in the publication entitled Trip Generation, Eighth Edition, by the Institute of Transportation Engineers (ITE). A comparison of the CCA trips with the ITE trip generation rates revealed that the ITE rates and equations underestimated the trips generated by CCA. Therefore, the calculated rates obtained from the 2005 count data were used to determine the number of trips generated by CCA under existing student enrollment and projected future enrollment. The trip generation rates used is shown in Table 1. Table 1: Calculated CCA Trip Generation Rates AM Peak Hour School PM peak Hour In T = 0.63 (X) T = 0.35 (X) Out T = 0.48 (X) T = 0.48 (X) 1 T = Trip Ends; X = School Enrollment CCA Traffic Impact Analysis October 2009 5/16 The maximum capacity of the proposed school is 750 students. In addition, the pre-kindergarten students (3 and 4 years old) operate on an alternate day schedule. The students attend class either Monday/Wednesday/Friday or Tuesday/Thursday; therefore, only one-half of these students (50) will be present at one time; however, for the purposes of this analysis, all students are presumed to be on campus simultaneously. Table 2 shows the resulting number of trips generated by this development. Table 2: Estimated Trip Generation for CCA Students AM Peak Hour School PM peak Hour Enter Exit Total Enter Exit Total 750 480 360 840 270 360 630 Traffic Distribution and Assignment There are five site driveways to the existing development along Cheek Sparger. The proposed development will add two additional driveways on Wayne Drive and will remove the existing temporary gravel parking lot along Wayne Drive. Figure 2 shows these drives are labeled from 1 to 5 (west to east) and 6 to 7 (north to south). The following assumptions have been made for trip distribution purposes: • Driveway 1 and 2 are no longer utilized. • Driveways 3, 4, 6 and 7 are full access driveways. • Driveway 5 is an exit only drive. Traffic was assigned to these driveways for the CCA enrollment of 750 students in grades Pre-K to twelfth grade using the proposed school layout provided to Lee. The primary goal of the traffic circulation was to provide a minimal impact on the adjacent public streets. Based on different release times, internal storage availability, and utilizing a concept of multiple pick-up points, several configurations were considered for traffic circulation. Figure 3 shows the predicted movement at 2:30 PM, Figure 4 shows the predicted movement at 2:45 PM, and Figure 5 shows the predicted movement at 3:00 PM. Table 3 shows the predicted queue length per grade and the resulting queue storage availability. Table 3: Estimated Queue Requirements per Grade GRADE EXIT VOLUME % PICKUP PRESENT AT RELEASE PREDICTED QUEUE (ft) AVAILABLE CAPACITY (ft) 3 & 4 YR 18 95% 428 >900 KINDER 18 90% 405 >700 1ST & 2ND 36 90% 810 >900 3RD 18 80% 360 >800 4TH 18 70% 315 >360 5TH & 6TH 36 60% 540 >700 Due to after school activities, students in grades 7th – 12th grade are predicted to generate a minimum queue length and are not included in the queue evaluation. Figure 6 shows the estimated site generated traffic for the current enrollment based on the traffic circulation patterns shown in Figures 3, 4, and 5. Figure 7 shows the 2010 total traffic volumes with the traffic redistributed to the new driveway locations. P R E - K T R A F F I C F L O W T R A F F I C F L O W 2 : 3 0 P M WAYNE COURT C H E E K S P A R G E R R O A D WAYNE COU R T X X F i g u r e 3 NNNOT TO SCALE 7: 1 5 - 8 : 3 0 A M 2 : 3 0 - 4 : 0 0 P M SC H O O L D A Y S SUITE 1660DALLAS, TEXAS 75234972-248-3006 FAX 972-248-38553030 LBJ FREEWAY K I N D E R G A R T E N T R A F F I C F L O W T R A F F I C F L O W 2 : 4 5 P M F i g u r e 4 WAYNE COURT C H E E K S P A R G E R R O A D WAYNE COU R T X X F i g u r e 3 NNNOT TO SCALE 7: 1 5 - 8 : 3 0 A M 2 : 3 0 - 4 : 0 0 P M SC H O O L D A Y S SUITE 1660DALLAS, TEXAS 75234972-248-3006 FAX 972-248-38553030 LBJ FREEWAY 4 T H G R A D E T R A F F I C F L O W 1 S T & 2 N D G R A D E T R A F F I C F L O W 3 R D G R A D E T R A F F I C F L O W 5 T H & 6 T H G R A D E T R A F F I C F L O W T R A F F I C F L O W 3 : 0 0 P M F i g u r e 5 WAYNE COURT C H E E K S P A R G E R R O A D WAYNE COU R T X X F i g u r e 3 NNNOT TO SCALE 7: 1 5 - 8 : 3 0 A M 2 : 3 0 - 4 : 0 0 P M SC H O O L D A Y S SUITE 1660DALLAS, TEXAS 75234972-248-3006 FAX 972-248-38553030 LBJ FREEWAY CCA Traffic Impact Analysis October 2009 11/16 Auxiliary Lane Analysis Auxiliary lanes are installed to facilitate turning movements at intersection. Auxiliary lanes include left turn lanes, right turn lanes, and/or speed change lanes. Each study intersection was evaluated for the potential need and/or benefit of auxiliary lanes. Left Turn Analysis Left turn volumes at the intersection of Cheek Sparger Road and Wayne Drive were analyzed to determine if this intersection would require the installation of an eastbound left turn lane. The traffic volumes at the intersection of Cheek Sparger Road and Wayne Drive during the AM and School PM peak hours (2010) total were used in determining whether a left turn lane should be considered for installation at this location on Cheek Sparger Road. For this analysis, TxDOT=s procedure for determining whether left turn lanes should be considered on two- lane highways, as presented in TxDOT=s Roadway Design Manual, was used. Table 4 summarizes the information presented in Table 3-11 of this manual for a design speed of 40 mph. Table 4: Guide for Left Turn Lanes on Two-Lane Highways Opposing Volume (vph) Advancing Volume (vph) 5% Left Turns10% Left Turns 20% Left Turns 40 mph Design Speed 800 330 240 180 600 410 305 225 400 510 380 275 SOURCE: TxDOT Roadway Design Manual (Table 3-11) Table 5 presents the evaluation results of whether a westbound left turn lane should be considered on Cheek Sparger Road at Wayne Drive. Table 5: Left Turn Lane Evaluation Results Opposing (EB) Volume (vph) Advancing (WB) Volume (vph) Percent Left Turns Left Turns Volumes Guidelines Volumes > Guidelines? AM Peak 648 5% 34 485 305 YES PM Peak 440 5% 37 544 510 YES CCA Traffic Impact Analysis October 2009 12/16 Based on the results presented in Table 5, the projected traffic volumes in 2010 total conditions exceed the left turn lane guidelines during the AM and school PM peak hours; therefore, a westbound left turn lane is recommended at the intersection of Cheek Sparger Road and Wayne Drive. A continuous left turn lane exists along Cheek Sparger Road adjacent to the facility that serves Driveway 3, 4, and 5. No additional improvements are recommended to serve the left turn movement at these driveways. Right Turn Analysis Right turn lanes are typically utilized in an effort to allow turning traffic to decelerate without impeding the through movement. Table 6 summarizes the recommendations for right turn lanes. Table 6: Right Turn Warranted Driveway Right turn Volume Right Turn Lane Recommended AM PM 3 179 101 YES 4 67 38 Yes 5 0 0 No 6 61 34 No 7 61 34 No Cheek Sparger/Wayne 99 98 No Because Driveway 1 and 2 will no longer be utilized by CCA, improvements are not recommended at these driveways. Right turn lanes are also not recommended at Driveway 5 due to the one-way traffic designations of these driveways and/or lack of traffic volume. Currently, Driveway 3 is served by an unimproved shoulder. It is recommended that a 100 foot right turn lane be constructed for Driveway 3. A 100 foot right turn lane is present along Cheek Sparger Road to serve Driveway 4 that will meet the needs of the school in the future. The intersection of Wayne Drive and Driveway 6 is predicted to generate 61 right turns during the AM peak hour and 34 right turns during the school PM peak hour. In addition, the intersection of Wayne Drive and Driveway 7 is predicted to generate 61 right turns during the AM peak hour and 34 right turns during the school PM peak hour. Because the background traffic volume on Wayne Drive is very low and the speed of traffic will be reduced due the installation of a reduced speed school zone, the addition of a southbound right turn lane at either Driveway 6 or Driveway 7 has minimal impact and is not recommended. The intersection of Cheek Sparger Road and Wayne Drive is predicted to generate 99 right turns during the AM peak hour and 98 right turns during the school PM peak hour. Due to low vehicular speeds, an eastbound right turn lane is not recommended at this intersection. CCA Traffic Impact Analysis October 2009 13/16 Capacity Analyses Intersection capacity analyses were performed at the intersection of Cheek Sparger and Wayne Drive and at the CCA driveways for the AM and school PM peak hours under existing lane configurations using the traffic volumes shown in Figure 7. Table 7 presents the results of this analysis. Table 7: Capacity Analysis Results: Current Student Enrollment Cheek-Sparger Road at Driveway 3 EB WBL NB SB AM Peak 0.2 (A) 1.6 (B) 0.0 (A) 18.1 (C) School PM Peak 0.5 (A) 0.6 (A) 0.0 (A) 16.6 (C) Cheek-Sparger Road at Driveway 4 EB WB NB SB AM Peak 0.0 (A) 0.6 (A) 28.6 (D) N/A School PM Peak 0.0 (A) 0.2 (A) 19.5 (C) N/A Cheek-Sparger Road at Driveway 5 EB WB NB SB AM Peak 0.0 (A) 0.0 (A) 38.4 (E) N/A School PM Peak 0.0 (A) 0.0 (A) 24.4 (C) N/A Wayne Drive at Driveway 6 EB WB NB SB AM Peak 11.2 (B) N/A 0.2 (A) 0.0 (A) School PM Peak 11.0 (B) N/A 0.2 (A) 0.0 (A) Wayne Drive at Driveway 7 EB WB NB SB AM Peak 9.6 (A) N/A 0.9 (A) 0.0 (A) School PM Peak 9.4 (A) N/A 1.1 (A) 0.0 (A) Cheek-Sparger Road at Wayne Drive EB WB NB SB AM Peak 0.0 (A) 1.5 (A) 52.6 (F) N/A School PM Peak 0.0 (A) 1.3 (A) 19.7 (C) N/A 1 Delay in seconds/vehicle (Level of Service) As shown in Table 7, all CCA driveways operate at acceptable levels of service (LOS D or better) during the AM and school PM peak hours under existing traffic conditions excluding Driveway 5. Driveway 5 operates at a LOS E during the AM peak hour for the northbound approach. The northbound approach to the intersection of Cheek Sparger and Wayne Drive is also predicted to operate at a LOS F during the AM peak hour. These poor LOS are primarily due to the high background traffic volumes on Cheek Sparger during the AM peak hour. Because the northbound approach of Driveway 5 is contained on school property and sufficient internal storage exists on site to accommodate the proposed queue, no improvement is recommended for this approach. To judge the value of proposed improvements for the northbound approach CCA Traffic Impact Analysis October 2009 14/16 to Cheek Sparger Road and Wayne Drive, the proposed queue length for this approach was determined. The predicted 95th percentile queue length for each approach at the Cheek Sparger Road and Wayne Drive intersection under existing conditions is shown in Table 8. Table 8: Predicted Queue Length Cheek-Sparger Road at Wayne Dr (ft) EB WBL NB AM Peak 0 5 177 School PM Peak 0 4 67 Table 9 presents the capacity analysis results assuming the implementation westbound left turn at the intersection of Cheek Sparger and Wayne Drive. Table 10 shows the predicted queue length with this improvement in place. Table 9: Capacity Analysis Results with Recommended Improvements Cheek-Sparger Road at Wayne Drive EB WB NB AM Peak 0.0 (A) 0.7 (A) 52.6 (F) School PM Peak 0.0 (A) 0.6 (A) 19.7 (C) 1 Delay in seconds/vehicle (Level of Service) Table 10: Predicted Queue Length Cheek-Sparger Road at Wayne Dr (ft) EB WBL NB AM Peak 0 5 177 School PM Peak 0 4 67 Results presented in Table 9 indicate that the recommended installation of a westbound left turn lane is predicted to have little impact on the queue length or LOS for the northbound approach. To further improve the LOS for the northbound approach, a time restricted turning movement could be installed for the northbound approach of Wayne Drive to Cheek Sparger. This time restriction could be in place from 7:15 – 8:30 AM and 2:30 – 4:00 PM on school days. Table 10 presents the capacity analysis results assuming the implementation of the time restrictions and Table 11 shows the predicted queue length with this additional improvement in place. CCA Traffic Impact Analysis October 2009 15/16 Table 11: Capacity Analysis Results with Recommended Improvements Cheek-Sparger Road at Wayne Drive EB WB NB AM Peak 0.0 (A) 9.9 (A) 32.5 (D) School PM Peak 0.0 (A) 0.6 (A) 16.1 (C) 1 Delay in seconds/vehicle (Level of Service) Table 12: Predicted Queue Length Cheek-Sparger Road at Wayne Dr (ft) EB WBL NB AM Peak 0 5 124 School PM Peak 0 4 52 Although a delay is still predicted the LOS for the northbound approach is predicted to improve for LOS F to LOS D with the left turn restriction. Currently, approximately fifteen percent (15%) of the student population are Bedford residents. It is reasonable to assume that some of these drivers will travel south on Wayne Drive to return to their homes. However, several factors exist that reduce the impact of the potential traffic re-routing south of Wayne Drive. First, CCA has purchased several of the existing single family homes along Wayne Drive in anticipation of future school expansion; therefore, the background traffic volume along Wayne Drive will be reduced from the existing traffic volume. Second, if 100% of the trips from Driveway 6 and Driveway 7 are routed to the south, the volume predicted on Harwood Terrace is still below what is reasonable for a residential street. In addition, CCA is a private school; therefore, the school administration has a much better compliance rate for parent pick-up/drop-off than public schools. Figure 8 shows a “No Right Turn” sign that could be installed at Driveway 6 and Driveway 7. If the right turn is prohibited from this driveway during pick-up and drop-off times and parents are directed north on Wayne Drive to Cheek Sparger, the number of parents who turn south out of Driveways 6 and 7 will be reduced. Figure 8: No Right Turn (R3-1) ORDINANCE O-13-xxxx AN ORDINANCE AMENDING ORDINANCE O-09-1725 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON LOT 5, BLOCK 3, SOUTHGATE ADDITION FROM THE R40- SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; 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 O-09-1725 on August 18, 2009, to establish the zoning of 17.7 acres on Lot 1 and 2, Block 1, Colleyville Presbyterian Church Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition; and WHEREAS, the applicant has requested an amendment to Ordinance O-09- 1725 and requests to rezone Lot 5, Block 3, Southgate Addition so as to incorporate the property into the PUD authorized by Ordinance O-09-1725 under Case ZC13-004; 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 Ordinance O-13-XXXX Page 2 of 6 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 O-09-1725. 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 Lot 5, Block 3, Southgate Addition from the R40-Single Family Residential District to the PUD-C-Planned Unit Development Commercial District, as depicted in the attached Exhibit “A”. 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. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with Exhibit “B”. Ordinance O-13-XXXX Page 3 of 6 b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved such that Lot 5, Block 3, Southgate Addition is incorporated into the Covenant Christian Academy Addition. 2. PERMITTED AND PROHIBITED USES a. Private elementary, secondary and high school not to exceed 855 students total. 3. BUILDINGS AND SITE PLAN APPROVAL a. This section shall repeal Section 5(4)a of Ordinance O-09- 1725. The following buildings shall be allowed as described below and depicted on Exhibit “B” 1. Addition of 42,400 square feet to the secondary school building (Redeemer Hall) 2. Addition of 27,000 square feet to the administration building (Nissi Hall) 3. Addition of a 50,000 square foot gymnasium 4. New baseball stadium and parking garage 5. Expansion to existing football/soccer field b. Prior to construction, the baseball stadium, parking garage and expansion to the existing football/soccer field shown above, shall require the approval of a detailed site plan and building elevations. The detailed site plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. c. All buildings shall, at a minimum, meet the building design and masonry requirements of Chapter 6-Building Design in the Land Development Code. 4. PARKING Ordinance O-13-XXXX Page 4 of 6 a. Prior to the completion of any building expansion or construction described Section 3, there shall, at a minimum, be enough on-site, off-street parking spaces provided to accommodate the maximum enrollment of 855 students. 5. LANDSCAPING AND BUFFERING a. The development shall provide a minimum of 35 percent of open space. b. Section 5(8)c of Ordinance O-09-1725 is hereby deleted. c. All new trees planted within this development, whether required or not, shall be a minimum of four (4) inches in caliper width. d. All landscaping within this development shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code, except where amended herein. 6. FENCES AND SCREENING a. Section 5(10) of Ordinance O-09-1725 is hereby deleted. b. All required screening shall meet the minimum requirements of the Land Development Code 7. TRAFFIC IMPACT a. Prior to the issuance of any building permit applied for after the effective date of this ordinance, either a new or amended traffic impact analysis (TIA) shall be submitted and approved by the City Council. Said TIA shall, at a minimum, address the development authorized by this ordinance and depicted in Exhibit “B”. 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. Ordinance O-13-XXXX Page 5 of 6 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 O-09-1725 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 4th day of June 2013. The second reading and public hearing being conducted on the 18th day of June 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. Ordinance O-13-XXXX Page 6 of 6 ATTEST: CITY OF COLLEYVILLE Amy Shelley 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” – Conceptual Site Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3d Agenda Date 05/13/2013 Number Type Public Hearing Agenda Items Department Community Development Title Consideration for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville Boulevard, Suite 240, Case ZC13-005 Explanation The applicant, Didier Viriot, has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise alcohol consumption at 5005 Colleyville Boulevard. The subject property is zoned CC1 Village Retail and is comprised of a mix businesses and vacant space totaling 21,648 square feet. The proposed space will be developed as a restaurant. Alcoholic beverage sales for on-premise consumption are allowed in the CC1 Village Retail zoning district with the approval of an SUP. Existing Conditions. The subject business will occupy 4,540 square feet of a suite on the eastern portion of the building that was recently an interior design business and before that, a restaurant. Currently, there are retail and office uses occupying neighboring suites, along with some vacant space. Proposed Restaurant. The applicant is proposing to open a new restaurant named Citrus Bistro. The applicant is in the planning stages of remodeling the restaurant, with submittal for an application for a building permit pending. The proposed site plan, floor plan, and economic development information have been added to the agenda briefing. Parking. The Land Development Code requires one parking space per 200 square feet of gross floor area for a restaurant use. Given the size of the proposed restaurant, the applicant is required to have 46 parking spaces and currently 152 parking spaces exist for the entire development, therefore the use meets those requirements of the Land Development Code. The remaining use of the property is a mix of office and retail uses. The Land Development Code requires one (1) parking space per 200 square feet for general retail use and one (1) parking space per 300 square feet for general office use. Using the most restrictive ratio of one (1) space for every 200 square feet, the required parking for the entire property is 108 parking spaces. On-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The request is intended to serve a proposed Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 2 restaurant building. According to a discussion with the applicant, the proposed hours of operation are Monday through Thursday, 11:00 a.m. to 10:00 p.m.; Friday and Saturday, 11:00 a.m. to 12:00 a.m.; and Sunday 11:00 a.m. to 3:00 p.m. Distance Requirements. The Colleyville City Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet away from a church, school or public hospital. The distance is measured from property line to property line for schools and from front door to front door along the street front property lines for churches and hospitals. The property is in compliance with this requirement. Master Plan. The Colleyville Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. Surrounding Development Trends. The adjacent property to the south is zoned CC1 Village Retail and is developed as a restaurant. To the north, there are similar uses to the subject property, also zoned CC1 Village Retail. Across SH26, to the west, is a development of retail and office uses zoned CC1 Village Retail and PUD-C Planned Unit Development Commercial. Property to the east includes other similar uses to the subject property zoned CC1 Village Retail and properties zoned R20 Single Family Public Notification. Staff notified 47 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 for this request. Summary. The proposed SUP would authorize the sale of alcoholic beverages for on- premise consumption. The restaurant will be required to meet the 60 percent food versus 40 percent maximum alcohol sales requirement in the Code of Ordinances. The property satisfies the distance requirements to churches, schools and public hospitals. Recommendation Approval with the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called “Citrus Bistro” and shall not exceed 4,540 square feet. c. The 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 Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 3 termination of the Certificate of Occupancy. 2. HOURS OF OPERATION a. The hours of operation shall be as follows: - Monday through Thursday: 11:00 a.m. to 10:00 p.m. - Friday and Saturday: 11:00 a.m. to 12:00 a.m. - Sunday: 11:00 a.m. to 3:00 p.m. Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Aerial 5.Statement of Planning Objectives 6.Economic Development Information 7.Site Plan 8.Floor Plan 9.Ordinance O-13-xxxx TH O M P S O N T E R LA K E W O O D D R C O T T A G E L N MAIN ST VI L L A G E L N GARRY LYNNE DR GUADALUPE CT JO CAROL LN MI S S I O N L N PIAZZA LN GL A D E C R E E K D R OLD GLADE RD TERRA COTTA WAY OA K T I M B E R S C T 26 88 1105 14 85 58 1100 4821 26 55 5016 50 12 76 51 16 5108 4927 4917 5004 50 1101 4841 94 24 5017 36 37 50 4936 4157 50 5112 85 76 5009 85 1100 5003 710 5000 13 75 5100 905 4914 4900 5101 5025 4913 5005 55 5150 4910 50 5016 61 5021 17 5113 55 60 1001 5012 16 92 33 50 26 4940 43 4918 5000 33 1012 76 33 33 800 1101 1008 5001 20 55 86 34 5101 75 4932 4905 47 5100 55 60 42 50 34 4928 50 5025 5121 26 1009 99 4801 33 4906 23 50 85 34 12 59 3585 50 1100 84 4921 4913 1104 37 94 5104 55 5108 88 85 4917 33 5104 4944 33 5005 5013 707 5105 85 88 50044908 34 5100 38 4909 5109 97 99 46 16 1004 5201 104 92 50 23 5017 4725 13 4843 1005 51 76 5117 99 75 4800 23 5109 4925 2634 5013 60 50 5005 5113 42 5200 53 18 5008 85 85 5000 50 4901 700 5115 51 30 CC-1 R-20 PUD-C CC-2 R-MF CC-2 AG CN PUD-C CC-1 CN CC-1 PUD-CCN PUD-C PUD-C PUD-C Ü Subject Property Location and Zoning Map Owner Name Owner Address Owner City Owner State Owner_Zip Situs Address Thompson, John E 5017 Montclair Dr Colleyville Texas 76034 905 Old Glade Rd Nobel Source Company Llc 640 S Hill St Ste 341 Los Angeles California 90014 800 Glade Rd Zell Three Inc 1190 Explorer St Duncanville Texas 75137 700 GLADE RD Noblit, Don Etux Barbara PO Box 820895 Fort Worth Texas 76182 4913 Colleyville Blvd Y2Kitchen Properties Llc 5003 Colleyville Blvd Colleyville Texas 76034 710 Glade Rd King, Dale L PO Box 371 Colleyville Texas 76034 5000 Oak Timbers Ct Collins, Richard F 5004 Oak Timbers Ct Colleyville Texas 76034 5004 Oak Timbers Ct Gibson, Norman C & Doris A 113 Timberline Dr S Colleyville Texas 76034 5104 Thompson Terr Pleasant Run Holdings Llc 5115 Collyville Blvd Colleyville Texas 76034 5115 Colleyville Blvd Bbtt Llc 6308 Remington Pkwy Colleyville Texas 76034 5100 Thompson Terr Buchwald, Rudolph W III 1309 Ashford Ct Colleyville Texas 76034 5101 Colleyville Blvd Bojku, Afrim 5309 Collyville Blvd Colleyville Texas 76034 5150 Colleyville Blvd Freed, Mickey PO Box 54833 Hurst Texas 76054 5013 Colleyville Blvd Cocanougher Asset No 3 Llc 6851 NE Loop 820 Ste 110 North Richland Hills Texas 76180 5005 Colleyville Blvd Jpmorgan Chase Bank -PO Box 2558 Houston Texas 77252 5000 Colleyville Blvd Looney, John R 3001 S Country Club Rd Garland Texas 75043 4917 Colleyville Blvd Hoa - Lakewood Estates 6707 Brentwood Str Rd Fort Worth Texas 76112 4921 Lakewood Dr Boney, Michael 4925 Lakewood Dr Colleyville Texas 76034 4925 Lakewood Dr Village Management Ltd 8333 Douglas Ave Ste 110 Dallas Texas 75225 47 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas Texas 75225 16 Village Ln Seeley, Gerald D 35 Piazza Ln Colleyville Texas 76034 35 Piazza Ln #38 110 Limberg, Patricia & J Gilbert 37 Piazza Ln Colleyville Texas 76034 37 Piazza Ln Tutt, Dorothy 4800 Bedford Rd Colleyville Texas 76034 4800 Bedford Rd McNosky, Anthony T 5108 Pleasant Run Rd Colleyville Texas 76034 5108 Pleasant Run Rd Gulick, Cylde E & Nancy J 5100 Oak Timbers Ct Colleyville Texas 76034 5100 Oak Timbers Ct Brewer, Gladys L 5012 Oak Timbers Ct Colleyville Texas 76034 5012 Oak Timbers Ct Glade Road Capital Llc PO Box 1821 Colleyville Texas 76034 1009 Glade Rd Robert Salter Family Lp 209 W 2Nd St # 377 Fort Worth Texas 76102 1105 Glade Rd Holland, Axel Etux Ursula 1100 Jo Carol St Colleyville Texas 76034 1100 Jo Carol Ln Bojku, Hajri 5309 Collyville Blvd Colleyville Texas 76034 5017 Thompson Terr Windy Pine Place Lp 12815 SE Rivercrest Dr Vancouver Washington 98683 5005 Thompson Terr Richard Family Limited Partner 5009 Thompson Ter Ste 102 Colleyville Texas 76034 5009 Thompson Terr Dunn, Rex A Etux Amanda Dunn 312 Marseille Dr Hurst Texas 76054 5016 THOMPSON TER Dream Marriage Llc 2968 Harbor Cove Dr Las Vegas Nevada 89128 5001 Thompson Terr Delgado, Mark Etal 5000 Thompson Ter Colleyville Texas 76034 5000 Thompson Terr Dunn, Rex A Etux Amanda Dunn 312 Marseille Dr Hurst Texas 76054 5008 Thompson Terr O'Brien, Pete 609 Cheek Sparger Rd Ste 120 Colleyville Texas 76034 5004 Thompson Terr Corvette Property Leasing Lp 1908 Stratton Ct Colleyville Texas 76034 5017 Colleyville Blvd Sides, Joseph D 2911 Compton Rd Nashville Tennesse 37215 5113 THOMPSON TER Tanner, Jon Donovan 5204 Coventry Pl Colleyville Texas 76034 5025 Thompson Terr Naguib, Magy H Etux Gehan A T 2300 Grayson Dr Apt 1222 Grapevine Texas 76051 5021 Thompson Terr Hayworth, Ward O 2757 Mesquite Ln Grapevine Texas 76051 5016 Thompson Terr Thompson Benjamin Etux Yee-Pin 1100 Glade Rd Colleyville Texas 76034 1100 Glade Rd Quenichet, John Wayne 5005 Oak Timbers Ct Colleyville Texas 76034 5005 Oak Timbers Ct Colleyville Plaza Lp 580 Decker Dr Ste 203 Irving Texas 75062 4906 Colleyville Blvd Wal-Mart Real Estate Bus Trust PO Box 8050 Bentonville Arkansas 72716 4904 Colleyville Blvd Didier Viriot, Applicant 13010 Fall Manor Drive Dallas Texas 75243 Applicant Public hearing notices were mailed Friday, April 26th by Taci Wrisley Notification List CHATSWORTH CT W CENTERPARK DA R T M O O R E L N TH O M P S O N T E R SA N G A B R I E L A V E C O T T A G E L N LA K E W O O D D R MAIN ST VI L L A G E L N COL L E Y V I L L E B L V D RIVERWALK CT CHATSWORTH DR NUECES CT GARRY LYNNE DR GUADALUPE CT PROFESSIONA L C T JO CAROL LN CASA LN CENTRAL DR MI S S I O N L N LA K E S H O R E C T PIAZZA LN SABINE CT CASA WALK GL A D E C R E E K D R EDGEWATER CT OLD GLADE RD WE S T B U R Y D R VERANDA LN TERRA COTTA WAY OA K T I M B E R S C T CLEAR LAKE CT SH A D O W O O D R D 26 4712 88 4712 124 5301 4701 1108 1105 35 1105 93 4813 88 14 1117 85 85 4700 1005 92 99 58 4909 124 1100 2397 26 1117 5007 4821 50 5016 55 76 12 51 1112 35 5009 44 32 4700 5001 1008 4612 16 711 43 5108 1109 4927 4917 1104 48 4733 710 5004 4704 50 1104 1101 94 100102 4841 24 1001 5017 1104 600 1201 89 5309 1105 1221 36 37 50 80 41 5309 4936 104 1112 812 57 50 1104 815 1104 5112 76 5009 85 85 1100 5003 5232 710 5000 13 75 4713 5100 905 68 1012 4900 5101 4914 5025 94 4913 710 714 5005 4800 1100 98 55 5150 1128 4910 50 5016 1109 1117 1105 77 1108 61 5021 1004 17 1117 4737 5113 55 60 1113 1121 1200 1108 60 4616 4801 1001 5012 710 4717 16 77 92 33 50 5226 4903 100 4817 26 4940 811 43 4918 813 5000 33 1105 35 76 1012 1121 33 94 33 34 1120 87 800 1100 1101 804 1120 5001 1008 77 5303 20 1116 55 23 1112 1117 66 86 34 4714 1009 5101 75 5311 4905 4932 47 5100 4704 4604 1104 55 60 42 1109 4708 4904 50 34 4608 4928 5204 1100 1104 4725 50 5025 5121 1113 4600 808 4608 1120 26 4701 38 1200 1009 713 99 4801 4902 1000 33 4718 124 23 4906 50 4905 85 34 1116 77 4700 4701 97 1204 1105 12 604 47 1116 4801 64 59 35 4922 1013 50 85 91 84 1100 4709 4921 4913 1104 2396 47 5307 110937 5201 94 5104 1113 5217 1001 1116 4613 5108 4709 55 817 11138885 1112 90 5209 42 832 1105 4917 4721 1108 33 1116 4907 4605 5104 84 1108 33 23 4944 5005 5013 4804 601 53 4705 707 5310 800 5105 85 88 4809 4609 4729 5004 74 4908 34 4708 1112 4913 5100 1117 76 4909 38 4805 5005 5109 1108 1100 97 99 46 16 1100 82 5201 1004 4601 701 77 4613 97 1121 1120 92 104 4814 5301 23 50 104104 714 1105 5017 72 1009 4725 13 4705 1108 1112 4843 4609 1005 76 51 35 5117 724 1112 99 1113 75 4800 1005 104 714 1109 23 5003 5109 5300 4925 26 833 5313 34 1116 5013 4800 710 60 4604 50 1113 16 5005 1112 1121 5113 124 42 4808 1116 5200 53 1104 4612 11171109 62 18 5008 86 4805 4911 94 1120 715 85 85 5000 50 95 23 5301 4901 70 700 5115 1124 51 30 Buffer Map Aerial Statement of Planning Objectives Economic Development 5016 5003 5016 5000 5100 5025 5013 5004 5017 5005 5008 Site Plan Floor Plan ORDINANCE O-13-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1R1, BLOCK 1 OF THE MARKET ADDITION, LOCATED AT 5005 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE 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 on- premise consumption of alcohol under Case No. ZC13-005; 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 Ordinance O-13-xxxx Page 2 of 4 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 changing the zoning on Lot 1R1, Block 1 of the Market Addition, located at 5005 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit “A” and described in 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 the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called “Citrus Bistro” and shall not exceed 4,640 square feet. Ordinance O-13-xxxx Page 3 of 4 c. The 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. d. All requirements of the Land Development Code shall be met, except where amended herein. 2. HOURS OF OPERATION a. The hours of operation shall be as follows: Monday - Thursday: 11:00 a.m. - 10:00 p.m. Friday – Saturday: 11:00 a.m. – 12:00 a.m. (Midnight) Sunday: 11:00 a.m. – 3:00 p.m. 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. Ordinance O-13-xxxx Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of June 2013. The second reading and public hearing being conducted on the 18th day of June 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelly 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” – Statement of Planning Objectives Exhibit “B” – Statement of Planning Objectives Continued Exhibit “B” – Statement of Planning Objectives Continued