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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-8/12/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, August 12, 2013City 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 Phelps PLEDGE OF ALLEGIANCE 1.APPROVAL OF MINUTES July 22, 2013 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM AS A PUBLIC HEARING ITEM 3.CONTINUED PUBLIC HEARING AGENDA ITEMS 3aConsideration for a zoning change from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development City of Colleyville Page 1 Planning and Zoning AgendaAugust 12, 2013 Residential on 1.94 acres on Lot 1, Block 1 of the San Bar Square Addition located at 105 Cheek-Sparger Road, Case ZC13-008. 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards August 9, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. 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 2 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, July 22, 2013City Council Chambers CALL TO MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 22, 2013 at 7:10p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, David Phelps, Jim Gotcher, Don Davis, and Jeff Byerly Staff Present:Ron Ruthven, Taci Wrisley, Dale Crown, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney) INVOCATION The invocation was given by Commissioner Davis 1.APPROVAL OF MINUTES Commissioner Knox moved to approve the June 24, 2013 meeting minutes. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps,and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agendaas a public hearing item. 3.REGULAR AGENDA ITEMS 3aApproval of a minor plat for0.877 acres on Tract 2E, Abstract 1692 of the Joseph White Survey, located at 608 Shelton Drive, Case PC13- 009. Ron Ruthven presented the case and briefed the Commission. The applicant did not come forward to speak. City of Colleyville Page 1 Planning and Zoning Commission MinutesJuly 22, 2013 Commissioner Wheelwright moved to approve case PC13-009. Commissioner Gotcher seconded. The motion to approve carried with the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps,and Byerly 3bRequest for a replat onLot 1, Blk 1, Baylor Health Care System & Lot 2, Blk 1, Linton Addition located at 5408 & 5500 Colleyville Boulevard, CasePC13-011. Ron Ruthven presented the case and briefed the Commission. The applicant did not come forward to speak. Commissioner Davis moved to approve case PC13-011. Commissioner Gotcher seconded. The motion to approve carried with the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps,and Byerly 3cApproval ofapreliminary plat on10.07 acresonLot 1, Block 1, Stajduhar Additionlocated at 816 W. L. D. Lockett Road, Case PC13- 012. Ron Ruthven presented the case and briefed the Commission. Keith Hamilton, representing the applicant, came forwardfor questions. Commissioner Davis moved to approve case PC13-012. Commissioner Byerly seconded. The motion to approve carried with the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps,and Byerly 3dConsideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of theMacileyAddition located at2800 Glade Road, Case GC13-016. City of Colleyville Page 2 Planning and Zoning Commission MinutesJuly 22, 2013 Ron Ruthven presented the case and briefed the Commission. John Staab, the applicant, came forward and briefed the Commission. Commissioner Davis questioned Mr. Staab regarding the request for the waiver and he willingness to escrow. Mr. Staab replied yes, the property owner would like to escrow the sidewalk in lieu of construction. Commissioner Phelps moved to deny case GC13-016 with the option to build the sidewalk or to pay the escrow amount. Commissioner Davis seconded. The motion to deny with the option to construct the sidewalk or to pay the escrow amount carried with the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps,and Byerly 4.PUBLIC HEARING AGENDA ITEMS 4aApproval of apreliminary platfor5.7acreslocated onLots A1, B1 and B1Aof The Oaks Addition, located at One and TwoCountry Way, Case PC13-006. Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding where the setbacks for the property were measured from, the edge of the pavement or the edge of the right-of-way. Ron Ruthven replied the setbacks are measured from the edge of the right-of-way. Commissioner Gotcher questioned staff regarding the lots meeting the Land Development Code requirements with the exception of Lots 1, 2, & 3. Ron Ruthven replied correct. The public hearing was opened at 7:32 p.m. Bryan Holland,on behalf of the applicant, came forward and briefed the Commission. Commissioner Gotcher questioned Mr. Holland regarding the location of the drainage outlet and if the drainage outlet was run under a house in the Covington addition. Mr. Holland replied the drainage outlet runs between two houses and is in the backyard of one of them but is not fenced in with the rest of the yard. He further explained he City of Colleyville Page 3 Planning and Zoning Commission MinutesJuly 22, 2013 did not believe it was being maintained by anyone. Commissioner Dudziak questioned Mr. Holland regarding whether it was possible to continue the drainage along the backside of the development. Mr. Holland replied he believes what they have proposed will solvethe drainage issue better than running the drainage along the backside of the properties. Discussion continued between Commissioner Dudziak and Mr. Holland regarding drainage possibilities. Commissioner Phelps questioned Mr. Holland regarding the numberof proposed lots. Mr. Holland replied they were proposing five lots due to financial reasons with regard to reconstructing an entire street and the infrastructure requirements that are being put upon them. Discussion continued between Commissioner Phelps and Mr. Holland regarding potential issues of the use of a bar ditch. Chairman Byerly questioned Mr. Holland regarding the depth of Lot 6 and was it 121 feet deep? Mr. Holland replied 286 feet deep. Chairman Byerly further questioned how many lots he believed would fit on Lot 6, if it were ever to be divided. Mr. Holland replied approximately three more lots. Chairman Byerly questioned Mr. Holland regarding why this development was not brought forward as a Planned Unit Development-Residential. Mr. Holland replied after working with staff he believes this request accomplishes the same result as a Planned Unit Development-Residential. Chairman Byerly stated a Planned Unit Development-Residential assures the requirements will be met, the chosen route does not. Discussion continued between Chairman Byerly and Mr. Holland regarding the chosen process. Mark Bauer, 6009 Colts Neck Court, came forward and spoke in opposition to the request with regards to decrease in value andtwo- story homes being built that may look into his backyard. Rob Tomerlin, 2 Country Way, came forward and spoke in support of this request. Ronald Caroll, 1 Country Way, came forward and spoke in support of this request. City of Colleyville Page 4 Planning and Zoning Commission MinutesJuly 22, 2013 Mary Caroll, 1 Country Way, did not wish to speak but recorded her support for this request. There being no one else wishing to speak, the public hearing was closed at 8:01 p.m. Mr. Holland came forward and addressed comments and concerns. Commissioner Phelps questioned the Civil Consultantfor the applicant, Brett Blankenship, regarding the use of a bar ditch versus an underground drainage system. Mr. Blankenship explained the bar ditch was more cost effective and would be a way to safely direct water downstream; an underground drainage system would create otherproblems downstream. Commissioner Davis questioned Mr. Blankenship regarding the thought process for putting the sewer under the street. Mr. Blankenship explained typically utilities run in the space between a curb and a sidewalk, however, in this case they are not using curbs. He further explained if they did run the utilities in the same location as a typical development, there would be manholes in the bar ditch. Commissioner Davis questioned Mr. Blankenship regarding the depth of the bar ditches. Mr. Blankenship replied from the edge of the pavement, approximately two feet in depth. Commissioner Davis questioned Mr. Blankenship regarding ownership of the street once it was constructed and what would happen once the street is constructed and there was a sewer line break. Mr. Blankenship replied it would be a public street, city maintained. He further explained if there ever were a sewer line break, the street would need to be torn up to make repairs. Discussion occurred between Commissioner Davis and Mr. Holland regarding placement of sewer lines. Commissioner Davis stated he did not know how to get where the applicant wanted to go and what he felt. He further explained he felt this request should be a request for a Planned Unit Development– Residential. Commissioner Byerly questioned Mr. Holland regarding whether the reason the developer was not proposing curb and gutter streets and sidewalks was because of economic feasibility. Mr. Holland replied correct. City of Colleyville Page 5 Planning and Zoning Commission MinutesJuly 22, 2013 Commissioner Knox questioned Mr. Holland regarding the addition of stub outs for future lots on Lot 6. Mr. Holland replied he did not feel it would be an issue to add two or three more stub outs. Discussion occurred between the Commission and Mr. Holland regarding what was enforceable by city staff and the Commission. Commissioner Gotcher questioned staff regarding the sidewalk waiver that was proposed as part of the applicant’s request. Ron Ruthven replied it would be decided on along with the decision made for this request. Commissioner Phelps questioned staff regarding the applicant’s options after the Commission voted. Ron Ruthven explained what options the applicant had and the appeal process. Commissioner Byerly questioned staff regarding the applicant’soption to come back at any time to request a Planned Unit Development-R. Ron Ruthven replied yes, the applicant has the option to request a Planned Unit Development-R because the current case is not a zoning case. Discussion continued between staff and the Commission regarding procedures. Commissioner Dudziak made a motion to deny case PC13-006. Commissioner Phelps seconded the motion. The motion to deny carried with the following vote: Aye: 5 –Knox, Dudziak, Wheelwright, Phelps, and Byerly Nay: 2 –Gotcher and Davis 4bConsideration for a zoning change from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development Residential on 1.94 acres on Lot 1, Block 1 of the San Bar Square Addition located at 105 Cheek-Sparger Road, Case ZC13-008. Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 8:27 p.m. Mark Howe, the applicant, came forward and briefed the Commission. Mr. Howe made a correction to the ordinance to read “There will be City of Colleyville Page 6 Planning and Zoning Commission MinutesJuly 22, 2013 no second story balconies onLot 5 through Lot 9.” Commissioner Dudziak questioned Mr. Howe regarding whether or not there be verandas on the second story of any of the proposed homes. Mr. Howe replied there will not be verandas or balconies on the second stories. Commissioner Dudziak questioned Mr. Howe regarding where the masonry wall would be located. Mr. Howe replied along Cheek- Sparger Road there will be a combination of brick and stone columns and along San Bar Lanethere will be brick panels and stone columns. Mr. Howe further explained for the open space they are proposing using wrought iron so that the open space is not closed off and is visible. Commissioner Gotcher questioned Mr. Howe regarding how close the proposed wall would be to the sidewalk. Mr. Howe replied along San Bar Lane there would be approximately 24 feet between the roadway and the wall. He further explained along Cheek-Sparger Road he was not certain what the distance from the sidewalk to the wall would be. Commissioner Gotcher questioned staff regarding what the distance from the wall to the sidewalk would possibly be. Ron Ruthven replied according to Public Works standards, the minimum distance the sidewalk could be constructed along the wall is 18 inches. Commissioner Dudziak questioned Mr. Howeregardingthe possibility of adding more open space that the public would be able to use. Mr. Howe replied proposed open space is not designed to hold water unless there is a rain event. Mr. Howe further explained there will be a park bench and the openspace will be useable when it is not raining. Discussion continued between Commissioner Dudziak and Mr. Howe regarding the open space and the required percentages for open space. Steve Isbell, development engineer for the developer, came forward and explained the design of the detention pond in the open space. Discussion continued between Commissioner Dudziak, Mr. Howe, and Mr. Isbell regarding the open space and the required percentages for open space. Commissioner Gotcher questioned Mr. Howe regarding whether the City of Colleyville Page 7 Planning and Zoning Commission MinutesJuly 22, 2013 developer had a “Plan B” if this Commission or City Council did not like the proposed density. Mr. Howe replied he did not believe he would be able to afford to lower the density. Discussion continued between Commissioner Gotcher,Mr. Howe, and Mr. Isbell regarding density. Mike Davila, 100 Greenbriar Lane, came forward and expressed his concerns. Daniel Morrison, 123 Felps Court, came forward and expressed his support for this case. James Beville, 119 Cheek-Sparger Road, came forwardand expressed his support for this case. Claudia Beville, 119 Cheek-Sparger Road, came forward and expressed her support for this case. Gary Guthrie, 505 Greenbriar Lane, came forward and spoke in opposition of this case. Greg Howell, 104 Cheek-SpargerRoad, came forward and spoke in opposition of this case. Cynthia Wallace and Elizabeth Guest did not wish to speak but wished to record their opposition. There being no one else wishing to speak, the public hearing was closed at 9:12 p.m. Mr. Howe and Mr. Isbell came forward and addressed comments and concerns. Keith Hamilton, project engineer for the developer, came forward and explained the drainage for this development. Chairman Byerly questioned staff regarding Cheek-Sparger Road being a minor collector. Ron Ruthven explained according to the Master Thoroughfare Plan, Cheek-Sparger Road shows to be a minor collector. He further explained that means, in an improved state, Cheek-Sparger Road would be no wider than a two lane road. Commissioner Byerly questioned Mr. Howe regarding lowering the number of lots to eight, instead of nine; Is this achievable? Mr. Howe City of Colleyville Page 8 Planning and Zoning Commission MinutesJuly 22, 2013 replied probably not,however,he was willing to look into it. ChairmanByerly stated he did not believe he could support the request as proposed. He further explained that if the number of lots was decreased and the percentageof open space increased, he could support the request. Commissioner Dudziak stated he concurred with Chairman Byerly and would like to see more open space and little more creativity. Commissioner Knox stated he alsofelt the density was high. Commissioner Phelps concurred with the other Commissioners. ChairmanByerly made a motion to continuecase ZC13-008to the August 12, 2013meeting. Commissioner Dudziak seconded the motion. CommissionerWheelwrightconcurred with the other Commissioners. The motion to continuecarried with the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps,and Byerly 5.ADJOURNMENT The meeting adjourned at 9:27 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on August 12, 2013 by a vote of_________. City of Colleyville Page 9 Location and Zoning Map 4211 4205 4209 4201 CityofHurst 4207 4113 4205 4201 4109 4104 4125 PUD-C PUD-C 4105 4121 4117 4101 4100 132 120 CC-3 CC-3 128 ACUFF LN 107 4013 4105 121 4012 4009 PUD-C PUD-C 4008 4005 4007 133 129 CN CN 125 4004 4003 4001 PUD-R PUD-R 4001 4000 4001 3919 3914 3913 200 124128 120 116 108112 104 SubjectProperty 3910 218 3907 100 210 3906 Cheek-SpargerRoad 219 215 3912 127 123 PUD-C PUD-C PUD-C PUD-C 3917 121 119 105 3901 3901 R-20 204 R-20 124128134 3801 200 CN CN 300 100 123 110 114 118104 202 206 210 214 3805 133 127 3809 203 106 125 PUD-R PUD-R 3725 108 111 115 3720 304 207300 211 208212 204 116200 112 3721 119 203 3726 GREENBRIAR LN 3716 3716 3717 3721 3722 3717 3716 3717 3716 3717 3712 3713 208 3717 3718 3713 2003712 3713 204 3712 3713 3708 WOODBINE DR 3709 212 3709 3708 3709 37133708 3709 3714 3704 3705 3705 3704 37083705 3709 3704 3705 3708 3709 3708 R-15 R-15 3700 37013701 3700 3701 3704 3700 3701 3705 3704 3705 3704 BRIARWICK LN 3616 3700 3701 3617 3700 3701 3700 3617 3616 301 213 209 205 3612 201 3616 3615 3616 3613 3615 3613 3616 R-20R-40 R-20R-40 Aerial 116 112 108 104 100 Cheek-SpargerRoad 119 105 100 110 104 106 Buffer Map 120132 128 ACUFF LN 107 4105 121 4007 133 129 125 4003 4001 3919 200 128 124 120 116 108112 104 3907 100 127 123 121 119 105 3901 124128 100 123 110 114 118104 202 206 127 106 125 3725 108 111 115 3720 207 200 116 112 1193721 203 GREENBRIAR LN 3716 3716 3717 3721 3716 3717 3712 3713 208 200 204 3712 3713 3708 WOODBINE DR 3709 212 3713 3708 3709 3704 3705 3708 Notification List Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Wallace, David A Etux Cynthia104 Greenbriar LnColleyville TX76034104 Greenbriar Ln Brand, Donald R121 Cheek Sparger RdColleyville TX76034121 Cheek Sparger Rd Bevill, James H Etux Claudia M119 Cheek Sparger RdColleyville TX76034119 Cheek Sparger Rd Blue Star Land Lp1 Cowboys PkwyIrving TX750633901 Colleyville Blvd Harris, D Keith108 Cheek Sparger RdColleyville TX76034108 Cheek Sparger Rd Hahn, Edward & Doris Est7500 Windswept TrlColleyville TX76034100 Cheek Sparger Rd Callaway, Curtis L & Trisha124 Felps CtColleyville TX76034124 Felps Ct Morrison, Pamela M710 Whispering Wood CirSouthlake TX76092123 Felps Ct Guest, Elizabeth V106 Greenbriar LnColleyville TX76034106 Greenbriar Ln Uhlenhaker, Ronnie RPO Box 1705Colleyville TX76034105 CHEEK-SPARGER RD Davila, Michael Etux Jennifer100 Greenbriar LnColleyville TX76034100 Greenbriar Ln Skinner, Edna Etvir Floyd D110 W Greenbriar LnColleyville TX76034110 W Greenbriar Ln Rhodes, Gregory Etux Frances114 W Greenbriar LnColleyville TX76034114 W Greenbriar Ln Howell, Dean G104 Cheek Sparger RdColleyville TX76034104 Cheek Sparger Rd Chatsworth Enterprises Llc4413 Bowman DrColleyville TX76034112 Cheek Sparger Rd Burns, Edward H7713 Lexus DrFort WorthTX76137120 Cheek Sparger Rd Woodbriar Estates HOA412 Woodbriar CourtColleyvilleTX76034Courtesy Notice Mark Howe, Applicant6617 Precinct Line Road, Suite 200North Richland HillsTX76182Applicant Public Hearing notices were mailed Friday, June 21, 2013 by Taci Wrisley Letters of Opposition From:keith h. To:Taci Wrisley; Bill Elliott; Ron Ruthven Subject:Notice of Protest ;case # zc13-008 Date:Saturday, July 20, 2013 9:53:10 PM 19july2013 NoticeofProtest PleaseacceptthisNoticeof Protestfrommeonthere-zonerequestonthepropertyat; 105Cheekspargerrd. ColleyvilleTx. case# ; ZC13-008 Applicant; MarkHowe requestedzoning; PUD-R From;D.KeithHarris 108Cheekspargerrd. ColleyvilleTx.76034 thankyou; D.keithharris 19july2013 Letters of Opposition From:greg howell To:Taci Wrisley Cc:Bill Elliott; Ron Ruthven Subject:105 Cheek sparger rd Date:Sunday, July 21, 2013 10:55:46 AM July 21st 2013 RE: zoning case ZC13-008 Dear sir and madam, Please let this server as my written protest to the zoning change requested by Mark Howe for the 1.94 acre lot located at 105 cheek sparger rd to change to PUD_R. I as the owner of 104 cheek sparger rd think that the purposed change would not be in the best interest of the neighborhood.. Greg Howell Letters of Opposition July 23, 2013 Colleyville Planning & Zoning Commission 100 Main St. Colleyville, TX 76034 To Whom it May Concern: First, I apologize for not being able to deliver this message in vacation one hour before your meeting. Otherwise, I would be there. I have some concerns about the proposed development on the corne-Sparger Road. The conceptual site plan paints a picture of a high-density development in a low-density neighborhood. Nine homes on nearly two acres with a potential height of 35 feet will be a vi sore at the entrance of a beautiful, established neighborhood. I commercial development next to it. The building setbacks on the front and rear property lines are entirely too small. This will not be appealing visually or for resale value. In addition, the developer is only way out of the neighborhood. The intersection of San Bar and Che-Sparger is an unusual one at best and currently causes challenges, especially during rush hour, with traffic sud right turn only lane and into through traffic on Cheek-Sparger. Now, the cars that queue up along San Bar in the mornings will be forced to wait even longer to get on the main road. Furthermore, there are beautiful trees on the property and I dont see any intention of I fell in love with our neighborhood because of the mature treesomes. The setbacks are appropriate for the neighborhood and allow neighborI have many older neighbors that have recently moved out of our ne venture far away because they loved it so much. There is a great opportunity here to construct homes for an older demographic. However, I feel certain they would not Please carefully evaluate this development and make sure it is a good fit for the neighbor Thank you for your time and consideration. Sincerely, Betsy Deck 3601 Cliffwood Dr. Colleyville, TX 76034 817-832-7783 Revised Statement of Planning Objectives Revised Statement of Planning Objectives Revised Statement of Planning Objectives Statement of Planning Objectives 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 ZONINGON1.94ACRES ON LOT 1, BLOCK 1 OF THE SAN BAR SQUARE ADDITION SURVEY, LOCATED AT 105CHEEK- SPARGER ROADFROM THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIALZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIALZONING 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 arezoning under Case No. ZC13-008; 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 ofland; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parksand 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 Ordinance O-13-xxxx Page 2of 6 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. THAT the Comprehensive Zoning Ordinance of the City of Sec. 2. Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.94acres on Lot 1, Block 1 of the San Bar Square Addition Survey, located at 105 Cheek-Sparger Road from the PUD-C-Planned Unit Development Commercialzoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit “A”and “C”, and asdescribed 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 ofeight (8)detached single family dwelling units, constructed at a gross maximum density of 4.4 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, Exhibit “B”. c.The proposed development is subject to all the regulations contained in the Land Development Code, except as amended by this Ordinance. Ordinance O-13-xxxx Page 3of 6 2. DEVELOPMENTPLANAND PLATTING a.The development shall be generally consistent with the conceptual site plan, Exhibit “C”,which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on the conceptual site planto accommodate topographic, drainage,or other conditions. b.The developer shall submit and receive approval from the City, a preliminary and final plat, approved as a single phase, 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.All lots shall be a minimum of 55feet in width as measured at the building setback line. 2.The minimum lot size shall be 6,216square feet. 3.The minimum lot depth shall be 120feet, except for lots whichfront the cul-de-sac. 4.Front Yard Setbacks: a.For lots that have a J-Swing garage: 10 feet b.For lots that have a front entrygarage: 20 feet 5.Minimum Rear Yard Setback:10 feet 6.Minimum Side Yard Setbacks: a.10 feet between structures; One (1) footand Ordinance O-13-xxxx Page 4of 6 nine (9) feet, or five (5) feet each sideproperty line. 7.Maximum Lot coverage: 80percent 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development: a.Homes maybe both single and two-story construction. b.Two-story homes on lots 5-9 shall not contain any balconies and verandasconstructed on the second floor. 6. OPEN SPACE a.This development shall provide a minimum of 14.02 percentcommon open space, which shall be configured as shown on Exhibit “C”.All open space areas shall be landscaped and maintained by the HOA. b.No more than 50% of the open space area may be utilized for detention. 7. SCREENING AND TREES a.Awood screening fence, not to exceed six (6) feet in height, shall be constructed at the property lines adjacent to other residential properties to the east and south.A six foot wrought iron fence may be constructed adjacent to the open space lot 4a. b.A variable height screening fence, constructed of a combination of brick, stone, and wrought iron will be constructed along the north and west portion of the property adjacent to Cheek-Sparger road and San Bar Lane. The screening shallbe continuous along the boundary with the exception of entry road right-of-way. 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. Ordinance O-13-xxxx Page 5of 6 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 ofthe 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 allother 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 itbe 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. rd The first reading and public hearing being conducted on the 3day of September2013. th The second reading and public hearing being conducted on the 17day of September 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 SecretaryMayor Ordinance O-13-xxxx Page 6of 6 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(Cont.) Exhibit B–Statement of Planning Objectives(Cont.) Exhibit C–Conceptual Site Plan