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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/10/2003 AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 5400 Bransford Road Monday, November 10, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER ROLL CALL Chairman Jeff Wall Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES CITIZEN COMMENTS AGENDA ITEMS Commissioner Jones October 27, 2003 1. Case Z-03-025 - Zoning change from CC1 to CC2 with a Special Use Permit for Automobile Sales on Lot 1, Block 1, Tutan Addition, located at 5311 Colleyville Boulevard 2. Case Z-03-025 - Zoning change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwel1 School Road 3. Discussion of the Master Plan Update 4. Staff Comments, Reports and Discussion Items The following items were received on the last case submittal deadline: Z-03-027 - Zoning change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive Z-03-028 - Amendment to the PUD-C for the Village at Colleyville (0-03-1337.4) to allow a drive-through business on Lot 3, located at 23 Main Street P-03-033 - Minor Plat of Lot 1, Block 1, K.1.S.D. Addition, 13.37 acres located at the southeast corner of Precinct Line Road and McDonwell School Road Planning and Zoning Commission Agenda - November 10. 2003 Page 1 of 2 P-03-034 - Final Plat of Villas del Mar, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive P-03-035 - Amended Plat of Lots 51 and 52, Block 1, Riverwalk at Colleyville Addition, located at 5105-5109 San Gabriel Avenue P-03-036 - Replat of Lots 1 R1-1 R6, Block 1, Heritage High School Addition, 3.71 acres located at the northeast corner of Heritage Avenue and Gateway Drive 5. Commissioners' Comments and Reports ADJOURNMENT I. Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Friday, November 7, 2003 at4:30 p.m. Planning and Zoning Commission Agenda - November 10, 2003 Page 2 of 2 I: ccen$ lell"'" PLANNING AND ZONING COMMISSION MEETING MINUTES - October 27,2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioner Bud Sellers was absent. Clayton Husband, Chad Bartee, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Byerly APPROVAL OF MINUTES October 13, 2003 Commissioner Culley moved to approve the minutes of the October 13, 2003 meeting as corrected. Commissioner Kelly seconded the motion. The motion passed by unanimous acclamation. RECOGNITION OF OUTGOING MEMBERS There was none. SWEARING IN OF NEWLY APPOINTED MEMBERS There was none. ELECTION OF OFFICERS There was none. Clayton Husband made a statement regarding the status of the above three items. Mr. Husband explained that Mayor Hocutt vetoed City Council's latest appointments to the Planning and Zoning Commission and the current members will continue to serve their term until appointments are made. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-03-029 - Minor Plat of O'Brien Addition, 2.0 acres located at 2001 Renfro Drive Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Jones asked staff if there were any issues with the drainage on the property. Staff responded that a flood study is being done on the property to the north, Beldon Hollow, and the Chelsea Creek water shed. Staff said there is floodplain on this property and the finished floor elevations are indicated on the plat. Planning & Zoning Commission Minutes - October 13. 2003 Page 1 of 6 (Draft Copy - October 28, 2003) Commissioner Culley asked if the applicant is aware of the parkland dedication fee requirements and staff responded that they sent the applicant comments in writing. Commissioner Jones moved to approve the minor plat. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None 2. Case P-03-028 - Preliminary Plat of Villas of Colleyville, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive Clayton Husband presented the case to the Commission and reviewed the staff briefing. He said the commissioners will have an opportunity to review the final plat when the applicant submits it. Commissioner Jones asked if the problems with drainage that were mentioned at the zoning change public hearing have been resolved. Staff said the developer's engineer has addressed all the issues and his proposed plan will alleviate most problems. Commissioner Culley asked the developer's engineer to explain the purpose and function of the detention pond. David Vilbig, 10132 Monroe Drive, Dallas, said the area will be used as a detention basin and is only approximately 2 Y2 feet to 3 feet deep at the deepest part. He said during heavy rains the basin will fill and empty in approximately ninety minutes, and it will look like a low spot in the area and not be a pond. Commissioner Culley said there were issues raised by the mosque representative at the zoning meeting. Mr. Vilbig said that representatives have met with people from the mosque. Chairman Wall said the representative from the mosque wanted the green belt to be moved closer to their property. Mr. Vii big said if they decreased the width of the proposed green belt on the west side of the development, a beautiful pecan tree would have to be removed. He said the developer does not see a church located next to residential property as a problem. Commissioner Culley moved to approve the preliminary plat. Commissioner Byerly seconded the motion. Commissioner Culley said this is a great example of how a developer took the input from the neighbors and commissioners and came back with a good plan. Commissioner Jones said as the city goes toward build-out, there will become more properties that are difficult to develop and it will take more give and take by the developers and citizens to make it work. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - October 13, 2003 Page 2 of 6 (Draft Copy. October 28,2003) Chairman Wall requested that staff begin including the PUD ordinances that are approved by City Council when PUD property is before the commissioners to consider a plat. 3. P-03-024 - Minor Plat of Lots 10, 11 & 13, Oak Knoll North Addition, 10.943 acres located at the north end of Cedar Court Clayton Husband presented the case to the Commission and reviewed the staff briefing. He explained that the only outstanding item was the applicant is requesting that the front building line on Lot 12 be established at 25 feet. He said the applicant's engineer has submitted a drainage study to the City and the study has been reviewed by the Engineering Department. He said the applicant was given a grading permit based on the drainage study, and the City has sent a CLOMAR, conditional letter of map revision to FEMA. Mr. Husband said staff is recommending approval subject to the setback being adjusted on Lot 12 and the commission is given that authority to grant waivers from building setbacks by the Land Development Code. Chad Bartee answered questions by the commissioners. He said the pond design is included in the drainage study and will have an impact on construction and not on the plat. He said there will be no negative impact on the drainage from the property into Southlake. Commissioner Byerly asked what special circumstances existed that a waiver from the front building line was requested. He said that the footprint of the house needs to be designed to fit the buildable area of the lot. Phil Salyer, applicant, was present to represent the case. He said that all of the issues have been resolved with the surrounding neighbors. He said his engineer met with the neighbors and redesigned the plan. Commissioner Culley asked Mr. Salyer how he proposes to fit a house on Lot 12. Mr. Salyer said that the proposed house is 5,300 square feet in size and he explained the RE requirements and how the house will be twenty feet away from the LaHodas. He explained the location and amenities of the pond and how they plan on leaving the old red barn on the property. He showed the location of the other houses. Commissioner Culley moved to suspend the rules to allow public comment. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Those present wishing to speak were: Tom LaHoda, 7401 Jo Will Court, said that he initially had three issues with the plat and his first issue was drainage concerns and that has been addressed by the applicant. He said he is asking the City to follow the requirements in the Land Development Code regarding the drainage study approval process. He read the regulations from the Land Development Code and said a CLOMR, conditional letter of map revision, has been submitted and the City should Planning & Zoning Commission Minutes - October 13, 2003 Page 3 of 6 (Draft Copy - October 28, 2003) wait for a response from FEMA before allowing the property to be developed. He said the regulations need to be followed in order to assure the study is considered by an independent source. He said the pond is really a 2 Yz acre lake. Mr. LaHoda said his other issue with the plat is the request for a variance from the front yard setback. He said he is a former member of the Zoning Board of Adjustment and it is difficult for him to see the hardship. He said land is static, but designing a home to go on the lot requires a dynamic design to fit on the lot. He said that a 25-foot front setback is not even allowed in the R20 zoning district and that kind of a setback is more like a villa type setback. He said his house would be fronted by this new home that will be 15-feet in front of his house. The commissioners entered into discussion about the position of Mr. LaHoda's house and the setbacks on Mr. LaHoda's property. Mr. Salyer presented the house plans to the commissioners and drew the location of the house on the lot on the overhead. Mr. LaHoda drew the approximate location of his house on the overhead. There was discussion about how difficult property becomes to develop as the City faces build-out. There was discussion about the landscaping design for the front of the house on Lot 12 and how there are no curbs and gutters along the cul-de-sac and how that adds to the appearance of farther setbacks. They discussed the width of pavement in relationship to setbacks. The commissioners discussed with staff the Land Development Code requirements for floodplains and asked if there is a possibility that FEMA would deny the CLOMR. Mr. LaHoda expressed a concern that the erosion in the lake may make the problems with drainage worse because there is less ground to absorb the water. He distributed pictures to the commissioners showing the extent of the water not being absorbed when it rains hard. There was no one else present wishing to speak and Chairman Wall closed the public hearing. Phil Salyer told the commissioners that the ponds and lakes are used for detention and overflow and have been designed to improve the flow of water in the area and make it better. He said his engineer designed the pond for detention and they will construct a spillway. There was discussion about how Mr. LaHoda's property is on higher ground than the lake. Mr. Salyer said he wouldn't break ground if FEMA wouldn't approve the plan. He explained how the cul-de-sac intrudes into the lot and he won't build anything that will stick out in front of another home. The commissioners and staff discussed the process for approval of the drainage study and how a building permit won't be issued until all changes that are recommended by FEMA are made. There was discussion about how this is an engineering department function and it would not be reviewed by the Planning and Zoning Commission unless FEMA alters the plat and the applicant needs to amend the plat. They discussed the merits of the plat and the proposed construction to the area. Commissioner Byerly raised concerns about the neighbors not being notified of the proposed building line setback and how those requirements would be met if the setback issue was sent to the Zoning Board of Adjustment. There was discussion about the authority the Land Development Code gives the Planning and Zoning Commission to make those kinds of Planning & Zoning Commission Minutes - October 13, 2003 Page 4 of6 (Draft Copy - October 28, 2003) adjustments when property is being platted. Commissioner Byerly said the question of setbacks was raised at the zoning hearing and the developer was aware of the difficulty of building within the buildable area allowed by the RE zoning district. He said the zoning should have been PUD-R so that the issues could have been worked out at time of zoning when neighbors were present to give input. There was discussion between the commissioners and staff about self created hardships and the authority of the Zoning Board of Adjustment and the Planning and Zoning Commission to grant variances. Commissioner Byerly recommended that the case be tabled and the surrounding property owners be notified of the waiver request so they could give feedback. Discussion followed about time line requirements for plats. Phil Salyer responded to questions by the commissioners about approving the plat without the waiver and he said it put a great hardship on him because of the way the land is narrow at the street then has the floodplain in the back. He said he tried to do what is best to bring estate type homes to the area that would improve the tax value and if the waiver was not considered, he would go back to R20 zoning and the houses could be closer together. Chairman Wall moved to approve the plat without the setback waiver. Commissioner Byerly seconded the motion. The commissioners entered into discussion about the reasons for either granting the waiver request of denying the waiver request. Chairman Wall withdrew his motion. Commissioner Swift moved to approve the minor plat with the front building line waiver. Commissioner Culley seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Wall Noes: Kelly, Byerly, Chairman Wall said both sides were right and he voted in favor. He said he appreciates all sides coming before the commissioners and discussing the issues and there isn't a solution that serves both sides. He urged the developer and Mr. LaHoda to continue discussing the issues. 4. Discussion of the Master Plan Update: Clayton Husband informed the commissioners that a workshop is scheduled for the Southern Colleyville Boulevard area neighborhood on Thursday, October 30, 2003 at 7:00 p.m. at the Colleyville Center. 5. Staff Comments, Reports and Discussion Items: There were none. Planning & Zoning Commission Minutes - October 13, 2003 Page 50fB (Draft Copy. October 28, 2003) 6. Commissioners' Comments and Reports: Commissioner Culley informed the commissioners that he would not be able to attend the next Planning and Zoning Commission meeting. He said he would like to thank staff, Barry, Clayton, and Jan, for the terrific job they've done in supporting the Commission in the two years that he's been on the Commission. Commissioner Culley said he didn't think he's ever enjoyed a civic duty more than serving on the Planning & Zoning Commission and he really loves the guys and gals who have served with him and he's really enjoyed serving with them. He said he wanted to say, "Thank you" for the privilege. Commissioner Jones said he would like to echo Commissioner Culley's comments, and he thanked the chairman for his leadership on the last issue. Chairman Wall said that while he was researching the City Charter and the Land Development Code and the Rules of Procedure he was reminded that during a Commission meeting the commissioners should not engage in individual conversations with any member of the public, being it a commissioner or a citizen, off to the side. He said he's listened to tapes of meetings lately and conversations overrun each other and they need to make sure that isn't happening. He said the commissioners' comments will be on the record and be clear and clearly understood if they follow that guideline. He said they need to make sure it is never perceived that there are private conversations going on about any cases being considered, and all in all, this is a great Commission. The Commission adjourned the meeting at 8:55 p.m. by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - October 13. 2003 Page 6 of 6 (Draft Copy - October 28, 2003) .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: November 10, 2003 Z-03-025 - Public Hearing - Zoning change from CC1 to CC2 with a Special Use Permit for Automobile Sales on Lot 1, Block 1, Tutan Addition, located at 5311 Colleyville Boulevard STAFF REVIEW COMMENTS: Bank of the West is the owner of a 1.1-acre lot located on the east side of Colleyville Boulevard, just south of the intersection with Church Street. The applicant, Trent Harmon with Auto Buyers of Texas, proposes to use the property for the sale of used vehicles and the sale and installation of SUV and truck accessories. The applicant has submitted a zoning change request from CC1 to CC2 with a Special Use Permit to allow the proposed uses. The proposed uses are allowed in the CC2 district with a Special Use Permit. There are two buildings on the site, which was previously used as a flooring and tile store. The applicant proposes to use the front building as a sales office. The second building, located behind a fenced area, is proposed to be used for the sale and installation of SUV and truck accessories such as running boards, tool boxes, audio- visual equipment, and similar items. There are 16 parking spaces in the front of the property that would be used to display vehicles for sale. The applicant indicates that up to 40 vehicles could be parked on the rear portion of the property behind the fence. Detailed information from the applicant is included with this briefing. The surrounding property is commercial in nature. Properties to the north and south, and across Colleyville Boulevard, are zoned CC1, and the properties are used for commercial and institutional uses. Property to the east is zoned CC2 and is the proposed site for Lifetime Fitness. The following is an analysis of the major issues associated with this rezoning request. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for commercial and retail type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are generally developed as commercial and retail properties. None of the surrounding properties are used for residential purposes. Agenda Item No.1 - Page 1 3. Development Trends. The area north of the site is experiencing significant development. There are three buildings under construction and several new businesses open in the Town Center. A 109,000 square foot fitness center is planned on property immediately east of the site under consideration. There are existing buildings, some recently renovated, on the adjacent properties. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 1.1-acre parcel is valued at $589,505. The estimated City property tax revenue for the property is $2,048 annually. The City may also collect business personal property tax revenue on the inventory stored on the site. 6. Sales Taxes. The project may generate a small amount of sales tax revenue. According to the Texas Comptroller of Public Accounts, the sale and installation of parts and accessories on motor vehicles is subject to sales tax. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. New car sales facilities are expected to generate 37 trips per 1,000 square feet of gross floor area each day, on average. It is likely that used vehicle sales on this particular 1.1-acre site would not generate a significant amount of traffic. The following table shows the recent traffic counts for Colleyville Boulevard during a 24-hour period. Location 24-Hour Total Date Tinker Road intersection 30,366 vehicles 2001 12002 Hall Johnson Road intersection 31,500 vehicles 2001 I 2002 Glade Road intersection 39,751 vehicles 2001 I 2002 8. Public Notification. Staff mailed notices to 9 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. One letter of opposition has been submitted regarding this request, and a copy of the letter is attached. SUMMARY The Colleyville Master Plan adopted in 1998 establishes several goals related to commercial development. One goal is that efforts should be made to improve the appearance of existing commercial developments that are non-conforming to current city standards. General goals and policies are focused on bringing in sales tax generating businesses along Colleyville Boulevard. There are several advantages and disadvantages to approving this request. There is not currently a business operating on the lot, and the use of the lot to generate some Agenda Item No.1 - Page 2 sales tax and property tax income could be perceived as an advantage. However, this particular use is not a large sales tax generator. The State Highway 26 / Colleyville Boulevard Corridor Design Study generally discourages outdoor storage uses along Colleyville Boulevard, and approval of this use could encourage similar types of automotive uses to locate along the corridor. Since part of this request is for a Special Use Permit, the Commission and Council may place conditions on the approval of the request. These conditions could include the installation of landscaping or screening, signs, limitations on specific activities on the site, and time limits or periodic renewals of the Special Use Permit, provided the conditions are designed to reduce the effect on adjacent or surrounding properties. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: November 10, 2003 City Council: November 18 and December 2, 2003 RECOMMENDATION: Denial ATTACHMENTS: · Location map . Information from applicant · Development Review Committee memo · List of Property Owners Notified · Correspondence · Draft Ordinance Prepared by: ~~: Development Coordinator Agenda Item No.l- Page 3 / / : : '.. -'F' '" J..j "... / Y'.\-t.1 1~~17: / 01-l1-l~' 1',,1l-, i "~.' ~ /~\.\l~:OIl-\t>-\.." I~ , 2 1 ~~ 'L.- . . : .J; '. .' , ..: : '.4V"".. '; .. 1 \711. ..OIJ. I: I, ~ '. '.. . 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'.~lli\\1'"l ", " ~ o~ ~ --, /// / / ~i'l~ oc~ 12 4.aJ . 1, 8.17 . 11 Ill. lI.t7l1 At Location Map & Area of Notification CASE # Z-03-025 - Zoning Change from CC1 to CC2 With a Special Use Permit for Automobile Sales TR , .... . I ! ...................." I . .-~ k I ~ f'...-...~.......... n' I 2 , , TJtACT Ii: " -\. c 'I , 'fi \ ~ " . C?,I TR , too 0 r- ~1: ;, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . autobuyersoftexas.com Supporting Documents Proposed Re-zoning And Application for Special Use Permit (SUP) . Lot 1, Block 1 Tutun Addition 5311 Colleyville Blvd. Colleyville, Tx 76034 Statement of Plannine Obiectives J . . >> >> ~ ~ . . ~ t . . . . . . . . t . . . . . . . . . The applicant seeks approval of a re-zoning from C-l to C-2 of the subject property and a Special Use Permit allowing the sale of pre-owned motor vehicles. The property located at 5311 Colleyville Blvd. (Hwy 26) was formerly owned by DFW Tile, Inc. which filed bankruptcy this year. The property is owned by Bank of the West following a non-judicial foreclosure. Attached hereto is a recent aerial photograph with the subject property highlighted. The traffic count on the highway at the next major intersection (Hall Johnson Road) is approximately 43,000 cars per day. There are but a couple of other pre-owned motor vehicle sales lots in Colleyville. The subject property is ideally suited for an upscale car lot featuring late model trucks, cars, vans, and SUV's. The auxiliary building on the rear of the property (approximately 3,000 square feet) would be used for any permitted use in the C-2 zoning classification. The intended use is to store, display, and install SUV and truck accessories such as grilles, running boards, auxiliary lights, special wheels, tool boxes, audio-video equipment, etc. The pre-owned motor vehicle sales lot will be owner-operated by a young man who has been involved in the sale of automobiles since he was sixteen (16) years old who is now 26 years old. He has made an extensive market study of the Metroplex and has selected this property for his lot based upon the extremely high level of median household income, traffic count, visibility, access and a strong belief that a substantial amount of gross sales (estimated $5,000,000.00 per year) can be achieved at this location. Development Schedule The subject property requires no development. The existing buildings are both in compliance with City codes. The front building will be used for the general office area and the building in the rear will be used for the auxiliary business described above. All utilities are to the buildings and no construction is proposed or contemplated. Statement of Proposed Ownership The subject property will be owned by Trent Harmon, Jr. or a family owned Limited Partnership to be formed with Trent Harmon, Jr. as the General Partner and other family members as Limited Partners. The property will be operated under the name Auto Buyers of Texas (assumed name certificate on file with the Tarrant County Clerk). The business will apply for and obtain the necessary State License to operate the pre-owned motor vehicle sales lot, subject to this proposed re- zoning and Special Use Permit requested. Statement of Utilities to be Provided No other utilities will be provided. All utilities are in place for the operation of the business. , ~ ) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . , ~ ~ . , . " . " ~ . . . . . . . . . . . . . . . . . . . . . . Economic Development Information There are two (2) buildings on the subject property. The one nearest Colleyville Blvd. (approximately 2,000 square feet) was apparently a single family brick exterior house at one time. It was extensively re-modeled for the previous business, DFW Tile, Inc. as their showroom. It is quite well done with an upgraded interior finish including all tile floors. It will be an extremely nice office for the pre- owned motor vehicle sales. Estimated annual sales will be $5,000,000.00 or $2,500 per square foot per annum. The other building (approximately 3,000 square feet) is a tall multi-purpose building constructed of steel with complete brick exterior. Access to the building is from two (2) tall overhead doors at opposite ends of the building. Interior is clear- span over concrete floor with three (3) climate controlled offices. Nothing inside the building is visible from the street or adjacent property as there are no exterior windows in the completely brick building. Estimated annual sales will be $120,000.00 to $150,000.00 or $40 to $50 per square foot per annum. The annual assessed value of the entire subject property will be approximately $550,000.00 to $600,000.00 and will be subject to ad valorem taxes at the rate imposed by the City of Colleyville, Tarrant County, Tarrant County Hospital District, Tarrant County College District, and the Grapevine-Colleyville ISD. Traffic Impact Analvsis The proposed re-zoning and Special Use Permit are not likely to generate the requisite 1,000 vehicle trips per day that would require a Traffic Impact Analysis. Trent Harmon, Jr. d/b/a Auto Buyers of Texas 3756 Oak Cove Lane Bedford, Tx 76021 214-870-6482 cellular 817-684-8393 residence Mr. Clayton Husband, AICP Development Coordinator Community Development Department City of Colleyville, Texas VIA FACSIMILE OCT 4 2 Z003 Hard copy to be hand delivered Friday, October 24,2003 with revised site plan Re: Z-03-025 CCI to CC2/SUP for sale of motor vehicles 5311 Colleyville Blvd. Dear Mr. Husband: Please accept this in response to your letter dated October 16, 2003, which I received by facsimile on Friday, October 17, 2003, and subsequently received by U.S. Mail. In answer to question 1: "Where will vehicles be stored and/or displayed on site?" There are sixteen (16) striped parking places - eight (8) each on the North side and South side of the front of the property. We intend to display sixteen (16) "front line" vehicles in those parking spaces during the daytime hours of operation. The cars will be backed into their spaces. The eight (8) parking spaces on either side ofthe sales office (two of which are designated as handicapped) will be available for customers and employees. At the close of business each day it is our intention to move the sixteen (16) vehicles behind the wood fence that traverses the property from South to North and to secure that fenced area during the evening. The cars will be parked on the concrete pavement surrounding the one story brick warehouse. In answer to question 2: "How many vehicles will be kept on site at any given time?" In addition to the sixteen (16) "front line vehicles" we intend to maintain an active inventory of as many vehicles as economically feasible. We estimate that a total of approximately forty (40) vehicles including the "front line 16" can be parked in the one story brick warehouse and the surrounding concrete pavement. In the event that we are as successful in our enterprise as we expect to be we will want to hard surface the area designated as "future development" and store additional vehicles on the newly surfaced area as well. In answer to question 3: "Will any additional landscaping or light standards be added to the site?" There are currently lights on either side of the monument sign on Colleyville Blvd. directly in front of the one story brick sales office. There are porch lights on the front of the building. There are two (2) flood lights on all four (4) comers of the building and there are night lights on both ends of the one story brick warehouse. We currently have no intention of adding any light standards unless that is something Planning & Zoning Commission or the City Council wants done. There is currently a great deal of landscaping on the subject property which we hope to water and nurture back to being aesthetically pleasing as possible as soon as we are approved for the requested re-zoning and special use permit. We will hand deliver to the Planning and Zoning Commission offices on Friday, October 24, a revised site plan depicting the landscaping currently in place, the existing lights on the property and the parking spaces designated for the "front line ready" vehicles, as well as the customer and employee parking on either side of the sales office. If there is any further information required or desired please do not hesitate to contact me. Sincerely, sl Trent Harmon, Jr. d/bla Auto Buyers of Texas . '- t.>, ~-...: it~tn -l' .~.al!~ ~ -~&t~.. ~ ~~~~~~ .....:""II'I'liCli'll'I'-' (J ~ ~ .J ,." ..~ i,,~ ~ ~:!tp. ~ :!tII:t " ~ ~ t ~ ~ ~ ~ ~ ~ ~ !! " S <> <:l " ~ ~ ). .. ~ ~ <> OJ I .1 .! ~ '1i , .:: ~~ ~.. .~ ~~lI.l! ~~~!:! ~~l~ mh im~ ~~~)! ~-~~~ ,!~~ ~1!~ ,1~1~ .,"'''~~ .<1)"" .;.~ ~ ~ '1i < ~ y. ~ ~ ~ . . ~ " ~ "--'';U~"H''''1d ~N ~ ~ \ll . ' ~i; i~; ::i ni:l Fi: 1:5 p; ~ij . i~~ m ;i~ !!! ~p~M-- $. i .. ~ ) ~ \\ , \ ... \ \ \ \ \ \\ ~ . ~/;..I:>/-,Q;; ,7 I ---'--- U) W ...J c( U) '" .. :/'" ~ 0 o z w:/ " f. u ~ I- ..... Ql~~ Ii ." x ;:) g t::-;;:Ii ~n ~~'h e x 0-- (fi (l ~B c( 6ffi~~j~ (:... I:Ul k z C ...: z:S::lu '6_1- jH! ... ~ W (5 ~~8i ~l~ ..... N ...J <1.1..~ 1i~~ . CD I- Oa:: m;;- II o ~~ 0 " () ... Cl. II 0 I>: .. a::: '" Cl. c .. .e: 0 '" c c: . " .. . N ~ i!!~ k C 'S!3~ " -{ e~. u. : s.~' .= ': ~i .c ! ..c ';i"'.! .. ... '" ~ t~ 11 '" ..~ c: f c: " J ... ~":::. ~ .... .. ~ ~ ~ ~ 11 c ~ , \ \ \ \ \ \ ' \\ , \ . \ \\" ^ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT 1. DEVELOPMENT REVIEW COMMITTEE DATE October 16, 2003 TO Trent Harmon, Jr. FAXlEMAlL via mail ~ Bank of the West 972-570-1703 k/ ~ FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-03-025 CCl to CC2/SUP for Sale of Motor Vehicles - 5311 Colleyville Blvd The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. REQUEST FOR ADDITIONAL INFORMATION The review of this zoning request generated several questions. The following questions should be responded to in writing. 1. Where will vehicles be st~red and/or displayed on site? .' 2. How many vehicles will be kept on site at any given time? 3. Will any additional landscaping or light standards be added to the site? PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: NW"I/D}d-OD3 Monday, ':J l .< 17, 288J, 7:00 p.m. Tuesday, November 18 and December 2,2003,7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit a letter addressing the questions in this review memorandum. The response letter must be submitted no later than Wednesday, October 22, 2003 in order to make the scheduled hearings. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMittEE czd~~ ~ ICY; 1 - U~d7 ,17,.. z ~~. ~ P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 817.577.7587 Beasley Building Group 5401 Colleyville Blvd Colleyville, TX 76034 J T Corley 7310 Dominique Drive Dallas, TX 75214 Herman Smith & Co., Ltd 1903 Central Drive, Suite 403 Bedford, TX 76021 Colonial Bank 8214 Westchester Drive Dallas, TX 75225 Afrim & Ruzdi Bojku 3408 Glade Creek Drive Hurst, Texas 76054 Baylor Health Care System 3409 Worth Street, Suite 600 Dallas, TX 75246 First Baptist Church Colleyville 5405 Pleasant Run Road Colleyville, TX 76034 Paul Richard Allgood 3815 Rufe Snow Drive Fort Worth, TX 76180 Bank of the West 2111 W. Airport Fwy Irving, TX 75062 Trent Harmon, Jr. D/b/a Auto Buyers of Texas 3756 Oak Cove Lane Bedford, TX 76021 Case Z-03-025 (Notices dated: October 31,2003) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permit/and-or/zoning change request are listed above. I certify that the partIes listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. t Jan Levy v Planning & oning Assistant L , 5405 Pleasant Run. Colleyville. TX 76034 November 5, 2003 r..rJ~.....f,' / ......~E 811':281.4,158. ~ www.fbCCOlleYVill'e'c1m . " '" i,',< . .: r t '~,__" Dear Sir or Madam: Zoning Case Number: _Z-03-026 An application has been filed by Trent Hannon, Jr., Auto Buyers of Texas for a zoning change with a special use permit to allow automobile sales on property located at 5311 Colleyville Boulevard in the City ofColleyville, County ofTarraut, and State of Texas. As property owners in the area, the undersigned do hereby request that the pending application mentioned herein be denied by the Colleyville Planning and Zoning Commission on the following growxls: · The proposed use of the property as an Automobile Dealership is inconsistent with types of businesses already located in the area. It will not be anything but a dettaction from the appearance of this area, and there is plenty of properly zoned property available elsewhere. · The proposed use of the property presents a danger to the use of the sunounding businesses, specifically the current operation of First Baptist Colleyvi11e. The Clmrch currently operates a fully fiuK:tioning campus 5 of7 days a week, including a mother's day-out program that services approximately 300 childrert The activity of the clmrch is comparable to that of a school considering the daily activities involving children and parents. To protect against injurious uses, there are limits on the unrestricted use of property as a result zoning and planning commissions were created to develop statotes and ordinances to protect the interference with another person or entities property. We believe that this development will have a detrimental impact on the local bUsinesses as well as our ability to proVide adequate support and facilities for the surrounding community. · The State of Texas or a city or county is empowered to govern land use if the regulations enacted substantia1ly advance a legitimate governmental interest InMayhew v. Town of Sunnyvale, the Texas Supreme Court listed as legitimate state interests protecting residents from the "ill effects ofwbanization," enhancing the quality of life, and protecting a beach system for recreation, tourism, and public health The theol)' of common-law nuisance should not be overlooked by a landowner aggrieved by a neighbor's conduct A "mrisance" is a condition that substantially interferes with the nse and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinaIy sensibilities attempting to use the land. Our commt;4 not directly aimed at Trent Harmon, Jr., Auto Buyers of Texas. Our concern regardingThe se of the property would be the same regarding any other auto dealership or any other ~ati ly W13ttracti", ~ of the property located at 5311 Colleyville Boulevard. ORDINANCE 0-03-XXXX AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1, TUTAN ADDITION, FROM THE CC1 VILLAGE RETAIL DISTRICT TO THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT AND AUTHORIZING A SPECIAL USE PERMIT FOR THE AUTOMOBILE SALES; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change and Special Use Permit was filed by Auto Buyers of Texas on September 30, 2003, under Case No. Z-03- 025; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit UAU) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Tutan Addition (5311 Colleyville Boulevard), by changing the zoning of said property from the CC1 Village Retail district to the CC2 Shopping Center Commercial district, and by authorizing a Special Use Permit for Automobile Sales, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the Special Use Permit shall be subject to the following conditions: 1. GENERAL a. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-xxxx Page 2 of 3 2. PERMITTED USES a. Automobile Sales b. Sale and installation of truck and sport utility vehicle accessories 3. PROHIBITED USES a. Automobile repair and service, as defined by the Land Development Code, shall be prohibited on this property. 4. GENERAL DEVELOPMENT REQUIREMENTS a. Not more than sixteen (16) vehicles shall be displayed for sale within the parking area located at the front of the property, as described in Exhibit "B". b. At the close of business each day, the vehicles for sale shall be moved from the front parking area to behind the fence, as described in Exhibit "B". c. Not more than forty (40) vehicles for sale shall be kept on the entire site at any time. d. The sale and installation of truck and sport utility vehicle accessories shall be conducted wholly within Building 2, as described in Exhibit "B". The installation of said accessories shall not be conducted outside the building. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-03-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ TexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: November 10,2003 Z-03-026 - Public Hearing - Zoning change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road 5T AFF REVIEW COMMENTS: The Donald K. Blackburn Trust is the owner of 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road. The applicant, Realty Capital Corporation, has submitted a zoning change request on the property from CN and R20 to PUD-C. The request also includes a Special Use Permit to allow the sale of alcoholic beverages for both on-premise and off-premise consumption. The developer proposes to construct a 20,500 square foot mixed-use retail and office building on the site. The building is proposed as a single-story structure, with a brick and stucco exterior. The applicant submitted a conceptual site plan and a building elevation drawing with the application, and these documents are attached. The subject property, which has frontage on three streets, is currently vacant. The surrounding property is both single-family residential and commercial in nature. Property to the north and east is zoned R20 Single Family Residential, and is developed as single-family residences. This single-family area was platted as Fairway Addition in 1953, and the houses generally date from the 1960's. Property to the south is zoned CC1 Village Retail and CC2 Shopping Center Commercial. The property to the south is mostly vacant, with an existing cabinet manufacturer located on Precinct Line Road. The property to the west, across Precinct Line Road, is located in North Richland Hills. This property is zoned for commercial uses, and there is a Super Wal-Mart and Super Target operating on the site. Due to the surrounding residential zoning and the proposed future commercial uses of the property, the applicant has requested rezoning to a planned unit development. The planned unit development zoning allows the applicant to request consideration of special zoning provisions, and allows the Planning and Zoning Commission to place conditions on development to protect surrounding properties. The attached draft ordinance is based on the applicants proposal, and includes the following: Land Uses. The applicant proposes a variety of retail and office uses for the property. A complete list is included with the applicant's correspondence attached to this briefing. The uses are generally consistent with the uses allowed in the CC1 Village Retail zoning district. Agenda Item No.2 - Page 1 Building Lines. The side building line on the north side of the property is established at 15 feet. The adjacent properties to the north is zoned R20, which would normally require a side building line of 25 feet. The applicant has proposed a 15-foot side building line based on the future use of the adjacent properties as commercial development. Buildings lines on the street side are proposed at 40 feet. Landscaping. The proposed layout meets most of the requirements of the landscaping regulations. A narrow landscape buffer is provided adjacent to the north property line. The landscape regulations normally require a 20-foot landscape buffer when commercial property is adjacent residentially zoned property. The applicant has proposed the narrow landscape buffer based on the future use of the adjacent properties as commercial development. The buffer along the north property line will consist of a row of evergreen shrubs, which shall reach a height of eight feet within two years after development of the site. Landscaping and screening is not proposed along Curtis Road, however the DRC feels that some landscaping and screening would be appropriate due to the proximity of single family residences on the street. In a separate request that must be considered by the City Council, the developer has proposed a waiver of perimeter street improvement requirements for Curtis Road in exchange for the construction of a 6-foot tall masonry screening wall, an irrigation system, and landscaping in the right-of-way at this location instead. Since this is a PUD-C request, the Commission may require landscaping and screening along this street. The DRC suggests the following language, based on the applicant's proposal: There shall be constructed a six (6) foot tall masonry screening wall adjacent to this property's frontage on Curtis Road. Landscape materials, including evergreen shrubs and trees shall be planted and an irrigation system shall be installed on the street-side of the wall. These items shall be constructed prior to the issuance of a certificate of occupancy on the property. Alcoholic Beverage Sales. The draft ordinance includes approval of a Special Use Permit for alcoholic beverage sales for both on-premise and off-premise consumption. On-premise consumption is allowed in conjunction with restaurant uses. Off-premise consumption is restricted to grocery stores, convenience stores, specialty wine shops and gourmet food stores. Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. A 5-foot wide sidewalk is required on McDonwell School Road, and a 4-foot wide sidewalk is required on Curtis Road. The construction of a 10-foot wide hike and bike trail is required for this property's frontage on Precinct Line Road. The developer is requesting a waiver of the sidewalk requirement on Curtis Road due to the narrow with of the parkway and the proposed improvements discussed previously. Agenda Item No.2 - Page 2 IMPACT ISSUES 1. Master Plan. The CoJ/eyville Master Plan designates the future use of this area for office type land uses. This request is consistent with the goals and objectives of the Master Plan. In addition, work is almost complete on a special planning study of the entire Precinct Line Road corridor in Colleyville, as part of the Master Plan update. It is expected that this study will further define the types of uses proposed in the corridor. The proposed use of the property is consistent with the preliminary concepts developed by the consultant. 2. Surrounding Properties. The surrounding properties are generally developed as single family residences. The subdivision was platted in 1953. The property across Precinct Line Road is developed as retail property. 3. Development Trends. The area is experiencing significant development of both commercial and residential projects. Most of the commercial development is occurring in North Richland Hills, where a Wal-Mart Supercenter and Super Target have recently opened. Residential development is occurring in Colleyville on McDonwell School Road, east and southeast of the site under consideration. A portion of North Tarrant Parkway has recently been completed in North Richland Hills, and a trend towards commercial development is expected to continue. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lot if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $270,856. The estimated City property tax revenue for the undeveloped property is $941 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. The applicant provided an brief economic summary of the project, and a copy is attached. The project contains 20,500 square feet of general retail and office space. Based on average sales per square foot of $250 for 75% of the building's square footage, the estimated annual sales generated by this development is $3,843,750. The estimated sales tax revenue for the City's general fund from this development is $38,437 per year. It is possible that offices may generate taxable sales, but the effect on overall sales tax revenue would be minor. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Mixed-use retail buildings are expected to generate 40.67 trips per 1,000 square feet of floor area per weekday, on average. Based on this average, the 20,500 square foot building would add 834 vehicle trips per day to the surrounding roadways. Agenda Item No.2 - Page 3 8. Public Notification. Staff mailed notices to 33 adjacent property owners regarding this request. A notice was also sent to the City of North Richland Hills. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. SUMMARY The Colleyville Master Plan suggested that office development occur at this location to provide a less intensively developed area between larger commercial development in the area and the existing residential area. The economic development goals contained in the Colleyville Master Plan are focused on building out the remaining commercial areas with revenue-generating businesses. These types of businesses would include retail oriented activities that provide significant sales tax revenue. As there is little commercial development in this area on Precinct Line Road, new uses that locate in this area will influence overall development patterns. The large retail area in North Richland Hills, across the street from this area, is just beginning to develop. It is possible that as this area grows, other retail users will develop property on the Colleyville side of Precinct Line Road. The proposed use of the property could have a positive impact on the future commercial growth of the city in this area. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: November 10, 2003 City Council: December 2 and December 16, 2003 RECOMMENDATION: Approval ATTACHMENTS: · Location map · Information from applicant · Development Review Committee memo · List of Property Owners Notified · Draft Ordinance Prepared by: \~~d'\.. Agenda Item No.2 - Page 4 ~~I I 1,\lI;jIr'lA ~g\ TR lA, ...2 AC I <51 3 t1.117. 10 11 10 '\--=-1 I I I . I :;OOIAAi I __ i'~.3El I';'~ / i 2.&c13 Af _ I TR If4- T~ 15C UlO7 . TRllO .3lII . .IR ~ I' , \. I I TR", ,. ,.T.II...... .eae AC rv-\ "j-w AC . I '"^-.J ?- I TR 11[ . ;--~!. .,- 3-lIA'i ............,....~ \l.'~~ '-lpl.\..t'#' 1 TR .... 3." At; TR\I ....... . TRj / : 1 I TR F " U At 21R'ID TRtE TR~ .IAC \.41AC lAC I ,it:," ./ 14A .. 14 " ~ JJt 14 ... -/ / TR1I1 .... 13 10 u ./ TR 1G 1R 1 IoIAC'UAC 10 TR1I2 7.24 At TR. 1.34 At 12 11 12 " 10 " ,..C\!"- 10 ." 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Location Map Case Z-03-026 - CN & R20 to PUD-C w/SUP RC Realty Capital Corporation October 16, 2003 Mr. Clayton Husband Community Development Coordinator City of Colleyville 5400 Bransford Road C:olleyville, Texas 76034 RE: Zoning request for 2.1 acres located at the northeast corner of Precinct Line Road and McDonwell School Road - zoning request from CN and R-20 to PUD-Commercial Dear Clayton: Please find (22) folded copies of the zoning exhibit, (1) reduced (8 \--S" x 11") zoning exhibit. zoning application and $500.00 application fee. Please find below responses to the additional questions/requests for information: Statement of Planning Objectives . Realty Capital desires to develop this property into an attractive neighborhood retail center. This property is well located at the northeast intersection of Precinct Line Road and McDonwell School Road in an exploding commercial area. Development Schedule . Realty Capital intends to start construction on the shell building in the first quarter or 2004 and complete the construction of the shell building in the fourth quarter of2004. Statement of Proposed Ownership . The project will be owned by a Texas limited partnership. Statement of Utilities to be Provided . Service lines for water and sewer will be extended to the development during the construction of the shell of the building. A water line is located along Precinct Line Road and a sanitary sewer line is located on the west side of Curtis Road. Economic Development Information . Please see attached spreadsheet. Please find below a list of uses that we propose are allowed for this development: 32 Village Lane. Suite 200. Colleyville. Texas 76034 . (817) 488-42llll . Fax (817) 424-2448 OCT-20-2003 MON 01:16 PM FAX NO. P. 03 .....1' i I:' I"': I . '.' "",' I I ~I Realty Capital C orporalion I. Convenience store wlo gasoline sales 2. Supemlarketfgrocery 3. Bakery 4. Meat and ilsh market 5. Cafe, cateteria and restaurant 6. Restaurant with drive-in or drive - thru service 7. General retai 1 sales 8. Pharmacy 9. Drug Store 10. Retail plumbing. electrical and hardware WiD outside display 11 . Hardware w/outside display 12. Book and stationery shop 13. Jewelry, camera, music - sales andlorrcpair 14. Florist shop I 5, Furni ture store 16. Pet shop 17. Barber, beauty salons t 8 _ Dry cleaners (station only) 19. Apparel alterations 20. Health studios 21. Music and dance studios 22_ Veterinarian office w/o kennels (unless kennels are located within the office) 23. Interior decorator shop 24. Food catering 25. Mcdical and veterinary clinics 26. General office 27 _ Banks, fmancial instinltions 28. Day care/day nursery. Wc also request that the City allow this development to have the sale of beer and wine (on and off premise). Thank you for your review of this request and we look forward to working with you during this process. Sincerely. ~i~tion Thomas J. Wouters Enclosure 32 Village Lane. SUlle 20ll. Colleyville, Texas 76034 . (817) ~88-42()ll . Fax (K17) 42~-244l\ Zoning Case - Precinct Line Road and McDonwell School Road Economic Development Infonnation I. Total Square feet of building area: 20,500 2. Estimated Sales per square foot: $ 250.00 3. Estimated sales per year: Assumed 75% of center is retail $ 3.843.750.00 4. Estimated ad valorum taxes per year: $ 53.300.00 IIUJNI~VIJOSSV)lW D 'o((-a:'ta'lllV1DOlo-w'lW'1 - 1I50U JVllJ ......... o.'VlD "' liS 'OK U'MW:* ,." S+OI SVX3l'a11L\A3110J J... V M,3.L VO 3:11IAJ...3:110J It , ~ :II; JI. ........ I ,.- 1 1 ......... ., ~ ;~ ~ ~ , ~. g ~ ~ ~ 8 0 a~ !Ii r ~8 Q' -J ~ ~~ ~ -. :! ~ ~~ -' ii:: .' " 0.. ,,;::::- ~ 0 "';;::-~ ~ ~~ i:: ~ I ~~ -J '" ~ ~ ~ ~ ~tI' ~..:: ~~~ ~ itl ~ 0 ~ "', ...j: 0:' iiJ <:10:1 ~I 3~: U___. 0.0. " I I 5~ ~~ ~" ~~ ~~ iI" ~~ U ~" ~~ U ~" (.nu. 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(J . ~2 ~ 2 C( ~ 1 !:::::E ~o :t~ tii- (!)~ !:;:::J ~() 2~ .. , ,.JNI'S3.lYI:JOSSV)lNJ D ! ! ~-<<9la.'.v'OOI~Ct"l '......'rvll1T1rv1w<>><vlD""JU''''''H~''''St<IlI: ! , I 1[111 ! I , I , 'I i ~ SVX3.L '3TIIAAHTIOJ , , ! , I ! Iii, ',-< : J... V M31VD 311LU.3110J If i ! i l i J i ' · ' ! ' il,. ,I ! , ' -.-"- -.--- 51 f:::i ~! Lu [j s: f-; :::J o ~ f- ~ o ~ @ ~ Q. o ~ ~"O:Ti---' ------- -- , :,~!; '" 1,; ;~~ 'iifl' :* or"} :'::} :"~,i ~~~ :~ di,,-:~ pailil.I,"., ---.[.~~''l.l. ' ,iiii :,'~ Iii'! ------,f1." ~""I ; ~m~ 1.li!.i~...[~I: .. -_.-:]: ""! d -~:~:t -.'-." 1ij ~ ~ ~ II ~ ,~ g I ~ . ! 2 ! II: . ~ ! !::~ !!lo ~~ i ~ ~ I ~:::J, ; ~ 0' ' 18l:!. ~ ~ o f::: ~ Lu [j ~ ~ $: ell i!: :::J 01 ~! Qi ~! llil ~I o! ~! NOV-06-2003 THU 01:01 PM FAX NO. P. 02 III Realty Capital Corporation November 6, 2003 Mr. Clayton Husband, AICP City of Colleyville - Development Coordinator P.O. Box 185 Colleyville, Texas 76034 RE: Zoning Case - Z-03-026 CC2/R-20 to PUD-C - northeast comer ot"Precinct Line Road and McDonwell School Road Dear Clayton: We are receipt of the Development Review Committee (DRC) comments on the above referenced zoning case. Please find below Our responses to these comments: 1. Regarding the screening - Along the north side of the property we propose an 8' landscape material as a screen. Along the east side of the property (along Curtis Road) we propose no screening. 2. Perimeter Street Fee for Curtis Road - We fonnally request that the City of ColleyvilIe wave the perimeter street tee ror Curtis Road as well as any roadway impact fee for Curtis Road. Staff advised that the perimeter street fee for Curtis Road is calculated based on $114/LF of roadway frontage for the property. This site has 327 LF of frontage along Curtis Road; therefore, the perimeter street fee will be approximately $37,278.00. Further, it is our understanding that the City has no plans to improve/widen Curtis Road. Instead of paying the perimeter street fee for Curtis Road, we propose to use a portion of these funds to enhance the barrow/drainage ditch along Curtis Road with an irrigation system, extensive landscaping to include evergreen shrubs and trees and construct a 6' tall masonry screening wall along the eastern property line. 3. Perimeter Street Fee for McDoDwell School Road - We propose to construct the paving for a dedicated right turn/straight driving lane at the intersection of McDonwell School Road. Therefore. this intersection (when traveling west bound) will have a dedicated left turn lane as well as a combination right tum/straight lane. These improvements will be paid for by the developer (total cost for the paving improvements not to exceed the total charge for the perimeter street fee for McDonwell School Road). 4. Right - of - Way Dedication along McDoDwell School Road - In order to accurately site plan this project, we are requesting additional imonnation from the City regarding the ROW dedication for McDonwell School Road. We have site planned the property based on a 75' ROW for McDonwell. Please provide more specific information tor the ROW needed for McDonwell and the intersection of McDonwell and Precinct Line Road. 32 Villas" LWlC. Suite 200. COlley,iIle. Texas 76034 . (817) 488-4200 . Fax (817) 424-2448 NOV-06-2003 THU 01:02 PM FAX NO, p, 03 III Realty Capital Corporation 5. Sidewalk along Cur1is Road - we propose that the City wave the requirement for the construction of a 4' sidewalk along Curtis Road. A barrow ditch is adjacent to this road and there is not enough land area between the barrow ditch and the street to conSlruct a 4' sidewalk. Thank you for your consideration of these issues and we look forward to hearing from you with any questions and/or comments. Sincerely, e ty Capital Corporation ~ 32 Village l.ano, Suite 200, Collepille. Texa. 71\034 . (817) 48&-4200 . FaA (817) 424-2448 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE October 29,2003 TO Tom Wouters Donald K. Blackburn Trust ~ FAXlEMAIL twouters@realtvcapital.com via mail FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-03-026 CC2/R20 to PUD-C - Northeast comer of Precinct Line Road and McDonwell School Road The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. If the zoning request were approved, the property would be subject to the general provisions of the CC2 zoning district and any conditions imposed by the Planning and Zoning Commission and City Council as part of the Special Use Permit. Detailed review for compliance with the regulations will take place during the site plan/landscape plan and construction phases of the project. 2. If the zoning change is approved, a subdivision plat must be submitted and approved by the Planning and Zoning Commission and City Council before construction may begin on any structures. ZONING EXHIBIT 1. The drawing does not indicate whether screening will be provided along the north property line or along Curtis Road. What type of screening will be provided in these areas? 2. A TxDOT Access Permit is required for the drive approach on Precinct Line Road. Contact TxDOT at 817-370-6526 for application information. Both TxDOT and the City must approve the permit. 3. This building will require an automatic fire sprinkler system, fire alarm system, Knox box system, and fire vault. The alarm and sprinkler system permit must be obtained directly from the Fire Marshal office. Contact Jeff Jones, Fire Marshal, at 817-488-6277 for specific permit requirements. P.O, Box 185 - COLLEYVILLE. TEXAS 76034 - 8 I 7.577. 7587 DEVELOPMENT REVIEW COMMITTEE Z-Q3-Q26 COLLEYVILLE GATEWAY 4. All signs proposed for the building or property require a separate permit. Contact the Building Inspection Department at 817-577-7570 for sign permits and requirements. 5. Trinity Waste Services has an exclusive commercial franchise in Colleyville for solid waste services. Service arrangements must be made directly with Trinity. For information, contact Trinity at 817-332-7301. OTHER INFORMATION 1. RIGHT-OF-WAY DEDICATION. McDonwell School Road is classified as a Minor Collector on the Master Thoroughfare Plan. A Major Collector requires a right-of-way width of 75 feet. When the subdivision plat of the property is submitted, right-of-way dedication may be required along McDonwell School Road. Additional right-of-way dedication may be required at the intersection. 2. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction. ROADWAY $773 per 1,000 square feet gross floor area for SPECIALTY RETAIL CENTER uses. Actual fee depends on specific use of the property. Details are available in Chapter I3 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since McDonwell School Road and Curtis Road are considered unimproved streets. As part of the subdivision plat and construction process, the developer is required to construct one-half of the streets or provide an equivalent amount of cash escrow for future improvement by the City. The response letter to these comments should indicate the developer's initial intention of construction or escrow regarding these streets. Street construction or the escrow of fund is not required at this time. 4. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for commercial uses is $800 per acre. An assessment of parkland dedication fees will be provided upon the review of the plat. 5. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along Curtis Drive and McDonwell School Road. The sidewalks must be installed when any new construction occurs on the property. The sidewalks must be at least 4-feet wide on Curtis Drive and 5-feet wide on McDonwell School Road. This property is also subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Precinct Line Road. The Pathways Plan requires a 10-foot wide trail PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-Q3-Q26 COLLEYVILLE GATEWAY along Precinct Line Road. The developer is required to construct the trail as part of the improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, November 10, 2003, 7:00 p.m. Tuesday, December 2 and December 16,2003,7:30 p.m. RESUBMITT AL REQUIREMENTS Please submit a letter addressing the questions in this review memorandum. The response letter must be submitted no later than Wednesday, November 5, 2003 in order to make the scheduled hearings. Please contact me at 817-577-7587 or husbandc(a)ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMiTtEE PAGE30F3 The City of Colleyville Franklin & Bessie Cox 6608 Curtis Road Colleyville, TX 76034 James & Suzan Friese 6700 Curtis Road Colleyville, TX 76034 Brian & Kimberly Gogle 6704 Curtis Road Colleyville, TX 76034 Philip Casey 8404 Precinct Line Road Colleyville, TX 76034 State of Texas P.O. Box 6868 Fort Worth, TX 76115 Thomas & Margie Gale 8402 Precinct Line Road Colleyville, TX 76034 Paula & Keith Long 8310 Precinct Line Road Colleyville, TX 76034 Timothy Hamm & Carla Johnston 730 Valley View Court Argyle, TX 76226 Nina Aarons 321 Fleming Drive Hurst, TX 76053 Terry & Eva Johnson 6600 Herbert Road Colleyville, TX 76034 W E Williams & W J Cunningham 6602 Herbert Road Colleyville, TX 76034 Thomas Coyne 6604 Herbert Road Colleyville, TX 76034 Harry & Sharon Hardy 6606 Herbert Road Colleyville, TX 76034 Lula Brewer 6608 Herbert Road Colleyville, TX 76034 Orlene Williams 6700 Herbert Road Colleyville, TX 76034 Eddie Snyder 6704 Herbert Road Colleyville, TX 76034 Bonnie Lasater 6703 Curtis Road Colleyville, TX 76034 David & Barbara Cole 6701 Curtis Road Colleyville, TX 76034 Mark Daniel Phillips 6609 Curtis Road Colleyville, TX 76034 Deborah Bliss 6607 Curtis Road Colleyville, TX 76034 Mark Laprade 6605 Curtis Road Colleyville, TX 76034 Ronald & Lisa Ballard 6603 Curtis Road Colleyville, TX 76034 Shirley & Michael Simons 6601 Curtis Road Colleyville, TX 76034 James Phillips PO Box 51 Eagle Nest, NM 87718 Keller ISD Attn: Tom Myers 100 Main Street Fort Worth, TX 76102 Jeff Baker Keller ISD 350 Keller Parkway Keller, TX 76248 Raman Chandler PO Box 611 Colleyville, TX 76034 Wayne Deaton 8200 Precinct Line Road Fort Worth, TX 76180 E W Deaton 114 Quail Run Colleyville, TX 76034 City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Donald K. Blackburn Tr Donald Blackburn Trust 1370 Randol Mill Roanoke, TX 76262 Realty Capital Corp. 32 Village Lane, Suite 200 Colleyville, TX 76034 Case Z-03-026 (Notices dated: October 30,2003) According to the last published Tax Record, individuals who own property that is within the 500' of the proposed special use permiUand-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas local Government Code and the Colleyville land Development Code. Jan Levy ~ Planning (g,ning Assistant ORDINANCE 0-03-xxxx AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOTS 1,2,3,26, 27 AND 28 BLOCK 2, FAIRWAY ADDITION, FROM THE R20 SINGLE FAMILY RESIDENTIAL AND CN NEIGHBORHOOD COMMERCIAL DISTRICTS TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Realty Capital Corporation on September 30,2003, under Case No. Z-03-026; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "An, and described as Lots 1, 2, 3, 26, 27 and 28 Block 2, Fairway Addition, by changing the zoning of said property from the R20 Single Family Residential and CN Neighborhood Commercial districts to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for office and retail land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-xxxx Page 2 of 4 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC1 and CC2 zoning districts (2) Day care center or Day nursery (3) Any use in the CC1 or CC2 districts that are subject to approval of a Special Use Permit shall be required to obtain approval of said Special Use Permit in accordance with the Land Development Code b. The following land uses shall be prohibited within this Planned Unit Development. (1) Building material sales with or without outside storage 3. ALCOHOLIC BEVERAGE SALES a. A Special Use Permit for alcoholic beverage sales for on- premise consumption in conjunction with a restaurant use is hereby authorized. b. A Special Use Permit for alcoholic beverage sales for off- premise consumption for a grocery store, specialty wine shop or gourmet food store is hereby authorized. c. This property is subject to the distance provisions from schools as required by the Colleyville Code of Ordinances and Texas Alcoholic Beverage Code. 3. CONCEPTUAL SITE PLANS AND PLATTING a. The arrangement, location and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "8" and will be determined at time of site plan approval. b. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: Ordinance 0-03-xxxx Page 3 of 4 (1) Minimum Lot Size (2) Building Line adjacent to street (3) Side Building Line (4) Rear Building Line None 40 feet 15 feet 1 5 feet b. The building shall not exceed thirty-five (35) feet in height. 5. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. There shall be a landscape screen along the north property line which shall consists of a row of evergreen shrubs which shall reach a height of eight feet within two years after development of the site. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. c. There shall be constructed a six (6) foot tall masonry screening wall adjacent to this property's frontage on Curtis Road. Landscape materials, including evergreen shrubs and trees shall be planted and an irrigation system shall be installed on the street-side of the wall. These items shall be constructed prior to the issuance of a certificate of occupancy on the property. 6. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. 7. SIDEWALKS AND TRAILS a. The developer of each individual commercial lot shall construct a 5-foot wide sidewalk adjacent to McDonwell School Road, unless funds are escrowed with the City for future construction of the sidewalk. b. The developer shall construct a ten (10) foot wide hike and bike trail adjacent to Precinct Line Road. c. Sidewalks shall not be required adjacent to Curtis Road along this property's frontage. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-xxxx Page 4 of 4 THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney