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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-8/26/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, August 26, 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 Knox PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES August 12, 2013 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. REGULAR AGENDA ITEMS 3a Approval of a minor plat for 1.97 acres on Tract 1B01A, of City of Colleyville Page 1 Planning and Zoning Commission Agenda August 26, 2013 Abstract 1248 of the Thomas J. Polson Survey, located at 4800 Bedford Road, Case PC13-014. 4. PUBLIC HEARING AGENDA ITEMS 4a Request for approval of a Special Use Permit for alcoholic beverage sales for off-premises consumption on Lot 7a, Block 2, Village Park Addition located at 4801 Colleyville Blvd. Approval of a Special Use Permit for alcoholic beverage sales for on-premises consumption on Lots 1R1, 4, 5a, 6a, 7a and 9R, Block 2, Village Park Addition located at 4701, 4709, 4717, 4725, 4801 and 4843 Colleyville Blvd, Case ZC13-009. 5. CONTINUED PUBLIC HEARING AGENDA ITEMS 5a Consideration 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 Squar Addition located at 105 Cheek-Sparger Road, Case ZC13-008. 6. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards August 23, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at 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 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, August 12, 2013 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 12, 2013 at 7:00 p.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, Amy Shelley, and Cathy Cunningham (City Attorney) INVOCATION The invocation was given by Commissioner Phelps 1. APPROVAL OF MINUTES Commissioner Phelps moved to approve the July 22, 2013 meeting minutes as written. 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 AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not agenda as a public hearing item. 3. CONTINUED PUBLIC HEARING AGENDA ITEMS 3a Consideration 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 Squar Addition located at 105 Cheek-Sparger Road, Case ZC13-008. City of Colleyville Page 1 Planning and Zoning Minutes August 12, 2013 Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 7:04 p.m. Mark Howe, the applicant, came forward and briefed the Commissio Commissioner Dudziak questioned Mr. Howe regarding the square footage discrepancy regarding the open space. Keith Hamilton came forward and stated they were unaware of the discrepancy until ju before the meeting and was not sure what the actual square footage was supposed to be. Claudia Bevill, 119 Cheek-Sparger Road, came forward and spoke in opposition of the case. Gary Guthrie, 505 Greenbriar Lane, came forward and spoke in opposition of the case. Betsy Deck, 3601 Cliffwood Drive, came forward and spoke in opposition of the case. Mike Davila, 100 Greenbriar Lane, came forward and spoke in opposition of the case. Cyndi Wallace, 104 Greenbriar Lane, and David Wallace, 104 Greenbriar Lane, did not wish to speak but wished to record thei opposition. There being no one else wishing to speak, the public hearing was closed at 7:29 p.m. Mark Howe came forward to address comments and concerns. Commissioner Dudziak questioned Mr. Howe regarding the materials that were proposed for the construction of the perimeter wall of subdivision. Mr. Howe replied the wall will be stone columns wi brick in between. He further explained along the open space, fronting Cheek-Sparger Road, there will be a wrought iron fence. Steve Isbell, the development engineer for the project, came for and explained the change in density. Commissioner Dudziak stated his disappointment in the developer for not bringing back a better plan with more open space. Mark Howe City of Colleyville Page 2 Planning and Zoning Minutes August 12, 2013 stated he did not know what else they could do with the open spa He further stated the development is geared toward empty nesters and they would not want a playground in there. Discussion continued between Commissioner Dudziak and Mr. Howe regarding the open space. Keith Hamilton, the project engineer for the project, came forwa and explained the detention pond will only be approximately 20 percent of the open space. C the lot coverage percentage was still on the high end. He further stated there needed to be a little more open space. Mr. Howe concurred. Commissioner Gotcher questioned staff regarding the actual acreage of the development. Ron Ruthven replied the actual acreage is 1 acres. He further explained the developer provided 1.82 acres t show the future right-of-way dedication. Chairman Byerly questioned staff regarding the custom for density calculations. Ron Ruthven replied the custom is to use the acreage at the time of the rezoning request. Commissioner Gotcher stated he echoed the other Commissioners regarding open space and lot coverage. Mr. Howe replied he was willing to go back and look at making more changes but could not make the development work with less than eight lots. Discussion continued between Commissioner Gotcher and Mr. Howe regarding the changes that still needed to be made. Chairman Byerly stated he would like to see 50 foot lots and more open space. Commissioner Phelps questioned Mr. Howe regarding the width of the sidewalk along Cheek-Sparger Road. Mr. Howe replied it would it meet what the code requires. Commissioner Phelps questioned Mr. Howe regarding the thought process into using wrought iron along the open space and the neighboring property. Mr. Howe replied the neighboring property owners had requested that the fence be wrought iron. City of Colleyville Page 3 Planning and Zoning Minutes August 12, 2013 Chairman Byerly confirmed with staff regarding which board or commission the applicant would go before if the Planning and Zong Commission approved the case. Ron Ruthven replied the City Council. Commissioner Dudziak made a motion to continue Case ZC13- 008 to the August 26, 2013 meeting. Commissioner Phelps seconded. Aye: 6 - Knox, Dudziak, Wheelwright, Davis, Phelps, and Byerly Nay: 1 - Gotcher 4. ADJOURNMENT The meeting adjourned at 7:55 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on August 26, 2013 by a vote of _________. City of Colleyville Page 4 Location and Zoning Map 5013 5016 1104 5017 5016 S A 1100 5005 5004 5009 5008 PUD-R CN 1105 5005 5004 5005 1104 CN 1112 1100 5000 CC-1 PUD-C 5003 5001 5000 PUD-C D GLADE RD L Glade Road PUD-C 1105 905 1009 800 PUD-C 710 110 8 1104 1001 1005 1100 R-20 JO CA Subject R 4800 Property 4921 4925 1105 4927 1101 CC-2 4909 4917 4913 707 4905 4928 1100 1104 4901 4932 4918 4914 4910 GARRY LY 4936 R-MF 1004 4821 1008 1012 4940 4944 1101 1105 EDGEWATER CT 11 4817 4813 1009 1013 1005 1001 4808 4809 4805 1104 1108 11 1100 804 1000 4922 4805 1004 1008 1012 CLEAR LAKE CT 00 4801 4801 Aerial Applicant's Request Applicant's Request Applicant's Request Applicant's Request Applicant's Request Applicant's Request Applicant's Request Applicant's Request Applicant's Request Applicant's Request Applicant's Request !! !!! Pool Rd JIM MITCHELL TRL E SYCAMORE DR MAJESTIC MNR BALMORAL DR Bedford Rd E SOUTH DR !!!!!!!!!!!!!!!! Brown Tr Westcoat Dr TI TT Final Plat Exhibit WSHADO BRANSFORD RD DARTMOORE LN WESTBURY DR ROAK TIMBE LAKEWOOD DR THOMPSON CT SHADOWOOD TRL BRANSFORD RD MAPLEWOOD TRL FORD DR Notification List Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address 1 Chronicles 29:10-20 Llc6620 Cedar Grove DrNorth Richland Hills Texas76182714 Centerpark Ac Village Park Partners Llc8235 Douglas Ave Ste 655Dallas Texas752254701 Colleyville Blvd Alavi, Kambiz Etux Homa5009 Westgrove LnColleyville Texas760344709 Lakeshore Ct Cambridge Homes Inc5601 Democracy Dr Ste 190Plano Texas75024800 Creekview Ln Ayia Properties Llc1905 Central Dr Ste 205Bedford Texas76034714 Centerpark Bennett, James Etux Joann4917 Lakewood DrColleyville Texas760344917 Lakewood Dr Benton, Richard B Etux Susan N4705 Lakeshore CtColleyville Texas760344705 Lakeshore Ct Betty B Pannell Rev Liv TrPO Box 815Colleyville Texas76034710 Centerpark Blockbuster Investment Ltd2317 Clearview CtLewisville Texas750574608 Colleyville Blvd Boney, Michael4925 Lakewood DrColleyville Texas760344925 Lakewood Dr Bowden, William Etux Sharon4928 Lakewood DrColleyville Texas760344928 Lakewood Dr Cambridge Homes Inc5601 Democracy Dr Ste 190Plano Texas75024605 Creekview Ln Centerpark Colleyville Prtnrs3008 E Hebron Pkwy Bldg 300Carrollton Texas750104712 COLLEYVILLE BLVD Chandler, RamanPO Box 611Colleyville Texas760344501 COLLEYVILLE BLVD Chonody, Andrew Etux Sandra829 Creekview LnColleyville Texas76034829 Creekview Ln Colleyville Blvd Condo AssocPO Box 47Colleyville Texas760344603 Colleyville Blvd Colleyville Centerpark AssocPO Box 47Colleyville Texas76034710 Centerpark Colleyville Plaza Lp580 Decker Dr Ste 203Irving Texas750624908 Colleyville Blvd Compass Bancshares IncPO Box 10566Birmingham Alabama352964841 Colleyville Blvd Crumpler, John K Etux Kandis L725 Creekview LnColleyville Texas76034725 Creekview Ln Curtis, Eleanor K Tr629 Creekview LnColleyville Texas76034629 Creekview Ln Daunis, Walter F & Letaine8900 Crest Wood DrFort Worth Texas761794609 Colleyville Blvd Dehart, Doris737 Creekview LnColleyville Texas76034737 Creekview Ln Donato, Mario Jr Etux Melissa4612 Clearwater CtColleyville Texas760344612 Clearwater Ct Drennan, Billy Etux Frances705 Creekview LnColleyville Texas76034705 Creekview Ln Enochson, Michael Etux Heather4914 Lakewood DrColleyville Texas760344914 Lakewood Dr Erickson, O M & A L Magistrado4804 Lakeshore CtColleyville Texas760344804 Lakeshore Ct Ervin, Richard L Etux Terri1155 W Wall St Ste 101GrapevineTexas760514700 Colleyville Blvd Fick, Gary Etux Rebecca Cast804 Creekview LnColleyville Texas76034804 Creekview Ln Fiscal Fitness Center Llc4603 Collyville Blvd Ste 140Colleyville Texas760344603 Colleyville Blvd # 140 Fonberg, Mitchell Etal5452 Glen Lakes Dr Ste 203Dallas Texas752314714 Colleyville Blvd Fonberg, Peter D5452 Glen Lakes Dr Ste 203Dallas Texas752314718 Colleyville Blvd Giroir, Ron L Etux Lisinla G609 Creekview LnColleyville Texas76034609 Creekview Ln Glade Road Capital LlcPO Box 1821Colleyville Texas760341001 Village Park Dr Grapevine Colleyville ISD3051 Ira E Woods AveGrapevine Texas76051601 Glade Rd Haochuan, Li Etux Mei Han4313 Pembrooke Pkwy NColleyville Texas760344603 Colleyville Blvd # 120 Hardin, Carl W Tr223 N Guadalupe St Unit 559Santa Fe New Mexico87501713 Creekview Ln Hardin, Jo Dora600 Creekview LnColleyville Texas76034600 Creekview Ln Harris, John4808 Lakeshore CtColleyville Texas760344808 Lakeshore Ct Hawkins, Christopher & PatriciPO Box 235Colleyville Texas760344944 Lakewood Dr Hendricks, Chas Etux Patricia4918 Lakewood DrColleyville Texas760344918 Lakewood Dr Heritage Personal Training Inc1208 Crest DrColleyville Texas76034707 Glade Rd Hoa - Lakewood Estates6707 Brentwood Stair RdFort Worth Texas761124922 Lakewood Dr Hoa - Lakewood Estates6707 Brentwood Stair RdFort Worth Texas761124935 LAKEWOOD DR Hoa Of Cambridge Place Inc3500 Maple Ave Ste 1165Dallas Texas75219633 Creekview Ln Jackson, Sharon R4801 Lakeshore CtColleyville Texas760344801 Lakeshore Ct Johnson, Yvonne F608 Creekview LnColleyville Texas76034608 Creekview Ln Karegeannes, Harry G Etux1004 Edgewater CtColleyville Texas760341004 Edgewater Ct Kettle, Keith & Teresa S714 Centerpark Dr Ste 120Colleyville Texas76034710 Centerpark Krivsky-Bartusiak Inc3220 Clear Fork DrHurst Texas760544701 Bransford Rd Kwik Kar Of Colleyville Tx Llc4616 Collyville BlvdColleyville Texas760344616 Colleyville Blvd Lee, Moon D Etux Young Sun Lee628 Creekview LnColleyville Texas76034628 Creekview Ln Looney, John R3001 S Country Club RdGarland Texas750434917 Colleyville Blvd Loveita & Schon Llc803 Caprock DrBig Spring Texas797204620 Colleyville Blvd Matlock, Jc Jr805 Creekview LnColleyville Texas76034805 Creekview Ln McMahon, Danial J1008 Edgewater CtColleyville Texas760341008 Edgewater Ct Mejia, Eduardo Etux Maria Silv247 S Maple Glade CirSpring Texas773824800 Lakeshore Ct Miller, Harry M Etux Belinda4805 Lakeshore CtColleyville Texas760344805 Lakeshore Ct Mirzadeh, Marzia4608 Clearwater CtColleyville Texas760344608 Clearwater Ct Moroski, Peter J Etux Deborah813 Creekview LnColleyville Texas76034813 Creekview Ln Morse, Julius Etux Billie821 Creekview LnColleyville Texas76034821 Creekview Ln Moyer, Cecilia C604 Creekview LnColleyville Texas76034604 Creekview Ln Nicholas, Rene Lou808 Creekview LnColleyville Texas76034808 Creekview Ln Nobel Source Company Llc640 S Hill St Ste 341Los Angeles California90014800 Glade Rd Noblit, Don Etux BarbaraPO Box 820895Fort Worth Texas761824913 Colleyville Blvd Notification List Noorani, Anis Etux Reema4940 Lakewood DrColleyville Texas760344940 Lakewood Dr Owen, Geoffrey R Etux Helen M809 Creekview LnColleyville Texas76034809 Creekview Ln Pardo, Lisa D904 Saddlebrook DrColleyville Texas760344607 Colleyville Blvd Patel, Geeta Tr601 Creekview LnColleyville Texas76034601 Creekview Ln Pettit, Lois Jeannean625 Creekview LnColleyville Texas76034625 Creekview Ln Pittman, Bobby G4913 Lakewood DrColleyville Texas760344913 Lakewood Dr Poslick, Martin A Etux Evelyn4932 Lakewood DrColleyville Texas760344932 Lakewood Dr R&L Capital Properties Llc6903 Shepherds GlnColleyville Texas760344800 Colleyville Blvd Raphael Leasing LlcPO Box 820895North Richland Hills Texas76182710 Centerpark Realty Income Tx Pro 1 LlcPO Box 460069Escondido California920464700 Glade Creek Dr Reddy, Prabhakar Etux Pallavi4701 Lakeshore CtColleyville Texas760344701 Lakeshore Ct Renberg, Timothy S613 Creekview LnColleyville Texas76034613 Creekview Ln Rhodes, Dee Ann Etvir Joe4712 Lakeshore CtColleyville Texas760344712 Lakeshore Ct Pillai, Jaime621 Creekview LnColleyville Texas76034621 Creekview Ln Ross, Peter M Etux Mickey K721 Creekview LnColleyville Texas76034721 Creekview Ln Salemizadeh, A Etux Belgheys G1005 Edgewater CtColleyville Texas760341005 Edgewater Ct Sawyer, Matthew Etux Christi4700 Lakeshore CtColleyville Texas760344700 Lakeshore Ct Schwab Group Llc714 Centerpark Dr Ste 100Colleyville Texas76034714 Centerpark Sharp, Perry L Etux Lori A812 Creekview LnColleyville Texas76034812 Creekview Ln Sisdr Properties Llc4603 Colleyville Blvd Ste 100Colleyville Texas760344603 Colleyville Blvd # 100 Small, Marvin B Jr4613 Clearwater CtColleyville Texas760344613 Clearwater Ct Sorlie, Victor A Etux Linda729 Creekview LnColleyville Texas76034729 Creekview Ln Stalford, Elizabeth R Tr701 Creekview LnColleyville Texas76034701 Creekview Ln Stitts, Andrea A4713 Lakeshore CtColleyville Texas760344713 Lakeshore Ct Suiter, Scott M Etux Julie A825 Creekview LnColleyville Texas76034825 Creekview Ln Sveska, Dorothy & Robert F4700 Lakewood DrColleyville Texas76034617 Creekview Ln Tadlock, Larry & Karen624 Creekview LnColleyville Texas76034624 Creekview Ln Talkington, Mary Alice4708 Lakeshore CtColleyville Texas760344708 Lakeshore Ct Taylor, Virginia Ann809 Silver Lake DrKeller Texas762484936 Lakewood Dr Teague, Mary P Etvir Daniel733 Creekview LnColleyville Texas76034733 Creekview Ln Terry, Doug Etux Lee MartinPO Box 622Colleyville Texas760341001 Edgewater Ct Thompson, John E5017 Montclair DrColleyville Texas76034905 Old Glade Rd Trow, Bradley MPO Box 1201Hurst Texas760534605 Colleyville Blvd Tutt, Dorothy4800 Bedford RdColleyville Texas760344800 Bedford Rd Wal-Mart Real Estate Bus TrustPO Box 8050Bentonville Arkansas727164904 Colleyville Blvd Wilson, Edwin E817 Creekview LnColleyville Texas76034817 Creekview Ln Wilson, Mark D & John B Blick701 Glade RdColleyville Texas76034701 Glade Rd Winstead, Debra A717 Creekview LnColleyville Texas76034717 Creekview Ln Worthington National Bank500W Main StFort Worth Texas761024814 Colleyville Blvd Wren, Donald C Etux Barbara4704 Lakeshore CtColleyville Texas760344704 Lakeshore Ct Y2Kitchen Properties Llc4500 Dartmoore LnColleyville Texas760345003 Colleyville Blvd Yellock, Johnnie Etux Reagan709 Creekview LnColleyville Texas76034709 Creekview Ln Young, Alan1000 Clear Lake CtColleyville Texas760341000 Clear Lake Ct Zell Three Inc1190 Explorer StDuncanville Texas75137700 GLADE RD Zinger, Charles Etux Joanne833 Creekview LnColleyville Texas76034833 Creekview Ln Ac Village Park Partners Llc, Applicant8235 Douglas Ave Ste 655Dallas Texas76034Applicant Public Hearing notices were mailed Fri., Aug. 16, 2013 by Taci Wrisley Statement of Planning Objectives AC VILLAGE PARK PARTNERS, LLC 8235 Douglas Avenue, Suite 655 Dallas, Texas 75225 We currently own the Village Park Shopping Center located at the Southeast corner of Hwy. 26/Colleyville Boulevard and Glade Road, containing approximately 192,865 square feet of retail space (the Property). The Property is within Tax Increment Reinve subject of an Economic Development Grant Agreement executed on F the City of Colleyville, Texas. As you know, we are in the process of redeveloping and rebranding the Pr Downs, a Class A shopping center to be anchored by Whole Foods Market. The redevelopment will not only introduce a Whole Foods grocery store to Colleyville, but will also involve a renovation of the shopping center to achieve an elevated quality of appearance, wh character and history of the City of Colleyville. In addition, retailers and multiple restaurants to the center. At this point, we have entered int with Whole Foods, are in various stages of pre-leasing other vacancies at the center and in the pre- development stage of our construction activity. While we have had and continue to have success in execution of the business plan, we are in need of assistance to overcome certain obstacles that we have identified and are interfering with our redevelopment plans. In furtherance of the Colleyville Downs redevelopment plan, we are writing to request that the City adopt a Special Use Permit that would provide for the following: Restaurant Overlay District. We are working with a number of restaurant operators whose businesses involve the sale of alcoholic beverages for on-premises consumption. In addition, Whole Foods is planning to introduce a restaurant concept within alcoholic beverages for on-premises consumption. We would like to request a Restaurant Overlay District for Lots 1R1, 4, 5A, 6A, 7A and 9R. Sale of Alcohol by Whole Foods. Whole Foods is in the business of selling beer and wine for off- premises consumption. We would like to request permission for that activity on Lot 7A, Block 2 Village Park Addition  Colleyville. Construction of New Landmark Sign. Retailers that are interested in Colleyville Downs have demanding criteria for site selection, which include requirement signage. Considering depth and slope of the parking field togeth certain other issues, visibility in portions of the shopping center is limited. As a ability to offer additional signage to attract more retailers to request permission to build a multi-tenant sign as described on Exhibit A of the attached site plan. The new landmark sign is designed to be consistent with shopping center and resemble the existing landmark sign identifi Statement of Planning Objectives Improvement of Existing Landmark Sign. As mentioned above, our success in leasing Colleyville Downs is determined in large part by available signa plan to improve the appearance of the shopping center, we think to improve the appearance of existing signage so that it is consist redeveloped shopping center. Thus, we would like to request pe existing landmark sign that is identified on Exhibit B. The modeled sign would be constructed to be substantially similar to the drawing on Exhibi Establish 4.5 / 1000 Parking Ratio. In order to accommodate the tenant interest in Colleyville Downs and optimize the occupancy, value, shopping traffic and sales volumes at the center, we would like to request a parking ratio of 4.5 /1000; which will s to comply with all permitted uses under the CC-2 Shopping Center district. Allow for two electrical charging stations. These stations will allow for the charging of electrically powered automobiles. We have not yet determined a final location for these devices and are simply asking for the allowance of the land use in conjuis Special Use Permit request. LAKEWOODDR 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 LOTS1R1,4, 5A, 6A, 7A AND 9R, BLOCK 2 OF THE VILLAGE PARK ADDITION, LOCATED AT 4701, 4709, 4717, 4725, 4801 AND 4843COLLEYVILLE BOULEVARD,BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISESCONSUMPTIONAND OFF-PREMISES CONSUMPTION;PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for on- premise consumption of alcoholunder Case No. ZC13-009; 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 Cityinto 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; toprovide 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 2of 5 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 tothe 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 onLots 1R1, 4, 5A, 6A, 7Aand 9R, Block 2, Village Park Addition located at 4701, 4709, 4717, 4725, 4801 and 4843 Colleyville Boulevardby authorizing a Special Use Permit for the sale of alcoholic beverages for on-premises consumptionand off-premises consumption,as depicted on Exhibit “A”and described in Exhibit “B”. Sec. 3.THAT the above described tract of land shall be used only inthe 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.TheSpecial Use Permit shall apply to the sale of alcoholic beverages for on-premisesconsumptionand off-premises consumption. b.The sale of alcoholic beverages for on-premises consumption may apply to any restaurant located on the subject properties provided that the restaurantis in compliance with City’s alcoholic beverage regulations.The Ordinance O-13-XXXX Page 3of 5 expiration and revocation provisions for Special Use Permits in the Land Development Code are hereby waived for any restaurant that serves alcoholic beveragesfor on- premises consumption as authorized by this ordinance. c.The sale of alcoholic beverages for off-premises consumption shallonly include beer and wine sales and shallonly apply to the Whole Foods Market located at 4801 Colleyville Boulevard.The provision for off-premises sales of alcoholic beverages 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.A variance to the 300 foot distance requirement to churches, public or private schools or public hospitals is hereby granted by this ordinance. e.All requirements of the Land Development Code and the Code of Ordinances shall be met, except where amended herein. 2. LANDSCAPING AND SCREENING a.Prior to the issuance of any Certificate of Occupancy for any business authorized to sell alcoholic beverages per the provisions of this ordinance, all landscaping on the subject properties shall meet the requirements of Chapter 4- Landscaping andBuffering in the Land Development Code. b.Prior to the issuance of any Certificate of Occupancy for any business authorized to sell alcoholic beverages per the provisions of this ordinance, all dumpsters on the subject properties shall be enclosed and screened per the requirements of Section 3.26 in the Land Development Code. 3., BUILDING DESIGNSIGNAGE AND PARKING a.Prior to the issuance of any Certificate of Occupancy for any business authorized to sell alcoholic beverages per the provisions of this ordinance, the front façade of the shopping center shall meet the minimum requirements of Chapter 6-Building Design in the Land Development Code. Ordinance O-13-XXXX Page 4of 5 The front façade shall be generally consistent with Exhibit “C”. b.Prior to the issuance of any Certificate of Occupancy for any business authorized to sell alcoholic beverages per the provisions of this ordinance, not more than two landmark signs, as described in Chapter 7-Sign Regulations in the Land Development Code, shall be placed on the subject properties. The signs shall be generally consistent with Exhibit “D”. The existing landmark sign located at 4701 Colleyville Boulevard and authorized by Ordinance O-10- 1780 shall meet the standards shown in Exhibit “D”. c.Required parking space calculations for the subject properties may be calculated at 4.5 parking spaces per 1,000 feet of gross floor area. 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 5of 5 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 September2013. 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, TRMC David Kelly City SecretaryMayor 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 ObjectivesCont. Exhibit “C”–Front Façade Elevations Exhibit “D”–Landmark Sign Exhibits Exhibit “D”–Landmark Sign ExhibitsCont. 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 Letter of Opposition From:Claudia Bevill To:Taci Wrisley Subject:Letter to Commissioners with Land Use Table Comparison Date:Monday, August 12, 2013 3:17:45 PM Attachments:Land Use Comparison.docx Questions.docx August 12, 2013 City of Colleyville Planning and Zoning Commission RE: ZC13-008  105 Cheek Sparger Road - 8/12/13 Dear Commissioner: My husband and I live at 119 Cheek Sparger Rd. 325 feet of our property borders the property at 105 Cheek Sparger Rd. which is the subject of the above referenced zoning case to be considered tonight. While I support the rezoning of the property from its current zoning to residential, I cannot support the revised development plan. Last Friday I received a diagram of the new development plan. After seriously reviewing the plan, I made a list of my questions concerning the plan (attached), created a Land Use Table Comparison (attached), documenting the differences st between the plan that we were given on July 21 and the current plan. I forwarded those documents to Mr. Isbell on Friday. This morning, I received a response to my questions Letter of Opposition with the exception of the last question requesting protective barriers at the end of the proposed cul-de sac. I appreciate the effort he has put forth to keep us informed on the project. nd During the hearing on July 22, you requested that the number of houses be reduced from 9 to 8. The objective of that request, as stated by several of you, was clearly to create more open space and reduce the density of the development! While the new plan does include only 8 homes as you requested, it actually DECREASES the amount of open space from the original plan (14.02% new vs. 14.72% original). In this respect, it does NOT meet the desired results requested by the Commission. Additionally, this plan has decreased the density by a marginal .24 of one unit, taking it from 4.64 units per acre to 4.4 units per acre. I believe that to be a negligibl decrease in density, once again failing to accomplish the objective. Another difference I noticed is that the original Land Use Table note indicated a "lot coverage not to exceed 65 percent of the individual lot", whereas the new Land Use Table note indicates "lot coverage not to exceed 80 percent of the individual lot". This difference clearly impacts the density of the development. Without a doubt, the revised plan falls significantly short of accomplishing the desired outcome as Letter of Opposition requested by the Commission at the July 22, public hearing. I ask that you deny or once again delay approval of this development plan on the basis that it has not accomplished the intended goals of more open space, while offering an insignificant decrease in density from the original plan. Thank you for the time you dedicate to development within the City of Colleyville. Sincerely, Claudia Bevill 119 Cheek Sparger Road Colleyville, TX 76034 817-849-1360 Letter of Opposition Land Use Table Comparison ZC13-008 105 Cheek Sparger Road - 8/12/13 The revised Land Use Table has successfully reduced the number o the Commission. However, this only reduces the density by .24 o from the required density set forth in the development code. Ha nd met the objective of the request by the Commission during the Ju Public Hearing? In reducing the number of houses, the Commission density, but also INCREASE the open space area for the developme space provided under the new plan is actually REDUCED from the original plan, clearly falling short of the Commis Also note the original land use table indicated lot coverage sha individual lot where as the current land use table allows for th percent of the individual lot, decreasing the number of houses b coverage. Additionally, in the original land use table the development is new land use table, the development is for 1.82 acres. Why did Current Land Use Table Original Land Use Table Letter of Opposition QUESTIONS FOR DEVELOPER DRAINAGE AND RIGHT OF WAY The new plan does not include the detention pond. What is the new DEVELOPER RESPONSE This is the zoning exhibit, the detention area was conceptual and shown on the drainage plan. We will still have a detention area and it will be in the same loc working around as many trees as possible, etc. Prefer sidewalk install as opposed to escrow DEVELOPER RESPONSE The sidewalk vs escrow has more to do with the eventual improvemen on Cheek Sparger. DEVELOPER RESPONSE That land will belong to the city. DEVELOPMENT ON THE EASTERN PROPERTY LINE The current plan requires a wood fence on the east side of lot #4 (builder or developer). As discussed previously, can that fence be extende the southern corner of our house) to lend more privacy to our pr DEVELOPER RESPONSE As before, we have some flexibility on where to transition between can work with you on that. Will the wooden fence still include metal poles and a concrete mow str the previous plan but not indicated on the new plan? DEVELOPER RESPONSE Yes, metal poles and a mow strip. As previously discussed, will the wood fence be installed before t lots? DEVELOPER RESPONSE The fence won't be constructed while the lots are being developed, before the construction starts on the houses. Meaning, as we are grading the lots, putting in sewer, water, drainage, etc, there won't yet be a fenc I think when we talked about it before, I spoke about the house construction instead. Letter of Opposition ; will that include a concrete mow strip? DEVELOPER RESPONSE There won't be a mow strip for the iron fence. That would hurt our jogging around and protecting the trees. MISCELLANEOUS Do we still have a commitment to save all existing trees where pos the east side fence line of the development? DEVELOPER RESPONSE Yes, those trees on/near the fence line that we talked about are still safe. Location of utility poles and location of street lights? DEVELOPER RESPONSE Utility locations have not been determined NOTES: #3 - line? How can that fence be maintained and accessed by the HOA? DEVELOPER RESPONSE I guess I don't understand the question regarding lot 4. We need to maintain a certain distance between structures under the fire/building code. The language of "5' and 3' or 1' and 7'" reflects that. It's something the engineer put in to highlight setbacks, which differ within the development based on a lot's adjacency to anoth Can barriers be installed at the center of the cul-de-sac in the common area to prevent an out of control vehicle from coming through the wood fence? THIS HAS NOT BEEN ADDRESSED DEVELOPER COMMENTS As for reducing the lots from 9 to 8, we did that as you'll recall chair. The other things regarding the open space we're viewing as sugge Letter of Opposition From:Claudia Bevill To:Taci Wrisley Subject:FW: Drainage/high grass and weeds Date:Monday, August 12, 2013 3:29:29 PM Hi Taci! This is the email I sent to the Public Works Department earlier In it I mention the proposed development and potential problems with the My husband believes the City Departments should look at this rat since you asked, I'm sending it along! Regards, Claudia Bevill From: To: blowry@colleyville.com CC: jfadden@colleyville.com Subject: Drainage/high grass and weeds Date: Mon, 12 Aug 2013 10:36:35 -0500 Dear Mr. Lowry, My home is at 119 Cheek Sparger Rd. and the attached photos were is the drainage ditch that runs in front of our property. I measured the grass at the far end of the drain at 46 inches (up to my shoulders). I am certain this is not acceptable by the standards set forth in our City Code. Who is maintaining this? If we had a heavy rain over several days, this ditch in it's current state could not effecti result in flooding to the surrounding homes as well as the roadw calling and monitoring this lack of maintenance for the past 11 Is there not a schedule for maintenance? Additionally, there is a development plan before the P&Z Commiss approx 2 acres to our immediate west, which could present seriou development phase when the ground is turned and dirt will wash i more shallow and less effective for carrying the run off. I would rather address that before, not after the fact. The developer has dedicated an additional 35' off Cheek Sparger (running the distance from San Bar to our property line - approx Since the City is not maintaining the right of way area that currently exists, what ca Letter of Opposition the way of maintenance with an additional 35'x273'? In conjunction with the development of this property (105 Cheek suggest improvements to the drainage from San Bar east to Felps I hope you will evaluate the situation and consider some type of improvement to unsightly, poorly maintained drainage area where impending development could creat current residents in this area. Kindest Regards, Claudia Bevill 817-849-1360 Letter of Opposition Letters of Opposition Letters of Opposition Letters of Opposition Letters of Opposition Letters of Support Revised Statement of Planning Objectives - 8/26/2013 P&Z Meeting August 21, 2013 Briar Grove Located at the SEC of Cheek-Sparger and San Bar Zoning change from PUD-C to PUD-R Revised Statement of Planning Objectives Steve Isbell and Mark Howe have a contract to acquire approximat corner of Cheek Sparger and San Bar. They are requesting a zonin-C to PUD-R. The current site is vacant and has been vacant for many years. The p and planned for an office type development. Over the years that best use for the property and the property has never been develo single family homes with open space, all to be accessed off San -De-Sac from San Bar East across the property. The open space will be o established for this project. Where drainage and utility easemen will provide normal city services to the open areas. The plan wi open space lot backing to Cheek Sparger and a masonry fence alon property with the entry being on San Bar. Through the planning process, we are planning on saving as many trees on the perimeter will be retained. Drainage will be addres open space lot. The open space lot will have a sitting area with two park benches and a side walk to their location which will be selected to be in an appropriate shade. The site is located just east of a self- storage project and the 99 cent store on Hwy 26 and to the south, north and east of the property are residential homes. This project will provide 8 new households close to Hwy 26 and p proposed retail along the center corridor of Colleyville. It is the developers anticipation that these will be lifestyle downsize and still live in Colleyville. It is anticipated that t mid $500s Development Schedule: Zoning approval: September 2013 Preliminary and Final Plat: October 2013 Construction Commencing: November 2013 Construction Completing: May 2014 Economic Development Information: 1.Total Square footage; 8 homes averaging 3200 sf at $150/sf = $3,0,000 2.Estimated sell out for the entire project is 18 months Revised Statement of Planning Objectives - 8/26/2013 P&Z Meeting PUD Single Family - 8 lots 1.GENERAL a. The purpose of PUD-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 4.40dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance withthe 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 Single-family detached residential lotrequirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, shall control where such building line setback is different from the following requirements. a.Minimum Lot Size 5807 square feet b.Minimum Lot Width 55 feet c. Minimum Lot Depth 120 feet (exception for lot lines on cul-de-sac) d.Front Building Line 10 feet for J-Swing Garage/ 20 feet for Front Entry e.Side Building Line 5 feet for center placed structure and 1’ and 9’ for zero (except for lot 4 which can have side yards of 5’ and 3’ or 1’ and 7’) f.Rear Building Line 10 feet g.Maximum Lot Coverage 65 percent h.Maximum Height 35 feet 5. OPEN SPACE a. This development shall provide not less than 17.6% common open space, which will generally be configured as shown on the Conceptual Site Plan. All open space areas shall be landscaped and maintained by the Homeowners Association. b. No more than 25 percent of the open space area shall be utilized for storm water detention or retention. Revised Statement of Planning Objectives - 8/26/2013 P&Z Meeting 6. SCREENING a. A wood screening fence, not to exceed six feet in height will be constructed at the property lines adjacent to other residential properties to the east and south, as shown on the Conceptual Site Plan. At a minimum the pole side of the screen fence will face into the new development along the south and east property lines. 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. The screening will be continuous along the boundary with the exception of entry road right-of-way. 7. SIDEWALKS Sidewalks will be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. OTHER a. Homes will be both single and two story construction. b. For two story homes there will be no balconies or verandas on the second floor of lots 3-8. c. Maintenance of the wood fence, masonry fence, open space and landscaping will be the responsibility of the HOA governing the new sub-division. d. Construction times would be limited to City of Colleyville rules and regulations (Monday - Saturday 7:00am - 6:00pm) e. All agreements made between thehome owners to the east and south of development will be recorded in the final development documents/ restrictions. Revised Conceptual Site Plan - 8/26/2013 P&Z Meeting Revised Color Conceptual Site Plan - 8/26/2013 P&Z Meeting Information Received From Applicant - 8/26/2013 P&Z Meeting Information Received From Applicant - 8/26/2013 P&Z Meeting Information Received From Applicant - 8/26/2013 P&Z Meeting Information Received From Applicant - 8/26/2013 P&Z Meeting Information Received From Applicant - 8/26/2013 P&Z Meeting Information Received From Applicant - 8/26/2013 P&Z Meeting Information Received From Applicant - 8/26/2013 P&Z Meeting Statement of Planning Objectives - 8/12/2013 P&Z Meeting Statement of Planning Objectives - 8/12/2013 P&Z Meeting Statement of Planning Objectives - 8/12/2013 P&Z Meeting Conceptual Site Plan - 8/12/2013 P&Z Meeting Color Conceptual Site Plan - 8/12/2013 P&Z Meeting Statement of Planning Objectives - 7/22/2013 P&Z Meeting Conceptual Site Plan - 7/22/2013 P&Z Meeting Color Conceptual Site Plan - 7/22/2013 P&Z Meeting 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 unitsper 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 5,807square feet. 3.The minimum lot depth shall be 120feet, except for lots whichfront the cul-de-sac. 4.Front YardSetbacks: 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: Ordinance O-13-xxxx Page 4of 6 10 feet between structures; One (1) foot and nine (9) feet, or five (5) feet each sideproperty line. 7.Maximum Lot coverage: 65percent 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 3 through 8shall not contain any balconies and verandasconstructed on the second floor. 6. OPEN SPACE a.This development shall provide a minimum of 17.6percent common 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 25% 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 of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 17day of September2013. nd The second reading and public hearing being conducted on the 2day of October2013. 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, TRMCDavid 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