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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-2/24/2014 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, February 10, 2014 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Vice-Chairman Knox on January 27, 2014 at 7:06 p.m. Roll Call Present: Commissioners Carel Tornes, Jim Gotcher, Don Davis, David Phelps and Vice-Chairman Larry Knox Absent: Commissioner David Wheelwright and Chairman Byerly Staff Present: Ron Ruthven, Mary Elliott, Taci Wrisley, Rob McKeown, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the minutes as written. Commissioner Tornes seconded. The motion to approve the minutes as written carried by the following vote: Aye: 5 Tornes, Gotcher, Davis, Phelps, and Knox 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. REGULAR AGENDA ITEMS 3a Request for a sidewalk waiver for Lot 1, Block 1, of the Braums Addition, located at 4500 Colleyville Boulevard, Case GC14-002 Mary Elliott presented the case and briefed the Commission. City of Colleyville Page 1 Planning and Zoning Commission Minutes February 10, 2014 briefed the Commission. Commissioner Gotcher questioned Mr. Pulis regarding whether ther had been any issues with pedestrians walking down Mill Valley Drive and trying to cross State Highway 26 to access the restaurant. Pulis replied not that he was aware of. Commissioner Phelps questioned Mr. Pulis regarding whether the proposed remodel would be contained within the existing footprinf the building. Mr. Pulis replied yes. Commissioner Phelps questioned Mr. Pulis regarding whether he wa aware of any contact with the Texas Department of Transportation they have not been contacted regarding this matter by anyone. Commissioner Phelps questioned Mr. Pulis regarding whether he would have any objections to being required to construct the Mil Valley Drive sidewalk. Mr. Pulis replied he did not believe the be any objections to building the sidewalk along Mill Valley Drive, however, he believes there are some elevation issues in that loc Mr. Pulis further stated they would comply with any requirements Commission approved. Commissioner Gotcher questioned Mr. Pulis regarding whether he was in agreement with the interpretation that the remodel was valued more than 50 percent of the property value, thus making the side a requirement. Mr. Pulis replied he agrees with the interpretat Commissioner Phelps made a motion to deny the waiver for the sidewalk located along Mill Valley Drive and to allow escrow for the sidewalk along State Highway 26 for Case GC14-002. Commissioner Gotcher seconded. Discussion occurred amongst the Commission regarding a motion and which portions of a sidewalk should be constructed. The motion to deny the waiver for the sidewalk located along Mill Valley Drive and to allow escrow for the sidewalk along State Highway 26 for Case GC14-002 failed by the following vote: Aye: 2 Gotcher and Phelps Nay: 3 Tornes, Davis, and Knox City of Colleyville Page 2 Planning and Zoning Commission Minutes February 10, 2014 Commissioner Tornes made a motion to deny Case GC14-002 with the condition that escrow be paid in lieu of construction. Commissioner Davis seconded. The motion to deny Case GC14-002 with the condition that escrow be paid in lieu of construction carried by the following vote: Aye: 4 Tornes, Gotcher, Davis, and Knox Nay: 1 - Phelps 3b Request for a preliminary plat on 97 acres of Abstract 441 of the Jesse Doss Survey, Abstract 685 of the John H. Havens Survey, and Abstract 1734 of the S. C. H. Witten Survey, located in the 4900 block of Heritage Avenue, Case PC13-027 Ron Ruthven stated staff recommends this item be continued to the next scheduled Planning and Zoning Commission meeting on February 24, 2014 at the recommendation of the City Attorney. Commissioner Davis made a motion to continue Case PC13- 027 to the next Planning and Zoning Commission meeting on February 24, 2014. Commissioner Gotcher seconded. The motion to continue Case PC13-027 to the next Planning and Zoning Commission meeting on February 24, 2014 carried by the following vote: Aye: 5 Tornes, Gotcher, Davis, Phelps, and Knox 4. ADJOURNMENT The meeting adjourned at 7:21 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on February 24, 2014 by a vote of _______. City of Colleyville Page 3 MILAN CT RONNA CT VALENTINO CT PARK CT VOLTERRA CT CALDWELL HUGHES RD HARDAGE CIR WALLER LN Pleasant Run Road VALENTINO CT PARK CT VOLTERRA CT HARDAGE CIR WALLER LN HERITAGE OAKS DR POST OAK TRL ROBERTS RD PRESTWICK DR CROSSGATE CIR E AUBURNDALE AVE BOWDEN HILL LN E LEXINGTON PKWY EVERSHAM CT CHRISMAC WAY PEMBROOKE PKWY W STRATHMORE TER OLD OAK LN SHERWOOD LN OVERHILL DR GREEN OAKS DR SCARBOROUGH LN W WESTGROVE LN SHADYCREEK LN ALLENDALE ST WILDWOOD CT HERITAGE OAKS DR POST OAK TRL ROBERTS RD PRESTWICK DR CROSSGATE CIR E AUBURNDALE AVE BOWDEN HILL LN E LEXINGTON PKWY EVERSHAM CT CHRISMAC WAY PEMBROOKE PKWY W STRATHMORE TER OLD OAK LN SHERWOOD LN OVERHILL DR GREEN OAKS DR SCARBOROUGH LN W WESTGROVE LN SHADYCREEK LN ALLENDALE ST WILDWOOD CT HWY. 121 HERITAGE AVE. POOL RD. HWY. 121 HERITAGE AVE. POOL RD. ORDINANCE O-07-1645 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT 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 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-008; 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 and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the 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 Ordinance O-07-1645 Page 2 of 6 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 by reference 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 108.5 acres out 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 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit “A” labeled Location and Zoning Map and as described on Exhibit “B” labeled Legal Description. 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 PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.4 dwelling units per acre. b. Commercial lots shall be permitted along the frontage of Heritage Avenue. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where specifically amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit “C”, which shall not be considered a plat. Ordinance O-07-1645 Page 3 of 6 b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat 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. All commercial properties shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN- Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIALLOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning Area “A” refers to lots adjacent to western property line. Planning Area “A” a. Minimum Lot Size 9,000 square feet b. Minimum Lot Width 70 feet c. Minimum Lot Depth 120 feet d. Front Building Line 20 feet; or 15 feet for a front swing garage e. Side Building Line 5 feet f. Rear Building Line 30 feet g. Maximum Building Height 40 feet h. Maximum Lot Coverage 65% Planning Area “B” a. Average Lot Size 5,500 square feet b. Minimum Lot Size 5,000 square feet c. Minimum Lot Width 50 feet d. Minimum Lot Depth 105 feet e. Front Building Line 20 feet; or 15 feet for a front swing garage f. Side Building Line 0, 1 or 9 feet with a 10 foot minimum between buildings g. Rear Building Line 10 feet Ordinance O-07-1645 Page 4 of 6 h. Maximum Building Height 40 feet i. Maximum Lot Coverage 65% 5. OPEN SPACE a. A 10 foot wide landscape buffer shall be designated along the entire western property line. No structures may be constructed within the landscape buffer. The landscape buffer shall be incorporated in the rear lots of Planning Area “A”. b. Open space lots shall be maintained by the Homeowners Association. c. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements including a fireplace, fountains, lights and a dock and pier. These amenities shall be owned and maintained by a homeowners association. 6. PRIVATE SIDEWALKS AND STREETS a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed on-site along with all other public improvements as part of this development between Glade Road and Cheek Sparger Road. Such trail shall be consistent with the City’s then existing Master Trail Plan. 7. SCREENING a. An eight (8) foot masonry wall shall be built between any commercial and residential lots. b. An eight (8) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. c. Perimeter fencing along Heritage Avenue shall only be required immediately adjacent to lots, and not be required along where floodplain or open space is adjacent to Heritage Avenue. 8. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall adhere to the requirements of the Land Development Code. c. The portion of the development located south of Little Bear Creek shall have a minimum of two (2) points of public vehicular ingress and Ordinance O-07-1645 Page 5 of 6 egress from Cheek Sparger Road and/or Heritage Avenue. d. There shall be no direct access onto Glade Road from this development. e. There shall be no single family uses allowed adjacent to Heritage Avenue where there are, as of the passage of this ordinance, existing commercial uses directly across Heritage Avenue within the City of Euless. f. Retaining walls that are adjacent to residential lots shall be constructed with a stone facade. 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 specifically 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ______ day of _______________ 2007. The second reading and public hearing being conducted on the ______ day of _______________ 2007. Ordinance O-07-1645 Page 6 of 6 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” Location and Zoning Map PUDR CC2 RD AG PUDR SITES R30 R20 AG RD Exhibit "B" Legal Description CITY OF COLLEYVILLE ORDINANCE NO. O-12-1828 CITY OF EULESS ORDINANCE NO. _________ JOINT ORDINANCE AND BOUNDARY ADJUSTMENT AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § WHEREAS, the City of Colleyville, Texas is a home rule municipality located within Tarrant County; and WHEREAS, the City of Euless, Texas is a home rule municipality located within Tarrant County; and WHEREAS, pursuant to the authority granted in Section 43.031 of the Texas Local Government Code, as amended, adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width; and WHEREAS, Colleyville and Euless are adjacent; and WHEREAS,Exhibit A “Tract A”, as described and depicted in , which is attached hereto and incorporated herein by reference, is uninhabited and is less than 1,000 feet in width; and WHEREAS, Colleyville and Euless desire to identify mutually agreeable co boundaries between the two communities; and WHEREAS, Colleyville and Euless, in the true spirit of governmental cooperation, intend this Joint Ordinance and Boundary Adjustment Agreement to reflect sound growth management principles and interregional planning. NOW THEREFORE,BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE AND THE CITY COUNCIL OF THE CITY OF EULESS: SECTION 1. The findings set forth above are incorporated into the body of this ordinance and agreement as if fully set forth herein. SECTION 2. Pursuant to Section 43.031 of the Texas Local Government Code, Tract A, as described Exhibit A and depicted in , shall be released from the corporate boundaries of Euless and simultaneously incorporated into the corporate boundaries of Colleyville. SECTION 3. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this ordinance and agreement. The parties agree that exclusive venue shall lie in Tarrant County, Texas for any dispute arising out of this ordinance and agreement. Before a suit is filed by either party based on or pertaining to this ordinance and agreement, the parties agree that they will submit the dispute for mediation, pursuant to the procedure described in Section 154.023 of the Texas Civil Practice and Remedies Code, as amended. SECTION 4. The effective date of this ordinance and agreement shall be the last day this ordinance and agreement is approved by a party hereto as indicated on the signature blocks below. SECTION 5. Either party may file a certified copy of this ordinance and agreement in the real property records of Tarrant County, Texas. SECTION 6. It is expressly understood and agreed that, in the execution of this ordinance and agreement, no party waives, nor shall be deemed hereby to have w defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By approving this ordinance and agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this ordinance and agreement shall not create any rights in parties not signatories hereto. SECTION 7. This ordinance shall be cumulative of all provisions of ordinances of the cities of Colleyville, Texas, and Euless, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. It is hereby declared to be the intention of the City Council of the City of Colleyville and the City Council of the City of Euless that the phrases, clauses, sentences, paragraphs and sections of this ordinance and agreement are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance and agreement shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance and agreement, since the same would have been enacted by the City Council of the City of Colleyville and the City Council of the City of Euless without the incorporation in this ordinance and agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. Should this ordinance and agreement for any reason be ineffective as to any part of the area hereby incorporated into the City of Colleyville, such ineffectiveness of this ordinance and agreement as to any such part or parts of any such area shall not affect the effectiveness of this ordinance and agreement as to the remainder of such area. The C declares it to be its purpose to include as part of the City of Colleyville every part of the area described in Exhibit A of this ordinance and agreement, regardless of whether any part of such described area is hereby not effectively annexed into the City. Provided, further, that if there is included within the general description of territory set out in Exhibit A of this ordinance and agreement to be hereby annexed into the City of Colleyville any lands or area which are presently part of and included within the limits of the City of Colleyville, or which are presently part of and included within the limits of any other city other than the City of Euless, or which are not within the City of Colleyville’s jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed hereby as fully as if were expressly described herein. SECTION 10. The City of Euless and the City of Colleyville do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustments. SECTION 11. T his Joint Ordinance and Boundary Adjustment Agreement, upon adoption by both cities, shall be executed in duplicate originals by the Mayor of each City. APPROVED by the City Council of The City of Colleyville, Texas, at its meeting held on the ____ day of _____________, 2012. CITY OF COLLEYVILLE, TEXAS By: ____________________________________ David Kelly, Mayor ATTEST: By: Cynthia Singleton, City Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ Matthew C.G. Boyle, City Attorney PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the ___ day of ________________ 2012, by a vote of ___ ayes, ___ nays and ___ abstentions. CITY OF EULESS By: ____________________________________ Mary Lib Saleh, Mayor ATTEST: By: Kim Sutter, City Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ Wayne K. Olson, City Attorney EXHIBIT A “TRACT A” ] ORDINANCE O-13-1866 AN ORDINANCE AMENDINGORDINANCEO-07-1645CONDITIONS; 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 caseZ07- 0008; and WHEREAS,the applicant has requested an amendment to Ordinance O-07- 1645to further amendthe commercial zoning requirements at the southwest corner of Glade Road and Heritage Avenue; to amend the trail location requirements within the development; and to submit a detailed site plan for 14.75 acres of the development per the requirements of Section 4(2)a under Ordinance O-07-1645, underCase ZC12-031; 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 hasprepared 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 lightand 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 Ordinance O-13-1866 Page 2of 5 WHEREAS,the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and state law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in 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 amending Ordinance O-07-1645conditions. Sec. 3.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirementson 108.5 acresout 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 1734 as depicted on the attached Exhibit “A”. Sec. 4.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-13-1866 Page 3of 5 THAT the above described tract of land shall be subject to the Sec. 5. following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit “B” shall be deemed to satisfy the site plan requirements of Ordinance O-07-1645 Section 4(2)a.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 one final plat shall be consistent with Exhibit “B”. b.The remainder of the subject property within this PUD shall be required to submit a detailed site plan per Section 4(2)a of Ordinance O-07-1645 prior to the submission of a final plat. 2. GENERAL AMENDMENTS a.Sections4(8)“d” and “e” of Ordinance O-07-1645 arehereby deleted. b.The maximum building height in this development shall not exceed 35 feet. c.The ten (10) foot wide concrete trail shownas Trail 24on the 2005 City of Colleyville Pathways Plan map shallbe constructedby the developer along the west side of Heritage Avenuepriorto the acceptance of public improvements.Trail 24 must connect to all other trailsnoted on the 2005 Colleyville Pathways Plan. d.This development may be developed as a gated community with private streets in accordance with Chapter 10-Private Streetsand Gate Entrances of the Land Development Code. e.The developer shall improve Heritage Avenue where it is adjacent to the development to the current standards of the Land Development Code and the Master Thoroughfare Planat the time of development of the adjacent property. There shall be no option to escrow said construction costs as a perimeter street fee for future roadway improvements. Ordinance O-13-1866 Page 4of 5 THAT any person, firm or corporation violating any of the Sec. 6. provisions or terms of this ordinance shall besubject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or Sec. 7. 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 all provisions of Ordinance O-07-1645 and the Land Development Code shall remain in full force and effect, except where amended herein. 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 abovezoning 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 19day of February2013. th The second reading and public hearing being conducted on the 5day of March 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. Ordinance O-13-1866 Page 5of 5 ATTEST:CITY OF COLLEYVILLE Amy ShelleyDavid Kelly City SecretaryMayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”–Locationand ZoningMap Exhibit “B” DetailedSite Plan Planning Area A Planning Area B ORDINANCE O-13-1899 AN ORDINANCE AMENDING ORDINANCE O-07-1645 AND ORDINANCE O-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out 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 1734 under case Z-07- 008; and WHEREAS, the City Council 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-13-1866 and requests to rezone 4.4 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-07-1645 under Case 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-13-1899 Page 2 of 6 WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O-07-1645 and Ordinance O-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue from the AG-Agricultural District to the PUD-R- Ordinance O-13-1899 Page 3 of 6 Planned Unit Development Residential District, as depicted in the attached Exhibit “A” and described in Exhibit “B”. Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. 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 may enter into a City/Developer Agreement with the City of Colleyville for any required public improvements, in conjunction with this development. Said agreement, if submitted, shall be approved and executed prior to the filing of the final plat for phase two of the development. c. Prior to the issuance of a building permit for the 1.9 acre commercial tract shown at the southwest corner of the development on Exhibit C, the developer shall submit a detailed site plan which shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with Ordinance O-07-1645 and any subsequent amendments, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Ordinance O-13-1899 Page 4 of 6 d. Section 4(7)b of Ordinance O-07-1645 is hereby amended to read as follows: A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan and shall, otherwise, meet the requirements of the Land Development Code. e. Except as noted in subsection “d” above and Section 4(7)a and “c” in Ordinance O-07-1645, all fences shall be constructed per Exhibit D. f. Section 5(2)c of Ordinance O-13-1866 is hereby amended to read as follows: The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan with the following exceptions: The developer may escrow the cost of constructing the trail in lieu of actual construction only for the portion of the trail that traverses the Little Bear Creek floodplain. If the developer chooses to escrow said funds, the developer shall build a minimum four (4) foot wide sidewalk across Little Bear Creek that links the internal sidewalks in the portion of the development that is south of Little Bear Creek to the internal sidewalks in the portion of the development that is north of Little Bear Creek. Said sidewalk connection shall link to Trail 24 on both sides of Little Bear Creek within a public pedestrian access easement, which shall be dedicated on the final plat(s) for 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-13-1899 Page 5 of 6 Sec. 8. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 9. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 11. THAT Ordinance O-07-1645 and Ordinance O-13-1866 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. rd day of The first reading and public hearing being conducted on the 3 December 2013. th The second reading and public hearing being conducted on the 17 day of December 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor Ordinance O-13-1899 Page 6 of 6 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” –Location and Zoning Map 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 ofDeed Records, Tarrant County, Texas and being more particularly described asfollows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rodfound 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 curveto 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 Heritage Avenue, 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 at 1162.08 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 Woodpark Lane; 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 saidDeed Records; THENCE South 89°57'50" East with the south line of saidHoel 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 232.00feetand 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” Detailed Site Plan – Page 1 Exhibit “C” Detailed Site Plan – Page 2 Exhibit “D” Fencing Plan