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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/14/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, October 14, 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 Byerly PLEDGE OF ALLEGIANCE 1.APPROVAL OF MINUTES September 23, 2013 2.SWEARING IN OF NEWLY APPOINTED MEMBERS Carel Tornes, Place 5 Don Davis, Place 6 Larry Knox, Place 7 City of Colleyville Page 1 Planning and Zoning Commission AgendaOctober 14, 2013 3.ELECTION OF OFFICERS Chairman Vice-Chairman Recording Secretary 4.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 5.REGULAR AGENDA ITEMS 5aApproval of apreliminary plat for53.2 acres on Tract 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case PC13-020 5bApproval of a minor plat for3.02 acres on Tract 2B, of Abstract328of theSimon CotrailSurvey, located at5016 Montclair Drive, Case PC13-022 6.PUBLIC HEARING AGENDA ITEMS 6aRequest for a zoning change from R-40 Single Family Residential to PUD-R-Residential on 15.4 acres of Lot 1, Block 1 of the Breezy Lake Estates, Lots 1A and 1B, Block 1 of the Meadowlake Addition and Tract 2B, McNary Acres Addition located at 1117, 1121 and 1217 W. L. D. Lockett Road and a portion of Lot 1, Block 1 of the Bear Valley Community Church Addition located at 7900 Precinct Line Road, Case ZC13-014 7.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards October 11, 2013by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. City of Colleyville Page 2 Planning and Zoning Commission AgendaOctober 14, 2013 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 3 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 l www.colleyville.com Minutes Monday, September 23, 2013City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerlyon September 23, 2013 at 7:00p.m. Roll Call Present: Commissioners Larry Knox, Don Davis, David Phelps, and Jeff Byerly Absent: Commissioners Dave Dudziak, David Wheelwright,and Jim Gotcher Staff Present:Ron Ruthven, Amy Shelley, Dale Crown, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney) 1.APPROVAL OF MINUTES Commissioner Davismade a motion to approve the minutes as amended. Commissioner Knoxseconded. The motion to approve the minutes as amendedcarried by the following vote: Aye: 4–Knox, Davis, Phelps, and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3.REGULAR AGENDA ITEMS 3aConsideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of theHodgsonAddition located at4609 BehrensRoad, Case GC13-018 Ron Ruthven presented thecase and briefed the Commission. Wes Poole, the applicant and the property owner, came forward and City of Colleyville Page 1 Planning and Zoning Commission MinutesSeptember 23, 2013 briefed the Commission. Commissioner Davis questioned Mr. Poole regarding what his understand of the escrow fees were and did he believe at some point those fees would be refunded to him? Mr. Poole replied he was not sure what would happen to the fees but he would like a better understanding of what would happen with them.Ron Ruthven explained how sidewalk escrow works. Mr. Poole stated that while theywould prefer a waiver, they have no issues participating in escrow for the neighborhood sidewalks. Discussion occurred between Chairman Byerly, Ron Ruthven,andMr. Poole regarding procedure for paying into escrow and determining the amount that will be due. Commissioner Davis made a motion to deny the waiver request with the requirement to escrow as determined by the City Engineer in the amount of $3,325.44.Commissioner Phelps seconded. The motion to deny the waiver request with the requirement to escrow as determined by the City Engineer in the amount of $3,325.44 carried with the following vote: Aye: 4–Knox, Byerly, Davis, and Phelps 3bApproval of a minor plat for1.029 acres on Tracts 2K02, 2K01, and 2B01of Abstract1692of theJoseph WhiteSurvey, located at900, 904, and 908 Tinker Road, Case PC13-018 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding whether the applicant was proposing to cover this area in cement, not asphalt. Ron Ruthven replied correct. The applicant did not wish to come forward and speak. Commissioner Phelps made a motion to approve Case PC13- 018. Commissioner Knox seconded. The motion to approve Case PC13-018 carried with the following vote: City of Colleyville Page 2 Planning and Zoning Commission MinutesSeptember 23, 2013 Aye: 4–Knox, Byerly, Davis, and Phelps 4.PUBLIC HEARING AGENDA ITEMS 4aRequest for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for Lot 1R, Block 1, of the Wildwood Estates Addition located at5700 Pool Road, Case ZC13-010 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding the lots included in the request; had the applicant purchased 5600 & 5500 Pool Road and not 5486 Pool Road? Ron Ruthven replied correct. Commissioner Phelps also questioned staff regarding the demolition of the house that was on 5600 Pool Road. Ron Ruthven replied yes, the house has been demolished. The public hearing was opened at 7:18 p.m. Matt Watterson, on behalf of Compass Church, came forward and briefed the Commission. Dave Tony, Pastor at Compass Church, and Gerald Ward, Architect for the project, was also present. Commissioner Davis questioned Mr. Tony regarding the church’s plans for the two additional lots that were purchased to the south of 5700 Pool Road. Mr. Tony replied they currently do not have plans for the recently purchased lots. Commissioner Davis stated that he felt he could make a better decisionon a waiver to the fenceif he knewwhat was being proposed for the lots in question. Mr. Tony replied he could suggest putting wordage in the ordinance that says they shall construct a fence if they decide to sell those properties. Commissioner Davis questioned Mr. Watterson regarding the proposedmaterials to be used on the pavilion; would it be rock? Mr. Watterson replied, if required, they would use rock. Commissioner Davis questioned Mr. Watterson regarding the reason for not wanting to use masonry. Mr. Watterson replied they feel that it is a clash of styles to use masonry with their structure. Mr. Ward came forward and explained the thought process for making the decision to not use masonry. City of Colleyville Page 3 Planning and Zoning Commission MinutesSeptember 23, 2013 Discussion continued between the Commission and Mr. Watterson regarding the materials and the height of the pavilion. Commissioner Phelps stated he felt that adding masonry only six (6) foot up the columns would make them look spindly. Commissioner Knox stated he felt it was better to leave the structure as is. Commissioner Davis concurred. Commissioner Phelps questioned Mr. Tony regardingwould the church extend the buffer between the residential properties and their property if they decided to develop their newly acquired lots? Mr. Tony replied yes. There being no one else wishing to speak, thepublic hearing was closed at 7:34 p.m. Commissioner Knox questioned staff regarding was the required width for the trail on Pool Road ten (10) foot? Ron Ruthven replied correct. Discussion occurred amongst the Commission on how to word the motion. Mr. Wattersoncame forward to get clarification on how the sidewalk escrow would work. Chairman Byerly explained how escrow would work. Commissioner Phelps made a motion to approve Case ZC13- 010 with the following conditions: 1) The requirement that the support columns for the main pavilion be composed of masonry materials is hereby deleted 2) The deletion of the screening fence and landscape buffer requirement on the south property line of the subject property is approved until such time that the adjacent properties south of the subject property are developed as residential properties; wherein said requirement shall apply. Commissioner Davis seconded. The motion to approve Case ZC13-010 with the following conditions: 1) The requirement that the support columns for the main pavilion be composed of masonry materials is hereby deleted 2) The deletion of the screening fence and landscape buffer requirement on the south property line of the subject property is approved until such time that the adjacent properties south of the subject property are developed as residential properties; wherein said requirement shall apply City of Colleyville Page 4 Planning and Zoning Commission MinutesSeptember 23, 2013 carried with the following vote: Aye: 4–Knox, Byerly, Davis, and Phelps 5.ADJOURNMENT The meeting adjourned at 7:43 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on October 14, 2013 by a vote of______. City of Colleyville Page 5 Ü CityofSouthlake City of southlake City of southlake 7905 SubjectProperties 7903 7901 JEFFERSON CIR 7717 7811 7809 R-20 7904 7807 7902 7900 7805 7810 7803 202 104 7801 106 7801 200 VAN BUREN CT 7709 203 201 7707 105 7714 202 200 7624 204 104 106 7712 205 7709 202 201 107 105 203 200 7707 AG 1067705 104 203 201 7612 200 202 HARRISON LN 204 COLONIAL SQ 7702 206 7703 7612 105 7700 7607 2037701 207 7608 106 104205 7612 7606 7504 7605 7502 7604 7603 7602 7603 7503 7500 7600 7501 7603 7602 7601 PUD-R 204 7503 202 205 200 104 106 304 7504 7404 203 201 7600 WILLIAMSBURG CT 7409 107 7407 AG 105 7408 ADAMS CT 7408 7405 1017408 205 201 203 103 7404 7403 R-30 7404 7400 7400 7400 74017401 7404 7310 7309 7100 7308 7304 304 116 7307 7316 7303 73007300 7208 7302 7207 7300 7301 R-40 116 7209 7200 7204 7212 7207 7201 7204 7205 R-40 200 7202 486 7203 R-40 R-40 7112 7204 108 7200 7201 506508 512 406 7102 7103 204 304 104 7100 500 7101 600 7101 7624 7709 7707 7705 7612 7703 7612 7701 7612 7504 7502 7500 204 205 304 7504 7404 203 AtlasDrillSite 7409 7407 7408 7408 7405 7408 7403 7404 PLEASANT RUN RD. 15' B.L. 20' B.L. 74' N 0°03'30" E 126'167' 81' 176' N 0°02'54" E 135' N 0°02'54" E 185' 135' 154' 137' 135' 136' 137' 154' N 0°02'54" E 252' N 0°02'54" E 120' N 0°02'54" E 145' 20' B.L. 20' B.L. 15' B.L. 81'90'92' WILDFLOWER WAY170' 407' 96'97'97' 16'90'91' 20' B.L. 20' B.L. 97' 57' 90'90'39' 90'161' 90'90' 85' 20' B.L. 20' B.L. 90'38' 77'90'90' 401'PRAIRIE VIEW COURT 90'42' 75'90' 20' B.L. 20' B.L. MONTICELLO 50' 90'95' 96'96' 318' 100'510' S HERBERT CLAY HIBBINS Montclair Drive KAYS CT Precinct Line Road KAYS CT Precinct Line Road KAYS CT Precinct Line Road Notification List Owner NameOwner AddressSitus Address Owner CityOwner StateOwner Zip Victron Stores LpPO Box 2599Waxahachie Texas751687990 Precinct Line Rd Gulamhussain, Didar Etux Dola5815 Crescent LnColleyville Texas760345815 Crescent Ln Emerald Park H A Inc400 Country PlColleyville Texas760345802 CRESCENT LN L T Estates Hoa Inc215 W College StGrapevine Texas760515802 KAYS CT Anderson, Jared Etux Heather5800 Kays CtColleyville Texas760345800 Kays Ct Gandy, R Craig1117 W Ld Lockett RdColleyville Texas760341117 W L D Lockett Rd Herron, Mark D Etux Bliss A1500 Bluebonnet DrFort Worth Texas761111201 W L D LOCKETT RD Markham, Dian L Etal5000 Gadsden AveFort Worth Texas762448000 Precinct Line Rd Vora, Jay Etux Renu5808 Sterling DrColleyville Texas760345808 Sterling Dr Kuo, Man-Li Etvir L Fiorello5812 Sterling DrColleyville Texas760345812 Sterling Dr American Homes 4 Rent23815 Stuart Ranch Rd # 302Malibu California902655807 Crescent Ln Huynh, Tuan Q Etux Linh5811 Crescent LnColleyville Texas760345811 Crescent Ln Belford, Christopher Etx Karen1421 Shady Hollow CtKeller Texas762485700 Texas Tr Smith, Ted Etux Michele5704 Texas TrlColleyville Texas760345704 Texas Tr Adams, Kenneth J Etux Barbara5708 Texas TrlColleyville Texas760345708 Texas Tr Bear Valley Community Church7900 Precinct Line RdColleyville Texas760347900 Precinct Line Rd Callahan, Richard J5600 Texas TrlColleyville Texas760345600 Texas Tr Follis, Brad W Etux C Renee5608 Texas TrlColleyville Texas760345608 Texas Tr Cairns, Randy J Etux Rhonda E5521 Reatta PlColleyville Texas760345521 Reatta Pl Gallagher, William A Etux Leah5522 Texas TrlColleyville Texas760345522 Texas Tr Upton, Jarrod & Amanda5604 Texas TrlColleyville Texas760345604 Texas Tr May, Ronald A Etux Amy C May5612 Texas TrlColleyville Texas760345612 Texas Tr Livingston, J M Etux Marissa5513 Texas TrlColleyville Texas760345513 Texas Tr Herron, Mark Etux Bliss1500 Bluebonnet DrFort Worth Texas761111121 W L D Lockett Rd K & W Partnership5514 Texas TrlColleyville Texas760345514 Texas Tr Reatta Place Hmowners Assoc5506 Texas TrlColleyville Texas760345616 Texas Tr Freeman, Lou Ann5518 Texas TrlColleyville Texas760345518 Texas Tr Badders, Nolan5601 Texas TrlColleyville Texas760345601 Texas Tr McCure, James III Etux Krystal5605 Texas TrlColleyville Texas760345605 Texas Tr Tran, Ngoc Etux Lily5609 Texas TrlColleyville Texas760345609 Texas Tr Kim, Tae Woo Etux Hyo J K H5804 Sterling DrColleyville Texas760345804 Sterling Dr Palmer, Lee5613 Texas TrlColleyville Texas760345613 Texas Tr Emerald Park H A Inc400 Country PlColleyville Texas760345800 Sterling Dr Markham, Diana L Etal5000 Gadsden AveFort Worth Texas762441000 W L D Lockett Rd L T Estates Hoa Inc215 W College StGrapevine Texas760515803 KAYS CT A R A F Inc17290 Preston Rd Ste 114Dallas Texas752525801 Kays Ct Atlantic Oil & Gas Inc2220 Marsh Ln Ste 109Carrollton Texas750067970 Precinct Line Rd Grapevine-Colleyville ISD3051 Ira E. Woods AvenueGrapevineTexas76051Courtesy Notice Keller ISD350 Keller ParkwayKellerTexas76248Courtesy Notice Hurst Euless Bedford ISD1501 Central DriveBedford Texas76022Courtesy Notice Curtis Young, Applicant1130 N. Carroll Ave., Suite 200SouthlakeTexas76092Applicant Public hearing notices were mailed Friday, October 4, 2013 by Taci Wrisley KAYS CT Precinct Line Road Letter of Opposition Letter of Opposition Letter of Opposition Statement of Planning Objectives Heron Pond Colleyville, Texas October 7, 2013 Sage Group, Inc. Statement of Planning Objectives- Heron Pond is a proposed residential neighborhood to be developed by Hat Creek Development under the Planned Unit Development regulations for Residential development (PUD-R) in the City of Colleyville. The 15.43 acre property is located on the south side of LD Lockett Road, just east of Precinct Line Road.The property is currently shown on the Future Land Use Plan as Retail, but is zoned for Residential (R- 40) and is occupied by an equestrian facility, open space and agricultural areas. The surrounding area is fully developed. Across the street to the north is the existing Emerald Park neighborhood, to the west lies Community and Commercial Uses, containing the corner gasoline station/ convenience store/ package store, and the Bear Valley Community Church. To our south and east is the Reatta Place PUD-R Residential neighborhood. The subject tract is shown on the Future Land Use Plan as Retail,however we believe there would be a limited market for Retail Uses in this location, as there is no remaining frontage on Precinct Line Road, and that a better use for this property would be to begin a transition from the Commercial to the west, to the PUD-R Single Family Residential to the east with asuitable Single-Family Residential use. This proposal, which transitions between the Commercial Tracts to the west along Precinct Line Road with residential lots averaging over 8,400s.f. to the larger lots in Reatta Place, and over 22% Open Space, isconsistent with this and- we believe- the surrounding uses. The property generally slopes toward the drainage swale and lake that runs from the north to the south through the property. All of our street and lot drainage would be directed toward this area and would not affect any of the neighboring properties. We have commissioned a drainage study to illustrate the current conditions and make sure this development- as proposed- would meet the requirements of the ordinances regulating development and drainage. Statement of Planning Objectives Quality and compatibility with the adjacent residential, as well as the rest of Colleyville are essential, and we have designed this proposal with those goals in mind. The residencesplanned for Heron Pond will be very upscale, with selling prices estimated to range between $400,000 to over $600,000. The development will have as its focal point,and feature, a pond and landscaped perimeter. The main entry road has been located directly across from the Emerald Park Entry, but also to take advantage of the resulting entry view toward the landscaped central lake area. The internal road is planned to be agated private road with a Resident/ Visitor gate at the western entry, across from the existing gated entry into Emerald Park, designed to meet all the city standards for such an entry. The eastern entry will be resident-only,providing a second point of access. We on either side. In addition to some of the existing trees we will save within the open space areas, there will be a requirement of afront yard tree for every residential lot to be installed by the home builders,adjacent to the street right of way. A minimum of two treeswill also be installed in the rear yard of each lot backing to the neighboring lots in Reatta Place, at the eastern boundary, where existing trees do not already exist. To encourage pedestrian activity in the neighborhood, sidewalks will be built along the front of each lot, as well as ke.The indicated landscaped setback, along LD Lockett, will be preserved within an open space lot, to be owned and maintained by the Heron Pond Homeowners Association. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The design criteria of the homes will create high quality homes in keeping with both the immediate neighborhood and Colleyville as a whole. DevelopmentSchedule Heron Pond will be developed in a single phase with the development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately u Economic Development Information Heron Pond will have atotal of forty-nine (49) homes,each with an average estimated value upon completion of approximately $400,000 to over $600,000, resulting in an overall tax base of $24,500,000, based on a $500,000 estimated average. At the current tax rate of 2.694677%, the total taxes generated from the development are projected to be $654,000, with $ 91,250generated directly for the City. Statement of Planning Objectives Development Standards Permitted Land Use: Single Family Residential Detached Residential Lot Requirements and Setbacks: Residential lot requirements and setbacks shall comply with the following provisions. those lots adjacent to the far eastern property line. All other lots a.Minimum Lot Size 9,000 square feet b.Typical Lot Width 74 feet c.Minimum Lot Width 60 feet (inside corner lot) d.Minimum Lot Depth 120 feet e.Front Building Line 20 feet; or 15 feet for a front swing garage f.Side Building Line 5 feet g.Rear Building Line 25 feet h.Maximum Building Height 40 feet i.Maximum Lot Coverage 65% j.Minimum House Size 2,800 s.f. a.Average Lot Size 7,800 square feet b.Minimum Lot Size 7,000 square feet c.Typical Lot Size 60 feet d.Minimum Lot Width 47feet (inside corner lots) e.Minimum Lot Depth 120 feet f.Front Building Line 20 feet; or 15 feet for a front swing garage g.Side Building Line 5 feet, or 0/10 or 1/9 feet with a 10 foot minimum between buildings h.Rear Building Line 10 feet i.Maximum Building Height 40 feet j.Maximum Lot Coverage 65% k.Minimum House Size 2,500 s.f. Exterior Materials: 80% Masonry; all siding shall be of a cementitious material. Roof Materials: Minimum 240 lb. dimensional shingle. Minimum Roof Pitch: Minimum of a 10:12 roof pitch. Garage Standard: Minimum of a two car garage, with enhanced decorative doors. Fencing: Lockett frontage, and adjacent to each entry. Statement of Planning Objectives Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lot boundaries along Common Open Space areas shall be open style fencing of Decorative Metal, and/or Masonry. Where lots back to existing the existing residential lots in Reatta metal poles.Where open space lots border adjacent properties, either the existing fence will be maintained, or a Decorative Metal or Wooden fence will be installed, as per the Fencing Plan. Streetscape Standards: Minimum of one (1) three- yard, and two (2es per each rear yard of lots backing to the eastern boundary (credit toward this requirement for preserving existing trees will be given). Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. Front Yard Maintenance: The open space lots within the subdivision shall be maintained in a consistent, uniform manner by the Heron Pond Homeowners Association through dues collected from the individual homeowners. Membership Association will be mandatory. Street Design Standards: Right of Way: Forty feet (4 Travel Lane Width: Thirty- Turning Radii: Twenty feet (20 Open Space Standards: The Common Open Space shall be either left natural (where disturbance and irrigation may harm existing trees) or fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall be owned and operated by the Heron Pond Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: Amonument sign identifying the subdivision shall be built at the entries from LD Lockett and/or incorporated into the masonry wall adjacent to that entry. All street and stop signs, and light standards shall decorative. ORDINANCE O-13-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 15.4 ACRES ON LOT 1, BLOCK 1 OF THE BREEZY LAKE ESTATES, LOTS 1A AND 1B, BLOCK 1 OF THE MEADOWLAKE ADDITION, TRACT 2B, MCNARY ACRES ADDITION AND A PORTION OF LOT 1, BLOCK 1 OF THE BEAR VALLEY COMMUNITY CHURCH ADDITION LOCATED AT 1117, 1121 AND 1217 WEST L. D. LOCKETT ROAD AND 7900 PRECINCT LINE ROAD FROM THE R-40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for arezoning under Case No. ZC13-014; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate theadequate 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 Ordinance O-13-XXXX Page 2of 7 WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication andotherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 15.4acres on Lot 1, Block 1 of the Breezy Lake Estates, Lots 1A and 1B, Block 1 of the Meadowlake Addition, Tract 2B, McNary Acres Addition and a portion of Lot 1, Block 1 of the Bear Valley Community Church Addition located at 1117, 1121 and 1217 West L.D. Locket Road and 7900 Precinct Line Road from the R-40-Single Family Residential zoning district to the PUD-R-Planned Unit Development Residentialzoning district, as depicted in the attached Exhibit “A”and aslegally described in Exhibit “B”. Sec. 3.THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for a single-family residential development of 49detached dwelling units, constructed at a gross maximum density of 3.2dwelling units per acre. b. This development shall be generally consistent with the Ordinance O-13-XXXX Page 3of 7 Statement of Planning Objectives,attached as Exhibit “C”. c.The subject propertyis subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING a.The development shall be generally consistent with Exhibit “D”,Conceptual Site Plan,which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit “D” to accommodate topographic, drainage or other conditions. b.The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved in one or more phases, in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a.Single-family residences, detached b.Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: Planning Area A a.Minimum Lot Size: 9,000 square feet b.Minimum Lot Depth: 120 feet c.Minimum Lot Width: 60 feet d.Front Building Line:15 feetfor aswing garage; 20 feetfor a frontfacing garage e.Side Building Line: 5 feet Ordinance O-13-XXXX Page 4of 7 f.Rear Building Line: 25feet g.Maximum Lot Coverage: 65percent h.Minimum House Size: 2,800 feet Planning Area B a.Minimum Lot Size: 7,000 square feet b.Minimum Lot Depth: 120 feet c.Minimum Lot Width: 47 feet d.Front Building Line:15 feet for a swing garage; 20 feetfor a front facing garage e.Side Building Line: 0, 5, 9 or 10 feet with a minimum of 10 feet between primary structures f.Rear Building Line: 10 feet g.Maximum Lot Coverage: 65 percent h.Minimum House Size: 2,500 feet 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development. a.Roofing Standards: Minimum roof pitch: 10:12. Roofing Materials: Minimum 240 lb. dimensional shingle. b.Garage Standard: Aminimum two car garage shall be constructed with architecturally enhanced doors. c.Masonry: The exterior wall of allhomes shall be composed of 80percentmasonry materials with a requirement that all siding shall be of a cementitous material. Ordinance O-13-XXXX Page 5of 7 6. OPEN SPACE a.This development shall provide a minimum of 22percent common open space, as shown on Exhibit “D”, which shall be for the leisure and recreational use of the development’s residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. 7. PRIVATE STREETS AND SIDEWALKS a.Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. A minimumfoot wide trail shall be constructed within the open space area around and along the interior pond. b.All streetsin this development shall be private. Right-of- way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 40 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb.A five foot utility easement shall be located along both sides of all internal streets. c.All gates shall meet the minimum requirements of Chapter 14-Engineering Design Standardsin the Land Development Code. 8. , FENCES SCREENING AND LANDSCAPING a.Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lot boundaries along Common Open Space areas shall be open style fencing of Decorative Metal, and/or Masonry. b.All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. c.Where lots back to the existing residential lots in the Reatta Place development, the developer shall construct a new 8’ Ordinance O-13-XXXX Page 6of 7 Cedar Fence on metal poles. Said fence shall be constructed prior to the final acceptance of public improvements. d.All lots shallcontain a minimum of one(1) three-inch (3”) caliper treein the front yardadjacent to thestreet right-of- way.Each lot shall be fully landscaped with an approved irrigation system in thefront and rear yard prior to the final inspection. e.A minimum of two (2) three-inch (3") caliper treesshall be plantedin each rear yard where trees do not exist for all lots that back to the eastern boundary of the development prior to the final inspection. Sec. 5.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance O-13-XXXX Page 7of 7 AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 5day of November2013. th The second reading and public hearing being conducted on the 19day of November2013. 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A Location and Zoning Map Exhibit B Legal Description Exhibit C - Statement of Planning Objectives Exhibit C –Statement of Planning Objectives (Continued) Exhibit C –Statement of Planning Objectives (Continued) Exhibit C –Statement of Planning Objectives (Continued) Exhibit D -Conceptual Site Plan Planning Area B Planning Area A