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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-2/9/2004 ~ AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers -100 Main Street Monday, February 9, 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 PLEDGE OF ALLEGIANCE CITIZEN COMMENTS AGENDA ITEMS Commissioner Byerly 1. Case P-03-038 - Minor Plat of Allen Estates, 0.997 acres located at 1204 John McCain Road 2. Case P-04-007 - Minor Plat of Riverwalk at Colleyville, 2.729 acres located at the northwest corner of Glade Road and Riverwalk Drive 3. Case Z-04-008 - PUBLIC HEARING - Special Use Permit for an Accessory Building on Lot 5, Block 3, Highland Acres located at 305 Timberline Drive S. 4. Case Z-04-009 - PUBLIC HEARING - Zoning Change from R40 Single Family Residential to R20 Single Family Residential on Lot 5R1, D.P. Arrington Limited Subdivision located at 2016 Glade Road 5. Case Z-04-010 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center Commercial to PUD-R Planned Unit Development Residential on Lot 4R, Block 1, Centerpark Addition located south of Centerpark, east of Colleyville Boulevard 6. Case Z-04-011 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center Commercial to PU D-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard 7. Case Z-04-006 - PUBLIC HEARING - Amendment to Chapter 3 of the Land Development Code regarding movie theaters 8. Discussion of the Master Plan Update Planning and Zoning Commission Agenda - February 9. 2004 Page 1 of2 9. Staff Comments, Reports and Discussion Items: The following items were received on the last case submittal deadline: . Case Z-04-012 - Zoning Change from AG Agricultural to R20 Single Family Residential on 41.8 acres located at 909 John McCain Road . Case Z-04-013 - Zoning Change from AG Agricultural to R20 Single Family Residential on 9.8 acres located at 600 Shelton Drive . Case Z-04-005 - Zoning Change from AG Agricultural to CN Neighborhood Commercial on 0.29 acres located at 3798 Glade Road . Case P-04-008 - Replat of Lot 1R1, Block 1, O'Steen Addition located at 321 West McDonwell School Road . Case P-04-009 - Minor Plat of Lot 1, Block 1, Pleasant Run Baptist Church Addition located at 6001 Pleasant Run Road . Case P-04-010 - Minor Plat of Lot 12, Block 2, Heritage High School Addition located at the southwest corner of State Highway 121 and Gateway Drive . Case SP-04-003 - Site Plan and Landscape Plan for an office building located at 1116 Glade Road 10. Commissioners' Comments and Reports ADJOURNMENT I, Clayton Husband AICP, certify that this agenda was posted on the Bulletin Board at City Hall on Friday, Feb. 6, 2004 at 4:30 p.m. Planning and Zoning Commission Agenda - February 9, 2004 Page 2 of 2 .$ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: February 9, 2004 P-03-038 - Minor Plat of Allen Estates, 0.997 acres located at 1204 John McCain Road STAFF REVIEW COMMENTS Keith Allen is the owner of a parcel of land located on north side of John McCain Road, across from Shepherds Glen. The owner has submitted a Minor Plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create two lots for the construction of new single family residences. Zoning. The property is zoned R20 Single Family Residential. The R20 district requires a lot width of 100 feet, a lot depth of 125 feet, and a minimum lot area of 20,000 square feet. A zoning change to R20 was approved by the City Council on February 3, 2004. Right-of-Way Dedication. The owner is dedicating five feet right-of-way for Evans Road, which abuts the east side of this property. Evans Road requires a right-of-way of 50 feet, and the owner is dedicating the required right-of-way for this plat. Additional right-of-way would be dedicated on the opposite side of the street in the event a plat is submitted for that property. Sufficient right-of-way exists for John McCain Road at this location. Building Lines. The plat proposes a 20-foot building line on the east boundary of the plat, adjacent to Evans Road. The R20 district requires a 30-foot building line on all street sides. Evans Road is an unimproved street that serves two residences. The DRC is not opposed to the approval of a 20-foot building line for this lot. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since John McCain Road and Evans Road are considered unimproved streets and the plat contains more than one residential lot. The developer is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City. The amount due for this property, based on current ordinances, is $24,908.45. The owner has requested a waiver of this requirement from the City Council, which will consider this request on February 17, 2004. Sidewalks. The Land Development Code requires sidewalks along John McCain Road. The sidewalk must be constructed at the same time any new structures are built on the lots. The sidewalk must be at least 5-feet wide. Alternatively, the owner may escrow an equivalent amount of money for the future construction of the sidewalk at the time of building permit issuance Agenda Item No.l- Page 1 The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION Approval ATTACHMENTS · Location map · Plat · Development Review Committee memo · Applicant Response Letter Prepared by: ~.~ J. Clayto and, AICP Development Coordinator Agenda Item No.1-Page 2 ip ~l' ~.::~'~'/'- '-. \~~~~!s~ .~. ../;,~:~~ ,~. j ~ ' co\) \~ .'_. .--' - ~- '-' -'-, . '\ .. ~~.' ~r- .' -_. _ ." i \~;I' "'-' 11 ! \ ,..,.'" . I ',' i I 1\ (" '2> Cltt~~ I' I\ --I ~ \.. llg"~,\,,.'f10 \,:01.1 p\..t. I I'l ~\,:'I !' 1 M' ~~\031 c& 1 0,.1\ ~5 1ft ,.. ,. 3Y ~g~i'tl! f;~ CF. 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"EJI ~I i~ ili;l .i ~UU h I~UI i~ !ii~I~1 ~I ~~h ~ ffi~ ~ .~ ~ i. .~~h' ~~ .~~f' ~~ I~Mi gs ~~~i~~ u~ o~~. , ~ '!-'~' i ' ~ !~ 0 di~ ~ U mhi -..,., CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO December 15,2003 Keith Allen Jack Lyle Via mail ~ Via mail FROM Clayton Husband, AlCP, Development Coordinator SUBJECT P-03-038 Minor Plat - Allen Addition The Colleyville Development Review Committee (DRe) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. The name of the subdivision, Allen Addition, needs to be changed. There is already an Allen Addition in the city. Variations on the name, such as Allen Acres, Allen Estates, etc., would be acceptable. 2. The plat shows existing structures on the property. Will any of these buildings be removed in the future? If so, note on the plat which buildings will be removed and which will remain. 3. A 7.5-foot wide DRAINAGE AND UTIUTY EASEMENT needs to be added adjacent to the north property line of both lots, and adjacent to the west property line of Lot 1. 4. Show the area (square feet) of the property being dedicated as right-of-way. 5. The rights-of-way for John McCain Road and Evans Road need to be verified. Tie down the existing right-of-way with monuments on the opposite side of the street. Additional right-of- way dedication may be required depending upon the existing right-of-way width. 6. John McCain Road is classified as a Major Collector on the Master Thoroughfare Plan. A Major Collector requires an ultimate right-of-way of 75 feet. The required right-of-way dedication along the frontage of the property is 37.5-feet from the centerline of the existing right-of-way. 7. Evans Road is classified as a Residential Street on the Master Thuroughfare Plan. A Residential Street requires an ultimate right-of-way width of 50 feet. The required right-of- way dedication along the frontage of the property is 25-feet from the centerline of the existing right-of-way. Show the dedication on the plat drawing. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-03-038 ALLEN ADDITION 8. The building line along Evans Road appears to be mislabeled. The required building line is 30 feet. 9. There is one minor error in the metes and bounds description. The word "foot" is misspelled in the third call. Revise the plat accordingly. 10. The approval block on the plat needs to be revised as shown below. PLANNING AND ZONING COMMISSION APPROVAL WHEREAS The Planning and Zoning Commission of 1l1e City of CoIleyviIIe, Texas voted affinnatively on this _ day of 20_, to approve this Plat Chairman, Planning and Zoning Commission Attest Secretary, Planning and Zoning Commission OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the final plat. Since one new vacant lot is being created by this plat, the payment of parkland dedication fees is required for this development. The fee for single-family residential development is $1,802 per new lot. The fee must be paid before the plat is recorded with the County Clerks Office. A formal assessment of parkland dedication fees will be provided upon approval of the plat. The fee for this plat is $1.802. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since John McCain Road and Evans Road are considered unimproved streets and the plat contains more than one residential lot. The lot that contains the existing house is exempt from this requirement, but the new lot is not exempt. The developer is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City before the issuance of a building permit. Ordinance 0-01-1314 established a base linear foot fee of $13 8.78, with the actual escrow amount being percentage of the total cost based upon the actual street frontage. The amount due for this property is $24,908.45. The owner may request a waiver of this requirement from the City Council. Please contact the Community Development Department for information on this requirement. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-03-038 ALLEN ADDITION SEWER $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Applicable to the new vacant lot created by this plat. $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. ROADWAY WATER 4. SIDEWALKS. The Land Development Code requires sidewalks along John McCain Road. The sidewalk must be constructed at the same time any new structures are built on the lots. The sidewalk must be at least 5-feet wide. Alternatively, the owner may escrow an equivalent amount of money for the future construction of the sidewalk at the time of building permit ISSuance PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, January 26, 2004, 7:00 p.m. (pending approval of zoning change) not required 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: . 10 folded copies of the revised Minor Plat drawing . one 8 W' x 11" reduced copy of the revised exhibit . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised dfawings must be submitted no later than Tuesday, January 20, 2004 in order to make the scheduled hearings. Please contact me at 817-503-1054 or husbandc<i'i!ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE30F 3 RfCEIVE1D LJ~AN_~~2004.J CITY Of COLLEVVILLE BY COMMUNITY DEVElOPMENT January 13, 2004 Mr. Clayton Husband, AICP Development Coordinator Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Allen Estates Addition Plat Resubmittal Dear Mr. Husband: This letter is hereby submitted in response to your requirement in your plat review letter of December 15 that we document the changes that we have made and that we state any requests that a requirement be modified or waived. For clarity and convenience, we have used your headings and your item numbering in this response. PLAT DRAWING 1. The name of the subdivision has been changed from Allen Addition to Allen Estates. 2. All of the existing structures on the property will be removed and are so noted. 3. We have added a 7.5 foot wide DRAINAGE AND UTILITY EASEMENT along the north side of both lots and along the west line of Lot 1 as requested. 4. There is no dedication to be made along John McCain. 5. The existing right-of-way on John McCain adjacent to and west of our property is 75 feet. Our right-of-way line lines up with the south line of the Evans Addition which is already platted to our east and with the dedication line of Paradigm Estates, which is platted to our west. 6. Our south line is 37.5 from the centerline of John McCain Road. 7. Evans Road is a platted, dedicated 30-foot wide right-of-way approved and accepted by the City of Colleyville as a 30-foot wide right-of-way in 1978. The plat of the addition gives the City a 15-foot wide roadway easement along this road. Our tract was not part of this plat so the City's rights in Evans Road along our property consist of a dedicated 30 foot right-of-way with a 15 foot roadway easement along the east side of the road. This road is presently - and has been since 1978 - a dirt and gravel lane serving two properties. The roadway is not improved nor maintained by the City. Rather, it is maintained by two private owners who jointly spread gravel, as needed each year. We have no need for the City to improve this drive. In addition, dedicating right-of-way 25' from the centerline of the existing right-of. way has such a negative impact on our property that it will be very difficult to fit the two homes we had hoped to construct on these lots. Therefore, we propose the compromise as shown on the resubmitted plat; we will dedicate 5 feet of right of way and grant a 5-foot utility and road easement. This allows us to start our building setback line 5 feet farther east and will allow the planned house to fit on this lot. It also still gives the city 50' of right-of-way as requested, plus an additional 5' of easement, allowing the city more than adequate space to meet the requirements set forth. 8. The building line along Evans Road is a side building line and should not be 30 feet. Both lots will address on John McCain Road. 9. The typo in the word "foot" in the legal description has been corrected. 10 The approval block on the plat has been revised as requested. Owner comments: I request the acceptance of this plat, so that this property can maintain enough size to fit the homes proposed for these lots. Property in Colleyville is so expensive, and in order to leverage that extremely high land cost, one is forced to build an "over- sized" home requiring an adequate amount of space and frontage. It is also necessary to build a home of proper size and scale, so that it is comparable to the size, style, and value of the other homes in the area. To take additional space from this property for dedication for a road that does not exist now, and will most likely never exist would be penal at best, especially when there is already 45' already at the cities disposal. It also would be very penal to require that fees be collected on behalf of improving such a road; a road that is maintained by private citizens, and has been before and since 1978. Although this area was platted in 1978, it has never been acted upon, while this property has changed hands, and the surrounding area has since been changed. I respectfully request that this plat be accepted on the merits of the property, and that we have met the requirements of the city of Colleyville, and lastly to recognize the additional tax revenue that will be collected by allowing us to construct two 4000 square foot homes on this currently unused sight. 1If~ cce~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: February 9, 2004 P-04-007 - Minor Plat of Riverwalk at Colleyville, 2.729 acres located at the northwest corner of Glade Road and Riverwalk Drive STAFF REVIEW COMMENTS RCP Glade Road Ltd. is the owner of a parcel of land located on north side of Glade Road, immediately west of Riverwalk Drive. The owner has submitted a Minor Plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create two lots, one of which is for the construction of a new office building. Zoning. This property is zoned PUD-R, which was approved by Ordinance No. 0-00- 1210. The PUD-R district allows up to 10 acres of commercial use areas within the boundaries of the district. The area along Glade Road was designated for uses allowed in the CN Neighborhood Commercial zoning district. Right-of-Way Dedication. This property fronts on Glade Road, classified as a Minor Arterial on the Master Thoroughfare Plan. A Minor Arterial roadway requires a total right-of-way width of 95 feet. The owner is dedicating 24 feet of right-of-way on this plat to comply with the requirements of the Master Thoroughfare Plan. Access Easement. The plat includes a 24-foot wide access easement across the front of both lots. The easement is provided to allow cross-access between the lots and access to the drive approaches on Glade Road. The number of drive approaches on Glade Road is limited, and the access easement will ensure that all lots have access to the street. Sidewalks and Trails. The Land Development Code requires the construction of a 10- foot wide hike and bike trail adjacent to Glade Road. The trail must be constructed at the same time any new structures are built on the lots. In addition, a 12Y2-foot wide trail must be constructed adjacent to Riverwalk Drive. Alternatively, the owner may escrow an equivalent amount of money for the future construction of the sidewalk at the time of building permit issuance. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION Approval Agenda Item No.2-Page 1 ATTACHMENTS · Location map · Plat · Development Review Committee memo · Applicant Response Letter Prepared by: J.cla~~~~ Development Coordinator Agenda Item No.2 - Page 2 R-20 5100 1305 1301 1412 5017 5008 5013 5005 1416 13q 1315 -4712 1313 4112 13U3 4108 1304 1300- 1312 4612 13m 4605 Location Map Case # P-04-007 - The Riverwalk at Colleyville - Minor Plat i:LI '" N~ ~ ~~ ~~ ~::J >-0 ~1!l.O [{l~~ ..",U ~!5;z; ~e~ ~~~ ~~::<: :::i~... i ~~ 3~ f-o~ .,..J o~ ~s;: ~i:LI ~ ~ ,..J <5 u III tf1iif{f "mil II J. iIIilhf( · {t.~ "1' 1 il'bl!U1Ji t 1 I f t'lft I II i Hillfllb{ ~ I i liHhlUt!{ ~ ~nn~n"e I ~i!I~li{td i d ~ ~dlhrh!t J h" J t '. . I · =. ~ ,,- t.. ~ ... n.!.; J rfl~ll If ~i ]! Iii! !1 I' !I! ii ~::; ~ mH; n H ill H.! n ~U ~u j! h!: f ~IIHl it H j!~!HI '~fjl ;ll II Ii '! 1 1\1111 II it 1'111 !ill! tllil Hi Ii! H i~ I lJllit II ~. 1: "ht 31 U. "1 I!I Ii Ii 2 iliiii ii i il;' m llljl ii !Ii l!]~ tll! II, ~il i;j ,t.,!. I'. ' I,' ln,l t. I.. t! 'Ill "1' 1 - .ml' if i ~I~ !ji 1Ht; il m ~il :. 11h l' ~i : I : kill I' t fli 1,1 'll'i I! l" I" ,.11 ,-. ,1 E ! H ~1!1!~d i! ! ui it! hl!~ I~ in !ih ~li i Iii Ih il ! 8 ! L lu! .i ! bt ,11 ! II 111 · {II .P "I J . iii l 1)1 I i 'J I r J f - -f~n ael I r . ill I! " I II f1 't ~, h 'j lr II !j In I 11 ! .I III~ !n " ! I" II _l -- I 'I ,l!- - - I' , I' I I' I I I! ! I II ii~ II ~ 1 !!l I II i II I~ '1 I. I !i . " U l! !b ~5 i III . , I "& 1:1 ill ":i I " hl f II ~4- i~ I !Il! . I ~n . i II . . []D~ U I . i IDll :1 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE January 30, 2004 FAX TO FAX NO Tom Wouters Konstantine Bakintas 817-424-2448 ~ 817-338-9245 FROM Clayton Husband, AICP, Development Coordinator SUBJECT P-04-007 Minor Plat - Riverwalk at Colleyville The Colleyville Development Review Committee (DRe) has reviewed your plat request submitted to this office. Th.e following comments are for your considemtion. PLAT DRAWING 1. Renumber the lots and blocks to the following: Lots 2 and 3, Block 2. Revise the title block and dedication statement with these new numbers also. 2. The right-of-way for Glade Road needs to be verified. Tie down the existing right-of-way with monuments on the opposite side of the street. The required right-of-way established for this roadway at this location by Master Thoroughfare Plan is 95 feet. The required right-of- way dedication along the frontage of the property is 47.5-feet from the centerline of the existing right-of-way. 3. This property is zoned PUD-R, which requires a 30 foot front building line. Revise the building line accordingly. The building line should be measured from the new property line after any right-of-way dedication. \ 4. The signature block for the mayor and city secretary may be removed from the plat. This plat only requires approval by the Planning and Zoning Commission. 5. The Owner's Dedication statement needs to be revised on the plat. The required language is shown below. That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-04-007 RIVERWALK AT COLLEYVILLE these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. ENGINEERING CONSTRUCTION PLANS The engineering construction plans are under review by the Engineering Department, Fire Department and Public Works Department. Comments will be noted on a marked-up set of prints, and the applicant will be notified when the prints are ready to be picked up from City offices. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-503-1090. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the final plat. Since new vacant commercial lots are being created by this plat, the payment of parkland dedication fees is required for this development. The fee for commercial development is $800 per acre. The fee must be paid before the plat is recorded with the County Clerks Office. A formal assessment of parkland dedication fees will be provided upon approval of the plat. The fee for this plat is $2.183.20. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required per the City-Developer Agreement approved by the City Council on August 20, 2002. Roadway impact fees will be collected in lieu of perimeter street improvement escrow. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. SEWER $790 per 1,000 square feet gross floor area for GENERAL OFFICE uses. $2,582 per 1,000 square feet gross floor area for MEDlCALlDENT AL 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. ROADWAY WATER 4. SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Glade Road and Riverwalk Drive. The Pathways Plan requires a 10-foot wide trail along Glade Road and a 12lf2-footnwide trail along Riverwalk Drive. The developer is required to construct the trail as part of the improvements for this property. This requirement was also specified in the PUD ordinance for this property. PAGE 20F3 DEVELOPMENT REVIEW COMMITTEE P~4-007 R1VERWALK AT COLLEYVILLE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 9, 2004, 7:00 p.m. not required 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: · 10 folded copies of the revised Final Plat drawing · one 8 W' x 11" reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than Wednesday, February 4, 2004 in order to make the scheduled hearings. Please contact me at 817-503-1054 or husbandc<ii!ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMlnEE PAGE 3 oF3 Baird, Hampton & Brown, Inc. ~5~ Engineering & Surveying February 4, 2004 Clayton Husband, AICP, Development Director City of Colleyville, Texas 100 Main Street Colleyville, TX 76034 Tel: (817) 503-1050 Fax: (817) 503-1059 RE: Riverwalk at Colleyville Plat comments Dear Mr. Husband: The comments which were received in my office have been addressed per the following: 1. Lot and Block numbers have been revised per comment. 2. Right-of-way for Glade Road has been verified and dedicated per city comment. 3. Zoning and building line added per city comment. 4. Signature block has been modified per city comment. 5. Owners dedication has been revised per city comment. If you have any questions or comments please feel free to call anytime. Sincerely: BAIRD, HAMPTON & BROWN, INC. John Margotta S.I.T. 309W. 7th Street, Suite 500 Fort Worth, Texas 76102 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com ORDINANCE 0-00-1210 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 23.709 ACRES OUT OF THE J.L. LOONEY SURVEY, A-936, TRACTS 3B, 3B1, 3C, AND 4A FROM THE R20 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by David Whisenant on January 28, 2000, under Case No. Z-00-011; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens 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 Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the R20 (Single Family Residential) district to the PUD-R (Planned Unit Development- Residential) district together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are Ordinance 0-00-1210 Page 2 of 5 incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development. constructed at an approximate density of 3.2 dwelling units per acre, and commercial development comprising 2.92t acres b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations, and other land development ordinances, except where amended by this ordinance. 2. RESIDENTIAL. LOT REQUIREMENTS AND SETBACKS a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line h. Rear Building Line for Westernmost Lots 6,331 square feet 7,666 square feet 60 feet 115 feet 20 feet 2 feet (one side) & 8 feet (other side) 10 feet 25 feet 3. NON-RESIDENTIAL. USES. LOT REQUIREMENTS AND SETBACKS a. All non-residential lots shall conform to the minimum standards of the CN Neighborhood Commercial zoning district. The building design score of all commercial buildings in this PUD-R shall be 30 points. b. The uses allowed in the non-residential portion of this PUD-R shall conform to the requirements of the CN Neighborhood Commercial zoning district. c, The minimum square footage of the houses constructed in this development shall conform to the following requirements: Ordinance 0-00-1210 Page 3 of 5 1) Ten (10) lots shall have houses with a minimum square footage of two thousand eight hundred (2,800) square feet. 2) Ten (10) lots shall have houses with a minimum square footage of three thousand two hundred (3,200) square feet. 3) Forty-eight (48) lots shall have houses with a minimum square footage of three thousand (3,000) square feet. 4. OPEN SPACE AND LANDSCAPING a. This development shall provide a minimum of 20% common open space for the leisure use of the development's residents. The open space shall comply with the provisions contained in the Zoning Ordinance, and shall be landscaped. b. The office development landscaping shall conform to the landscaping requirements contained in the Zoning Ordinance. 5. SCREENING a. A screening wall shall be required between the office and residential areas. A screening wall eight (8) feet in height shall be constructed along the west property line of the commercial lots. A screening wall six (6) feet in height shall be constructed along the north property line of the commercial lots. b. A screening fence shall be required along this property's western property line. The fence shall be a minimum of eight (8) feet in height, and shall be constructed of double-faced wood panels attached to metal posts, with a 6-inch concrete curb and brick columns constructed on 24-foot centers. c. A screening fence shall be constructed along the property's frontage on Riverwalk Drive. The screening fence may be of variable height, and shall be constructed of a combination of brick, stone, and/or wrought iron. 6. SIDEWALKS AND TRAILS The developer shall construct the portion of the City trail system adjacent to this property. A ten-(10) foot wide trail shall be constructed along this property's frontage on Glade Road. A twelve and one-half (12Y2) foot wide trail shall be constructed along this property's frontage on Riverwalk Drive. The trail shall be constructed according to City trail standards and specifications. Ordinance 0-00-1210 Page 4 of 5 7. PLATTING The developer shall submit a final plat of the property in accordance with Section 2 C of the Colleyville Subdivision Regulations. The conceptual site plan attached as Exhibit C to this ordinance shall constitute the preliminary plan. 8. OTHER a. Offsets and credits against impact fees for water, wastewater and roadways shall be provided as allowed by the Colleyville Subdivision Regulations. b. Storm water detention shall be required for this site. This development shall provide a minimum of eight (8) acre-feet of storm water detention. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. ne fir;>t reading and public hearing being conducted on the 2/6.f day of Mdrth. , 2000. T~ second reading and public hearing being conducted on the 4 ~ day of t1f1n 1_, 2000. ATTEST: tJ~ J an Harris, CMC ity Secretary CITY OF COLLEYVILLE: Dt;;J~ Mayor Ordinance 0-00-1"210 Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: ~-z:L Ross {-FosCr City Attorney .~"-'/~'D ~.. 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' t" ~:<:t1 low J ~ .r::-:---i..:J-~~' I, rJ1'$oj ~"". : ~ ~t;': 1;' 5 ,,- ,u_ .e.. ~ j /. I -r........ ~. . . RI III . . ... ...... - 8~: I UJ?-- , , . ~':r ~ .. f- .. - Exhibit A - Zoning Map - - PROPERTY Description BEING all that certain tract, parcel, or lot of land located in the J. L. LOONEY SURVEY, Abstract NO.936, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point in the centerline of Glade Road; Thence N 00 degrees 05 minutes 01 seconds W, 13J4.50 feet to a point; Thence S 89 degrees 38 minutes 36 seconds E, 262.89 feet to a point Thence S 89 degrees 38 minutes 44 seconds E, 127.12 feet to a point; Thence S 89 degrees 51 minutes 33 seconds E, 389.96 feet to a point; Thence S 00 degrees 01 minutes 21 seconds E, 1316.90 feet to a point; Thence N 89 degrees 20 minutes 42 seconds W, 388.58 feet to a point; Thence S 00 degrees 05 minutes 01 seconds E, 23.12 feet to a point; Thence N 89 degrees 20 minutes 42 seconds W, 390.03 feet to the POINT OF BEGINNING, and containing 23.709 acres of land (1,032,785 square feet), more or less. Exhibit B - Metes and Bounds Description ,-- ~ I. "l~ .. . il I' GI . I 1''' I~ ., . j II I I ---- il I ~I ~ .I \ j,q \ r ij, \ f /ii ;/ f :1 . 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Exhibit C - Zoning Exhibit ~ 1'exa8 PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: February 9, 2004 Z-04-008 - PUBLIC HEARING - Special Use Permit for an Accessory Building on Lot 5, Block 2, Highland Acres located at 305 Timberline Drive South STAFF REVIEW COMMENTS David Wallace is the owner of a 1.44-acre lot located on the south side of Timberline Drive South, just west of Bransford Road. Mr. Wallace would like to add on to an existing accessory building on the property. However, after the addition, the proposed size of the building would exceed the size restriction required by the accessory building regulations. The owner has applied for a Special Use Permit (SUP) in order to construct the addition to the accessory building on the property. The existing house on the property does not have a garage; the garage was enclosed many years ago by a previous owner. There are two other accessory buildings on the lot, but neither one is used for a garage. The owner proposes to make an addition to one of the existing buildings, which is located at the end of the driveway. The existing structure is 986 square feet in size, and the proposed addition is 1,587 square feet. The building would be constructed of masonry and siding to match the existing building, and would include roll-up garage doors on the west and south sides. The location of the building is proposed for the rear of the lot. The other accessory building on the lot is approximately 400 square feet in size, and will be removed in the future. The accessory building regulations include size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The items shown in bold-italics are those items that do not meet the criteria. ACCESSORY BUILDING ZONING COMPARISON CategorY . Zonina Reauirement Applicant Proposal 1. Maximum Size 1,750 sf for lots between 1 and 2.99 2,973 sf acres in size 2. Max. Number of Buildinas 3 2 3. Side Setbacks 5 feet 30 feet on west side 133 feet on east side 4. Rear Setback 5 feet 49 feet 5. Max. Heiaht Not exceed heiQht of primarv buildina complies The allowed size of an accessory building is based on the size of the lot. In addition, the total square footage of all accessory buildings cannot exceed the maximum allowed size unless approved by SUP. For lots between 1 and 2.99 acres in area, the size of all accessory buildings is limited to a total of 1,750 square feet. The applicant's lot is 1.44 Agenda Item No.3 - Page 1 acres in size. With the existing building and the proposed addition, the total square footage of both accessory buildings is approximately 2,973 square feet. The applicant has requested a waiver of the size requirement to allow the buildings as proposed. Staff mailed notices to 12 adjacent property owners and homeowners associations regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. The applicant submitted a petition in support of the request with the application. The petition is signed by four property owners on Timberline South and Lloyd Circle. A copy of the petition is attached. No other correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 9, 2004 City Council: March 2 and March 16,2004 RECOMMENDATION Denial due to technical non-compliance with the Land Development Code ATTACHMENTS · Location Map · Information and Drawings from Applicant · List of Property Owners Notified · Correspondence · Draft ordinance Prepared by: ~, J. Clayton Husb d, ICP Development Co mator Agenda Item No.3 - Page 2 L" :~S~? (') ')51? I-~ ';:" ',::,-", ':: S(jOl:' .. "", < ( 55'" l'...." . ..... r., I ILL '" S:'> ~,! 11,~ lQl 2QS ;J-n~ ',!1:1 21, 303 :SOO ',~r,g 3~ 3 '.... .hiS "01 W'3 Ii,,, 5~.0J -....... ..., U~J \: V, "~:.s '" .J"1. .U S 111. X)(j :X~J ;;(!,i t17 ?!\> ~\;)(' '304 :~;( 312 :jji:~ 4f:O J{!.i "(pj v~ 100 1(J '.(;{ 1;Jfl ]~ . ',;; ....^I/\.AI ."" nl:3'- ..- - "'.' ~ _ \ ".) ,.'" "" l'3 '''' 30' 30' ,)0 ~l~.~; 1;~' '- ~..rM j .. I-r'" "' m ~~Ia,R("Aer~ " ""~ ,...._ ::--- 0-98-1134 ..... .-. '-1;_~1 ?or, ?D9 '" . ~~ m in-. "'" '" ,"' ,." fii ~ 0-03-13841 Jor; "2 400 ~'V; r'MBFD ,~,,- ,., "':....1\ ?D' yy, '00 II~ . .I. w V~i;b~ '0 ,'0' M,. VLJ.. 5112 ~~n~~~:,<"''' ~ I" ~~ "", 'j.c :i';::,. riAl ,/ AI I a=v nl:2 \. I" lHS ~"i' : ~j'\{, ';.d,~, ,IS ",' W9 "(:<1 '03 '~ ~ "- ~.2c" 'v',. ~ ,.: " ~ r Z ~ ,i) ~ ii3 ~ <:; <)' iOO 1;(" lO! . ):)D ~ :;:' 1 (',; 'j0G' r 5H'l8 ,'fnulOr ,(\,;.;.. - Sh "')) ~ (:i ~~~e", I~-~( J(!f) ~)(J? ::H4 401 5Oi6 '''' I -----I \ ;.>1)4 M 1!Jl:'. "12 1 ~J. I I (;:1 ^ nf- Rr \ \ \ .01' \ E B:R ,,. '" I "' R:l ~ Location Map Case # Z-04-008 - Special Use Permit g J, 49~ 2 4'2 D-R ~ ~ ! OPAl '" I1-IF I ~812 o 3. ' SCALE: 1"=40' SO' BL DRIVEWAY ~1b ~'fi).f-C:'" aJ),~t<>'^ 6'87 g: ~ ?'l "'t" 0 ;-4. I EXISTING ').573 o ~f1. 6'U.E. 195. January 15,2004 City of Colleyville Colleyville Planning & Zoning Commission 100 Main St. Colleyville, TX 76034 David J. Wallace Colleyville, TX 76034 Dear Planning and Zoning Committee: My name is David Wallace and I live at 305 S. Timberline, Colleyville, Texas. I am looking to add a garage/workshop to my property. The neighborhood I live in is an older, established neighborhood where the homes have either little or no garage. My home is one that does not have a garage; it was enclosed long before I moved into the home. I have three family members in my household that drive and we own three trucks, ajeep and a boat. At this time all of these vehicles must sit out in the weather. As you can tell, this project is long overdue. I have enclosed for your review the plot plan, a drawing with materials and a description ofthe project. Also enclosed is a "Addition to Property Petition" from all of my neighbors within 200 feet of my property, who have reviewed my plans for the addition. I hope after your review of the project that you will see that I have attempted to do my best to comply with all ofthe requirements for you to provide me with a favorable approval for this project. As shown by the drawing, I always tried to keep in mind and consider the importance of the overall look to the project, keeping my neighbors informed during my planning and the necessity for my family to have adequate shelter for our vehicles and other equipment. I appreciate your time and look forward to hearing of your approval for this important project. ! tA0 cr1 1. Wallace ..~ Addition to Property Petition We, as neighbors of David Wallace, who resides at 305 S. Timberline Rd. in Colleyville, TX, have looked at and reviewed his plans for addition to his property. By signing below we acknowledge that we agree to and accept his plans for building an addition on his property. 7Y1~Q.w~ 1. 7::> / Co /J ~ Ij.. Name ~,~ 3~C(?" ~ < c- Name 4. (/I /I<.e (noe,J Name 5. Name 6. Name '70 /' 7':'~/..,.....t~e Address ~.IL ;;So~-5. Address ~ Li~lJ C,/e.d6 Address 309 71 tn 6t:R.e- ,,-Ie 'S. Address Address Address . -<~ Signature ~ Signature ~e~~e Signature rhJu~ Signature Signature Signature Robert & Shirley Tinkis 575 Lakeshore Drive Eureka Springs, AR 72631 Lindsey Moon 309 Timberline Drive S Colleyville, TX 76034 David & Tracie Wallace, Applicant 305 Timberline Drive S Colleyville, TX 76034 Melinda Wells 301 Timberline Drive S Colleyville, TX 76034 Mark & Connie Singletary 209 Timberline Drive S Colleyville, TX 76034 David Pillow 209 Timberline Drive S Colleyville, TX 76034 Richard M Larkin Est 308 Timberline Drive S Colleyville, TX 76034 Lillie Parker 304 Timberline Drive S Colleyville, TX 76034 Antonio Munguia, Jr. 300 Timberline Drive D Colleyville, TX 76034 Ross & Janet McCready 306 Lloyd Circle Colleyville, TX 76034 Susan Myers G R 300 Lloyd Circle Colleyville, TX 76034 Pk Industries Dba Castlegate Homes 312 White Drive Colleyville, TX 76034 Keith & Shannon Chatham 4413 Bowman Drive Colleyville, TX 76034 Case Z-04-008 (Notices dated: January 30,2004) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permiVand-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 t:J/-- Planning ~oning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE January 29, 2004 FAX TO David Wallace FAX NO 817-577-4291 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-008 Special Use Permit for Accessory Buiding - 305 Timberline Drive S. 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. ZONING EXHIBIT DRAWING 1. No changes to the drawing are required. 2. Accessory buildings may not be used for commercial purposes, other than those uses permitted under the home occupation regulations or zoning regulations. These regulations are contained in Chapter 3 of the Colleyville Land Development Code. The Code is available on- line at http://www.collevville.com/development/code.asp. ACCESSORY BUILDING REGULATIONS The following comments are related to the accessory building. The comments indicate where the proposed structure does not technically comply with the accessory building regulations. The information you submitted with the application is acceptable as a formal request for a waiver from each of these requirements. Please be advised that the Planning & Zoning Commission and City Council have complete discretion as to whether to grant a waiver from the requirements. 1. Size. The regulations restrict the total area of all accessory buildings on a 1- to 2.99-acre or larger parcel to a maximum of 1,750 square feet. Based on the information submitted, the addition to the proposed structure measures 1,587 square feet in area, and the total size of the two buildings after the addition is 2,973 square feet. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 9, 2004, 7:00 p.m. Tuesday, March 2 and March 16, 2004, 7:30 p.m. 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMmEE Z-04-008 ACCESSORY BUILDING RESUBMllT AL REQUIREMENTS None. Please contact me at husbandc@ci.collevville.tx.us or 817-503-1054 if you have any questions. I c: DEVELOPMENTREVIEWCOMMITrEE PAGE2oF2 ORDINANCE 0-04-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 5, BLOCK 3, HIGHLAND ACRES; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by David Wallace on January 19,2004, under Case No. Z-04-008; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 5, Block 3, Highland Acres, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed two thousand nine hundred seventy- three (2,973) square feet. b. The location of all buildings shall be consistent with the drawing attached as Exhibit "B". c. An accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. Sec. 2. 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. Ordinance 0-04-xxxx Page 2 of 2 Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. 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. Sec. 5. 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 Legal Despription of 305 S. Timberline Colleyville, TX 76034 Lot 5, Block 3, of Highland Acres, to the city of Colleyville, Tarrant County, Texas, According to the plat thereof recorded in volume 388-45, page 11, of the plat records of Tarrant County, Texas ~ T'exa& PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: February 9, 2004 Z-04-009 - PUBLIC HEARING - Zoning Change from R40 Single Family Residential to R20 Single Family Residential on Lot 5R1, D.P. Arrington Limited Subdivision at 2016 Glade Road ST AFF'REVIEW COMMENTS Ken Mask is the potential buyer of a 1.12-acre lot located on the north side of Glade Road, just west of Montclair Drive. The applicant has submitted a request to change the zoning on the property from R40 Single Family Residential to R20 Single Family Residential. The owner is seeking a zoning change in order to subdivide the property into two lots for the construction of new single family residences. The lot is a platted lot, part of the D.P. Arrington Limited Subdivision. The applicant proposes to divide the property into two lots, as shown on the attached zoning exhibit. An underground drainage culvert is located on the western portion of the property. There is sufficient room available on the property to construct a house on the western lot without encroaching on the underground culvert. The property is presently vacant. The surrounding property is generally developed as single family residences. Properties to the north and east are zoned R40 and consist of residences on one-acre or larger lots. The properties to the west and southwest are zoned R20 and are developed as single family residential subdivisions (Chelsea Park and Cranbrook Estates). Property to the south is zoned PUD-R and is being developed as a single family residential subdivision (Beldon Hollow). IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for single family type land uses. This request is consistent with the goals and objectives of the Master Plan. The density of the proposed two-lot development is 1.78 dwelling units per acre. 2. Surrounding Properties. Most of the surrounding properties are developed as single-family residences, either within a subdivision or on acreage tracts. 3. Development Trends. The long-term trend for this area is for single-family development. A new subdivision is under construction south of this property across Glade Road. Several new residences have been constructed on Montclair Drive over the last few years. Agenda Item No.4 - Page 1 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 parcel is valued at $45,360. The estimated City property tax revenue for the undeveloped property is $157 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. 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 two proposed residences would add 19 vehicle trips per day to the surrounding roadways. 7. Public Notification. Staff mailed notices to seven (7) adjacent property owners regarding this request. Complimentary notices were sent to the Cranbrook Estates and Chelsea Park homeowners associations. 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 9, 2004 City Council: March 2 and March 16, 2004 RECOMMENDATION Approval ATTACHMENTS · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Development Review Committee memorandum Prepared by: r~~~ J. Clayton HUSblii)AICP .4 Development Coordinator Agenda Item No.4 - Page 2 mol~ ~DY~~ 716 :; ~ 57.10 5208 ~ "'1,. 520e l.uJlfltc~ a~l~jrL"rC ----=-:2 . ,,,.,,..,. .~,,..,.., \ 4709 47 0- 1303 18~~ 'j:'."19: \ 1907- 1801 I ~9()S \ I 5205 520' 121.- ~!!"lL ~ffiJ4 ~5ua 1812 t- JI"'i 17H ~a01 leJS 1716 ~800 1iH',4 1BOS fAI ~N 1R ~'~;'Tt:'05 .1- --I'" - -- -- j7~i:\ ~800 1904 1800 THIJ~ "1-< 17H lan1 1-805 ~e09 18~3. -~ 1715 '800 180" 1800 1812 ~::::rartb ~...... J ~ . ~ 1805 49111 Ison -l\-, ~*- ..""'~ 490' 4812 ~ 4813 4SOS ~ 4809 <804 ~ H-.{,U 0 4800 F- 4801 "'00 l~ .902 ~ ~ '::! 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". ,!!E u" g Ol 0"' ~~ "'CE ~~ 0.- N"' ~ J Floyd & Hannemarie Futch 2455 Ripplewood Court Comoe, TX 77384 Robert & Janelle Hardisty, IV 5000 Montclair Drive Colleyville, TX 76034 William & Anita Snyder 5008 Montclair Drive Colleyville, TX 76034 Mark & Carol Ernst 5009 Camelot Drive Colleyville, TX 76034 Scott & Judith Clarke 5005 Camelot Drive Colleyville, TX 76034 Robin Guthrie 5001 Camelot Drive Colleyville, TX 76034 ICI Development, LLC 4101 Gateway Drive Colleyville, TX 76034 City of Colleyville Jack Dortch PO Box 1113 Grapevine, TX 76099 Comvlimentarv Covv To: Cranbrook Estates HOA Bob Johnson, President PO B ox 372 Colleyville, TX 76034 Comvlimentarv Covv To: Chelsea Park HOA Dezann Korbuly, President 510lCamelot Drive Colleyville, TX 76034 Ken Mask, Applicant 2210 New Mill Lane Arlington, TX 76012 Case Z-04-009 (Notices dated: January 30, 2004) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitJand-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 Planning & Zoning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE January 29, 2004 FAX TO FAX NO Ken Mask Floyd Futch 214-292-0441 ~ via mail FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-009 R40 to R20 - 2016 Glade Road The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. No changes to the drawing are required. GENERAL ZONING/SUBDIVISION INFORMATION The following information is provided to make you aware of development requirements that may affect the future construction on the site. The requirements cited are based on the proposed R20 zoning classification. These criteria may be reviewed upon submittal of a subdivision plat. 1. It is recommended that the applicant review the regulations of the R20 zoning district for allowed land uses, building setbacks, and other requirements. These regulations are contained in Chapter 3 of the Colleyville Land Development Code. The Code is available on-line at htto://www.colleyville.com/development/code.asp. 2. A subdivision plat must be submitted and approved by the City before building permits can be issued for a new residential structure. 3. RIGHT-OF-WAY DEDICATION. Glade Road is classified as a Minor Arterial on the Master Thoroughfare Plan. A Minor Arterial requires a right-of-way width of 75 feet. When the subdivision plat of the property is submitted, right-of-way dedication may be required along Glade Road. 4. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Glade Road is considered an unimproved street. As part of the subdivision plat and construction process, the developer is required to construct one-half of the streets or provide an equivalent amount of cash escrow for future improvement by the City. 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-009 MASK ESTATES R20 5. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. Since new lot(s) would be created by the plat, the payment of parkland dedication fees is required for this development. The fee for residential development is $1,802 per lot. This fee is not due at this time. 6. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. 7. SIDEWALKS. This property is also subject to the provision of the Colleyville Pathways Plan, which requires construction of a 10-foot wide hike and bike trail along the north side of Glade Road. The developer is required to construct the trail as part of the improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 9, 2004, 7:00 p.m. Tuesday, March 2 and March 16,2004,7:30 p.m. RESUBMITT AL REQUIREMENTS None. Please contact me at husbandc@ci.collevville.tx.us or 817-503-1054 if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 2 OF 2' .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: February 9,2004 Z-04-010 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center Commercial to PUD-R Planned Unit Development Residential on Lot 4R, Block 1, Centerpark Addition located south of Centerpark, east of Colleyville Boulevard STAFF REVIEW COMMENTS Arcadia Realty Corporation is the prospective buyer of a 9.0-acre parcel of property located on the south side of Centerpark, just east of Colleyville Boulevard. The applicant has submitted a request to change the zoning on the property from CC2 Shopping Center Commercial 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 38 single family lots, with a minimum lot size of 4,000 square feet. There are two street entrances proposed on Centerpark, and the applicant has indicated the subdivision may be a gated community. A six-foot tall masonry and ornamental iron fence is proposed adjacent to Centerpark. The project includes three small open space areas. The subject property, which abuts Little Bear Creek, is currently vacant. The surrounding property is both single family residential and commercial in nature. Properties on the north, south and west sides are zoned CC2. The Village Park shopping center is located north of the site, and a bank and restaurant are located west of the site. Little Bear Creek runs along the south side of the property. The development to the east is zoned RMF Multi-Family Residential and is developed as single family residences (Lakewood Estates). The Land Development Code provides that the PUD-R district is "designed to encourage the most appropriate uses of land, permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features." The PUD-R district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. A draft copy of the rezoning ordinance for this property is attached, which is based on the applicant's proposal. Agenda Item No.5 - Page 1 The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Co/leyville 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 a major street intersection or on smaller parcels that make less dense development economically difficult. The density of the proposed project is 4.2 dwelling units per acre. The density of the adjacent Lakewood Estates is 2.8 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 minimum lot size in the proposed development is 4,000 square feet, with an average lot size of 5,500 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. Note, the initial submittal only provided an open space of 6.4% (0.58 acres) within the project area. However, the developer provided an updated response letter indicating that the development will provide the required 20% open space. The developer will provide a revised site plan for the Commission meeting on February 9,2004. 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. The applicant is proposing to construct a 5-foot wide sidewalk on the north side of the interior street. A perimeter sidewalk must be constructed adjacent to Centerpark at the time the public improvements are constructed. IMPACT ISSUES 1. Master Plan. The Co/leyville 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. 2. Surrounding Properties. The surrounding properties are developed as single family neighborhoods and commercial uses. 3. Development Trends. In the Colleyville Boulevard area, commercial development is expected to continue. The Master Plan designates this property for commercial and office development, though the property remains undeveloped at this time. Given its location, the property would be suitable for small owner-occupied office development, similar to that located on Gateway Drive. Agenda Item No.5 - Page 2 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 $1,081,837. The estimated City property tax revenue for the undeveloped property is $3,758 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 38 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 38 proposed residences would add 364 vehicle trips per day to the surrounding roadways. The most recent traffic counts from 2002 for the area are shown in the table below. ... .... . Colleyville!:loulevllrd . ... Street North South East West Total Intersection Bound Bound Bound Bound Vehicles Brown Trail 19,032 15,916 4,768 5,543 45,259 Center Park 18,755 18,755 1,191 2,801 41,502 Glade Road 13,861 17,180 4,671 4,039 39,751 8. Public Notification. Staff mailed notices to 14 adjacent property owners regarding this request. A complimentary notice was also sent to the Lakewood Estates homeowner's 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 9,2004 City Council: March 2 and March 16, 2004 Agenda Item No.5 - Page 3 RECOMMENDATION Denial due to technical non-compliance with the Master Plan and the Colleyville Land Development Code ATTACHMENTS · Location Map · Zoning Map · Zoning Exhibit . Information from Applicant . List of Property Owners Notified . Development Review Committee memorandum . Applicant Reponse to DRC memorandum · Draft Ordinance Prepared by: Agenda Item No.5 - Page 4 111" , 'U2j: C, / ' '~Jf+, Y" ~ ~, .,---- ~, r"- ,o~"'.b~"f"'""c: ' ' - ~- j- ~ ~<'" '. " · // .............1: ; 'C" '\ 7.0:1 .. ,) , : ( ec..J ~>.,...L, n_u' " """'.,. ) ,,_. :~_ / O-J 'NIl \- , ~.." -.,...... ' " .' .-c-.....-.,.... .............. \' _,,,,1\..,.>.., ',.' 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Location Map & Area of Notification Case # Z-04-010 - Zoning Change from CC2 to PUD-R Location Map Case # Z-04-009 - Zoning Change from CC2 to PUD-R \OOd lO'1 ........1/. ~ lioonI-..d]::)IO:)IOO:IW\"""--."""'...."... ... :01"1 ~ ffi ffi ~ ~ . ~ i ~ ! i 0 " ~ E . e .L .- S ~ ~~ f5f:3a:: '" ~l:i ~ ~ ~I! ;! ~ ll-66 a "'~ HU_ g ~wo > r"~ g 8~~ ~ ~ . xz is i "'-<N ii1 h~ ~i ~. ~og ~ g~ z~~ g: ~~ ~~ ~ .~ 2~e: <.51 ... ~ i ~ () is;3 0 N ;1~ ~ . . iii .i ~ 1, ~ II . ~ I ;j ~ I. ~ U d 0 ~h u r wd fi'l '"'U4l 101d t'!I/lU/1 '"lOP 1"101 "'I:.l~ P"1l"ld ~,",,'8-!d3:INlT.IlOO~kp\lOO:lll'l\.lO"'''-'''\"t1 """"~ """I l"W ~ ~~ -' ~~ ~l ~ . j . fj ffi ~ ~ H~~ 0" n~ i n ~ ~ ~ 8 ~ ~ ... ~ d i - ! ~ ~ ~ i ~d ~ ~ ~ is ~ " ~ . ~ , Ii i ~ ~ <~2~ ~ij~. ..~. ~d ~~~~ Il:t . j i < . fi3 ~ . ,;$1 S31 i;' at l..~ ~" '~5 5l~ ~IH 1 t'l~ 7j~1i1r S] ~ ilff ~. S.. d Ii! ~ ~"!ri ~~ , ilHi CAMBRIDGE PLACE Proposed PUD-R Single Family Development Colleyville, Texas Statement ofPIanning Objectives . To focus on a demand in Colleyville for an upscale, single family environment emphasizing small, low maintenance yards, a central location, elegant amenities and homes in the 2,100 to 3,000 square foot range. The identified market niche is expected to be primarily empty nesters and dual and single income professionals who want smaller square footage residences but who at the same time want uncompromising quality. Many presently live in Colleyville but in larger homes. Others would like to move here but the desired product does not currently exist. The attendance impact on the school district is expected to be negligible. . To provide a small lot, low maintenance residence while retaining the single family, detached environment. The Homeowner's Association will maintain all Common Areas as well as the right-of-way and front yard of each residence which will give a quality, coordinated look to the street winding through the subdivision. Homeowners may have very low maintenance yards by the type of plantings selected for the small remaining portions of the lots. It is expected that many homeowners will contract with the Common Area landscape maintenance company to maintain their entire lot thereby providing a zero maintenance option. . To utilize the drainage that traverses the length of the property as an amenity. No landscaping or improvements to the drainage area are planned. It is the intent of the development plan to give a feeling of openness to the subdivision and to promote and active lifestyle. Pedestrian activity and flow is encouraged by providing one five foot wide sidewalk along Cambridge Place. . To contribute to the concept and provide a residential, upscale development that will support the Town Center property. The perimeter fence along Centerpark will be primarily wrought iron with brick or stone columns; some portions of the fence will be solid masonry. . To provide a residential development that addresses the Issues and the Goals and Objectives of the Colleyville Master Plan adopted September 15, 1998: Issue 2: Alternative Housing. "There is a desire for a limited number of upscale town homes and garden homes on small lots designed for easier living. The quality of construction needs to be compatible with the existing and proposed single-family housing standards." H:\Projects\ARCOOI\Word\PD Regulations.doc Issue 1: Housing Quality and Land Use. Objective: "Town homes and garden homes tha,t exceed 1.8 units per acre may be acceptable in areas that meet one odnm:eofthe following criteria: a transition area between commercialuses and le~'dense residentia~ near major intersections, smaller parcels that ~ less dense development economically difficult and sites with unique topographical features." Cambridge Place meets all of these criteria. . To comply with objectives outlined in the Colleyville PUD Ordinance to "permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design," and "cql1~i~erations of special site and topographic features." Development Schedule The developer expects to commence land development as soon as the approval process has been completed. It is expected land development and the construction of homes should be complete within 36 months of approval. Statement of Proposed Ownership Lots to be sold to individual builders/buyers. All Common Areas will be owned and maintained by the Cambridge Place Homeowner's Association. Statement of Utilities Water, sanitary sewer, storm drainage, electricity, gas and cable will be provided to each lot. All utilities will be underground. Necessary easements to be provided on the plat. H:\Projects\ARCOOl\Word\PD Regulations.doc Planned Development Regulations CAMBRIDGE PLACE Colleyville, Texas 1. GENERAL a. The purpose ofthis PUD-R is for single-family residential development, constructed at an approximate density of 4 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations and other land development ordinances, except where amended by this ordinance. 2. PERMITTED USES a. Single family residences, detached b. Parks and open space 3. RESIDENTIAL LOT REOUlREMENTS AND SETBACKS a. Minimum Lot Size 4,000 square feet b. Average Lot Size 5,500 square feet c. Minimum Lot Width 40 feet d. Minimum Lot Depth 100 feet e. Front Building Line 18 feet f. Side Building Line 3 feet / 7 feet* g. Rear Building Line 10 feet * Roof overhang may encroach 4. OPEN SPACE This development shall provide a minimum of 5% 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 Zoning Ordinance. All open space areas shall be landscaped. H:\Projects\ARCOOl\WorOIPD Regulations.doc 5. SECURITY GATE A security gate may be constructed across the proposed street in the subdivision. The gate shall be constructed to allow vehicles to exit through the gates. An Opticom system shall be installed on the gates. 6. SIDEWALKS AND TRAILS Sidewalks on the interior street shall only be required on the north side ofthe street. The sidewalk shall be at least five (5) feet in width. 7. PLATTING The developer shall submit a final plat ofthe property in accordance with Section 2 C ofthe Colleyville Subdivision Regulations. The zoning exhibit attached shall constitute the preliminary plan. H:\Project5\ARCOOl\Word\PD ~lations.doc Collard Ltd 27259 Lorraine Avenue Warren, MI 48093 Bradley Trow PO Box 1201 Hurst, TX 76053 Landmark Bank Mid Cities 150 Westpark Way, Ste 130 Euless, TX 76040 Security Bank of Kansas City of Colleyville One Security Place Kansas City, KS 66117 Realty Income Texas Prop PO Box 460069 Escondido, CA 92046 Smothers Properties LC PO Box 17423 San Antonio, TX 78217 Donald & Barbara Wren 4704 Lakeshore Court Colleyville, TX 76034 Jerry Brogdon 210 Cheek Sparger Road Colleyville, TX 76034 Daniel Geary 4601 Clearwater Court Colleyville, TX 76034 James & Riki Shackelford 4600 Clearwater Court Colleyville, TX 76034 Phillip & Kathleen Charon 4604 Clearwater Court Colleyville, TX 76034 Marzia Mirzadeh 4608 Clearwater Court Colleyville, TX 76034 Mario & Melissa Donato 4612 Clearwater Court Colleyville, TX 76034 Como/imentarv Coov: Lakewood Estates HOA Andrew Wayne, President 1009 Lakeridge Court Colleyville, TX 76034 Chandler Cantrell Property Inc PO Box 611 Colleyville, TX 76034 Arcadia Realty Corp, Applicant 5440 Harvest Hill Road, Suite 206 Dallas, TX 75230 Case Z-04-01 0 (Notices dated: January 29, 2004) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permit/and-or/zoning change request are listed above. I certify that the partIes listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ~ Planning ~ning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO January 30, 2004 Arcadia Realty Corp 972-774-9111 ~ Steffani Starry 972-248-1414 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-010 CC2 to PUD-R - Cambridge Place 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, as required by Chapter 8 of the Land Development Code. While a conceptual plan is acceptable for the zoning process, a preliminary plat and final 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 minimum requirements of the PUD-R zoning district. The information submitted with the application is acceptable as a formal request for a modification of the minimum requirements. The following table indicates the minimum requirements of the PUD-R district: ...-........--.-.-.-....--.---.-.---..-.......-...--.---..-..-......-1--..--..-..-...-...-.-.-........-..--..-----..---.--.-- i Minimum Lot Size: 13,000 sq. ft. I Front Building Line: 30 feet I-A~erageiOi:-s~e:-i6,()(iosq:-fC-.---I.-.sideBuiidIllg L~es:T6-feet.----. ; I ,-....---;-;--....-.-.-.-.-.-;-.-...---.--..--....-..-.......-r..-.--...-..-.--;----;---..-;--..-.---..-...-..--...---. I. Mlllimum Lot W ldth: 100 feet I Rear BUlldmg Lme: 25 feet .-------..--.-..--.---...-.-.--.--.....t.-....-.-.-..-..--.--.-.-..--.-..-.--....---.-. 1_..~~~~_~~~!~~_I~?_~~_~__..-1...__.__.. ____....__._____.__.____.___J 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-010 CAMBRIDGE PLACE 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 5% open space is provided. The information submitted with the application is acceptable as a formal request for a modification of the minimum requirements. 3. There is a significant portion of this property currently situated within the 1 DO-year floodplain and floodway as designated by the Federal Emergency Management Administration. As a requirement of the platting of this property, the developer must submit a drainage study and obtain approval from FEMA to place fill material within the floodplain. Details on this requirement are contained in Chapter 14 of the Land Development Code. 4. Provide information on the following, if available: anticipated price range of the houses, typical elevations of proposed houses, lot coverage for the proposed houses, and any proposed improvements to the common open space areas. The Planning and Zoning Commission and City Council may find this information useful when considering this zoning request. 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 and Centerpark is an improved street. 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. The Land Development Code also requires the construction of a 5-foot wide perimeter sidewalk adjacent to Centerpark. The developer is required to construct the perimeter sidewalk as part of the public improvements for this property. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z~10 CAMBRIDGE PLACE PUD-R PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 9, 2004, 7:00 p.m. Tuesday, March 2 and March 16,2004,7:30 p.m. RESUBMITT AL REQUIREMENTS 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 The above requested items must be submitted no later than noon on Wednesday, February 4, 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 ROARING BROOK DEVELOPMENT COMPANY Phone: 8174105710 SUITE 111. 1111 S. MAIN ST.. GRAPEVINE. TX 760S 1 Fax: 8174105757 Date: February 4, 2004 To: Mr. Clayton Husband Development Coordinator Community Development Dept City of Colleyville 100 Main St. Colleyville, TX 76034 Re: Z-04-010 CC2 to PUD-R Cambridge Place Dear Mr. Husband; Thank you for your response letter of 1/30/04. Arcadia Realty has requested that I respond to your comments in regard to the proposed PUD on Centerpark Drive. GENERAL INFORMATION 1. The Submittal is not a Preliminary Plat: Completed Preliminary and Final plats will be submitted for formal site plan review after a favorable decision of the zoning request. 2. Land use is Commercial/Retail in Colleyville Master Plan: We are requesting a change of zoning as a part of this application. We believe this use would be in the best interests of the city. ZONING EXHIBIT DRAWING 1. Lots do not meet minimum PUD requirements: The proposed Lot sizes and setbacks are consistent with the lots in the Riverwalk development and are a part of this request for zoning change. 2. Open Space requirements are 20%: We will comply with the requirement to provide approximately 20% open space. 3. Hoodway included in development: We are request City approval and support to place fill material within the floodplain as indicated in the proposed plan, conditioned on submittal of the required engmeenng. 4. Proiect Information: Typical housing prices range from the low $300's to high $400's, averaging in the mid $400's. Typical Elevations: See attached photos. Lot Coverage: Approximately 40% to 60%. Landscape Improvements: these will be submitted with the Preliminary and Final Plats. ROARING BROOK DEVELOPMENT COMPANY Phone: 817 4105710 SUITE Ill. 1111 S. MAIN ST.. GRAPEVINE. TX 76051 Fax: 817 410 5757 OTHER INFORMATION: 1. Impact fees:: 2. Perimeter street improvements: None required. 3. Parkland dedication: Acceptable 4. Sidewalks and Trails: We are requesting that the internal sidewalk on Cambridge Place be located on one side of the street only. We hope this answers the outstanding questions and look forward to the public meeting. Sincerely cL2O~D.::ro Dan Quinto Roaring Brook Development Co Representing Arcadia Realty, Inc. 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 4R, BLOCK 1, CENTERPARK ADDITION, FROM THE CC2 SHOPPING CENTER COMMERCIAL 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 Arcadia Realty Corporation on January 19, 2004, under Case No. Z-04-010; 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 4R, Block 1, Centerpark Addition, by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "B", 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) Average Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Rear Building Line 4,000 square feet 5,500 square feet 40 feet 1 00 feet 18 feet 3 feet and 7 feet 1 0 feet b. The maximum number of single family lots allowed within this development shall be thirty-eight (38) lots. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of five (5) 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 "B", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "Cn to accommodate physical, topographic, drainage or other conditions. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-xxxx Page 3 of 4 b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject 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. A five (5)-foot wide sidewalk shall be constructed along the north side of the interior street. Each homebuilder shall construct sidewalks along lot frontages. The developer shall construct the sidewalk along the common open space area. b. The developer shall construct a five (5)-foot wide sidewalk adjacent to Centerpark 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 screening fence along this property's frontage on Centerpark. The fence may be constructed of masonry, ornamental iron, or a combination of the two materials. 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. 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 cc'ce l'exBli PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: February 9, 2004 Z-04-011 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard STAFF REVIEW COMMENTS Pecan Creek Village Center Partners LLC is the owner and developer of 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road. The owner has submitted a request to change the zoning on the property from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial. The property is proposed to be developed as a retail center. The proposed development is a mixed-use facility for restaurant, retail, office and commercial uses. The owner proposes to construct approximately 30,000 square feet of building area for neighborhood retail and office uses in the' rear portion of the property. Along the frontage on Colleyville Boulevard, three pad sites are proposed for retail and restaurant users. Near the corner with John McCain Road, a pad site is proposed that would include a Shell convenience store with gasoline sales, and a Great American retail store and automotive service facility. The buildings would be constructed of natural stone and brick. In addition to integrated parking and landscaped areas, a tree preservation area is proposed along Pecan Creek at the rear of the property. Additional information from the applicant is attached. City staff has been working with the applicant on this development proposal for over a year. The applicant is requesting a planned unit development in order to coordinate development on the entire site. Several of the proposed uses could be considered separately with special use permits; however, the planned unit development district provides a more comprehensive regulatory tool that establishes requirements for the entire development rather than specific sites. The PUD-C district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. A draft copy of the rezoning ordinance for this property is attached, which is based on the applicant's proposal. The surrounding property is commercial in nature. Properties to the north are zoned ML and are developed as industrial type land use. These properties are located on John McCain Road adjacent to the railroad right-of-way. Property to the east and south is zoned CC2 and is presently undeveloped. The properties to the east, across Colleyville Boulevard, are zoned CC1 and AG, and are mostly undeveloped with the exception of Agenda Item No.6 - Page 1 two single family residences. The Master Plan indicates that properties along Colleyville Boulevard are anticipated to be developed for commercial uses in the future. Below is a summary of the major items included in the draft zoning ordinance for this property. Land Uses. The proposed ordinance would allow by right those uses contained in the CC1 Village Retail zoning district. In addition, the following uses would be allowed by right within the planned unit development: one convenience store with gasoline sales, one tire and automobile service center, restaurants with drive-through windows, and day care centers. Alcoholic Beverage Sales. The draft ordinance includes approval of a Special Use Permit for alcoholic beverage sales for both on-premise and off-premise consumption. On-premise consumption is allowed in conjunction with restaurant uses. Off-premise consumption is allowed for grocery stores, convenience stores, specialty wine shops and gourmet food stores. Landscaping. The proposed layout appears to meet the general requirements of the landscaping regulations. A detailed analysis of these requirements will be made at the time site plans and building permits are submitted for review. The property provides a 20-foot landscape buffer area adjacent to Colleyville Boulevard. Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. Tree Preservation. The Planning and Zoning Commission approved a tree mitigation plan for this property on September 8, 2003. This property is subject to this plan, and the ordinance states that requirement. Drive Entrances. The proposed plan shows three drive entrances on Colleyville Boulevard. The applicant has had discussions with TXDOT regarding the number and location of the entrances. There is one drive entrance shown on John McCain Road. This entrance lines up with a future median break on John McCain Road, and TXDOT will construct a portion of the drive approach as part of the road construction project. Building Design. The proposed ordinance requires that buildings meet the design standards of the CC1 Village Retail zoning district. In addition, requirements are included to provide for stone or masonry columns and a pitched or mansard roof on the gasoline canopy. 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 Colleyville Boulevard in this area as commercial and retail property. Agenda Item No.6 - Page 2 2. Surrounding Properties. Most of the surrounding properties are undeveloped, but planned for commercial use. The property along the south side of John McCain Road is developed as industrial uses. Property south of the site, at the intersection with Tennison Parkway, is developed as offices. 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 estimated property value is $1,315,512. The estimated City property tax revenue for the undeveloped property is $4,570 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. The applicant provided a brief economic summary of the project, which is included with the attached information. The project contains approximately 58,000 square feet of neighborhood retail, restaurant and office space. The estimated annual sales for the overall project are $28,270,000, which includes restaurant, retail, and other uses. When completed, the estimated sales tax revenue for the City from this development is $371,080 per year. 7. Public Notification. Staff mailed notices to five adjacent property owners regarding this request. A complimentary notice was sent to the Timarron homeowner's 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. SUMMARY The site in question is the northern gateway into Colleyville. The Colleyville Master Plan recommends that retail and commercial development occur at this location. The economic development goals contained in the Colleyville Master Plan are focused on building out the remaining commercial areas with revenue-generating businesses. These types of businesses would include retail oriented activities that provide significant sales tax revenue. The proposed development satisfies these goals. The proposed development of the property could have a positive impact on the future commercial growth of the city in this area, and will provide an area for goods and services for residents of the area. Agenda Item No.6 - Page 3 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 9,2004 City Council: March 2 and March 16, 2004 RECOMMENDATION Approval ATTACHMENTS · Location Map · Zoning Map · Information and Drawings from Applicant · List of Property Owners Notified · Development Review Committee memorandum · Applicant Reponse to DRC memorandum · Draft ordinance Prepared by: J.CI~~ Development Coordinator Agenda Item No.6 - Page 4 Location Map Case # Z-04-010 - Zoning Change from CC2 to PUD-C J~ f' It J U " .1 I' t . .. J "I~'. p'1 .1 "J) , 'Ia I I "J . " , , J. " ." , Ui~t hijif';li' ~ hh I!l I! i i ~ i ~ ~ ~ :iI! f~ I!!s .tfll ft I! ~ )i"rr. ,ISI' }III Ii ~l! I~'J la 1 1 1 1 1 1 1 11'1 111"tl it' I~ li!G If!),! m~ndij ~{fllii ft'~~ ~t'll ! ! ~! ! ! ! !!It! ~Jl~~ In! d! .'11 J"I' It:!J.~!I fll III~I t'~ """I"""" "11 R'~~I '.1" I!I -. · Im"' a. a "I . ~.t I I I I J I I I ',' ". n" Ib!sl g!-il i~'lii~i~J '2 '~III i~h ~ ~I ~I ~~ ~I ~; ~I ~I ~II: ,miff' I :hi~ ~ii . u.m 'm;!!i~I'i; ~., Imt ~1:J ~lllllllhl C 1I1I hl, l!i!.. ~"~" =i~h! ~'Ip'N ~fi ii~!i ~!ft HI II 1111 'I U h II '~h t~~ilfj ~I!I~ ~!~ 19!Jj II !I,t1~ I~; Stili 1M iii t~ I~ It I~ ti t~ I~ t!tll t~p'l:II!~t! III !hm ~~II:llIllli~ uln nil h~ IIII h lilt 1IIIlUit 1!I~ii Ibl! Iii -::L Z .----r : II I. It' I' I i~ l,l~ ~ )1'i 1;' U t! 1~ If ; WI' m t il I~t: : II~ ~) Sr It Illl! . ~ It~ Nr 11~ iir ~II .liI .b~ .!I.C UU, ~ 0> !:i 0> ~~ ~~ /ill! NO> "....~ ~~ ~~t. '?-. is> ~ ~~ ~ll'~ , ~u> ..'?-~ f ! ~ 0> ~ I =: : : ~ ~ _ il~ ~ ..u II~_ ~~I i ~.:!;~I . ~~kl ~ I .f"oeil- f ~a!= ~ I II u~~~~ 38~~ +il " !l99 ~ .I~~ 1!1~- ~ "';:1 :11:'=8 ~ 11::8 ~ ~ 8 ~5a L i~ 8 I . i~ ~GI I~~ II. Ii. !lEi ~~~ I . 2 I I ~ n~n ~ CQ g~I==- ~ ~ .= '=o.=oi ~ w u> 0> a ~ ~ ~ I ! ~ n ~ d ~! 5 ~ · ~ II ! H ~ ~I. ~ I~~. 3 . Ii ~! I ~. e~ ~ f I ~~ tl ;~ n n~ ~ ~~ ~ ~ ~ ~~ HiU i _ .... ~ ~~~~~ ~ ii ~ ill i it! ~~ Ii ~~ I ~~ zw au> NO> i .! ~ I Pecan Creek Village Center Request for PUD-C Zoning City of Colleyville, Texas Purpose and Intent: This request is for Planned Unit Development - Commercial zoning (PUD-C) for commercial and retail uses on a 15.1 Q-acre tract of land, located at the southwest corner of Colleyville Boulevard (S.H. 26) and John McCain Road. Pecan Creek Village Center is proposed to be an upscale, urban retail center providing neighbors with convenient access to needed goods and services. A professional development team dedicated to building a superior 'Gateway' project for the Colleyville community brings this project before the Commission. While the existing zoning is currently "CC2-Shopping Center" and allows for retail uses, the development proposes a Convenience Store with gasoline sales and a Tire and Auto Service Center with service bays, which requires a Special Use Permit (SUP). The PUD-C proposes to incorporate the requirements of a Special Use Permit with specific development guidelines for the overall retail center. There are quite a few potential reasonable uses that would need a SUP that could be included into the PUD-C such as Kindergarten and other schools, vocational schools, 2nd hand stores, day care and others. The resulting zoning district will allow for a more creative and efficient development and provide the City and the neighbors with the assurances of quality development and services. We are proposing three outparcels in addition to the Shell/Great American on Lot 1. These pads are in integral piece in the Village Center and will attract high quality and credit tenants that will become long-term, committed members of the community. This being said, these pads should be fairly unrestricted in use to offer and encourage a broad range of potential tenants, including those with drive-thru offerings. Despite the fact that there are no direct abutting neighbors, our development team met with three closest HOA's and neighbors to discuss the overall viability of the project. The collective results of those meetings were that they appreciated us getting them involved and soliciting for their ideas and thoughts. Generally, they indicated that they would welcome closer gas and convenience retail uses and that they felt good about us bringing the project to Colleyville and not one of the neighboring cities. Additionally, they felt that this parcel of land has been vacant for a very long time and that this would be the type of neighborhood center that would be appropriate. The architecture of the center proposes to promote and maintain the character of the City of Colleyville and of the newer commercial centers in the immediate area. Low rise, warm retail!office buildings will offer storefront windows with strong horizontal and vertical components. Buildings proposed for the center will consist largely of natural stone and brick construction in warm colors and complementary tones. Public access to open spaces and landscaped areas will be provided and maintained throughout the development. The initiation of the tree replacement program and the establishment of new landscaped medians and entries will cover the retail center in natural vegetation, colors and textures. Perpetual maintenance of all common areas, including the tree preserve, will be the responsibility of the property owners association, which will be established in conjunction with timing of the public hearings and working with Staff. The Concept Plan, as proposed, provides a general layout of the lots and built improvements for the retail center. While the lot sizes and building configurations may alter slightly prior to actual development, this plan will be used as a tool and a guide for the future development of the property. Once approved, the PUD and Concept Plan will be used by the city to insure that all final development plans will maintain the same character and integrity of the approved zoning. Land Uses! Areas: The property consists of approximately 15.10 acres of land, which will be subdivided into separate lots. The base zoning for the PUD-C is proposed as CC2, as provided in the City of Colleyville Zoning Ordinance. All conditions and requirements of the CC2 district, the approved PUD-C and the approved Concept Plan shall be followed and maintained throughout the development of the property. General land uses and proposed land areas are proposed as follows: Lot 2 Lot 3 Lot 4 Lot 5 Convenience Store with Gasoline Sales and Tire Sales and Service Retail! Commercial Pad Site Retail! Commercial Pad Site Retail! Commercial Pad Site Retail! Commercial Site Approximate Total Area Apx. 1.91 Acres Apx. 1.19 Acres Apx. .94 Acres Apx. 1.19 Acres ADX. 9.87 Acres Apx. 15.1 Acres Lot 1 Open Space is included within the proposed development in the form of landscaped parkways and medians. Great care was taken to protect and enhance the existing creek that has heavy vegetation and grass covered storm water detention areas will be incorporated into the plan. A village circle, or rotary is planned and will add a unique feature to the center of the project and a permanent tree preserve along the creek will assure the city and the public that the creek and trees will remain in their natural condition from this point forward. The development team worked diligently with Staff (Clayton Husband & Barry LeBaron) to create a tree mitigation plan that subsequently was approved by the P&Z Commission. This open space will be guaranteed by restrictive covenants describing the conditions, restrictions and maintenance to be filed with the Final Plat and approved by the City. Development Controls: Covenants, Conditions and Restrictions will be established for all improvements proposed within the development. Consistency in building architecture, landscape design, lighting and signage will be required and controlled by the developer, as well as, future owners. Anticipated Tenants and Uses: Lot 1 will encompass a Shell Convenience Store, fueling facility and carwash, as well as, a Great American One Stop Auto Care. This facility is called a MFC, Multi- Facility Concept, which is a new breed of automotive center, offering customers a complete menu of automotive services in one, convenient location devised to meet today's very mobile consumer demand - including fuel, an automatic car wash, a one-stop auto care retailer that provides tires, an automotive lubrication center, expert light automotive services, and a convenience store - all in one location. This facility is modern and different, which offers a new level of service and convenience, complete with upscale amenities to meet today's consumer driving needs. A company that specializes in upscale tenants with new and .innovative designs designed the interior of the Great American. They have a very long list of satisfied clients such as Starbucks, Seattle's Best, Sears, Radio Shack, Home Depot and many more. The MFC is not only modern in design but in operation too. All employees are uniformed, professional in character and driven by quality customer service. The tires are encased in pullout drawers; the customer waiting area is plush with leather couches, complimentary refreshments, TV, Internet hookups and even game-boys to help children pass the time. There is no outside storage and all work done on vehicles is handled inside the service bays. It is a very consumer friendly environment where all services are menu-driven and prices are posted. Shell and Great American are examples of the top-shelf, quality oriented and long- term commitment tenants that can be expected to reside in our neighborhood center. Both tenants are making a long-term operating commitment to the center and the local community and will add value by taking part in local promotions that benefit charities and other benevolent organizations. Lots 2, 3 & 4 are expected to attract quality, national and/or local retailers to provide much-needed services to the local Colleyville community, as well as, drive-by consumers. Lot 5 will hold two separate buildings, which will house neighborhood retail and office tenants. It is anticipated that these tenants will be some of the uses that are typically seen in these upscale and modern locations. The selection of tenants should be a balanced mix of everyday retailers and providers to enhance the quality and convenience of consumers. City Sales Tax Benefits: Preliminary estimates show the potential for approximately 58,000 square feet of leaseable retail and commercial development on the Pecan Creek Village Center project. With this mix of tenants, it is expected that the City of Colleyville will benefit from the intake of sales tax as seen in the following chart: ANNUAL GROSS TAXABLE TAXABLE BUILDING SALES % SALES City Total Restaurant (lnline) (1) $1,500,000 100% $1,500,000 $30,000 Retail (lnline) (1) (2) $6,000,000 100% $6,000,000 $120,000 Full Service Restaurant (Pad) (3) $2,500,000 100% $2,500,000 $50,000 Fast Food Restaurant (Pad) (4) $1,250,000 100% $1,250,000 $25,000 Retail Commercial (Pad) (5) $5,000,000 100% $5,000,000 $100,000 Great American One Stop Auto Care (6) $1,800,000 70% $1,260,000 $25,200 Shell Facility (7) $5,220,000 20% $1,044,000 $20,880 TOTALS $28,270,000 $23,554,000 $371,080 (1) Apx. 8,500 sf Inline Restaurant (2) Est. 14 tenants @ 2.50 sf (3) Sit-down style apx. 5,660 sf (4) Apx. 3,500 sf wI drive-thru (5) Apx. 51,836 sf (6) Apx. 6,098 sf (7) Apx. 2,107 sf "Assumes 2.0% Sales Tax to City Estimated Development Schedule It is the intent of the ownership of the Pecan Creek Village Center to begin construction on the Village Center as soon as permits are obtained. Meetings were attended with TXDOT to agree on points of access from Highway 26 and are shown on the plan. Additionally, a lot of work was done with the seller of the property and current neighbor so that shared access could be agreed upon. This shared access in located at the far southwestern side of our property on Highway 26. At this time, we are expecting to begin site work around mid-May 2004, which would include grading, installation of utilities, internal roadways, detention and perimeter landscaping. Construction on Lot 1, Shell/Great American would commence close to that same time, or as soon as grading and utility installation will allow. The Lot 5 Retail/Commercial/Office will begin construction as soon as pre-leasing allows with the construction lender. This is expected to happen around near the beginning of the 4th quarter 2004. Lots 2,3 &4 will be delivered as 'finished pads' and will be ready for development around mid-late July 2004. This is a fairly aggressive schedule, but it is the intent of the Village Center ownership to develop and build-out the center in a very quick timeframe. Alan & Therese Kallerman 1997 Banyon Cmn Livermore, CA 94550 Timarron Owners Assn Inc 1800 Preston Park Blvd, Ste 101 Piano, TX 75093 Conn-Anderson Homes, Inc. 215 Executive Way, Ste 120 Desoto, TX 75115 Gregory & Teres Stuteville 7207 Stilton Court Colleyville, TX 76034 C Allen Turner 1908 John McCain Road Colleyville, TX 76034 Rtan-Rtan Enterprises Inc 346 Parkwood Lane Coppell, TX 75019 Whitco Consulting Ltd 3930 Glade Road, Ste 108 Colleyville, TX 76034 Charlotte Dietrich 7001 Colleyville Blvd Colleyville, TX 76034 Arnold & Joyce Ann Nelson 5800 Hunter Trail Colleyville, TX 76034 Colleyville Creme De La Creme 5922 Dtc Blvd, Ste 360 Greenwood Village, CO 80111 Al Silverberg 7204 Thames Trail Colleyville, TX 76034 Kevin & Wendy Wall 7209 Thames Trail Colleyville, TX 76034 Kimberly & Kevin Mathis 7204 Stilton Court Colleyville, TX 76034 John & Allison Orler 7200 Braemar Terrace Colleyville, TX 76034 City ofColleyville Two Enc inc PO Box 5240 Lubbock, TX 79408 Whitco Consulting Ltd 2105 Harwood Road, Ste 215 Bedford, tX 76021 Charles F West, Sr 7009 Colleyville Blvd Colleyville, TX 76034 Kenneth Ridley PO Box 826 Keller, TX 76244 Comvlimentary Covv To: Creme De La Creme 6805 Colleyville Blvd Colleyville, TX 76034 Hewitt Homes, Inc. 2600 Seascape Court Piano, TX 75093 Michael 0 Browning Homes Inc PO Box 477 Colleyville, TX 76034 Sang Taek Kim 7203 Stilton Court Colleyville, TX 76034 John & Vilma Dees 7200 Maranatha Court Colleyville, TX 76034 Regional Rail ROW Co Attn: Dallas Area Rapid Transit PO Box 660163 Dallas, TX 75266 Tropicana Group LLC 3930 Glade Road, Ste 108 Colleyville, TX 76034 Rocky & Cynthia Hudson 7011 Colleyville Blvd Colleyville, TX 76034 Hasting Cove Ltd PO Box 5287 Culver City, CA 90231 Maverick Drywall & Insulation 1901 John McCain Road, Ste A Colleyville, TX 76034 Monarch Photgraphic Corp 1700 Tennison Pkwy Colleyville, TX 76034 Pulte Home Corp of Texas 1234 Lakeshore Dr Coppell, TX 75019 Jome1 Lp 1307 Haddington Lane Keller, TX 76248 Servicestar Dev. Co LLC, Applicant 5670 Greenwood Plaza Blvd Ste 300 Greenwood Village, CO 80111 Carol Davis 3300 Spring Valley Drive Bedford, TX 76021 Ctaj Ltd 6904 Colleyville Blvd Colleyville, TX 76034 Moterra Home Owner's Assoc 6707 Brentwood Stair Road Fort Worth, TX 76112 Comvlimentary Covv To: Timarron Owners Association Jan Keahey, Manager Southlake, TX 76092 Case Z-04-011 (Notices dated: January 30,2004) According to the last published Tax Record, individuals who own property that is within the.fOO' of the proposed special use permitland-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 r;I--' Planning & Zoning ~Jistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO January 30, 2004 Steve Pappa 720-529-2841 Rick Horn AICP ~ 214-357-2985 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-011 CC2 to PUD-C - Pecan Creek Village The Colleyville Development Review Committee (DRe) 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. If the zoning change is approved, a subdivision plat and engineering construction plans must be submitted and approved by the City before construction may begin on the site. 3. 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 1. No changes are required to the drawing. 2. The DRC recommends that the gas tank canopy include masonry or stone columns and a pitched roof. Other design suggestions from the applicant are welcome. 3. Provide a summary showing the percentage of landscaped areas and estimated building coverage percentage for the development. 4. Will the detention ponds include aeration devices or fountains? 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITIEE Z-04-011 PECAN CREEK VILLAGE TREE PRESERVATION & MITIGATION The Planning and Zoning Commission approved a tree mitigation plan for this property on September 8, 2003. A copy of the agreement was forwarded to the applicant for signature. Please advise on the status of the execution of this agreement. 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 infonnation 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. SEWER Roadway impact fees vary greatly depending on the specific use of the property. Please refer to Chapter 13 of the Land Development Code for details. $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. ROADWAY WATER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property since the property has frontage on Colleyville Boulevard, and John McCain Road is presently under construction. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of a subdivision plat. The fee for non-residential uses is $800 per acre. This fee is not due at this time. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 5-feet wide. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday,February 9, 2004, 7:00 p.m. Tuesday, March 2 and March 16,2004, 7:30 p.m. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-04-011 PECAN CREEK VILLAGE RESUBMITT AL REQUIREMENTS 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 The above requested items must be submitted no later than noon on Wednesday, February 4, 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 PAGE 3 OF 3 ^ SERVICEST^R DEVELOPMENT COMPANY SERVICEST^R February 4, 2004 City of Colleyville, TX Community Development Dept. Attn: Clayton Husband 100 Main St. Colleyville, TX 76034 Re: P&Z Comment Review - Pecan Creek Village Center Colleyville, TX Dear Clayton, Thank you for your comments regarding our proposed commercial project and P&Z submittal on Highway 26 & John McCain. 1 offer the following in response to your comments: Zoning Exhibit Drawing Comments 1. No comment required. 2. You indicated that the DRC would like to see masonry of some sort on the columns of the gasoline canopy and a pitched roof. This is not a problem and in fact, we had considered this on our previous elevations. Our design team will coordinate with the tenant for a modified pitched roof on the canopy, which will most likely be of the mansard variety. The columns will be either brick or stone of some variety, depending on the final design ofthe Village Center. We will want all the buildings to have a consistent theme in theme, colors and materials. We have been successful in the past with bricking the columns up to a height of approximately 8 feet, which adds a nice touch to the canopy. 3. Summary of estimated landscaped areas and building coverage- Lot 1 - 1.92 acres, 16% landscaping, 11 % building coverage. Lot 2 - 1.19 acres, 18 % landscaping, 8 % building coverage. Lot 3 - 0.94 acres, 19% landscaping, 9 % building coverage. Lot 4 - 1.19 acres, 23 % landscaping, 11 % building coverage. Lot 5 - 9.87 acres, 7 % landscaping with 1.84 acres in Tree Preserve and 1.40 acres in detention open space, 10% building coverage. All area calculations are approximate and subject to change with final Site Plan submittal. 5670 Greenwood Plaza Blvd,. 5te, 300 GreenwoDd ViHage, CO 80111 (p1 720 529 2840 {f} 7'20 529 28/-+1 ^ SERVICESTAR DEVELOPMENT COMPANY SERVICEST^R 4. The detention ponds will not include aeration devices or fountains, as they will not be holding standing water. Tree Preservation Comments The P&Z approved a tree mitigation plan for our project, which we concur with and will get the executed copy delivered to you. Other Information and Comments 1. Impact Fees - Information regarding roadway, water and sewer fees have been noted. 2. Perimeter Street Improvements - Noted. 3. Parkland Dedication - Noted. 4. Sidewalks and Trails - Noted. In previous P&Z meetings and general discussions that we have had with Staff and other City Officials, it has been agreed that our site falls within a TIF District for the City. Apparently, this district has yet to funded for our area, but I would like to keep our options open as we move forward with the city processes. Certain situations may arise with suggestions and/or comments that could be beneficial to the developer and the city and discussions surrounding TIF dollars could be a viable option. Thank you for the opportunity to respond. Respectfully, Steve Pappa Sr. Development Manager 5670 Greenwood Plaza Blvd,> Ste, 30e GreenwoDd ViHage, CO 80111 {p) 720 529 2840 (f) 720 529 2841 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 15.10 ACRES OUT OF THE ABSALOM J. LOTI SURVEY, ABSTRACT 963, FROM THE CC2 SHOPPING CENTER COMMERCIAL 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 Pecan Creek Village Center Partners, LLC, on January 19, 2004, under Case No. Z-04-011; 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 as shown on the attached Exhibit "B", by changing the zoning of said property from the CC2 Shopping Center Commercial 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 the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for retail, commercial and office land uses. Ordinance 0-04-dxxx Page 2 of 5 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. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC1 Village Retail zoning district (2) One (1) convenience store with gasoline sales (3) One (1) tire and automobile repair and service facility (4) Restaurants with drive-through windows (5) Day care center or Day nursery (6) Any use in the CC1 district that is 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. ALCOHOLIC BEVERAGE SALES a. A Special Use Permit for alcoholic beverage sales for on- premise consumption in conjunction with a restaurant use is hereby authorized. b. A Special Use Permit for alcoholic beverage sales for off- premise consumption for a grocery store, convenience store, specialty wine shop or gourmet food store is hereby authorized. 3. CONCEPTUAL SITE PLANS AND PLATTING a. The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and will be determined at time of site plan and landscape plan approval. b. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. Ordinance 0-04-dxxx Page 3 of 5 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: (1) Minimum Lot Size (2) Building Line adjacent to street (3) Side Building Line (4) Rear Building Line (5) Maximum Lot Coverage (building) None 40 feet 15 feet 15 feet 60 percent b. The buildings shall not exceed thirty-five (35) feet in height. 5. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The landscaped area may be utilized for storm water detention purposes. c. This property shall be subject to the tree mitigation plan approved by the Planning and Zoning Commission on September 8,2003. 6. LIGHTING a. The height of a light standard located on the property shall not exceed twenty (20) feet in overall height. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to John McCain Road, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. b. The developer of each lot shall construct a 5~foot wide sidewalk adjacent to Colleyville Boulevard, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-dxxx Page 4 of 5 8. GENERAL DEVELOPMENT CRITERIA a. 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. b. The columns of the gasoline canopy shall be constructed of masonry or stone material. The canopy shall provide a pitched or mansard roof. b. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (150) of perpendicular to the right-of-way line of Colleyville Boulevard. c. The servicing of vehicles outside of a building shall be prohibited. d. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. e. The exposed exterior walls of each building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. 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 Ordinance 0-04-dxxx Page 5 of 5 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 .~ 7'exB5 PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: February 9, 2004 Z-04-006 - PUBLIC HEARING - Amendment to Chapter 3 - Land Use regulations of the Colleyville Land Development Code regarding movie theaters BACKGROUND According to the National Association of Theater Owners, between 1988 and 2000, the number of movie screens in the United States rose from 23,129 to 37,185. Statistics from this same source indicate a growing trend for development of large multi-screen theater developments, compared with the older single screen theaters, which numbers have actually declined significantly over the past few decades. At the present time, there are no movie theaters located in Colleyville. However, with the development of the Village at Colleyville and Town Centre Colleyville, the potential exists for development of a multi-screen movie theater complex within the foreseeable future. Colleyville's development preferences have always maintained a concern to keep developments proportional to their surroundings. Therefore, staff is recommending the Planning and Zoning Commission and the City Council to consider the attached proposed ordinance that will establish a maximum number of projection screens allowed in a movie theater. STAFF REVIEW COMMENTS To establish a maximum number of screens deemed appropriate for Colleyville, staff was able to obtain information regarding the growing trend for multi-screen developments and the decline of single screen projects. In 1995, the national average number of projections screens stood at 3.77 screens per theater. This had increased to 5.93 screens per theater site by 2001, and among the top 10 movie theater chains in the country, which account for approximately 32% of all sites and 60% of all screens, the ratio for 2001 was 10.62 screens per theater site. Movie theaters, particularly large multi-screen developments, generate tremendous amounts of traffic and require extremely large parking areas to accommodate the huge numbers of patrons that attend these facilities. A typical sixteen screen facility will have a building footprint of 60,000 square feet or more and will accommodate 4,000 persons at one time. A crowd this large can create considerable parking and traffic problems for a community such as Colleyville with the limited number of traffic lanes available on the major collector roadway system. Agenda Item No.7-Page 1 Placing an upper limit on the number of screens that can be constructed within a single facility will ensure that any movie theater locating in Colleyville in the future will not create a potential parking or traffic problem for the community. Staff is recommending that no movie theater contain more than six projection screens. A six screen facility can usually be placed within a building no more than 25,000 to 30,000 square feet and will accommodate approximately 1,400 persons at one time. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 9, 2004 City Council: March 2 and March 16,2004 RECOMMENDATION Approval Prepared by: Agenda Item No.7 - Page 2 ORDINANCE 0-04-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, TO ESTABLISH A MAXIMUM NUMBER OF SCREENS ALLOWED AT A MOVIE THEATER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TV CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code to establish a maximum number of projections screens for a single theater site; and WHEREAS, the City Council of the City of Colleyville has determined that large multi-screen movie theater facilities create dangerous traffic congestion problems; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: See 1. THAT Chapter 3, Section 3.24.8, of the Land Development Code, as amended, is hereby amended to insert a new paragraph 0) to read as follows: j. Movie Theater Uses: No movie theater shall contain more than six projection screens. See 2. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. -" ._.,.'""~---_._,..~"---~-_.-"'~...,, -~--"-----"--"" ,----_._-~"_.~-- "'" See 3. Sec4. See 5. Ordinance 0-04-XXXX Page 2 of 2 THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of day of The second reading and public hearing being conducted on the 2004. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney