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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/11/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, November 11, 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 Davis PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES October 28, 2013 2. APPOINTMENT TO THE PARKLAND DEDICATION COMMITTEE Current Committee Member Places to Fill Includes: David Dudziak Larry Knox 3. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 1 Planning and Zoning Commission AgendaNovember 11, 2013 4. REGULAR AGENDA ITEMS 4a Consideration of a waiver request to the sidewalk requirements on Lot 16, Block 3, of theFairwayAddition located at6809 Curtis Road, Case GC13-020 5. PUBLIC HEARING AGENDA ITEMS 5a Request for a Special Use Permit for a carport on Lot 14, Block 7, of the Oak Crest Hill Addition located at 313 Oak Crest Hill Drive, Case ZC13-016 5b Request for areplaton 7.99 acres located on Lots 3 and 4, Block 1 and Lots 1-6, Block 2, of the Southgate Addition and 10.44 acres in the Allen Christian Survey and in the L.L. McLain Survey located between 3916 Wayne Drive and 3707 Bedford Court, Case PC13-017 5c Consideration for a zoning change from AG-Agricultural to PUD-R- Planned Unit Development Residential on 4.4 acres located in the Jesse Doss Survey at the Northwest corner of Cheek-Sparger Road and Heritage Avenue;and approval of anamendment to the PUD-R- Planned Unit Development Residential zoning and development requirements on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case ZC13-017 6. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards November 8, 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 governin 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 hou 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, October 28, 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 October 28, 2013 at 7:10p.m. Roll Call Present: CommissionersLarry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Taci Wrisley, Dale Crown, Dan Hartman, Rob McKeown, and Matt Butler (City Attorney) 1.APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the minutes as amended. Commissioner Davis seconded. The motion to approve the minutes as amended carried by the following vote: Aye: 7–Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. SWEARING IN OF NEWLY APPOINTED MEMBER Taci Wrisley swore in newly appointed member Don Davis, Place 6 4.REGULAR AGENDA ITEMS 4aConsideration of a waiver request to the sidewalk requirements on Lot 7, Block 1, of theRedusAddition located at4509 Bowman Drive, Case GC13-019 Ron Ruthven presented the case and briefed the Commission. City of Colleyville Page 1 Planning and Zoning Commission MinutesOctober 28, 2013 Chairman Byerly questioned staff regarding whether there was enough room between the trees and the edge of the pavement to build a sidewalk and not harm any trees. Ron Ruthven replied the trunks of the trees would not be disturbed; however, their root systems would be jeopardized. Commissioner Tornes questioned staff regarding the species of trees located in the proposed sidewalk location. Ron Ruthven replied he is not sure. Nick Smith, the applicant and the builder, came forward and briefed the Commission. Commissioner Davis made a motion to deny Case GC13-019 with the option to escrow. Commissioner Tornes seconded. The motion to deny Case GC13-019 with the option to escrow carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4bApproval of afinal plat for 13.63 acres out ofthe Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case PC13-010 Ron Ruthven presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding whether therewere any homes in the flood plain. Ron Ruthven replied no. Clayton Redinger, the project engineer, came forward to address any questions or comments. Commissioner Wheelwright made a motion to approve Case PC13-010. Commissioner Gotcher seconded. The motion to approve Case PC13-010 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4cApproval of afinal plat for11.875 acres on Abstract 65 of the H.L. Allen Survey and Abstract 798 of the J.Harrell Survey, located at6816 Murphy Road, Case PC13-023 City of Colleyville Page 2 Planning and Zoning Commission MinutesOctober 28, 2013 Ron Ruthven presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding the location of the proposed eight (8) foot trail. Ron Ruthven explained the proposed trail would run along the North side of Murphy Road and connect to Riverpath in the Whittier Height Subdivision or just North of Riverpath. Commissioner Tornes further questioned regarding whether any of the trail was constructed today. Ron Ruthven replied yes, however, it does stop just short of the proposed new phase. Joe Papagolis, the developer, came forward and briefed the Commission. Commissioner Knox made a motion to approve Case PC13-023. Commissioner Tornes seconded. The motion to approve Case PC13-023 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5.PUBLIC HEARING AGENDA ITEMS 5aRequest for a zoning change from R-40 Single Family Residential to R-20 Single Family Residential on2.547 acres ofLot B1A, A1B, B3 and B2 Block 4,of theW. C.Newton Subdivision, located at708 W. L. D. Lockett Road, Case ZC13-015 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding whether the existing parcels could be developed based on their current zoning of R-40- Single Family Residential. Ron Ruthven replied no because they would not be able to meet the setback requirements for this zoning. Commissioner Tornes questioned staff regarding whether the properties to the North and the East were currently zoned R-20-Single Family Residential. Ron Ruthven replied correct. The public hearing was opened at 7:35 p.m. Peter Slover, the applicantand developer, and Bryan Holland, also a developer,came forward and briefed the Commission. Commissioner Wheelwright questioned Mr. Slover and Mr. Holland City of Colleyville Page 3 Planning and Zoning Commission MinutesOctober 28, 2013 regarding their knowledge of the drainage issues surrounding this property and how they would handle the issues. Mr. Holland replied they are aware ofthe drainage issues. Mr. Holland further explained that in conjunction with their other development to the East;they would address all drainage issuesrelated to this property by constructing an underground drainage system. Commissioner Tornes questioned Mr. Holland regarding whether they had met with city staff to reviewtheir drainage system proposal and is city staff okay with their proposal?Mr. Holland repliedyes they met with city staff last week and because this only a zoning case they are onlyin the design phase of their plan. He further explained that city staff were on board with their plan. Commissioner Phelps questioned Mr. Holland regarding whether they had considered developing the property as two (2) lots versus four (4) lots. Mr. Holland replied no. He further explained that he felt the development would look less appealing. Commissioner Davis stated he did not believe that Commissioner Phelps was asking the question with the view of a homeowner, but as the City, overall. He further explained the proposed plan would not meet the Master Plan of the Citybecause they were not proposing estate size lots or ‘grand entrances’. Discussion continued between the Commission and Mr. Holland regarding their proposalnotmeeting the Master Plan. Commissioner Wheelwright questioned Mr. Holland regarding their previously heard case on Country Way and what was the outcome of that case? Mr. Holland replied after the Planning and Zoning Commission denied their case, they appealed to the City Council and were approved. Commissioner Wheelwright questioned Mr. Holland regarding whether this development would be a continuation oftheir Country Way development. Mr. Holland replied no. Commissioner Tornes questioned Mr. Holland regarding whether it was too soon to discuss their entry way. Mr. Holland replied they had anticipated doing some type of brick wall with the required five (5) sidewalks in front. He further explained they were not anticipating doing a water feature. There being no one else wishing to speak, the public hearing was City of Colleyville Page 4 Planning and Zoning Commission MinutesOctober 28, 2013 closed at 7:47 p.m. Commissioner Phelps stated he was in between on this case. He further explained this development matched the surrounding zoning but he understood why the development was being questioned. Chairman Byerly stated the proposed development was not what the citizens of Colleyville are looking for – they want the rural look and feel. Commissioner Tornes stated that because the surrounding zoning on the North side of L. D. Lockett Road was all R-20-Single Family Residential, R-40-Single Family Residential seemed out of place. Commissioner Wheelwright echoed Chairman Byerly’s thoughts and did not feel he could support the case. Commissioner Wheelwright made a motion to deny Case ZC13- 015. Commissioner Gotcher seconded. The motion to deny Case ZC13-015 carried with the following vote: Aye: 6 – Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly Nay: 1 - Tornes 6.ADJOURNMENT The meeting adjourned at 7:52 p.m. The minutes were writtenand prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on November 11, 2013 by a vote of______. City of Colleyville Page 5 HERBERT ROAD CURTIS ROAD PRECINCT LINE ROAD Site Pictures BR BRANSFORD ROAD Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Francis, Cheryl Ann308 Oak Crest Hill DrColleyville Texas76034308 Oak Crest Hill Dr Woodland Investment Trust 34400 State Highway 360Grapevine Texas76051303 Oak Crest Hill Dr Valle, Sergio404 Oak Crest Hill DrColleyville Texas76034404 Oak Crest Hill Dr Barnes, William D Etux Debra400 Oak Crest Hill DrColleyville Texas76034400 Oak Crest Hill Dr Burtin, Violet Marie312 Oak Crest Hill DrColleyville Texas76034312 Oak Crest Hill Dr Wright, Trenton & Sarah316 Oak Crest Hill DrColleyville Texas76034316 Oak Crest Hill Dr Grace, Michael P Etux Donna305 Oak Crest Hill DrColleyville Texas76034305 Oak Crest Hill Dr Presnall, Roger405 Oak Crest Hill DrColleyville Texas76034405 Oak Crest Hill Dr Gauer, James G Etux Frances309 Oak Crest Hill DrColleyville Texas76034309 Oak Crest Hill Dr Escarsega, Estevan & Anna M304 Oak Valley DrColleyville Texas76034304 Oak Valley Dr Mooney, Antionetta T404 Oak Valley DrColleyville Texas76034404 Oak Valley Dr Rushing, Gregory Dan400 Oak Valley DrColleyville Texas76034400 Oak Valley Dr Westerman, Thomas E Etux Berth308 Oak Valley DrColleyville Texas76034308 Oak Valley Dr Martin, Jerry Wayne316 Oak Valley DrColleyville Texas76034316 Oak Valley Dr Thompson, Donna V401 Oak Crest Hill DrColleyville Texas76034401 Oak Crest Hill Dr Keller ISD350 Keller ParkwayKellerTexas76248Courtesy Notice Hurst Euless Bedford ISD1501 Central DriveBedford Texas76022Courtesy Notice City of GrapevineP. O. Box 95140GrapevineTexas76099Courtesy Notice Lr Norman Limited Liability Co, Applicant313 Oak Crest Hill DrColleyville Texas76034Applicant Public hearing notices were mailed by Taci Wrisley Friday, November 1, 2013 BR BRANSFORD ROAD Statement of Planning Objectives Carport Dimensions 313 Oak Crest Hill Drive ORDINANCE O-13-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 14, BLOCK 7, OF THE OAK CREST HILLADDITION LOCATED AT 313 OAK CREST HILL DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT; 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, theCity of Colleyville has received an application for rezoning under Case No. ZC13-016; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable considerationto, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the Cityof Colleyville, and state law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-13-XXXX Page 2 of 4 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 theproperty 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 authorizing a Special UsePermit for the carport on Lot 14, Block 7, of the Oak Crest HillAddition, as depicted on the Location and Zoning Map, attached as Exhibit “A” and as shown on Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a.No more than one carport shall be permitted and the carport shall remain as shown on Exhibit “B.” b.The carport shall have dimensions of 20 feet by 20 feet (400 square feet). c.The carport shall not exceed 11 feet in height, and willhave a pitched roof of at least 2:12. d. The masonry columnrequirement is hereby waived and the support posts shall be treated wooden posts. Ordinance O-13-XXXX Page 3 of 4 e. The roofing material will be shingles to match the color scheme of the primary structure. f. In the event that the carport permitted under this ordinance r damaged to an extent of more than 50 is destroyed o percent of its replacementcost at the time of destruction, this Special Use Permit shall become null and void. g. The carport shall meet all regulations of the Land Development Code, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of TwoThousand Dollars ($2,000.00) for each offense. Sec. 6. THAT ifany 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 inaddition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. rd The first reading and public hearing being conducted on the 3day of December2013. th The second reading and public hearing being conducted on the 17day of December2013. Ordinance O-13-XXXX Page 4 of 4 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 Secretary Mayor APPROVED AS TO FORMAND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Carport Dimensions EXHIBIT “B” (CONTINUED) BEDFORD CT OM YDOBBS,ANDY10/29/20133:30PMLASTSAVED10/29/20133:29PMDWGNAME:K:\DAL_SURVEY\064455505-HERITAGEFARMS\TRANSFER-OUT\20131 Heritage Farms City/Developer Agreement Heritage Farms City/Developer Agreement Heritage Farms City/Developer Agreement Heritage Farms City/Developer Agreement SH 121 HERITAGE Heritage Avenue RO PRESTWICK DR CROSSGATE CIR E AU BOWDEN HILL LN E LEXINGTON PKWY EVERSHAM CT CHRISMAC WAY PEMBROOKE PKWY W STRATHMO OL SHERWOOD LN OVER GREEN OAKS DR SCARBOROUGH LN W WESTGR Notification List Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address 3798 Glade Investment LtdPO Box 1901Colleyville Texas760345064 Copperglen Cir Akers, Thomas R & Diane Akers4003 Bowden Hill Ln EColleyville Texas760344003 Bowden Hill Ln E Alexander, Scott Etux Becky3411 Langley Hill LnColleyville Texas760343411 Langley Hill Ln Amerson, Albert E III Etux Sta4206 Lexington PkwyColleyville Texas760344206 Lexington Pkwy Andrews, Lance Etux Mary4001 Bowden Hill Ln EColleyville Texas760344001 Bowden Hill Ln E Arms, John W3609 Amberley CtColleyville Texas760343609 Amberley Ct Barnard, William H Etux Colene3613 Wexford CtColleyville Texas760343613 Wexford Ct Barngrover, Carl A Etux4205 Lexington PkwyColleyville Texas760344205 Lexington Pkwy Baron, Doug Etux Sharon K3402 Cambridge CtColleyville Texas760343402 Cambridge Ct Barr, Terry Etux Theresa3612 Cotswold CtColleyville Texas760343612 Cotswold Ct Bostick, James D Etux Kristina3909 Bowden Hill Ln EColleyville Texas760343909 Bowden Hill Ln E Bradford, Richard H & Lavonne3209 Walker PlColleyville Texas760515005 Copperglen Cir Carlisle, Vinece Etvir Thomas4306 Chrismac WayColleyville Texas760344306 Chrismac Way Chiles, Stephen Etux L Gregory4202 Lexington PkwyColleyville Texas760344202 Lexington Pkwy Clegg, Francis L Etux Doris M3403 Cambridge CtColleyville Texas760343403 Cambridge Ct Cohen, Andrew R Etux Miriam A3503 Pembrooke Pkwy SColleyville Texas760343503 Pembrooke Pkwy S Colleyville Assoc Heritage Oak545 E John Carpenter Fwy #1500Irving Texas750625030 Heritage Oaks Dr Copperglen Hoa IncPO Box 1901Colleyville Texas760345001 Copperglen Cir Crump, Edward J Etux Kay M3404 Pembrooke Pkwy SColleyville Texas760343404 Pembrooke Pkwy S Dana, Farid3501 Pembrooke Pkwy SColleyville Texas760343501 Pembrooke Pkwy S Danner, Delyle Je Etux Rebecca4005 Bowden Hill Ln EColleyville Texas760344005 Bowden Hill Ln E Ducic, Kimberly A5065 Copperglen CirColleyville Texas760345065 Copperglen Cir Eldridge, Dean4102 Lexington PkwyColleyville Texas760344102 Lexington Pkwy Frost, Howard M Etux Rena5009 Copperglen CirColleyville Texas760345009 Copperglen Cir Gauntt, Janice A4105 Lexington PkwyColleyville Texas760344105 Lexington Pkwy Gavalak, K A Etux Gladys M4203 Lexington PkwyColleyville Texas760344203 Lexington Pkwy Godbey, Neil A9249 Dickson RdFort Worth Texas761793612 Wexford Ct Greenway Glade Partners Lp2808 Fairmount St Ste 100Dallas Texas752013900 Glade Rd Harrington, R G & D Smith Exec4000 Heritage AveColleyville Texas760342800 Heritage Ave Hartnett, Stephen P Est1301 Municipal Way Ste 250Grapevine Texas760514500 Winewood Ct Head, Rodney Etux Gina M3613 Winewood PlColleyville Texas760343613 Winewood Pl Hohertz, Michael Etux Marie3411 Bowden Hill Ln NColleyville Texas760343411 Bowden Hill Ln N Huber, Emery C Etux Anastasia3501 Cambridge CtColleyville Texas760343501 Cambridge Ct Jackson, Paul K Etux Kristine4204 Lexington PkwyColleyville Texas760344204 Lexington Pkwy Judkins, Stephen Etux Marie R4305 Lexington PkwyColleyville Texas760344305 Lexington Pkwy Kenzie, Natalie A Etvir John W4207 Lexington PkwyColleyville Texas760344207 Lexington Pkwy Lappo, Cynthia L3903 Bowden Hill Ln EColleyville Texas760343903 Bowden Hill Ln E Lenamon, Pamela Ann4318 Pembrooke Pkwy NColleyville Texas760344318 Pembrooke Pkwy N Li, Haochuan Etux Mei Han4313 Pembrooke Pkwy NColleyville Texas760344313 Pembrooke Pkwy N Lincoln, Kathleen K4101 Lexington PkwyColleyville Texas760344101 Lexington Pkwy Malone, Susan Fran4605 Winewood CtColleyville Texas760344609 Winewood Ct Malone, Susan Gentry4605 Winewood CtColleyville Texas760344605 Winewood Ct McCluney, C & Amos McCluney4200 Lexington PkwyColleyville Texas760344200 Lexington Pkwy McKinney, James E Etux Deanna4303 Lexington PkwyColleyville Texas760344303 Lexington Pkwy Miller, Debra5028 Heritage Oaks DrColleyville Texas760345028 Heritage Oaks Dr Miller, Michael B Etux Shannon3609 Wexford CtColleyville Texas760343609 Wexford Ct Otto, Clement W Etux Mary P3412 Middleton WayColleyville Texas760343412 Middleton Way Pitts, Wallace J Etux Shari G3612 Amberley CtColleyville Texas760343612 Amberley Ct Raley Railroad Llc3500 Cambridge CtColleyville Texas760343500 Cambridge Ct Ramsey, Robert Ray4100 Lexington PkwyColleyville Texas760344100 Lexington Pkwy Rkpkem Llc2030 Glade Rd Ste 204Grapevine Texas760513809 Glade Rd Routen, Rodney C Etux Patricia3609 Cotswold CtColleyville Texas760343609 Cotswold Ct Saint Mary's Romanian Orth Ch3801 Glade RdColleyville Texas760343801 Glade Rd Scheu, Dennis J Etux Cathy3608 Winewood PlColleyville Texas760343608 Winewood Pl Schide, James Etux SharonPO Box 697Colleyville Texas760344201 Lexington Pkwy Scott, Larry P & Laurie A Llc1915 Yorkshire CtLincoln Nebraska685063830 Glade Rd Shuttle Consulting Limited3612 Winewood PlColleyville Texas760343612 Winewood Pl Silverman, Donald Etux JoyPO Box 610735Dallas Texas752613411 Middleton Way Sohn, Taesik Etux Kyu Nam Sohn3608 Amberley CtColleyville Texas760343608 Amberley Ct Stovall, Scott Etux Christi P3905 Bowden Hill Ln EColleyville Texas760343905 Bowden Hill Ln E Stumpf, John Etux Denise3609 Winewood PlColleyville Texas760343609 Winewood Pl Sublett, Chas L Etux Delores C3608 Wexford CtColleyville Texas760343608 Wexford Ct Taylor, Jana Akers3608 Cotswold CtColleyville Texas760343608 Cotswold Ct Taylor, Mary Etvir Kenneth Ray4307 Lexington PkwyColleyville Texas760344307 Lexington Pkwy Notification List Terra Manna Creekside Llc395 State Hwy 114 Ste 300Southlake Texas760923805 GLADE RD Theiss, Edward Etux Patricia4103 Lexington PkwyColleyville Texas760344103 Lexington Pkwy Torbatian, Ebrahim Etux J1305 Chesapeake DrPlano Texas750934301 Lexington Pkwy Tran, Tam Thi3613 Amberley CtColleyville Texas760343613 Amberley Ct Vaughan, Robert & Jane R315 Oak Shadow CirBedford Texas760214007 Bowden Hill Ln E Von Storch, Kenneth Etux Debra5005 Overhill DrColleyville Texas760344009 Bowden Hill Ln E Votaw, Robert B & Inkyung Song5032 Heritage Oaks DrColleyville Texas760345032 Heritage Oaks Dr Watson, Richard A & Stephanie3410 Bowden Hill Ln NColleyville Texas760343410 Bowden Hill Ln N Witt, Robert A Etux Laurie E4601 Winewood CtColleyville Texas760344601 Winewood Ct Woehrle, Sandra3907 Bowden Hill Ln EColleyville Texas760343907 Bowden Hill Ln E Wood, Jerry W Est & Maurine5520 Davis BlvdNorth Richland Hills Texas761803613 Cotswold Ct Wright, David R Etux Selda3407 Pembrooke Pkwy SColleyville Texas760343407 Pembrooke Pkwy S Yu, Chiao-Chin Mark Etux Yuen3901 Bowden Hill Ln EColleyville Texas760343901 Bowden Hill Ln E Ziegler, David C Etux Blanche3410 Langley Hill LnColleyville Texas760343410 Langley Hill Ln WOODLAND HILLS HOA4100 OXFORD COURTCOLLEYVILLETexas76034Courtesy Notice CITY OF BEDFORD2000 FOREST RIDGE BEDFORDTexas76021Courtesy Notice CITY OF EULESS 201 N. ECTOR DRIVEEULESS Texas76039Courtesy Notice Keller ISD350 Keller ParkwayKellerTexas76248Courtesy Notice Grapevine-Colleyville ISD3051 Ira E. Woods AvenueGrapevineTexas76051Courtesy Notice City of GrapevineP. O. Box 95140GrapevineTexas76099Courtesy Notice Hurst Euless Bedford ISD1501 Central DriveBedford Texas76022Courtesy Notice PRESTWICK PARK HOA4912 PRESTWICK DRIVECOLLEYVILLE Texas76034Courtesy Notice Terra-Manna, LLC395 W. State Hwy. 114SouthlakeTexas76092Applicant Public hearing notices were mailed Fri. Nov. 1, 2013 by Taci Wrisley SH 121 HERITAGE RO PRESTWICK DR CROSSGATE CIR E AU BOWDEN HILL LN E LEXINGTON PKWY EVERSHAM CT CHRISMAC WAY PEMBROOKE PKWY W STRATHMO OLD SHERWOOD LN OVER GREEN OAKS DR SCARBOROUGH LN W WESTGR SHADYCREEK LN ALLENDALE ST WILDWOOD CT RDJACKSON Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Original 2007 Conceptual Site Plan Preliminary Traffic Impact Analysis - Carter & Burgess Preliminary Traffic Impact Analysis - Carter & Burgess Preliminary Traffic Impact Analysis - Carter & Burgess Preliminary Traffic Impact Analysis - Carter & Burgess Traffic Impact Analysis - Freese and Nichols Traffic Impact Analysis - Freese and Nichols Traffic Impact Analysis - Freese and Nichols Traffic Impact Analysis - Freese and Nichols Traffic Impact Analysis - Freese and Nichols ORDINANCE O-13-xxxx AN ORDINANCE AMENDING ORDINANCE O-07-1645 AND ORDINANCE O-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUEFROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIALDISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council approved Ordinance O-07-1645on November 27, 2007, to establish the zoning of 108.5acresout of the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734under case Z-07- 008; and WHEREAS,the CityCouncil approved Ordinance O-13-1866 on March 5, 2013,amending Ordinance O-07-1645 conditions and approving a detailed site plan for phase one of the development under case ZC12-031; and WHEREAS,the applicant has requested an amendment to Ordinance O-07- 1645 and Ordinance O-13-1866and requests to rezone4.4 acres located in the Jesse Doss Survey at the Northwest corner of Cheek-Sparger Road and Heritage Avenue, acquired from the City of Euless in a boundary adjustment approved under Ordinance O-12-1828,so as to incorporate the property into the PUD authorized by Ordinance O-07-1645underCase Z-07- 008 and approve a detailed site plan for phase two of the development; 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 Ordinance O-13-xxxx Page 2 of 5 WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, 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 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 asif copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O-07-1645 and Ordinance O-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinanceof the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 4.4 acres located in the Jesse Doss Survey at the Northwest corner of Cheek-Sparger Road and Ordinance O-13-xxxx Page 3 of 5 Heritage Avenuefromthe AG-AgriculturalDistrict to the PUD-R- Planned Unit Development ResidentialDistrict, as depicted in the attached Exhibit “A” and described in Exhibit “B”. THAT the Official Zoning Map of the City of Colleyville be Sec. 4. amended to incorporate the zoning change approved herein. Sec. 5. THATthe above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit “C” shall be deemed to satisfy the site plan requirements of Ordinance O-07-1645 Section 4(2)a and Ordinance O-13-1866 Section 5(1)b. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase two final plat shall be consistent with Exhibit “C”. 2. GENERAL AMENDMENTS a.Section 5(2)e of Ordinance O-13-1866 is hereby deleted. b.The developer shall enter into a City/Developer Agreement with the City of Colleyville for required improvements to Heritage Avenue, as well as any other pertinent public infrastructure improvements, in conjunctionwith this development. Said agreement shall be approved and executed prior to the filing of the final plat for phase two of the development. Sec. 6. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 7. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance O-13-xxxx Page 4 of 5 THAT if any section, paragraph, subdivision, clause, phrase or Sec. 8. provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this any portion thereof other than that ordinance as a whole or portion so decided to be invalid or unconstitutional. Sec. 9. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 11.THAT Ordinance O-07-1645 and Ordinance O-13-1866shall remain in full force and effect, except where amendedby this ordinance. AND IT IS SO ORDERED. rd The first reading and public hearing being conducted on the 3day of December2013. th The second reading and public hearing being conducted on the 17day of December2013. 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 Secretary Mayor Ordinance O-13-xxxx Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” –Locationand ZoningMap Exhibit “B” – Legal Description of Property Zoned from AG-Agricultural to PUD-R-Planned Unit Development Residential Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract described in the deed to Sparger Family limited Partnership as recorded inVolume 16472, Page 390 of Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rod found for the southwest corner of said Sparger tract bears North 69°11'27" West at 207.68 feet; THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left; THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of HeritageAvenue, continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42°29'27" East at1162.08 feet to a 5/8 inch iron rod found for the end of said curve, same being the merging of the east right-of- way line of WoodparkLane; THENCE South 01°02'49"East with said east right-of-way line of Woodpark Lane, 750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records; THENCE South 89°57'50" East with the south line of said Hoel tract, approximately 38.00 feet to the northwest corner of the tract described to Cheek-Sparger Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records; THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right; THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South 71°31'54" East at 231.54 feet; THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of Bedford and south City Limit line of the City of Colleyville; THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the place of beginning and containing 4.438 acres of land, more or less. Exhibit “C” DetailedSite Plan – Page 1 Exhibit “C” DetailedSite Plan – Page 2