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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/26/2004 (Q~~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers -100 Main Street Monday, January 26, 2004 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 Commissioner Swift PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES CITIZEN COMMENTS January 12, 2004 AGENDA ITEMS 1. Case Z-04-007 - PUBLIC HEARING - Zoning Change from R20 to PUD-C Planned Unit Development Commercial on Lot 1, Block 2, Thompson Terraces Addition located at 5001 Thompson Terrace 2. Case Z-04-004 - PUBLIC HEARING - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard 3. Case Z-04-003 - TABLED ITEM - Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard 4. Discussion of the Master Plan Update 5. Staff Comments, Reports and Discussion Items: The following item was received on the last case submittal deadline: . Case P-04-007 - Minor Plat of The Riverwalk at Colleyville, 2.729 acres located at the northwest corner of Glade Road and Riverwalk Drive Planning and Zoning Commission Agenda - January 26, 2004 Page 1 of 2 . Case Z-04-008 - Special Use Permit for an Accessory Building at 305 Timberline Drive S. . Case Z-04-009 - Zoning Change from R40 to R20 Single Family Residential on Lot 5R1, D.P. Arrington Subdivision located at 2016 Glade Road . Case Z-04-01 0 - Zoning Change from CC2 to PUD-R Planned Unit Development Residential on Lot 4R, Block 1, Centerpark Addition located on the south side of Centerpark, east of Colleyville Boulevard . Case Z-04-011 - Zoning Change from CC2 to PUD-C Planned Unit Development Commercial, 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard . Case Z-04-006 - Amendment to Chapter 3 of the Land Development Code regarding movie theaters 6. Commissioners' Comments and Reports ADJOURNMENT I, Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Friday. Jan. 23, 2004 at4:30 p.m. Planning and Zoning Commission Agenda - January 26, 2004 Page 2 of 2 cce~ l'ellaS PLANNING AND ZONING COMMISSION MEETING MINUTES - January 12, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioners Earl Swift and Bud Sellers were absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Kelly December 8, 2003 APPROVAL OF MINUTES Commissioner Byerly moved to approve the minutes of the November 24, 2003 meeting as written. Commissioner Kelly seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-04-001 - Minor Plat of Lot 1, Block 1, LeGrand Addition, 0.5507 acres located at 302 Bandit Trail Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion by the commissioners regarding the location of the lot, the width of the lot outside of the platted area to the east, and the lack of an impact on the drainage in the area because of this plat. Commissioner Culley moved to approve the minor plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 2. Case P-03-036 - Final Plat of Lots 1-6, Block 1, Heritage Office Park, 3.7118 acres located at the northeast corner of Gateway Drive and Heritage Avenue Planning & Zoning Commission Minutes - January 12, 2004 Page 1 of 10 Draft Copy #1 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall asked when staff would review the drainage plan for the subdivision. Staff responded that it would review the drainage at the time of a site plan. Jennifer Lismosneros was present to represent the case. Commissioner Culley asked her if they currently have any leases for the lots. She said that there are several physicians waiting for the plat to be approved and they anticipate completing the subdivision in approximately six to eight months. Commissioner Jones moved to approve the final plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: one 3. Case P-04-002 - Final Plat of Lots 1-5, Block 1, Maass Estates, 9.544 acres located at 2113 Glade Road and 4800 Bill Simmons Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion about the location of the lots and the existing home on one of the lots. Staff informed the commissioners that the applicant had submitted a plan for the drainage and it was reviewed by the engineering staff and meets the requirements of the Land Development Code. Barry Mitchum was present to represent the case. Commissioner Culley asked if he had plans to tie into the new subdivision that was under construction to the west. He responded that he did not have ownership of any other property adjacent to his and would not tie into the subdivision. There was discussion about fencing adjacent to the new subdivision being built to the west and the applicant said he did not want to interfere with Beldon Hollow's screening plan so he didn't establish fencing requirements on his lots. Commissioner Byerly moved to approve the final plat. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 4. Case P-04-003 - PUBLIC HEARING - Replat of Lot 1, Block 1, The Bridges at Riverwalk, located the northeast corner of Glade Road and Riverwalk Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Planning & Zoning Commission Minutes - January 12, 2004 Page 2 of 10 Draft Copy #1 The commissioners entered into discussion about the mutual access easement that connects to Stonebridge Drive and the planned access onto Glade Road for the commercial lots. Clayton told the commissioners that there is a pending site plan on Lot 3 and the lots meet the requirements of the CN zoning district. David Hannah was present to represent the case. Commissioner Kelly asked if the existing residents were notified this was a commercial lot within the subdivision. Mr. Hannah said they were and he is the developer of both the residential and the commercial portions of the subdivision. He said he wants to develop the commercial lots immediately and will put in the utilities on Lot 3 when the plat is finalized. He said the design of the commercial buildings will also be European and compliment the residential development. He said the business owners will not be living at the commercial sites; the buildings will only be used for commercial purposes. Chairman Wall opened the public hearing. There was no one present wishing to speak and the public hearing was closed. Commissioner Culley moved to approve the replat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 5. Case P-04-004 - PUBLIC HEARING - Final Plat of Old Grove Addition, including a replat of Lots 44, 45, 46X and 47X, Block A, Whittier Heights Addition, 45.459 acres located south of John McCain Road, northwest of Westmont Chairman Wall made a statement that the Developer of Old Grove has filed an alleged ethics violation against him and he recused himself from the Commission for this item. He said that Vice Chairman Mark Jones would chair the item. The Commissioners took a break and reconvened the meeting at 8:00 p.m. Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. He explained the change in the traffic access throughout the subdivision and the elimination of an entrance for general traffic onto John McCain Road. He spoke about the traffic study and the proposed improvements to McDonwell School Road to help facilitate the traffic movement in the area. The commissioners entered into discussion about the proposed fire lane onto John McCain and the existing access for the residents of the Niedholt Addition. Vice Chairman Jones opened the public hearing. Those present wishing to speak were: Josh Coleman, 7204 John McCain Road, said he likes the change and it solved a problem. He asked the commissioners to consider passing recommendations that the fire line will permanently stay a fire lane, and the fire lane would be constructed of materials that are visibly Planning & Zoning Commission Minutes - January 12, 2004 Page 3 of 10 Draft Copy # 1 appealing. He said he is still concerned about drainage in the area and the impact all developments have on John McCain Road. Beth Battles, 101 John McCain Road, said the access onto John McCain has been resolved. Carol Parker, 105 W. John McCain Road, expressed concerns about losing trees to the creation of the fire lane, and asked questions about the design of the fire lane. She said that there needs to be reflectors in the area to deter people from missing the turn at John McCain Road. She also said she supports the plan. Grady Walker, 7309 John McCain Road, said they were able to achieve the best of both worlds. He said he believes the developer will address any concerns regarding landscaping. AI Zimm, 7209 John McCain Road, said he endorses the plan because there will be less traffic on John McCain. He said there is still a water problem and the subdivision will have an effect on his property. He requested that the water studies be closely looked at. There was no one else present wishing to speak, and the public hearing was closed. Eddie Eckart, Goodwin and Marshall, representing the developer, was present. He answered questions about the design of the fire lane and the developer's intent to create a fire lane that was landscaped and appealing. He said the details need to be worked out with the Fire Marshal. He said he hoped there is a better opportunity to save trees in the area by only having a fire access rather than a fully constructed street. He addressed questions about the left turn lane on McDonwell School Road. Barry LeBaron addressed questions about the permanency of the fire lane and told the commissioners that if any changes in the roadway designs were requested, it would require an amendment to the PUD and that would have to be considered by the Commission and Council with public hearings being held. Eddie Eckart said the developer requested changes in street names; because the subdivision is going back to the name of Old Grove and the approved street names reflected the theme and name of Emerson Estates. He addressed comments by Mr. Zimm regarding the drainage analysis. Commissioner Culley said there have been contentious meetings previously trying to develop the property, but they have been productive. He said he is satisfied that the surrounding citizens who spoke tonight were in favor of the changes. Commissioner Byerly moved to approve the final plat including the replat. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones Noes: None Chairman Wall returned to the Commission. Planning & Zoning Commission Minutes - January 12, 2004 Page 4 of 10 Draft Copy #1 6. Case P-04-006 - Minor Plat of Lot 1, Block 1, The Estate, 1.234 acres located at 2900 Glade Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He said the owner of the property wants to build a new house on the property then remove the existing house. The commissioners entered into discussion about the current accessory building on the property and the impact it would have on the future development of the property. The applicant, Robert Johnson, was present to represent the case. He said the accessory building will stay on the property and be located behind the new home. He said the accessory building is approximately 800 square feet in size and meets the size requirements for the square footage of the lot. Commissioner Jones moved to approve the minor plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 7. Case Z-04-001 - PUBLIC HEARING - An amendment to the PUD-C for the Village at Colleyville (0-02-1337.4) regarding security fencing and walls Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. Dee McNosky, the owner of the property at 5108 Pleasant Run Road, gave a history of how the requirement for a perimeter fence around her property came into being. She said they no longer needed the legislation because they will rely on the relationship they have with the developer and a natural screening would be decided on mutually between them. She said this will take the burden of enforcement off of the City. Jimmy Archie, Realty Capital, 32 Village Lane, said they plan on planting a natural landscape screen. Commissioner Culley asked Mr. Archie if the owners of the town homes being developed in the area will know about the proposed landscape screening. Mr. Archie said there is an existing four foot chain link fence and they will plant shrubs that will be six to eight feet tall and will present the plan to future buyers. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Commissioner Culley moved to recommend approval of the amendment to the PUD-C. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - January 12, 2004 Page 5 of 10 Draft Copy #1 8. Case Z-04-002 - PUBLIC HEARING - Zoning Change from CC1 to PUD-C Planned Unit Development Commercial on 1.96 acres located at 5217 Pleasant Run Road Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. He said there would be eight sites with future development of condominiums and an office center. He said a portion of the property is in the flood plain and when the property is platted the developer would be required to submit a drainage study. There was discussion about the property being marketed as a part of the Village of Colleyville and the reason the Village ordinance was not expanded to include this property. Mr. LeBaron said the proposed ordinance mirrors the Village at Colleyville ordinance. Tom Miller, applicant, was present to represent the case. He told the commissioners that he is also a general partner in the Village at Colleyville, and he intends to build his company office on this location. He said the marketing plan is the same as the Village at Colleyville and the property will also be developed as residential so as to not conflict with the concept of retail being located in the center of the Village at Colleyville with residential on the outer perimeters. Richard Myers, 300 Lloyd Circle, the developer of the Village at Colleyville, said he is in support of the request and imitation is the sincerest form of flattery. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Commissioner Culley said that with the idea that the subdivision would be planned and developed to coordinate with the Village at Colleyville and Richard Myers is in agreement, he would recommend approval. Commissioner Jones moved to recommend approval of the zoning change request. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 9. Case Z-04-003 - PUBLIC HEARING - Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He informed them that the recommendation for denial was due to the noncompliance with the Master Plan. The commissioners and staff entered into discussion about the location of the GCISD site that is adjacent where the developer proposes to have a fire access lane. There was discussion about the location of the elementary school entrance and the distance between that and the proposed entrance into the subdivision. Staff talked about the provisions in the Land Planning & Zoning Commission Minutes - January 12, 2004 Page 6 of 10 Draft Copy #1 Development Code that provide for offsite dedication of property in lieu of open space within a subdivision. Gary Cantrell, 3400 Glade Road, the applicant and developer, was present to represent the case. He said the property is not suited for commercial development because of the limited visibility along Colleyville Boulevard. He said he proposes that six of his residential lots will back up to 6 /'2 lots in Pecan Estates and the value of the homes he is proposing will be in the $300,000 range while the values in Pecan Estates are between $175,000 and $280,000. Mr. Cantrell distributed pictures of subdivisions in Colleyville that are comparable to what he is proposing. Mr. Cantrell informed the Commission about his conversations with the GCISD and how they have a meeting scheduled on January 27th to discuss his proposal to build a practice baseball field on the GCISD property. He said the perspective people who will purchase lots in Tuscany will not use open space and he will hire a landscape designer and architect to build the park on the GCISD property at the same time he builds the improvements for Tuscany. He said he will improve the existing fire lane on the GCISD property. Mr. Cantrell said his subdivision will generate $12 million in real tax base. He said this would not be a gated community, the baseball field would not be lighted, and he would add a parking area for the practice field so that people could drop their children off and pick them up. Chairman Wall opened the public hearing. Those present wishing to speak were: Jim Vaughan, 5812 Ponderosa, asked questions about a fencing plan on the north side of the development; ingress and egress for the school access; and deed restrictions. He talked about the traffic problems on Colleyville Boulevard and how this subdivision will exacerbate the problem. He said he doesn't want zero lot line homes with no green space and made comments about the amount of green space being proposed. He said he wanted the rear setback lines to be increased to 25'. Craig Stevens, Atlanta Drive, owner of Caliber Auto, asked questions about the design of the sanitary sewer and the drainage for the area. David Englehardt, 5808 Pond Court, spoke about the drainage at the entrance at Hardage and how the area is a low spot and floods. He said he had concerns about the lack of open space, the gravel roadway on the school site, the high density, and the lack of access to the school sight for the children who currently cross the property from Pecan Estates going to school. He said it would be dangerous for them to walk along Colleyville Boulevard. There was no one else wishing to speak, and Chairman Wall closed the public hearing. Commissioner Culley said as the City nears build-out, they will have to consider creative ways to develop property. He discussed the marketing plan with the developer and the future development of the property to provide for the targeted market. The developer, Gary Cantrell, entered into discussion with the commissioners about the open space concept and how the residents and also Colleyville residents will benefit from the improvements on the GCISD property. There was discussion about the potential increase in rear setbacks and the improvements that will be made to facilitate better drainage in the area. Planning & Zoning Commission Minutes - January 12, 2004 Page 7 of 10 Draft Copy # 1 They discussed how students currently cut through the vacant property to get to school and also the need for baseball practice fields in Colleyville. Commissioner Byerly expressed his desire to see commercial development in this area and the problems he saw with the PUD-R. He said his children attend Colleyville Elementary School and he does not want to see a subdivision emergency access on school property. He said that additional traffic to drop off and pick up children for practice fields will only make the traffic problem worse. Commissioner Jones said this is a unique parcel of land and the biggest issues with developing the property are not resolved. He spoke about the upcoming update to the Master Plan and how he is willing to recommend they table the case to allow the developer to come back with a plan after he meets with the GCISD. Commissioner Kelly spoke about the impact the widening of Highway 26 may have on the property and how the improvements of Colleyville Boulevard may change the future use. He said he felt changing the zoning of the property may be too premature at this time. Chairman Wall said he did not hear a consensus from the Commission and they can either table the case or deny the rezoning request. Commissioner Jones moved to table the rezoning request. Commissioner Culley seconded the motion. The vote being: Ayes: Culley, Jones, Wall Noes: Kelly, Byerly Commissioner Byerly moved to deny the rezoning request. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly Noes: Jones, Wall Commissioner Byerly asked that the rules be suspended so they could ask the developer to address the Commission. Gary Cantrell told the commissioners that he would rather table the case so that he has an opportunity to consider the comments that were made at the public hearing and re-present the case at the next meeting. Commissioner Culley moved to table the rezoning request. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 10. Case Z-04-005 - PUBLIC HEARING - Zoning Change from CN and AG to CC2 Shopping Center Commercial on 1.78 acres located at 3798 Glade Road Planning & Zoning Commission Minutes - January 12, 2004 Page 8 of 10 Draft Copy #1 Commissioner Byerly recused himself from the Commission's discussion of this item. He said there may be a potential conflict of interest since he represents a nearby property owner on the sale of her property. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He said the staff's recommendation for denial was due to technical non-compliance with the Master Plan. Derek Neubauer, owner and applicant, was present to represent the case. He said a portion of the property has been commercial for over twenty years and it is surrounded by three churches and neighborhoods. Chairman Wall opened the public hearing. Those present wishing to speak were: Ron Rickman, 3604 Cotswold, spoke in opposition. Terry Hansen, 4904 Prestwick Drive, spoke in opposition and said they already have every imaginable service within close distance and Colleyville needs to keep the integrity of property values and follow the 1999 Master Plan. Meg Davis, 3606 Lauren Place, spoke in opposition. Joel Hillman, 4900 Prestwick, spoke in opposition and mentioned the effect commercial would have on traffic and how this area is the gateway to residential communities. Bruce Miller, 3609 Wexford Court, spoke in opposition and said that 40% of his neighborhood is in opposition. He said that west of Walgreens the community enjoys churches and residential neighborhoods. Jim Sharp, 3609 Amberly Court, said he is strongly opposed to the zoning change. He explained how he moved back to area and chose Colleyville over Grapevine because of the way the communities have developed with Colleyville preserving the residential areas. He talked about traffic issues and the number of accidents in the area. Christy Kongsataya, 3605 Amberly Court, spoke in opposition. She said they lost the pasture land behind them to Target and there is now more noise, more concrete and this commercial development will add even more noise. She said people use her driveway to turn around in rather that turning around in the court. Reuben Huddleston, 4712 Prestwick Drive, spoke in opposition and said he has lived in the area for twelve to thirteen years and relied on the Master Plan. He spoke about the negative effect the development would have on traffic and he is opposed to commercial encroachment. Tom Pitts, 3605 Wexford Court, said he has taken an active role in the City and was a part of the Master Plan meetings. He said he is surprised the property is zoned CN because in all Master Plan maps the property is residential. He spoke about intersection improvements in the area and the problem access to this commercial development will create. He said he is opposed. Gary McKinsey, 4600 Prestwick Drive, said he is strongly opposed. He gave a history of St Mary's attempt to rezone their property. He said there have been four automobile accidents in Planning & Zoning Commission Minutes - January 12, 2004 Page 9 of 10 Draft Copy #1 front of Prestwick Park in the last twelve months. Tim Meeker, 3609 Winewood Place, spoke in opposition. He asked people who were in opposition of the zoning change to stand and asked the commissioners to deny the case and override one person's desire to make money. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Chairman Wall said the property was already zoned CN and he read the permitted uses in the CN Zoning District from the Land Development Code. Commissioner Culley said they can deny the zoning change because of the non-compliance with the Master Plan and he does not want to see a shopping center on the property. He encouraged the neighbors to continue their efforts to not allow the expanded uses since this is a transitional piece of property. Chairman Wall moved to recommend denial of the zoning change request. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Jones, Wall Noes: None 11. Discussion of the Master Plan Update: There was discussion about scheduling two work shop meetings prior to scheduling neighborhood meetings. There was also discussion about how other cities rezone property at the time they are updating their Master Plans. 12. Staff Comments, Reports and Discussion Items: There were none. 13. Commissioners' Comments and Reports: There were none. ADJOURNMENT The Commission adjourned the meeting at 11 :00 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 - January 12, 2004 Page 10 of 10 Draft Copy #1 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: January 26, 2004 Z-04-007 - Public Hearing - Zoning Change from R20 to PUD-C Planned Unit Development Commercial on Lot 1, Block 2, Thompson Terraces Addition located at 5001 Thompson Terrace STAFF REVIEW COMMENTS Thompson Terrace Limited Partnership is the owner and developer of an 11 ,650-square foot lot located at the northeast corner of Glade Road and Thompson Terrace. The owner has submitted a request to change the zoning on the property from R20 Single Family Residential to PUD-C Planned Unit Development Commercial. The surrounding property is both residential and commercial in nature. Properties to the west, across Thompson Terrace, are zoned CC1 and are developed as professional offices. Property to the south, across Glade Road, is zoned PUD-C and is developed as a small office complex. The property to the east, which fronts on Oak Timbers Court, is zoned R20 and is developed as a single family residence. The property to the north is also zoned R20 but is currently vacant. The Master Plan indicates that property to the immediate north, and all the property on Thompson Terrace, is anticipated to be developed for commercial uses in the future. The owner proposes to construct a 4,000 square foot 2-story professional office building on the site, predominantly occupied by the owner. The owners operate an architecture and interior design office, and they will occupy more than half of the building. The architectural style of the building is patterned after the storefronts of old Texas Main Street buildings. Drawings of the building elevations are attached. A landscape buffer is proposed on the east side of the lot to provide buffering and screening next to the adjacent residential properties. The owner is requesting a slight reduction from the required 13 parking spaces; there are 10 parking spaces proposed on the site. There is a large triangular-shaped parkway in the right-of-way between this property and Glade Road. The owner is considering submitting a Joint Use and Encroachment Agreement for consideration that allows the parking spaces to encroach slightly into this portion of the right-of-way. While the encroachment is not necessary, it would provide space for the building to be shifted farther away from the north property line. The Joint Use and Encroachment Agreement would be considered by the City Council at a later date, if it were submitted. Information and drawings from the applicant are attached. The owner requested a PUD-C zoning category in order to deal with development issues related to the adjacent property to the north. While the property to the north is intended to be developed as commercial property, it is currently a vacant lot zoned R20. Agenda Item No.1 - Page 1 Given the development along Thompson Terrace is planned and tending toward commercial uses, it is unlikely that a new house would be built on this property. Staff advised the developer to submit for a PUD-C to avoid the need to request multiple variances from the regulations of a standard zoning district. The PUD-C district will allow the Planning and Zoning Commission and City Council to draft specific requirements for this property that may include special conditions to allow appropriate development on the property. A draft copy of the ordinance is attached. Staff received one letter of support for the zoning change, but the letter contains two items of concern. One item is the number of parking spaces on the site, and the other item is the location of the trash collection area. This type of office development is generally expected to generate 11.57 trips per 1,000 square feet of floor area per day. Based on a typical workday, it is anticipated that the site would generate about five trips per hour, which the proposed parking should be able to accommodate. The PUD-C ordinance would allow those uses in the CPO and CN zoning districts, which typically have lower traffic and parking demands. Uses such as restaurants and retail stores, which have higher parking demands, could not locate in the building, as there would not be enough parking to accommodate those uses. Even if 13 parking spaces were provided instead of the 10 proposed, restaurants and retail stores could not locate in the building. Regarding the trash collection, the owner advised staff that a dumpster will not be used on site, and that the storage area for trash receptacles will be screened with a brick enclosure on the side of the building. Most other office uses in Colleyville do not have dumpsters. Trash is collected at curbside, similar to residential neighborhoods. The Land Development Code does not require that all commercial use provide a dumpster. 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. The Master Plan designates all the property on Thompson Terrace as commercial and retail property. 2. Surrounding Properties. Most of the surrounding properties are developed. A single-family residence is located east of the site. The property to the north, though zoned R20, is vacant. The other surrounding properties either are developed as or intended for commercial, retail, office and mixed-use development. 3. Development Trends. The long-term trend for this area is commercial and retail development. Property in the area is generally suitable for that type of development. 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 lots if necessary. Agenda Item No.1 - Page 2 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $18,000. The estimated City property tax revenue for the undeveloped property is $62 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. It is unlikely that the development would generate sales tax revenue, as most office uses are not subject to sales tax collection. However, it is possible that the office development would have an indirect positive effect on sales tax revenue through the owners and visitors shopping at local stores and restaurants. 7. Public Notification. Staff mailed notices to 14 adjacent property owners regarding this request. Notice was published in the Fori Worih Star-Telegram as required by state law and the Land Development Code. One letter has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: January 26, 2004 City Council: February 17 and March 2, 2004 RECOMMENDATION Approval ATTACHMENTS · Location Map · Zoning Map · Information and Drawings from Applicant · List of Property Owners Notified · Development Review Committee memorandum · Correspondence · Draft ordinance Prepared by: ("~1Ao." J. Clay n usband, AICP Development Coordinator Agenda Item No.1 - Page 3 , , j ! i,,1 .\1\. i ! ;s-i ~ , i I l ~c ,....:.1_'0,:: .. ~-. ~ _~L - ,0\' 1 \-'t-SS;'l19"" ~RO "6 ",o1l" v-' ~ ~ ~'l.~1()) Ll1017 . TR ...,. :.13 AC . . 37 38 35 34 .. 3' . oG~~ 'f..~ 1 ...... . TR.. TR .. .II'" TR3C .6, AC .75 At I 'oe TR 181A ... At 1 f.}:~. ..4 i7i:iP " u. . ';UA " . 3 ;<. ~ C t. .-~ ~-~ -,S~ 1.214 . ( . / I'''~~/ G~" \..\.." ~ \ ,..1" 7.... . 2 .. ~ "wt .. :O.,~ 7 ~ ~~~~ 7 . .. . 3 . " "'-. .P (' ) A. 'f '- - I , <..1 .~~.S' I .~, -t\,r, I · 12 G'll1S:'\tt~; .. 11 ,- "':"i.1 ('=1/,.;::,,"".;11,' r- .. . .471 . . :> ".'" .'\/ " " '" " 7 ..... . -----------"""---"-.------;- 1421 \4621 12 .. .' ..-'-. ("'\.. .--., 'r') /'~'; '" i i /" " / .-. "\\~' \\\" \,~~~~~ : 2~.:,J~ ~. .. s 1 ': ""':1 .. 3 Location Map & Area of Notification Case # Z-04-007 - Zoning Change from R20 to PUD-C w z~~ s: I'-- o o ~ o N I c.. CO ~ en c -- c o N REQUEST FOR REZONING: 5001 THOMPSON TERRACE VICINITY MAP Statement of Plannina Obiectives The proposed structure for 5001 Thompson Terrace shall be a predominantly owner-occupied professional service-oriented office building or approximately 4000 square feet. The proposed style of the building is "Texas Main Street Storefront" and shaH be clad in brick sporting large storefront window on the front and side elevations and retro styled canopy and exterior sconces. The old fashion Texas town look will be an appropriate and stylish fit for the City of CoIleyville's new and upgraded look. Because of the importance in Glade Road to the Colleyville traffic patterns. the building's proposed main elevation will face South towards Glade. A uni-directional ingress drive from Thompson Terrace will provide access to the building's parking with egress to Glade Road. Develooment Schedule Construction is anticipated to begin March 15, 2004 and be completed June 15, 2004. ZONING EXHiBiT FOR ZONING CHANGE REQUEST FROM R20 TO PUO 5001 'TI1onllson Terrace ColIeyvtlIe, TX 76034 12W2003 S1atement of ProDosed Ownershio Thomp,oD Terrace, LLP, Owner 1905 Central Suite Bedford, TX 76021 817.354.7661 $tatementofProDosedUtilities Water and Sewer: When: February 15, 2004 How: Tap main on Thompson Terrace Economic Develooment Information Building Area Estimated Sales per Year Estimated ad valorum taxes per Year 4300 S.F. $0 so ~ ~ *The anticipated use of this building will be for Professional Services and not Retail, therefore the ad valorum tax estimate of $0 Traffic lmoact Analvsis The proposed development has not been detennined to generate 1,000 or more vehicle trips per day by the Director of Public SelVices. ZONING EXHIBIT FOR ZONING CHANGE REQUEST FROM R2(l TO PUO 5001 'Thonllsoo Terrace Cdleyville. TX 76034 12J2312OO3 'r l I I -.J . 1 / -7 ~uu :T : 0-99-1141 g1lr ~ ; , ( C!.:e -1" - . MAIN ST L-.:::;;Q ( 1-- - . . '- (j]'\--u- \. 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"^'~~10 V I C T Y MAP N VICINITY MAP GRAPEVlN: HWY ACCESS TO VIl.I..AGE OF COllEYVlllE EXISTING COMMERCIAL PROPERlY DESIGNATIONS EXISTING RESIDENTIAl PROPERTY DESIGNATIONS KROGER SHOPPING CENTER 5001 THOMPSON TERRACE GLADE RO EXISTING COLt.lERClAL PROPERTY DESIGNATIONS AlBERTSONS SHOPPING CENTER ThomplOD Terrac:e, LLP, Owner 1905 Central Suite Bedford, TX 76021 817.354.7661 ZONING EXHIBIT FOR ZONING CHANGE REQUEST FROM R20 TO PlJO 5001 ~ Tllfl'8Ce CoIleyvi1le, TX76034 1212412003 8URVEY PLAT 'IIa1a is to CUUf7 tIlaf 1 -. _ _.. _ . --.fa1 .... _.u -...,. _ tloe c.- of .- lGaU4 u ... SIlOI ~ "I\lrrace. ta _ e:I..,. of Cone,.ule. _. . ..1.....iOc L. k Block ... Z. Ci..,. Block ... of ~ 'DIUaS. .. --- to _ Ci..,. ofColl.,YiUe. %arr_ -,..r~..~-..-~ IIop .....not -- ta To1- 388--11. u P_ 81, of tile IIop a.o.:on. of Tan_ eo...q.. _. ~ _ 1Aoceu4 fa . I~ EJ..d plaia _ par P1IK _.,. _ ... U439C0L9SIl 1_ X) IIop ~, ~ Z, 1m .~ -~. . . . '0 r 0 tG) 0) is: 0 m :Q .~ o THOMPSON (elf -'I,) TERRACE 'Ncar 100.0' ,~; ..... ~.~""" c" zr-u.o ~-----------------~---- I I I I I It I ~ .. l if I I I . -~---------------------- ff U1IITY _ SOUlH 100.0' IIM!:.L._ 1ItM:l' _ LOT 2 -~- LOr' 8.OCIc. 2 z ....Z ....c,S !"co CJt~ - " f'J1 . ~ --- --trPi. . . .. ......,.. ... . ",as. ....................... ........ .......... _..- --..-..-..""'-..--. - ...... ..... ........ - ~ ..... --., ....~....--... ........... ........ ~ ........ -...... - ...... 1IIU ...,. _ ........ .. ___...,. cilia ~ ....... ....... O3a06l69-Ul at .. .,.....-....uc _ _ ~.... ~ ~;,..,;,.:: ir-:.~.::.. -:a.. ea..-:.-=:::.... ..... .--:'~ ~ -.......... III............. _..... 1111--.. _ -.. ~.............-... ... Jt.a.. .......... ""... ....... ..... .. ....... ., .. tIaI, ... dM., ......... .... .,.... ~ .. ...... .' -... _ --.. .u. ---...... d. ~ .~f~~--=-"i ~~'~-. ~~~ 2D.(1 34'-5" ~a so o "1U1 o I rn ~ _0 * ~~ i ~ ~ i i-< ~ ill' it a*l ...D Ar- 1'0 ~.... f.f MI~l' . ". .'. ~~... . ~! !I~l. ...... .~;;.;r;;I".'...'.' .., I z: .c. . .......:" II . ~ '. :. -~ ~!l. !-< ~f ~l if IF ll~ '5!=: H it h !loil' -<~ Ii ii ~I f 1 1 ~ 101 tt z ~ C Z S i . ~ ,. ,. ~ II 11111 ~ 'Ill 'Ill III II l U liP (] III; Ii i Ii lill j n a Ul j j!i ~ - ~ JI~ lIi Jlij i Ll i~ ~~ I~ ; .' ...111 '. ~~~'.. ..' ~ ~~n~i ~~if~~ ~ibli dlIJ! iiS2 h aft ~~ ~a~~~ I~U~ O ~ JOBNAME THOMPSON TERRACE OFFICES 5001 lhompoon Terrace CoIerAIe. TX 76034 No. ~ -DIIa IIH ~() ~ Htm "a o . H . . _Xl '..1AMIIao """"o.L uoedwott.L ~oos S30l.:l.:l0 30~~31 NOSdnOHl 3WVN 80r ~ III B ~ ~ II: ~is \ S a IS !!i! :J .r.. ..-,1~ ri ~ ~ ~ I a 0 z l!! ~ 0 !~ z '" < g iii 'li 1! . I h H Ii 1l~ J1'5 ~~ 5) H H -~ ~1l fl5 i 0 ,3 ~! ~~ ",0 ....j '5" ~- ~i H ~~ ..;; c- ~~ ~i ...11 "'~ ....0 i ~-~ L ~.!! .0 ....~ "2 ~l ~! >- '" ~ .... :I: '" ii: >- Go o " Hit, . .1 il~ . . KOlIl. Xl. 'llIfAM1oo ooauO.ll108dwotu lllOS S3:>1.::I.::I0 3:>'v1:l~31. NOSdWOHl. 3MfN eor ~(-) ! a 0 z I!! ::> D .., i~ ~~ ~ ~ . 'Ii i C J I~ H r ~l .e'5 it .ll'i i[ =Il ~~ P 3 c" ~!!. E is ~~ ....j '5c ~- 8.1l H ~.E ...= is d H :a :z t:is 0 0 ~t ~ , - !~ - ,!~ > n IU Q CJ! --I II IU IU ~ ~.ll Cl > Ol (f) U ., U) 0 ~ C\.I .... :I: " De > Q. D 0 Robert D. Brothers 1704 Oak Knoll Drive Colleyville, TX 76034 Nicholas & Geoffrey Heitman 5000 Thompson Terrace Colleyville, TX 76034 Richard Family Limited Pamer 6220 Colleyville Blvd., Suite B Colleyville, TX 76034 B Rogers & G Rogers Rev Lv Tr 3712 Glade Road Colleyville, TX 76034 Tom Miller 5004 Thompson Terrace Colleyville, TX 76034 Thomas Miller 1407 Oak Knoll Drive Colleyville, TX 76034 Colleyville Monticello Ltd 2425 E. Southlake Blvd, Ste 150 Southlake, TX 76092 First Savings Bank, Fsb 503 E. Border Street Arlington, TX 76010 Glade Road Capital LLC 1009 Glade Road, Ste C Colleyville, TX 76034 La Plaza Wellness Center, Inc. 800 Village Park Drive Colleyville, TX 76034 Robert Salter Family Lp 5011 Bluebonnet Road Colleyville, TX 76034 Dale L. King Attn: Carol A King, Poa PO Box 371 Colleyville, TX 76034 Virginia & Richard Collins 5004 Oak Timbers Court Colleyville, TX 76034 Floyd & Billie Sue Latham PO Box 44 Colleyville, TX 76034 Sharon Smith, Applicant 1905 Centrail Drive, Ste 203 Bedford, TX 76021 Case Z-04-007 (Notices dated: January 16, 2004) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ;;;Y-- Planning &"'fIoning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE January 15,2004 FAX TO Sharon Smith FAX NO 817-540-1833 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-006 R20 to PUD-C - 5001 Thompson Terrace 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 PUD-C district and any conditions imposed by the Planning and Zoning Commission and City Council. Detailed review for compliance with the regulations will take place during the site plan/landscape plan and construction phases of the project. 2. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be forwarded to the applicant before the Planning and Zoning Commission meeting date. ZONING EXHIBIT DRAWING (PROPOSED SITE PLAN) 1. Provide a drawing showing the dimensions between the building and property lines. 2. The site plan indicates that seven (7) parking spaces will be provided for this site. Based on the size of the building, the required mnnber is thirteen (13) parking spaces. Will additional parking spaces be provided off-site, or is the request to allow the number proposed? 3. The property to the north is zoned R20 Single Family Residential. A 20-foot wide landscape buffer is required adjacent to this property. However, through discussions with the applicant, the proposed drawing will serve as a proposed alternative for this property based on the future land use plan. 4. Are any residential units proposed in the building? 100 Main Street- Colleyville, Texas 76034 -817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z~~06THOMPSONTERRACEPUD~ 5. The Land Development Code requires sidewalks along all public streets. A sidewalk is required on Thompson Terrace. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 5-feet wide. 6. The Land Development Code requires the construction of a hike and bike trail adjacent to this property's frontage on Glade Road. The trail is required to be 10-feet wide and must be constructed within the right-of-way for Glade Road. The trail must be constructed at the time building improvements are made to this property. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. 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 use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $640 per 1,000 square feet gross floor area for GENERAL OFFICE uses. $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 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not applicable for this property since the property is already a platted lot. If a subdivision plat were submitted that included this lot, this requirement may apply at that time. 3. PARKLAND DEDICATION. Parkland dedication fees are not applicable to this property since the property is already a platted lot. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, January 26, 2004, 7:00 p.m. Tuesday, February 17 and March 2,2004, 7:30 p.m. RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed , offering reasons why the requirement should be modified or waived, or acknowledging that the information in the comment has been understood PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-04-006 THOMPSON TERRACE PUD-C The above requested items must be submitted no later than noon on Wednesday, January 21, 2004 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx..us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE30F3 SHARON B. SMITH, Pc. Attorney At Law 1905 CENTRAL DRIVE, SUITE 203 BEDFORD, TEXAS 76021 (817) 354-7661 METRO (817) 267-5799 FAX(817) 540-1833 Memorandum To: J. Clayton Husband From: Sharon B. Smith Date: 1-22-2004 E-Mail: husbandc@ci.coIleyvilIe.tx.us Re: 2-04-006 R20 to PUD-C- 5001 Thompson Terrace Please allow this to serve as our response to your correspondence dated January 15, 2004. Mr. Thiel has indicated that he will be submitting a revised drawing as requested. Also note the following: I. There will be ten spaces. The actual office rental space will be approximately 3100 square feet. If necessary we will visit with the Spa regarding lease of off-site parking. 2. As the property to the North is currently a vacant lot with R-20 zoning we would suggest that if said property is requested to continue as R-20, then at such time we would plant a hedge to provide the noted buffer. Our current setback is a foot and if the adjacent lot is at a I-foot setoff, the buffer zone would be 19 feet total. 3. There will be no residential revised drawings. 4. We would like to agree to the hike and bike trail construction at such time as the tie-in for said trail becomes available as this would not be useable at this time. We have suggestions that we feel would be of benefit to all parties. Mr. Thiel has indicated that you will be forwarding me comments prior to Monday. I will be in depositions this afternoon and will contact you tomorrow or questions you might have. Thank you for your help. Jan IS U't 11:30a The Miller compan~ B17'tSBSS33 p.l January 19,2004 ECEIVE,n JAN 1 9 2004 U Jan Levy Phmning and Zoning Assistant City of CoJleyville 100 Main Street Colleyville, TX 76034 CITY OF COLLEyi/'LLE BY COMMUNITY DEVELOPMENT Re: 5001 Zoning Dear Ms. Levy, While I absolutely support commercial development on this property, the exhibit that I received regarding the re-zoning causes me a bit of concern. My two concerns arc as follows: 1) The office appears grossly undcr parked. The potential problem this creates is visible on Glade Rdjust one block east of the subject property. There is a new building that houses a salon. On a regular ha~is thi.~ salon has cars parked in the adjoining dirt lot and on the sidewalk. Kudos to the salon for growing its business, but the city needs to cnsure that a plan to provide adequate parking exists on future develupmenL As a neighbor to the future office at 500 I, T don't want unplanned cars parking in my spaces or on adjoining vacant dirt lots. 2) The planncd space for trash collcction (and the entire back of the bldg as it is currently oriented) will be very visible from Thompson Terrace, It seems that the better place for tra~h collection would be to the back (east) portion of the property. Aside from these issues, I completely SUPPOTt the commercial development of 500 I Thompson Terrace. Because the applicant is pursuing PUD zoning, 1 think these issues are appropriate to address at the P&Z level. While I have no knowledge regarding the applicilnts intended use, my solution to the problems I see would involve a basic redesign and reorientation of the prop<Jsed building. Sincerely, ~~ Tom Miller Owner 5000 Thompson Terrace & 5004 TI101I1p~ull Terrace PS - "Otlicially", at this time I do not support the rezoning of this property. 5004 Tl'U'''fJ>'''' T"mm' Colleyvllte. rexcs 76034 M..lro 817-498-6885 roll..,.... 800-4Yll.61185 Fox 1117-498-9933 www.themilrercompony.com ORDINANCE 0-04-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 LOT 1, BLOCK 2, THOMPSON TERRACES SUBDIVISION, FROM THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT 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 Sharon Smith on December 26, 2003, under Case No. Z-04-007; 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 "A", and described as Lot 1, Block 2, Thompson Terraces Subdivision, by changing the zoning of said property from the R20 Single Family Residental district 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 this Planned Unit Development - Commercial shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for the development of general office land uses. Ordinance 0-04-xxxx Page 2 of 6 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES The following land uses shall be permitted within this Planned Unit Development. a. All uses allowed in the CPO and CN zoning districts b. Any use in the CPO and CN 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 3. SITE PLANS a. Prior to the issuance of any building permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a site plan and landscape plan in accordance with the requirements of the Colleyville Land Development Code. b. The arrangement, location, footprint and elevations of buildings within the PUD-C may differ from that shown on the attached Exhibit "B" and Exhibit "C" and will be determined at time of site plan approval. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall the following minimum standards: a. Minimum Lot Size b. Building Line from a street c. Building Line (east side) d. Building Line (north side) e. Maximum Building Height none 25 feet 20 feet 5 feet 35 feet 5. LANDSCAPING AND PARKING 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. A landscape buffer shall not be required adjacent to the north property line of the building site. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-xxxx Page 3 of 6 c. A minimum of ten (10) parking spaces shall be provided on the building site. 6. SIDEWALKS AND TRAILS a. The developer shall construct a ten (10) foot concrete trail adjacent to Glade Road as required by the Colleyville Pathways Plan, unless funds are escrowed with the City for future construction of these improvements. b. The developer shall construct a five (5) foot wide sidewalk adjacent to Thompson Terrace, unless funds are escrowed with the City for future construction of these improvements. 7. OTHER a. 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 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-04-xxxx Page 4 of 6 CITY OF COLLEYVILLE Joe Hocutt Mayor .~ l'e./l:iIS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: January 26, 2004 Z-04-004 - Public Hearing - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard STAFF REVIEW COMMENTS The City of Colleyville is the owner of a 1.9-acre tract of land located at the southwest corner of Church Street and Colleyville Boulevard, across from the Town Center Colleyville development. The City Council directed staff to initiate rezoning procedures on this property to change the zoning from AG Agricultural to PUD-C Planned Unit Development Commercial. The City purchased the property in 1999 to secure future right-of-way for the realignment of Church Street. The entire property is not needed for right-of-way, and two parcels of developable land would remain after right-of-way dedication. The property is on the market to potential buyers. It is likely that the property would be easier to market and sell if the property were zoned commercially. A Planned Unit Development was proposed to restrict the future uses of the property to sales tax generating businesses. An exhibit showing the property is attached. The surrounding property is both residential and commercial in nature. Properties to the north and east are zoned CC2 and are developed as retail and commercial uses. Property to the south is zoned CC1 and is used as a medical office building. The property to the west is zoned AG and is used as a single family residence. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office and commercial type land uses. This request is consistent with the goals and objectives of the Master Plan, which designates this property and the properties on the south side of Church Street as future commercial and retail uses. Land Uses. The attached ordinance restricts the allowed land uses to those that generate sales tax. Examples include restaurants, retail stores, restaurants with drive- through service, and pharmacies. Platting. Since the property is not platted, the developer would have to submit a final plat for approval by the City. As part of the final plat, the developer would be required to dedicate the right-of-way for the realignment of Church Street and any additional right- of-way required for the widening of Colleyville Boulevard. Agenda Item No.2 - Page 1 Church Street Construction. The developer would be required to construct the portion of Church Street that runs through this property. Sidewalks and Trails. The developer of the property would be required to construct a 12%-foot wide concrete trail along the south side of Church Street, as required by the Colleyville Pathways Plan. A 5-foot wide sidewalk must also be constructed adjacent to Colleyville Boulevard. Screening. The ordinance requires that the developer construct a six-foot tall masonry screening wall adjacent to any common lot line with a residential property. Alcoholic Beverage Sales. The ordinance authorizes a special use permit for the sale of alcoholic beverages for on-premise consumption only. This provision was added to encourage restaurant development on the site. 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. Most of the surrounding properties are developed. A single-family residence is located west of the site. The other surrounding properties are either developed as or intended for commercial, retail, or office development. 3. Development Trends. The long-term trend for this area is commercial and retail development. Property in the area is generally suitable for that type of development. 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 lots if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $67,739. The estimated City property tax revenue for the undeveloped property is $235 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. The proposed zoning is designed to encourage development that generates sales tax revenue. 7. Public Notification. Staff mailed notices to 23 adjacent property owners regarding this request. A complimentary notice was sent to the Hidden Oaks homeowners association. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Agenda Item No.2 - Page 2 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: January 26,2004 City Council: February 17 and March 2, 2004 RECOMMENDATION Approval ATTACHMENTS · Location Map · Zoning Map · Property Information · List of Property Owners Notified · Draft ordinance Prepared by: Agenda Item No.2 - Page 3 - , ~ '.7 AC ! ! i i : I ~~! nj .': 'l\,Ji O~~~~ \' ,,~~i \.\l~~ ~,....\... Ii! ~~~O 7.~9~ . i I:: ': TR ICe 2t.f AC ...a...............e.o.__.~..... , . r : -," 111 1M : UO AC i . Ill" 10.. .. Ill" .... .. ... . ......._~-iE.....:":J.....................'l' ~ 10 2 7 J 21 . " \ 1 ig~ C" "\ \.I,. -C 6 : ~\~~Q\~,~'gq I ..~,,, rj nQ ~ ~} II~~.J i i' /-- '-~O,,~ ~\, .... ..." ,- ,- ~. ......~ ,~ S n~' ~-~ '" C'l 1 4." AC -"j ':tO~ # ", .." ~V-" 1,'})7r$). , w 'z j2 :~ ~ :' 2... , t ~ \1~ )4 ) ,I Jll 7112 . , ~ Ji~: / C"O , -~u.._;.l.._ \- \. "t- o '. 1 c 0 .. !d," . f. i./ ...\~r.t\. L ". ..'ro~l 'J..~5 I~-.-.. "'_. lb<ll((.< TII.....'.~""""" .. '.7.104 . L17 . Location Map & Area of Notification Case # Z-04-004 - Zoning Change from AG to PUD-C EXHIBIT A - ZONING MAP Site Property at~,~lle~ilfe'l13eaJward The subject property consists of 1.7 acres of land, located in the N. B. Looney , Survey. Abstract Number 937. The property is addressed as 5500 Colleyville Boulevard, and is currently zoned Agricultural. The tract of land has approximately 480 feet of frontage on Colleyville Boulevard and approximately 233 feet of frontage on Church Street. Thoroughfares: The City of ColI~yviUe is (lr<)posing the realignment of Church Street to a configuration that creates a ninety degree intersection at State Highway 26 and aligns with the continuation of Church Street on the east side of Colleyville Boulevard. Eighty f~,et of right-Of-way is required to accommodate the necessary width at this locidiort The Uind Development Code requires the ' adjacent properties to dedicat,eright-of-way and build one-half of thestre~t th~ugh this property. Additional right-of-way~djacent to S.tateHighwaY,,,2(i. ~l&L ,', also reqlJ!red:9ue to the proposedor~ca(tstrtlCtidff'and Widening of tAisniij"W~,l\"~ , An additional twenty of right-of-way is requited along the S. H.26 fronta~e..~ <,.' .:; . . ':_"'_':/__:;~i:~~_>::':<C" .'~., .-. " -. .~ .."', - ..~_;_~',~_.:=~... 1 . {- _.. _.,~."" .7' ,.;,,~..> :,"'.',",';.. .' ~ .~:. ""':':'.. .. t ". ~ , '~atting: The property is noteurrently ph:i~~d intQ:bUilding~lots:'TQ,Cl#~i:noda~Y " the Church Street realignmeo~. the property musfooplattedinfo tWdlotS. ; "tract '!A"'l.Ipon completion of the pr~~ng process wilt COfItainC),pp.foximately L1 acres. Tract'!~. will con,tainapproximately 0.4 acres. Theright~~way~~!~tion for S. H. 26 and for ColteyvilleBoulevard will consum~approximatelyO,3 acre$. . ". - ".""- .-. ,', , Zooing:The property is curren~YZ0A~~AgricUlturaL The Gityof Golleyville , intends to'.re.zone the property to~J~lanned. Un~ Development - Commercial (PUD-C). Tl)e.' proposed zoningoitf.inanoo,willliR1it-the two tracts to uses that will " primarily generate sales tax revenUes. " ' '. . < Proposed Re-aUgnmentof Church Street and Di'Visitiji of the 1.7 acre tract ":~- ( ". I ,,( I I' I I I I I 1 I ' '. . I I I . 'I I I 1 I I I 1 I I ~" f I , I r , ' I I " I I I I ' I Colleyville Boulevard LLC 2574 74th Street, Ste 210 Lubbock, TX 79423 Fred J Lee PO Box 1598 Duluth, GA 30096 Herman Smith & Co Ltd 1903 Central Dr., Ste 403 Bedford, TX 76021 Melvin & Martindale Ltd 8235 Douglas Ave., Ste 950 Dallas, TX 75225 Colonial Bank 8214 Westchester Dr Dallas, TX 75225 J T Corley 7310 Dominique Drive Dallas, TX 75214 Beasley Building Group 5401 Colleyville Blvd Colleyville, TX 76034 Bank of the West 2111 W. Airport Fwy Irving, TX 75062 First Baptist Church Colleyville 5405 Pleasant Run Road Colleyville, TX 76034 H E C Inc c/o Stanley W. Jordon, Pres 2000 Greenwood Drive Southlake, TX 76092 Valerie Hubbard 4723 Meandering Way Colleyville, TX 76034 Clifton D Hales PO Box 338 Colleyville, TX 76034 David Linton 1020 Switchyard Street Fort Worth, TX 76107 City of Colleyville 9001 Airport Fwy, Ste 675 Fort Worth, TX 76180 Colleyville Church of Christ 1008 Church Street Colleyville, TX 76034 Vincent & Linda Gaudi 1007 Hidden Oaks Court Colleyville, TX 76034 Michael & Ricka Moore 403 Marshall Road Southlake, TX 76092 Dennis & Susan Heffernan 5704 Hidden Oaks Drive Colleyville, TX 76034 Fredric & K Richmond 5607 Hidden Oaks Drive Colleyville, TX 76034 Terry & Dixie Leach 5605 Hidden Oaks Drive Colleyville, TX 76034 Kenneth & Estilita Kerkering 5603 Hidden Oaks Drive Colleyville, TX 76034 Min Kim 5601 Hidden Oaks Drive Colleyville, TX 76034 Eagle-Colleyville Towne Square Two Lincoln Centre 5420 LBJ Fwy, Ste 1280 Dallas, TX 75240 Comv/imentarv Covv To Hidden Oaks HOA Fred Richmond, President 5607 Hidden Oaks Drive Colleyville, TX 76034 Case Z-04-004 (Notices dated: January 16,2001./) According to the last published Tax Record, individuals who own property that is within the~M' of the proposed special use permitland-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 a- Planning &~ning Assistant ORDINANCE 0-04-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 A 1.9 ACRE TRACT OF LAND OUT OF THE N. B. LOONEY SURVEY, ABSTRACT 937, FROM THE AG AGRICULTURAL DISTRICT 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, this property is owned by the City of Colleyville and the City Council has directed staff to initiate the rezoning of this property under Case No. Z- 04-004; 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 "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the Agricultural district to the PUD-C Planned Unit Development Commercial district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT this Planned Unit Development - Commercial shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for retail land uses. Ordinance 0-04-xxxx Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES The list of permitted uses shall be limited to the following uses, as shown below: a. Hotel/Motel b. Bakery c. Meat & fish market d. Cafe, cafeteria & restaurant e. Restaurant with drive-thru service f. General retail sales g. Pharmacy / Drug Store h. Retail hardware store i. Book or stationary store j. Jewelry, camera, music store k. Florist shop I. Furniture store 3. PLATTING AND SITE PLANS a. 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 (minor) plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. The street and lot arrangement shall be generally consistent with that shown on Exhibit "C". b. Prior to the issuance of any building permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a site plan in accordance with the requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall the following minimum standards: a. Minimum Lot Size b. Building Line from a street c. Side Building Line d. Rear Building Line e. Maximum Building Height none 40 feet none (25' abutting residential) none (25' abutting residential) 35 feet Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-xxxx Page 3 of 4 5. OPEN SPACE AND LANDSCAPING a. Each 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. 6. SIDEWALKS AND TRAILS a. The developer shall construct a 12.5 foot concrete trail along south side of Church Street in conformance with the Colleyville Pathway's Plan. In addition, the developer shall construct a five (5) foot wide sidewalk adjacent to Colleyville Boulevard, unless funds are escrowed with the City for future construction of these improvements. 7. OTHER a. The developer of each individual commercial lot shall construct a six (6) foot tall masonry screening wall where the commercial lot abuts a residential lot. b. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. c. A Special Use Permit for Alcoholic Beverage Sales for on- premise consumption is hereby authorized for this property in conjunction with a restaurant use. d. This property is subject to the distance provisions as required by the Colleyville Code of Ordinances and Texas Alcoholic Beverage Code. 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. Ordinance 0-04-xxxx Page 4 of 4 Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. 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 ~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: January 26, 2004 Z-04-003 - Tabled Item - Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard UPDATE The Planning and Zoning Commission tabled this item at the January 12, 2004, meeting. The Commission discussed several issues related to the request, including the future use of the property, density, open space, and emergency access. At the meeting, the applicant stated he intended to approach the Grapevine-Colleyville ISD about improving a portion of their property that would serve as off-site open space for the residential development. Attached is a copy of the information submitted to the school district. STAFF REVIEW COMMENTS - 01/12/04 The Burton Family Partnership is the owner of an 8.78-acre parcel of property located on the west side of Colleyville Boulevard, immediately north of Colleyville Elementary School. The applicant, Gary Cantrell, has submitted a request to change the zoning on the property from CC1 Village Retail to PUD-R Planned Unit Development Residential. The owner is seeking a zoning change in order to develop the property as single family residences. The developer proposes to construct 35 single family lots, with lot sizes ranging from 6,600 square feet to 10,257 square feet. One street entrance is proposed on Colleyville Boulevard, with an emergency access provided through the Colleyville Elementary School property. Open space areas comprising 10,585 square feet are provided in the development. Though not part of this zoning request, there is an out-parcel located on the south side of the entrance to the subdivision, and the lot will remain zoned CC1. The subject property is currently vacant. The surrounding property is both single family residential and commercial in nature. Property to the north is zoned R20 and is developed as single family residences (Pecan Park Estates). Properties to the south and west are zoned AG Agricultural and are developed as public schools. The property immediately east of the site is zoned CC1 and is developed as an auto repair facility. The property across Colleyville Boulevard is AG and is the site of Bluebonnet Hills cemetery. Agenda Item No.3 - Page 1 The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office and commercial type land uses. This request is not consistent with the goals and objectives of the Master Plan. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher- density projects should be located near major street intersection or on smaller parcels that make less dense development economically difficult. Development of this site may be difficult due to its location and limited frontage on Colleyville Boulevard. The density of the proposed project is 3.98 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. The lots in the proposed development range in size from 6,600 square feet to 10,257 square feet. The proposed lot sizes, widths and depths are not consistent with PUD-R regulations. The developer is requesting that the lots be approved as shown on the zoning exhibit. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. This project only provides 2.77% (10,585 square feet) of open space within the project area. The open space consists mostly of a detention area, with two traffic islands located at the entrance. Based on the property size, this project is required to provide 76,508 square feet (1.75 acres) of open space. Secondary Access. The Land Development Code requires all subdivisions containing more than twelve lots to provide for two entryways into the development. The may provide one street access and one emergency access. This development proposes to construct an emergency access between lots 9 and 10, which will connect with a fire lane on the adjacent elementary school property. However, the fire lane is not a platted fire lane and could disappear if the school property were to redevelop. Furthermore, the fire lane on the school property is a gravel surface and does not meet current fire lane standards. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. There is an out parcel located at the entrance that will remain zoned CC1, and developer of that lot will be required to construct a 10-foot wide trail adjacent to Colleyville Boulevard. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for office and commercial type land uses. This request is not consistent with the goals and objectives of the Master Plan. Agenda Item No.3 - Page 2 2. Surrounding Properties. The surrounding properties are developed as single family neighborhoods, public schools and commercial uses. An automobile repair business is located at the entrance to the development. 3. Development Trends. Most of the properties in the immediate area are developed. In the Colleyville Boulevard area, commercial development is expected to continue. The entrance area of this project reflects this trend by leaving the lot adjacent to Colleyville Boulevard zoned for commercial and retail use. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 9.7-acre parcel, which includes the commercial lot shown on the zoning exhibit, is valued at $889,920. The estimated City property tax revenue for the undeveloped property is $3,091 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of 35 new houses could indirectly have a positive impact on sales tax revenue due to new residents shopping in Colleyville. 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. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 35 proposed residences would add 335 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to 21 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 to the reauest was received, and a copy of the letter is attached. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: January 12, 2004 City Council: February 3 and February 17, 2004 RECOMMENDATION Denial Agenda Item No.3-Page 3 ATTACHMENTS · Applicant's Letter to GCISD · Location Map · Zoning Map · Zoning Exhibit · Information from Applicant . List of Property Owners Notified · Correspondence · Draft Ordinance Prepared by: Agenda Item No.3 - Page 4 g a7-!J.-f!.. Cant7-ELL Co. J [fnc. Comme~aial cReal EUa.te fP. 0. !Box 96 C!ofUyui&, Clx 76034 cD{fi.a 817-571-#34 9ax 817-685-7739 CELEBRATING 20 YEARS January 22, 2004 Mr. Clayton Husband. AICP Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Z-04-003, Rezoning from CCI to PUD-R, 5850 Colleyville Blvd. Dear Mr. Husband: Enclosed is information presented to the Grapevine Colleyville ISD outlining the proposed park improvements on their property adjacent to TUSCANY. We have received a favorable response from the school district staff on our proposal. The staff is recommending approval to the Board of Trustees. This item has been placed on their next agenda for consideration. Please distribute this information to the Planning and Zoning Commission so they can review this proposal prior to the next meeting. Your cooperation is appreciated. Thank You, ~4- Gary Cantrell Encl: Letter Proposal dated 13 Jan 04 with Exhibits " ga't!J...!!' Cant'tE-LL Co., ilna. (!ommL~(!.id cRc.a1 cUaiE. !:P.O. !Box 96 ~ C7~ 76054 cDffi- 817-~71-4854 9ax 817-68~-T159 CELEBRATING 20 YEARS January 13,2004 Grapevine Colleyville ISD C/O Mr. Hank Johnson 3051 Ira E. Woods Avenue Grapevine, Texas 76051 Re: TUSCANY Subdivision Dear Mr. Johnson: . Our company is proposing to develop 35 residential lots adjacent to and north of Colleyville Elementary School as shown on the attached Exhibit "A". A copy of our "Statement of Planning Objectives" is attached for your review. Please note that it is our intention to supplement our open space in TUSCANY and to serve the public by designing and constructing park improvements on vacant land owned by our school district. The salient terms of our proposal to GCISD are outlined below: 1. Developer will hire a landscape architect to design a baseball and footbalVsoccer facility on vacant land owned by GCISD to the west of TUSCANY as generally outlined on the aerial as shown on Exhibit "B". 2. Developer will submit design and construction plans to GCISD Staff for approval. 3. Developer will pay for the materials and labor and serve as the General Contractor to construct the "age appropriate" facilities as approved (to include excavation, grass, sprinkler systems, backstops, fences, benches, parking lot, etc.) 4. GCISD will maintain the improvements after they are completed and accepted by GCISD. 5. Developer will improve existing ftre lanes currently serving the Elementary and Middle School on the northern perimeter to standards acceptable to the Colleyville Fire Marshall in exchange for the right to connect the TUSCANY emergency access easement between lots 9 and 10 to these fire lanes as shown on the attached Exhibits "A and "B". 6. Developer request the right to extend the existing 6 inch sanitary sewer line located east of the Elementary School to the north to serve TUSCANY as shown on Exhibit "C". If GCISD is interested in moving forward under these general terms, it is our intention to proceed with our zoning case at the Colleyville City Council and to seek the necessary approvals to start action. Please review the information provided in this letter and advise me or Mr. Mark Howe of your interest. We feel that constructing these amenities on your property in lieu of providing additional open space in TUSCANY will be a win-win for GCISD and the citizens. Thank you for your serious consideration of our proposal. S4~ /~antrell Encl: Statement of Planning Objectives Exhibit "A" Exhibit "B" Exhibit "C" , :' 'i'>.., I I I I I I b J : '1'/(\ l_ ( "', - '''' - I . I I I ,.,; I I~ I~ I. 0 ,r I::; II': '" r I... -..... I I'" ... .. : I I: ~:-: '~HI~ s~ ~ i!! I ~ : ~.; ~ 1."lw,,, o. ~ '!! ia Ita c.a: ':~III.. ... . r '" I~ ~~ J: :=-- r I" ~ ~ I I. :: \t 0 :~1r-i~ J J~ :;~ I l~ Lif . I :_oo=f--- .ows _ _ -~- -- ... . 'I ....- !;. . ~:r ....: 'tl '".~~ 1 s ;>--.., ,; / ~ '.;/ .....-- ; \....~., I . ... \ . \ ~ :--- ) ~ ~ ""-- . . ... .~~ -...~~ .;-. ... gi/ .. . '-'\t- ... ... . "" 0' ... . '" 0... ..... '- a..__.. .. ~I ,~ ) I II I i~ r-'~ I . - C- "!3 .,;... 0... """" , - - . , . , . ...... ... ~ ~ ... ..- ..... "", ...... , ... .~.Iio) ) ~ g~ ..... .. o ,. '0 '$' ~,.1Q..~ , ~ 111"" , U .. J " -( N ~ a ~ ~ ~ # '10" ~1tI1"~~..~ . 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'. o' ", " n~ I:~ I~~ rn : I~~ 1m 11m 5 M... r rl~~' ~ id 1.;% I.;;; . - . . ." '. =. . . .' I " .- -: :- . ~I ~I . ~ J(~l',~ . . 11"4~ )~:~,. J 1... I /I11"'~"IiI. =l- !il 4- ----..---+ "'" - ~ !II; .. ~ tj "'t "!:I~ ~ ~-= Ii! :0.. S ~ Ii! ... ...'" .. -~ ;S II:! . ~ !~Il; .~ I~ ~ ,m I ~ Q !!!Ie .. l'I:l" I,' 8 i!l ~ ".~!:!I :!II i!l till:! ="e-. tl t "t:i ~ a:.fj ~ tliII 10.... !Ii: ~ b ~ '!; ~ Ii! .. : , ;; . . . I ! f , I ! I , ! r Ii Iii.. ... ~~ ,~ ~~~~ .. , ,iu diU ,I ;a JI:= ,111.11,'1 "'1. ~ja II" Iii ~ I Statement of Planning Objectives for Tuscany Subdivision "CC" to "PD" Rezoning Request A Planned Development "PD" Residential Community Colleyville, Texas Introduction Gary Cantrell Co. Inc., being the applicant, hereby requests the property described herein to be rezoned from Community Commercial (CC) to a Planned Development (PD). The 8.935 acre tract ofland is proposed to be developed as 35 single-family lots and one (1) open space lot. The proposed subdivision will be known as TUSCANY. Project Location and Description The TUSCANY subdivision is located on the west side of Colleyville Blvd., adjacent and north of Colleyville Elementary School, and adjacent and west of Caliber Collision Auto Body Repair. Furthermore, it is adjacent to and south of Pecan Park Estates which is zoned R-20. The property is currently zoned "CC" Commercial and is located in the Nancy B. Looney Survey, Abstract Number 937 in the City of Colleyville, Tarrant County, Texas. The different land uses and zoning classifications of the surrounding properties have been taken into careful consideration in the overall creation of the land plan for TUSCANY. Typically, the "?8tll~01 bOQk: splution" for the appropriate use of an "infield tract" like this particular parcel would be: to use the property as multifamily housing. Since this is a transitional parcel ofland between commercial, school, and medium density residential, the appropriate land use according to most planning doctrines is to use this parcel for high density residential. However, since Colleyville does not have a multifamily district, the highest and best use for this land is single family residential on small lots. Ownership The property is currently owned by: Burton Family Trust, 418 E. Pipeline Rd., Hurst, Texas 76053 Proposed Site Zoning and Land Use The proposed zoning classification for TUSCANY is "PD" (Planned Development District: Single Family Residential). The proposed land use for TUSCANY is single family, detached residential units with a density of3.98 units per acre with 2.76% open space. 1 Development Concept The development concept of TUSCANY is to create a family oriented residential community offering the following features: I. The entryway is divided with an extra wide landscaped median at ColleyviIIe Blvd. 2. No fence is proposed immediately adjacent to ColleyviIIe Blvd. A masonry fence will be constructed to separate the commercial property from the residential property. 3. Trees, shrubs, and other extensive landscaping including irrigation will be placed within the open space area and in the entryway median. 4. The total open space is .243 Acres 5. A homeowners association will be organized to assure proper maintenance of the landscaped and irrigated areas, open space area, entry features, and enforcement of deed restrictions. Development Standards The development standards set forth for TUSCANY are compatible with the other ColleyvilIe Subdivisions like BRIDGES OF RIVERWALK, off Glade Rd and BIuebonne~'~-Q~E\VqS>P VILLAS, off McDonwell School Rd.; THE VILLAS AT CALDWELLS CREEK, off John McCain Rd.; and WESTMONT, offMcDonwell School Rd. Photos of these ColleyviIIe subdivisions are attached to this statement. These photos represent the same quality and character of our proposed TUSCANY. I. Minimwn Lot Size 6,600 sf 2. Minimwn Lot Width 60 ft 3. Minimwn Lot Depth 1 IO ft 4. Minimwn Floor Area 2,500 sf 5. Maximwn Height 35 feet / 2 Y2 stories 6. Minimwn Front Yard 20 ft 7. Minimwn Rear Yard IO ft 8. Minimwn Side Yard 5 ft 9. Minimwn Side yard Adjacent to Street 20 ft 10. Maximwn Residential Density 3.9 lots per acre 1 I. Masonry mailboxes shall be constructed by the homebuilder at the time of home construction. Mailboxes shall be constructed of the same masonry material as used for the front of the house. Homeowners Association A homeowners association will be established for this planned development. The responsibilities of the association will include maintenance of all landscaped and irrigated 2 areas, open space areas, entry features, and walls, and enforcement of the deed restrictions in order to maintain the quality and character of TUSCANY. Open Space It is the developers intention to supplement the open space in TUSCANY and to serve the public by designing and constructing park improvements on adjacent vacant land currently owned by the Grapevine Colleyville Independent School District (GCISD). We will agree on the appropriate amenities to be built on GCISD property that will be pleasant and agreeable to the public and homeowners in TUSCANY. These amenities will be constructed by the developer in lieu of providing additional open space in TUSCANY. This should be a win-win for GCISD, the citizens, and homeowners in TUSCANY. Roadways The streets inside TUSCANY will be public and will be owned by the City of Colleyville. All streets will be built to the design standards and specifications of the City ofColleyville. Appropriate inspection fees will be paid for the City's assurance of quality control. Emergency Access It is the developers plan to construct an emergency access road into TUSCANY between lots 9 and 10. This emergency access road will connect from the main entry road in TUSCANY tfl,tR.~ existi!J.gfire lane road/roads surrounding the elementary and the middle schodl.!!This acce's~Vroad will have a locked wrought iron gate which can be opened by the fire and police, but will have an open pedestrian gate available for foot traffic to and from the school and TUSCANY. This concept works great in the Summertree Subdivision, directly across from O.C. Taylor Elementry. Drainage The existing TUSCANY site drainage patterns are split into two general areas. Some of the property drains to the north into an existing sewer system in Colleyville Blvd. A storm water detention system will be placed within TUSCANY so as not to increase storm water runoff because of the development. All drainage systems will be designed in accordance with current City of Colleyville subdivision regulations. The City of Colleyville will be responsible for owning and maintaining all storm drainage systems. Water Distribution System There is an existing six-inch water line on the elementary school property south of this tract and there is an existing 12-inch water line extended to the tract parallel to 3 Colleyville Blvd. A six-inch water line will be constructed through the proposed development looping the water system from the existing water line on the elementary school site and the l2-inch line in Colleyville Blvd. Sanitary Sewer System There is an existing 6-inch sanitary sewer on the elementary school property south of the tract and an existing 6-inch sanitary sewer extended to the property from the south from Pecan Park Estates This entire development will drain to existing sewer systems. Development Schedule The TUSCANY subdivision will be developed in a single phase as shown on the Zoning Exhibit. The development will commence as soon as the final plat and construction plans are approved. We anticipate starting the lot development in August 04 and completion in February 05. Home building will start in the Spring of 05. Summary This development will consist of 35 residential lots and one open space lot with an overall density of3.98 lots/acre and an average lot size of approximately 7878 square feet. The total open space will be .243 acres. The home values within this development will be between $300,000 -$450,000. One commercial lot which is not a part of this rezoning request will front on Colleyville Blvd; this commercial lot will be between the elementary school and the entry way into TUSCANY. We respectfully request the City of Colleyville Planning and Zoning Commission and City Council consider and approve a change in zoning from "CC" Commercial to Planned Developm..ent purslJWlt to the criteria presented and discussed herein. We feel this use is the firg'h~s't and bY~t use for this parcel ofland. It will be a long time coming before this property will ever develop with its existing commercial zoning because of the small amount of frontage on Colleyville Blvd. and the extreme depth of this tract. It is my opinion that if this does not develop as single family, it will probably develop as a church site which will not contribute to the tax base. Furthennore, we all know more roof tops is the only way to encourage and support existing and future commercial development along Colleyville Blvd. This development as residential should be a ''win-win'' for the entire City of Colleyville. 4 Gary Cantrell Summary of Residential Development Projects Chandler Cantrell Property, Inc. Projects Completed: Highland Meadows Phase I (Colleyville) Summertree Phase I, II, and III (Colleyville) Arbor Estates II (Colleyville) Summerbrook (Colleyville) Summerbrook West (Colleyville) Caldwell's Creek (Colleyville) (Chandler and Cantrell Split interest during this time) Assembled and Sold Land: Hills of Monticello Phase I, II, and III (Colleyville) approx 150 Arbor Estates Phase I (Colleyville) approx 50 Fox Meadows (Colleyville) approx 75 104 lots 94 24 45 15 96 Gary Cantrell Co., Inc. Projects Completed as Limited Partner: Lonesome Dove Estates Phase I (Southlake) ,Projects Completed as General Partner: Cherry Grove Estates (Keller) Ember Oaks Phase II (NRH) Assembled and Sold Land: Rancho Serena (Keller) C~n~lw.ood fj~tes (Keller) Projects Currently under Construction as General Partner: Danbury Parks (Keller) Whispering Oaks (NRH) In Summary, since 1988, Gary Cantrell with different Partners and Partnerships has developed or assembled and sold the land for over 1000 exclusive residential lots in the Colleyville, Southlake, NRH, and Keller area. 76 44 38 approx 60 approx 42 56 37 / q:: Q) - Q) - ;S tIl I=: Q) ~ 0 - .s 0 0 .:Ei ..r:: 0 CJ - bI) CZl gf r2 Q) - :Q Q) "0 "0 0 - ;S .- 0 I=: S :::E - .g ---- Q) ~ .. - - Q) .- .- ;S t':l ~ .S 9 Q) u - - CZl ---- oS 0 :::J -d U E-< 2; 0 "0 "0 ~ ~ a Q) 0 tIl Q) ~ g 0 :::: g- .- ~ .. I=: Q) 8 - 0 s - .- Q) E 0 tIl - U .- iLl - .- - tIl '-' 0 Q) <+-< \0 U - 0 - N .- .. ;> 0 ~ Q) >. - .0 Q) ..8 .- - - - A.. ::r: t':l 0 U U TUSCANY will have the same lot size as BRIDGES OF RIVERW ALK Photo of RIVER WALK looking to the rear Same lot size as TUSCANY TUSCANY typical lot size - 60ft x 110ft TUSCANY will have same look as THE VILLAS, Except No Gates TUSCANY will have some of the same Builders as WESTMONT (in North ColIeyville) 0a7-!J.-I:. Cant7-ELL Co., [Inc. Co/n.i71.E.uoJ.a1 cReal E~ fPO !Box 96 t!oflzyuillz., Clx 76034 l!Jfft= 817-571-#34 9= 817-685-7739 CELEBRATING 20 YEARS December 31, 2003 '-' . ECEIVED DEe 3 1 2003 Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 100 Main Street Colleyville, TX 76034 CITY OF COllEYVllLE BY COMMUNITY DEVELOPMENT Re: Z-04-003, Rezoning from CCl to PUD-R, 5850 Colleyville Blvd Dear Mr. Husband: . The purpose of this letter is to address the comments in your Development Review Letter dated 29 Dec 03. General Information 1. Applicant will prepare a preliminary plat and final plat after the rezoning is approved. 2. Applicant is requesting a variance to the Master Plan because it is very improbable that this entire 9 acre site can ever be developed for commercial use because of the limited frontage along SH Hwy 26 and the extreme depth. Applicant feels the highest and best use for this property is a commercial lot fronting HWY 26 with residential in the rear behind the commercial lot Zonin!! Exhibit Drawin!! 1. Applicant has submitted the application as a formal request for a modification of the minimwn requirements of the PUD-R zoning district for this particular property. 2. Applicant has submitted the application as a formal request for a modification of the minimwn requirements for the private open space. In summary, applicant desires to design and construct park improvements on adjacent land owned by the G/C School District in lieu of providing more private open space in TUSCANY. 3. Applicant's engineer has drawn and labeled an emergency access easement on the zoning exhibit. Applicant understands that the connection to the school property will require approval from GCISD. Even though this emergency access easement has been discussed with GCISD, the approval is not docwnented at this time, so there is no Tarrant County Deed Record filing information available. 4. Applicant will comply with this requirement and will coordinate with Teague Nall and Perkins' engineer prior to the submittal of the preliminary plat. Other Information Applicant will pay appropriate Impact Fees and Parkland Fees when the final plat is approved. Sidewalks will be built along all interior streets when the homes are constructed. The 10 foot wide hike and bike trail along HWY 26 will be built when the commercial lot is developed. Please call me at 817-571-4834 if you have any questions. Thank you, ~~I1 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO December 29,2003 Gary Cantrell 817-685-7739 lackey Fluitt ~ 817-306-1555 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-003 CCI to PUD-R - 5850 Colleyville Boulevard 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. The zoning exhibit submitted does not meet the requirements of a Preliminary Plat. While a conceptual plan is acceptable for the zoning process, a preliminary plat and [mal plat will be required prior to development of the property. 2. The Colleyville Master Plan designates the future land use of this property as retail, office and commercial development. The zoning request is inconsistent with the Plan, and a recommendation for denial will be made to the Planning & Zoning Commission for technical non-compliance with the Plan. Only the Planning & Zoning Commission and City Council have the discretion to approve residential components in this area. ZONING EXHIBIT DRAWING 1. The residential lots in the proposed development do not meet the minimlUll requirements of the PUD-R zoning district. The information submitted with the application is acceptable as a formal request for a modification of the minimlUll requirements. The following table indicates the minimlUll requirements of the PUD- R district: MinimlUll Lot Size: 13,000 sq. ft. Front Building Line: 30 feet Average Lot Size: 16,000 sq. ft. Side Building Lines: 10 feet MinimlUll Lot Width: 100 feet Rear Building Line: 25 feet MinimlUll Lot Depth: 120 feet 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-003 TUSCANY PUD-R 2. The PUD-R regulations require that 20% of the project area be dedicated as private open space in the development. The proposed layout indicates that 2.77% open space is provided. The information submitted with the application is acceptable as a formal request for a modification of the minimum requirements. 3. A second entrance into the subdivision is required by the Land Development Code. The second entrance may serve as an emergency access, provided the pavement meets the minimum width and depth requirements of the Land Development Code. Show the easement or right-of-way on the plat. It appears that an easement may be shown on the south side of the development, connecting to the school property, but that area is not labeled. Any connection to the school property will require documentation that an easement was granted by the GCISD. Show the easement on the drawing with the applicable Tarrant County Deed Record filing information. 4. The right-of-way for Colleyville Boulevard needs to be verified. Tie down the existing right- of-way with monuments on the opposite side of the street. The right-of-way established for this roadway by TxDOT is 128 feet, however the amount of require dedication must be coordinated through TxDOT's engineer. Contact Michael Jones, with Teague Nall and Perkins, at 817-336-5773 or miones@tnp-online.com to discuss these requirements. OTHER INFORMATION 1. 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 or conditions contained in a City- Developer Agreement, if applicable. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 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 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property as this property fronts on State Highway 26. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the fmal plat. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. This property is also subject to the provision of the Colleyville Pathways Plan, which requires construction of a 10- foot wide PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-04-003 TUSCANY PUD-R hike and bike trail along Colleyville Boulevard. The developer is required to construct the trail or escrow an equivalent amount of money as part of the improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, January 12,2004, 7:00 p.m. Tuesday, February 3 and February 17, 2004, 7:30 p.m. RESUBMITTAL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived · 22 folded copies of the revised Zoning Exhibit drawing · one 8W' x 11" reduced copy of the revised exhibit The above requested items must be submitted no later than noon on Tuesday, January 6, 2004 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE30F3 Bluebonnet Hills Cemetery Attn: Debbie Leemunch PO Box 11250 New Orleans, LA 70181 Grapevine Colleyville ISD 3051 IraE. Woods Ave Grapevine, TX ;76051 Burton Family Prtnshp 20000 Renfro Drive Colleyville, TX 76034 Pro Co Paint and Body Inc PO Box 206 Colleyville, TX 76034 TX A&M Found Trust Co 401 George Bush Drive College Station, TX 77840 Janet Bro 2408 Woodbridge Way Schertz, TX 78154 Frank & Victoria Padilla 5910 Ponderosa Street Colleyville, TX 76034 Chris & Brenda Wander 5908 Ponderosa Street Colleyville, TX 76034 Robert & Diana McCormick 5906 Ponderosa Street Colleyville, TX 76034 Dan & Vikkie Chaney 5904 Ponderosa Street Colleyville, TX 76034 Michael & Karey Rodeffer 5902 Ponderosa Lane Colleyville, TX 76034 Roger & Mary Packer 5900 Ponderosa Street Colleyville, TX 76034 Jimmie & Donna Vaughan 5812 Ponderosa Street Colleyville, TX 76034 Terry & Christine Kress 6001 Park Court Colleyville, TX 76034 Kenneth Hein 5903 Ponderosa Street Colleyville, TX 76034 Daniel & Tresa Redmond 5905 Ponderosa Lane Colleyville, TX 76034 Robert & Kimberly McDaniel 5907 Ponderosa Street Colleyville, TX 76034 Alan & Beverly Chernoff 5810 Ponderosa Street Colleyville, TX 76034 David & Mary Engelhardt 5808 Ponderosa Street Colleyville, TX 76034 Kevin & Deanna Gavlak 5712 Ponderosa Court Colleyville, TX 76034 Stany & Suja Joseph 5709 Ponderosa Street Colleyville, TX 76034 Gary & Cynthia Singleton 60000 Ronna Court Colleyville, TX 76034 Burton Family Partnership 418 East Pipeline Road Hurst, TX 76053 Gary Cantrell, Applicant Gary Cantrell Company, Inc. PO Box 96 Colleyville, TX 76034 Case Z-04-002. (Notices dated: December 18, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I cert~fy that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy tV Planning & Z~ning Assistant Jan Levy From: Sent: To: Subject: ADPMCC@aol.com Sunday, December 21,20033:57 PM Jan Levy Zoning Change Regards recent notification of proposed zoning change, case # Z-04-003. r am strongly OPPOSED to the change. This lot backs up to our property Lot 17 of Pecan Estates. 1. There does not appear to be any street marked showing access to the rear of our property, which is a must to allow access to the schools. 2. The height of the proposed buildings is such that we will loose all privacy in our back yard, greatly depreciating the value of Our property. 3. r was under the impression that there was a half area lot minimum in Colleyville and NO Apartments allowed. Call these buildings what you want, but to me they are high dollar apartments and if someone is stupid enough to pay that kind of price for a zero lot line, high dollar piece of property r certainly don't want them living near me. r have lived here for over 20 years and am all for improvements, but this is against everything Colleyville used to stand for, we pride ourselves on nice properties on large lots and this to me is the beginning of the end. Before we know it you'll be building apartments and moving in homeless people. Sincerely. Diana McCormick ECEIVED' DEe 2 9 2003 CITY OF COLLEYVILLE BY COMMUNITY DEVELOPMENT ORDINANCE 0-04-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 8.78 ACRES OF LAND OUT OF THE NANCY B. LOONEY SURVEY, ABSTRACT 937, 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; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Gary Cantrell on December 15, 2003, under Case No. Z-04-003; 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 "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-04-xxxx Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Rear Building Line 6,600 square feet 60 feet 110 feet 20 feet 5 feet 10 feet b. The maximum number of single family lots allowed within this development shall be thirty-five (35) lots. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of 2.7 -percent of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-xxxx Page 3 of 4 property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 6. SIDEWALKS AND TRAILS a. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. b. The developer of Lot 1 shall construct a 10-foot wide hike and bike trail along Colleyville Boulevard at the same time building improvements are made on the lot, unless funds are escrowed with the City for future construction of the sidewalk. 7. SCREENING a. The developer shall construct a six (6) foot tall masonry fence along those property lines as shown in Exhibit "D". The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowners association shall maintain the fence. 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 0-04-xxxx Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. 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