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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-4/26/2004 city or Texas AGENDA PLANNING AND ZONING COMMISSION City Ha'll Council Chambers -100 Main Street Monday, April 26, 2004 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Chairman Jeff Wall Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, Jeff Wall INVOCATION PLEDGE OF ALLEGIANCE CITIZEN COMMENTS AGENDA ITEMS Commissioner Kelly 1. Case P-04-011 - Final Plat of Redus Addition, 14.3 acres located in the 4500 block of Bowman Drive and the 4500 block of Bill Simmons Road 2. Case P-04-016 - Preliminary Plat of Rockrimmon, 10.9 acres located in the 100 block of West Glade Road 3. Case Z-04-017 - PUBLIC HEARING - Special Use Permit for an accessory building on Lot 16, Community Home Addition, located at 5004 Rose Street 4. Case Z-04-018 - PUBLIC HEARING - Special Use Permit for a private horse stable on Lot 2, Block 1, Crook/Womeldorf Addition, located at 4808 Patterson Lane 5. Case Z-04-013 - PUBLIC HEARING - Zoning Change from AG Agricultural to R30 Single Family Residential on 14.0 acres located at 600 Shelton Drive 6. Case Z-04-010 - TABLED ITEM - 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 7. Discussion of the Master Plan Update Planning and Zoning Commission Agenda - April 26, 2004 Page 1 of 2 .0 Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 26, 2004 P-04-011 - PUBLIC HEARING - Final Plat of Redus Addition, 14.3 acres located in the 4500 block of Bowman Drive and the 4500 block of Bill Simmons Road STAFF REVIEW COMMENTS There are four families who own several tracts of land comprising 14.3 acres located between Bowman Drive and Bill Simmons Road. The owners have submitted a final plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create seven lots, one of which would be a vacant lot for the construction of a new single family residence. Some of the tracts of land are not currently platted, and property lines have changed over time as additional property was acquired or exchanged. The owners of the property submitted the plat primarily to establish the overall boundary of the property and the existing lot lines for each owner. One vacant lot, Lot 4, is being created for the construction of a new residence. Zoning. The property is zoned both R40 and R20 Single Family Residential. The R40 district requires a minimum lot size of 40,000 square feet, a minimum lot width of 150 feet, and a minimum lot depth of 150 feet. The R20 district requires a minimum lot size of 20,000 square feet, a minimum lot width of 100 feet, and a minimum lot depth of 125 feet. Lot Width. Lot 4 does not meet the minimum width requirement of the R40 district, which is 150 feet. The lot is approximately 120 feet wide at the building line. The owners are requesting a variance from this requirement for this lot. The lot meets the other requirements of the R40 district. The Planning and Zoning Commission may make a recommendation on the approval of this variance to the City Council. Since this is a final plat, the approval of the variance is at the discretion of the City Council. The DRC is not opposed to the variance for this lot. Parkland Dedication Fees. The payment of parkland dedication fees is required for this development since one new vacant residential lot is being created by this plat. The fee for this plat is $1,802. The remaining lots are exempt from this requirement as there are houses already on the lots. Perimeter Street Improvement Requirements. Perimeter street improvements are required for a portion of this property since Bowman Drive does not meet the current roadway standards of the Land Development Code. The portion of the property subject to this requirement is the new vacant lot, Lot 4. The owner is required to construct one- Agenda Item No.1 - Page 1 Location Map ~ M"1.. J--- -, 1 1& L..-- 1m 1 ,; '\ '"" ...... ;... l- e :::::~ (. ..,. ,; It) ~, ...J f= I ;.; - .A t - ..;; .... (" ~~ I r--- :-; ":::. V');J " ~.I ~s ;:Ii i--- ~ C.f '" <.. \=< . ::: 4 ... I ,~ - '.1 . ;ff-~ - ...... ,.... ... ,vu '"\ y I": K ~ ~............::s::.. ~ :I ~.....: :::: " ... ~~~ ;; Ar4t~ / \ ~< ~:;; :t ~ r' ("-.' [> - \\ /"'""' -- DEVELOPMENT REVIEW COMMITTEE P-04-011 REDUS ADDITION 4. The front building line on Lots 7 and 8 must be revised to 40 feet, as required by the R40 zoning district. 5. An approval block for the City Council needs to be added to the plat. Since this plat has more than four lots, approval by the City Council is required. 6. Revise the title block to read "Final Plat" rather than "Minor Plat". 7. There are several drainage and utility easements that need to be added to the plat. The easements are shown on the marked-up print. 8. There are several comments noted on the marked-up print, which is ready to be picked up. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the [mal plat. Since two (2) new vacant lots are being created by this plat, the payment of parkland dedication fees is required for this development. The fee for residential development is $1,802 per 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 $3,604. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Bill Simmons Road and Bowman Drive are considered unimproved streets and the plat contains vacant residential lots. The vacant lots subject to this requirement are proposed Lots 4 and 5. The owner 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 $138.78, with the actual escrow amount being percentage of the total cost based upon the actual street frontage. The amount due for this property, based on street frontage, is $10,801.25 for Bowman Drive and $14,963.65. 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. SEWER $1,962 per dwelling unit for SINGLE FAMILY RESIDENIlAL uses. Applicable to the new vacant lots 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 PAGE20F3 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 26, 2004 P-04-016 - Preliminary Plat of Rockrimmon, 10.9 acres located in the 100 block of West Glade Road STAFF REVIEW COMMENTS RSD Development is the prospective developer of 10.9 acres of land located on the north side of Glade Road, across from the Mill Creek subdivision. The developer has submitted a Preliminary Plat of the property for review and consideration by the Planning & Zoning Commission. The plat contains 13 lots for the construction of new single family residences. Zoning. The property is currently zoned R20 Single Family Residential. The proposed lots meet the requirements of the R20 zoning district. The minimum lot size in the subdivision is 20,000 square feet, and the average lot size is 29,218 square feet. Number of Lots. In the R20 zoning district, the Land Development Code restricts the number of lots on a cui de sac to 12 single family lots. The proposed development contains 13 single family lots. Typically, the two lots at the entrance to the subdivision are not counted since they are corner lots and have access to two streets. However, this subdivision is proposed as a gated community, and all 13 lots will located within the gated area. The developer is requesting a variance from this requirement to allow 13 lots in the subdivision. Gated Community. The owner proposes to make this development a private gated community. Chapter 10 of the Land Development Code contains requirements for the development of private gated communities. The street within the subdivision would become a private lot owned by the homeowners association, which is responsible for maintenance of the street. The gates would be operated by an automatic opening system. The subdivision has 13 single family lots; the requirements suggest a minimum of 20 lots for a gated community. The developer is requesting that the gated community be allowed for the 13 lots. Since the request is for a gated community, the Fire Department has also recommended that a fire sprinkler system be installed in each residence. Response times to emergencies in the subdivision could be affected if gates do not open properly. Agenda Item No.2 - Page 1 Location Map ~r' ...... ,..... I I I .. ~ ~ ~ :r<,\) --' v .. ~l. RUS~ ...... I~ ~ I--- A~ bl tJ j W'" -..... --..... ~ A.~ oj' kn III "' 'to'" "'\.'" II' :LINE ~ I"" '''-.,i I I J ~ .I .....- \ ",,- .-r"" ... .-: ~ rr, . - ..- :L,J , ~ ~ b I." -- -.---.--- 1 -r ..... A.' ,..... .,... ....- . :. ~ L 'I: r\ J ~.~" Ie l---L--l-- ,.. ~ L-. r---.. ?~ - ..:.\ -~1 ~ ~--;' " . \ t:W -= +-:i;j .. \ tlf J ztE' ~~~ ....... " :~ q: I ~ I.... ---- -"'I:" ~, t..ln, \/\,I uH ') \J' " T .-~ ~ \-- ~ L1jJ r~ $: <Ji)> j- E ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO April 13, 2004 RSD Development 817.485.7111 ~ lackey Fluitt 817.306.1555 FROM Clayton Husband, AICP, Development Coordinator SUBJECT P-04-0 16 Preliminary Plat - Rockrimmon The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. The drawing indicates the development is proposed as a private gated community. If the development is proposed to be a gated community, the street must be dedicated as a separate lot that is owned by the homeowner's association. It is recommended that the developer review the requirements of Chapter 10 of the Colleyville Land Development Code, which contains the development requirements for private gated communities. 2. A detailed drawing, to scale, of the gates and entry area must be submitted with the final plat so the relevant requirements for gated communities may be evaluated. A permit for the gates and related equipment will be required from the Fire Department prior to construction. 3. A portion of the entrance street will need to be dedicated as public right-of-way. The exact dimension of this dedication will be provided upon the review of the detailed gate drawing. 4. The proposed layout indicates islands located within the street. The street pavement width on either side of the islands must meet minimum width standards to allow emergency vehicle access. Indicate on the drawing the pavement width on either side of the islands. 5. Show the radius of the cul-de-sac turn-around. 6. The proposed off-site drainage and utility easements must be executed and recorded prior to construction. 7. Glade Road is classified as a Minor Arterial roadway on the Thoroughfare Plan. A Minor Arterial roadway requires an ultimate right-of-way width 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. The right-of-way should be verified on the final plat. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-04-016 ROCKRIMMON SEWER $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. 4. SIDEWALKS AND TRAILS. lbis property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Glade Road. The Pathways Plan requires a lO-foot wide trail along Glade Road. The developer is required to construct the trail as part of the improvements for this property. 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, April 26, 2004, 7:00 p.m. Tuesday, May 18,2004, 7:30 p.m. RESUBMITT AL REQUIREMENTS A set of marked-up prints is available for pickup in the Community Development Department offices, if needed. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies of the revised Preliminary Plat drawing · 2 copies of the revised Preliminary Plans (engineering) · one 8W' 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 noon on Wednesday, April 21, 2004 in order to make the scheduled hearings. Please contact me at 817-503-1054 or husbandc~i.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 26, 2004 Z-04-017 - PUBLIC HEARING - Special Use Permit for an accessory building on Lot 16, Community Home Addition located at 5004 Rose Street STAFF REVIEW COMMENTS Reese Carrington is the owner of a 0.77-acre lot located on the west side of Rose Street, just north of Glade Road. Mr. Carrington began construction of an accessory building prior to obtaining a building permit. The owner was notified of the need for a permit, and he submitted an application on February 27, 2004. Upon review of the permit it was determined that the height of the accessory building exceeded the height of the house, which is inconsistent with the height restriction required by the accessory building regulations. The owner has applied for a Special Use Permit (SUP) in order to allow the accessory building on the property. The existing houses in the area on Rose Street were generally constructed in the 1950s, and the neighborhood is zoned R40 Single Family Residential. The houses are mostly single-story with low-pitched roofs. The house on the property in question is approximately 15 feet tall at the peak of the roof, which is well below the 38-feet maximum height allowed in the R40 zoning district. The accessory building is constructed with a hip roof and contains a second story. The overall height of the accessory building is 17 feet. The building is located in the back yard, and is slightly visible from the street. Drawings of the building and pictures of the property are attached. 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 Zoning Reauirement Applicant Proposal 1. Maximum Size 1,000 sffor lots between 0.5 and 680 sf 0.99 acres in size 2. Max. Number of Buildinas 3 2 3. Side Setbacks 5 feet 48 feet on north side 63 feet on south side 4. Rear Setback 5 feet 105 feet 5. Max. Height Not exceed height of primary exceeds height of primary buildinq buildinq bv 2 feet Agenda Item No.3 - Page 1 , [------ 1~ L_I \ '" t.I '" o t.I ; \~ I\~ ~----_.~._... ~ O:l ~ y ~c:. , 00 Ii'" -t- ~ <J' '" u ~~ .... o ~ w ~(f1'i=: ~ 7J -:: ~..- '" >> (')~ -----~ ~~~ (}J ~()J 0; .- '" o ......_.~_...._m.....___...._..._.__...._...m__...._.__......_~__._m...__~._....._......_._.....___._.._~....____. -r~~\ ! 0 \- ~: T\,- \~ :-l \ 0 \ ~ \ 0 \ '" :.. Ul '" <D :;>;) o 00 io .... " ;0 0> '" l___________ I i po ;;j > (') ..... o i "'-'l-..l.-.--~-'-'-''''---'-''-' i '" t.I .... Ol --\11 ~ t.1", t;: ~ > )> 0 (') ! I l ~..... I ITI- --- ---- I ~ I ~ \ ~ N I I ST ..... ~ I'" . ____{J ~ ~ ~ i>>~ 00 0> o~ (') '" --j :;;1'0.> ~ '" '" ~ '" '" Ol :.. ....0> >m.... 0"':;>;) > > m o %\\ c.O ~ ~ io . OI-..,.J. ! " i o~ ~__ r-...----:-~ S::u >8l .UI----..--.-....-. o In "tJ ~ o ~ o )> :s r;; ::c c ;:0 ..-.. .... t.I '" z ~---~) .... _.=-~ I '" I I Q --- --- -- -------lll :;l r.; t.I 0 ;0 0 :;Q -< -----~-- ------~ tP ~:-~~j ~ ~3i _ ~ '; tv ~ ___ ,.;> (I Vr ~ cjP- --::--\ ~~ I ___-----l--!.------_L---- 00 \1 ~ : > 0 , 0 =-: \ .--.-.-.---..---...-...-.-.... ----_:_ _1_ <D Ji : : (') ~ _.N.-- - -.1 ---T~---- _ ~~-=~-~ \-'-~: <o.J \ \ '" '" -1 tP a> o 10> '" '" .... Ul .... ;0 () ~ '" > Ul ~ o 0> '" Ol '" 0> DH <D .... m c; Ul '" '" , , , ! ! , .... ( '" ;0 :;>;) I ~ c~~ --.---..:Ji -{ ~ t '" i I I ~~1 ~ ! ~! ! (1) ! '" L____J__~__ )> )> < < )> ~ .... a r :z a 0 z --.----....- )> r fT1 N 01 ~ 0J -;-0 ~'- oll':. ~ cP- r> D <:) cftJ 'IS <: e:. <'- )Co r (C -J :r J c:> i ?- V' ~ q o ~ .. "t .>- G cz: \I' . r -0 i 1 t' 'i.) " 0 "'S: 0/0 t .., ~ ~,.. .<" ."t. rs,- ..p ("' 7 t..l: ("-0 ~; ('"-+ '^ ~ 1L ',=> c::>--\ ~ Cl 0 -. :.t~ ~ ""' -;y f "'" Y ~. -'/ lI\ '" t A ~~ ~ ~ ~ '-'I. 1\ :--- ~ ... ::t-:. 't ' VI ?:::::,~ ~ ~ ~~. ~'i " t C)-. ~ ,j. ~ I I I i : -0 K. V" ~ ,-- \- C ~<...T ..r 7- ~ ..A-"A'7f" ., ~ -;;- /' \) tr 1"" ).. - 1-0/ ~ 0 '5 ~1 IJ~... ~ 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 16, COMMUNITY HOME ADDITION; 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 Reese Carrington on March 30, 2004, under Case No. Z-04-017; 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 16, Community Home Addition, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum height of the building shall not exceed seventeen (17) feet. b. The location of the building shall be consistent with the drawing attached as Exhibit "S". c. The elevations of the building shall be consistent with the drawing attached as Exhibit "C". d. 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. cce~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 26, 2004 Z-04-018 - PUBLIC HEARING - Special Use Permit for a private horse stable on Lot 2, Block 1, Crook/Womeldorf Addition located at 4808 Patterson Lane STAFF REVIEW COMMENTS David Womeldorf is the owner of a 2.4-acre lot located on the west side of Patterson Lane, just south of Glade Road. Mr. Womeldorf would like to construct a small horse stable on the property and keep horses on the property. However, the property is zoned R20 Single Family Residential, and a Special Use Permit is required to allow horses to be kept or stabled on the property. The owner has applied for a Special Use Permit to allow the use. The Land Development Code allows private horse stables for domestic use in the AG, RE and R40 zoning districts as a matter of right. However, approval of a Special Use Permit is required for this same use in the R30 and R20 zoning districts, primarily due to the relatively smaller lot sizes. Many of the properties in Colleyville that are zoned R20 are developed as traditional single family subdivisions, and the Special Use Permit process allows each request to be reviewed on an individual basis. Many of the lots on Patterson Lane, though zoned R20, are over one acre in size. The lot in question is 2.4 acres in size, which is considerably larger than the requirements of the R20 zoning district. There is a single family house currently on the site, and the applicant submitted a drawing showing where the stable would be located on the lot. The proposed stable contains two stalls and would occupy 286 square feet. The properties surrounding this tract are all developed a single family residences on acreage lots. In a survey of properties in the area around the subject site, staff found a number of sites that included barns, stables and horses along Patterson Lane and Bill Simmons Road. The Colleyville Code of Ordinances allows one horse per 15,000 square feet of lot area. Mr. Womeldorf's lot is 2.4 acres in size, which could permit up to seven (7) horses on this tract. Resources consulted by staff generally recommend a minimum of two acres per horse. The proposed horse stable on the property is designed to accommodate two (2) horses. Since the request is for a Special Use Permit, the Planning and Zoning Commission may establish limits on the size of the horse stable and the number of horses kept on the property. Agenda Item No.4 - Page 1 - r--- '-"'l.- " -1Dt-rnr '- Nul''-'''' \ 7 - - r- ~ l....J :.........-- I-- ~ ---- - - f----- ~ 1\ I I ~ 11 I LEY ". ~ Location Map G,adE, Rd 'l.f--L~- ~~~\ ~ ~ ,.- r--- J - 1 - - - - , - I-- -- l12< .......... ~ <1 ") .,,~ ~. a ...; f \: ~ 1 ~.r II t I ~ -ill 1 L{_ L1lJ \ \ 1.0... l 1 - I - I--- I L J GLA - ~~ ;~~~ % ~- ~~ - - - l? po. r-- : - - - t - ~\- ---- t-- ~ I \ I I I l i 'j d ii 11 i ~ \' ,I Ii ;! ;, I I i I I I I j 1 ! ! : } _J j ~ ~): () ~ ~ ~' cS~ ~ 5' ':) \- ~ & t'::t '"c) 33 ~ :>' Ir '0 b -. Cxl '3 -.r . - ......... 'J- ~ \4 ~ ~ \) w. ..... ~ , ,\ " Z-04-018 Sultan, Tariq & Rifat Tariq 2209 Glade Road Colleyville TX 76034 Carpenter, Reeta L etvir James 2201 Glade Road Colleyville TX 76034 Velasquez, Edward etux Linda 2305 Glade Road Colleyville TX 76034 Lohse, Mark E etux Jeannie A 4900 Patterson Lane Colleyville TX 76034 Hodges, Marilyn 2301 Glade Road Colleyville TX 76034 McCuistion, Michael etux M L 4905 Bill Simmons Road Colleyville TX 76034 Patterson, Michael E etux Mari 2205 Glade Road Colleyville TX 76034 Shanklin, Caroll J PO Box 598 Colleyville TX 76034 Vincent, Danny etux Linda 4811 Patterson Lane Colleyville TX 76034 Williams, Royce G 465 Austin Hines Drive China Spring TX 76633 Labarge, Amy & Lonny Labarge 4809 Bill Simmons Road Colleyville TX 76034 Mouton, Mark D 4805 Bill Simmons Road Colleyville TX 76034 Barr, Alvin F etux Evelyn F 4801 Patterson Lane Colleyville TX 76034 Maass, Robert A etux Katie 4800 Bill Simmons Road Colleyville TX 76034 Penner, John 4708 Patterson Lane Colleyville TX 76034 Erhard, G Daniel 4701 Bill Simmons Road Colleyville TX 76034 David & Robin Womeldorf, applicant 4808 Patterson Lane Colleyville TX 76034 Case Z-04-018. Notices dated April 6, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP Ordinance 0-04-xxxx Page 2 of 2 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 Secreta ry Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 8, 2004 Z-04-013 - TABLED ITEM - Zoning Change from AG Agricultural to R20 Single Family Residential on 9.8 acres located at 600 Shelton Drive UPDATE The Planning and Zoning Commission tabled this item at the February 23. 2004, meeting to allow the developer time to respond to comments generated by area property owners during the public hearing. The developer has not submitted any additional information. However, staff met with the developer on March 3, 2004, and he stated he is considering filing an amended application on the property. If this occurs, staff will notify surrounding property owners and schedule a new hearing before the Planning and Zoning Commission on the revised request. The following is a summary of two other issues discussed at the meeting. Lot Size and Dimensions of Surrounding Lots. There were questions concerning the lots in the surrounding area, and whether those lots are consistent with their respective zoning categories relative to lot size and dimensions. Staff reviewed the lots and/or parcels on Hunter Lane, Shelton Drive, and the north side of Beverly Drive. Many of the lots are platted lots, and are considered lots of record. The unplatted tracts were not evaluated to determine lot of record status. An exhibit is attached showing the area studied. A color exhibit will be presented at the meeting. There are 15 lots on Hunter Lane, which are zoned AG, R40, R30 or R20. Of the 15 lots, six of the lots are smaller and narrower than required by the respective zoning district. One lot does not have the required frontage on the street, and one other lot does not have the required lot area. Seven of the lots are consistent with the respective zoning district. The parcels of land located on Shelton Drive west of the subject site are zoned AG, and all meet the lot area requirements of the AG district. However, the parcels are not consistent with the lot width requirements. The lots on the south side of Shelton Drive are zoned R40 and are consistent with the R40 district standards. Water and Sewer. At the meeting, the Commission requested information on the availability of water and sewer utilities in the area. Both water and sewer are available adjacent to Shelton Drive and Hunter Lane. Upon development of the property, the water line would be required to be looped into an existing water line, such as the one in Hunter Lane. Sanitary sewer mains would tie into the existing main line in Shelton Drive. Agenda Item No.5 - Page 1 3. Development Trends. The long-term trend for this area is for single-family development. The property in the area is 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 parcel is valued at $96,096. The estimated City property tax revenue for the undeveloped property is $333 annually. A portion of the property has an Agricultural exemption from Tarrant County. 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 17 proposed residences would add 163 vehicle trips per day to the surrounding roadways. Shelton Drive is classified as a Minor Collector on the Master Thoroughfare Plan. There are no available traffic counts for this area. 7. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Six . letters in opposition to the request have been submitted. copies of the letters are attached. A petition in opposition, with 43 siqnatures. was also submitted. and a copy of the petition is attached. SUMMARY The proposed zoning change is consistent with the Land Use Plan, which designates this area as a future single family area. The recommendation for approval is based on this issue. Given the existing density of lots in the area, the proposed development may be incompatible with the surrounding existing development in the area. However, the opportunity for subdivision development similar to the proposed development could exist along the north side of Shelton Drive as those properties are similar in character. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 23, 2004; March 8, 2004 City Council: April 6 and April 20, 2004 Agenda Item No.5 - Page 3 AG Z04013 - Zoning Map Z-04-013 Combs, Bobby J Etux Christine 6106 Hunter Ln Colleyville TX 76034 Darrow, Kenneth R Etux Cheryl PO Box 1806 Colleyville TX 76034 Doody, Kevin Etux Kathy 1701 Park Place Ave Bedford TX 76022 Henslee, James 0 PO Box 863 Colleyville TX 76034 Lothrop, William & Beverly 607 Shelton Dr Colleyville TX 76034 Lothrop, William 0 & Beverly L 609 Shelton Dr Colleyville TX 76034 Love, Kevin D Etux Margaret M 6000 Hunter Ln Colleyville TX 76034 Madden, C L III Etux Ruth Ann 6112 Hunter Ln Colleyville TX 76034 Pan no, Stacy L 6110 Hunter Ln Colleyville TX 76034 Perkins, Timothy B 12208 Maplewood Dr Keller TX 76248 Pine, James W 5918 Hunter Ln Colleyville TX 76034 Quinn, Garry L Etux Helen J 511 Shelton Dr Colleyville TX 76034 Ray, Albert G PO Box 475 Colleyville TX 76034 Rettig, Mary K Etvir Howard A PO Box 17 Colleyville TX 76034 Vanderpool, Jeffrey Etux There 601 Shelton Dr Colleyville TX 76034 Young, Bradley A Etux Beverly 6100 Hunter Ln Colleyville TX 76034 Billy & Dinah Stephens 612 Shelton Drive Colleyville TX 76034 Ray, Albert G PO Box 475 Colleyville TX 76034 Markwood, Stacy etvir Brian 6212 LD Lockett Road Colleyville TX 76034 Wood, James H etux Susan L 6001 Bransford Road Colleyville TX 76034 Case Z-04-013. Notices dated April 6, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP 612 Shelton Drive Colleyville, Texas 76034 April 20, 2004 Planning and Zoning Commission City ofColleyville 100 Main Street Colleyville, TX 76034 Re: Rezoning Request at Shehon Drive Case No. Z-04-013 We are writing in connection with the revised request for rezoning at Shelton Drive. The developer has acquired four additional acres and is proposing to build one less house than originally planned. Unfortunately, this does nothing to solve the original problems offlooding, sewage and increased traffic. We feel that the best thing for the neighborhood would be for Mr. Cline to request R40 and build no more than 10 houses. Also, upon reflection, we realize that housing additions often take years to complete. New developments are usually in non-residential areas, or are placed next to other developments. People buying houses in new developments accept the fact that there is going to be ongoing construction for years. The Shelton DriveIHunter Lane neighborhood is different in that Mr. Cline is proposing to build a housing addition in the middle of an existing neighborhood. A neighborhood that is quiet, peaceful and uncongested. The houses that have been built in this area in the last 8 years have taken only a few months to bui1~ have been built one at a time and have caused little or no inconvenience or stress to the residents. What Mr. Cline is proposing will most likely cause inconvenience and stress for a number of years and will completely ruin the feel of the neighborhood. We believe that by building 16 houses, not only will one of the few remaining rural areas ofthe city be ruine~ but the cost to the city in having to solve the inevitable drainage and sewer problems will be considerable. Very truly yours, ,#~ $C~ ,~t(flvho0 Bill & Dinah Stephens ~ Fence- fencing in of the proposed development would negatively impact the rural atmosphere and open spaces of this area of Colleyville ~ Lighting-the addition of street lights and lighting of the exterior of the 16 homes would distract from the rural atmosphere ~ Increase Traffic-can the current narrow street support the increase in traffic flow Our first desire would be to keep the Chism and Rettig tracts as it is. The current neighbors chose this particular area of Colleyville for the large lot, rural setting that exists here. There are other areas in Colleyville that will support this type of development in our city. We are urging the Planning and Zoning Commission to consider rezoning the property R40 instead of the proposed R30. This petition is supported by the citizens of Colleyville who are neighbors of the development site whom appear on the following attachment: April 21, 2004 Signa.ture ~O\ S\.d~ 1 ~R- ~ VQv\d~p~1 ~\ q,e\~ 2. ytiF ~~-L ~~ :>2.a? &-~~3. DMK:.U,L- ~\'H (:1@~. ~ S\ ~ l,V\":k 4.?AiJ L J<'fi'I1Md~ r ~~ ,,-= g._U5. ~ ~~ ~ ~\t? ~"..~ 6.----robj) f,'fHJ ----- r--- c/qr ~\~.....\.- 7. -r.eV"~" w O.r\<-~h ~ ~ S-\\ S\-e\1.- 8. .)dOMr:Ji?6'wrh&.;~ J~;hO~ 10'1 5J.eL+O"9 ~J {l.ffi..- ;t>$-n;"'Jla~ 10Y 5"e(fo~I~. AUA MLetJ ~ ~ e (t;:5 Ho ~ l. f ~ E' dCJ~ Cli!.-.:J;.> .3. f (? ;;-7? cf}!3 CZ! ({)~ ~12. 13ob~ COmbs' · . ~/7-4fs:- tf jlt7~ ~ 13. CArr' <0 Crm!o~ CirJrW~ '5"'3 / l/ siuJ~ 14.f/JL A)..- .. f 17- LffS:- f>5<f/ ,U(PLDLod j . . ~" ;/eieur Ql{/"I.V\.'Zn- 5'ii'{- '/</'U , 15. illt~L ~ ~ '(17-(/z'1-6Z2.1 u~ mA:il&7r /,-~ / . ( . ? 16.~~ f,7-Yl-f..-oZlr( '04~ 17,LIS6.J/ltCpJ~hzr '6(7 4d,8~JgJd-- 04/21/2004 15:11 8174219723 LOTHROP INSURANCE April 21. 2004 l,o~~ Petition Signatures: PAGE 03 Phone # ~17 ,Li<1~ -s7L1'Z g/7-~8-P?:/(J ~/7-tf9~ -g''101o <6/7 S-1Ht:i9J.- '617 -1ft9-%&b PI1- 198 -c09h ~ "., L{C)~ fYr1- ~. J'1- 67/ r;f/3! '6lr; ~dgl</~y31 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 26, 2004 Z-04-010 - TABLED ITEM - 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 UPDATE The Planning and Zoning Commission tabled this item at the February 9, 2004, meeting to allow the developer time to respond to comments from the Commission. Since that time, the developer has evaluated the project and made several changes to the proposed layout. The changes are summarized below. Lot Sizes. The minimum lot size has been increased from 4,000 square feet to 4,500 square feet. The average lot size has been decreased from 5,500 square feet to 5,300 sq u a re feet. 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. The open space in this project has been increased from 6.4% (0.58 acres) to 22.8% (2.05 acres). The open space is located adjacent to Little Bear Creek, on the north side of the interior street, and within several traffic islands of varying sizes. The developer proposes to plant street trees approximately three feet behind the curb. The attached PUD-R ordinance allows the open space areas to be utilized for storm water detention. The developer is requesting that storm water detention not be required for this development. The DRC is opposed to a waiver of the storm water detention requirement. Lot Dimensions. The minimum lot width has been increased from 40 feet to 50 feet. The minimum lot depth has been decreased from 100 feet to 58 feet. The change in depth is proposed due to the configuration of some of the lots, which are wider than they are deep. Building Lines and Setbacks. The front building line has been changed from 18 feet to 15 feet. A new front setback has been added to require that garage doors facing the street be setback at least 18 feet from the property line. A new side setback has been added to require a 10 foot setback on the side lot line adjacent to a street. Fire Prevention Measures. The developer met with the Fire Department to discuss fire prevention and emergency related issues for the development. A new section has been added to the PUD-R ordinance that establishes requirements for building construction on a zero-lot-line configuration and limitations on on-street parking. Agenda Item No.6 - Page 1 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 Colleyville Master Plan designates the future use of this area for office and commercial type land uses. This request is not consistent with the goals and objectives of the Master Plan. 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. 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 Agenda Item No.6 - Page 3 ATTACHMENTS · Location Map · Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified . Development Review Committee memorandum . Applicant Response to DRC memorandum · Draft Ordinance Prepared by: ~ Agenda Item No.6 - Page 5 ~?'r\ttic , S' '1.1\1, : ~Ij lU-I"-' 1 1O.02Ii . : ,.,.. !~l r . (LADE . lIIO' ,_1 10M 12 AC --------- 211 lR2B lR 2C 1.0 AC .,"",,'~"~"l ~~. ,1.0~. TR'it:AC i ~~_~_I[ I A ' 3 ..- 2 i 1 : L' r\"rxl , , I , , 14 ' Q I , , : ! , c ci,'- .,. 4\~"", lR 2G , ! .... At 111 lR%V 1.1 AC !~.~ - ~-- ;:j T1I2K 4.11 AC : -- r~, , I i ; . , I , i , Ht , , "~ TII 2.12 1', V/'~Jf~: ), tr:25~_~J ~,,"--'-'__-._d" r"~',."" . 1" "<,-~~,,',,,j'" " .....! >.." " ./ >"'0' ,O~ "'J.~7~' ....,";~::- .......~ \,-' '- ./...... : , . ,,-, " \ ( J '. '- '- I // ........f" ~'''<.:.. ,\, 7.13 Ao , _ <,) : \ 6' __..~_____ , ~: .....r ..-..... 1\..// ~ 4" ')' 1 .....,.,...--. ....,.;,;ii..' ........._ I " ._............__._......i) .,..."tI.........".. V ;10 <t..l:\...-;,....... . ,', , , 'I ." .~ 'it!~,... -. , '1---.... " 11 \ 14 ; 111 '. 17 .'. ..... .\\~~ I \ 2 i r ~ 11 ", 12, \ .\ .~.~\j~ . }: 20 : 21;''' 1 _ C /~{ '- t: ! ,.. ,\,-~\J" ,22 ,,\' ..'-ii'\ ':' 21 &\1~ ,i'. .'.. lei:' 111 ,:'''''1J''I ":18 .... < \'. c,r'1Y:' 1 -' (>.',.... . ......~"...;~.;;;;;;;.;:.~;......'O;;~.., :.: ~ s N i."" .. =. ~: " ~ . j".~ '-C~~ ~~. ,~ .- 1\'1'. I I '-;;! " ., 20 / " ';~'. .' 23 /'" 17 41... '. 11.112 All ........~!~~;~./... . . ..;....' C "'" '\7'- \",..<\!.: -"<.~\ 1.1' ~ I 't, ~ 'I' .:.........J '"n. "*:'1 ~i: : I '11 . ' 'I I ~ /.,,' / lRlI I '-I '--.., ---- -,..24.442. / "', ..~- --.-.---:/y "'.. /:,.. --.-- -:-~:,/ Location Map & Area of Notification Case # Z-04-010 - Zoning Change from CC2 to PUD-R ~ I -.I! '" ~!ii ~ <> I~ ~1 '" N. ~ H:;i ~8!i~~~ "ii1 !ll';.,;""li;J::: ~~ ca~~~J.~ ~~ i::~.!t$~ fib! 13~ __~o.&.V.WI'\_\___\---.;tl ... ...... ~ _.""._'11".. '15i co 10 P ~ ,ii i ~ ~ ~~~ I~ I- Q g~iil B ~ liP~~;1 ~ ~ ~lii2 ~ o ~~ ..,~ '"~ - 1 6i ~8 olN ~ i; ~ fi Ii o H ~ ~I ~~ HI : I~ ~ 1; ~ II I ~h ni i u Ii ~~~ J! ~ III ~ ~ s ~ ~ i f 'S " I. ~ .~J !t nl I;' '"it .A~ i1, 'SSc c,u ~rl !I~i ~J ~ !II! 14 ~ :"11 I ~ IJS~ ~~~~ ~~I: ~~!1. J I Issue 1: Housing Quality and Land Use. Objective: "Town homes and garden homes tful,t exceed 1.8 units per acre may be acceptable in areas that meet one or;!tn():l'e' ()fthe following criteria: a transition area between commercial uses and les.~'dense residential, near major intersections, smaller parcels that mak~less dense development economically difficult and sites with unique topOgraphical features." Cambridge Place meets all of these criterm. . To comply with objectives outliQ.edin the Colleyville PUD Ordinance to "permit flexibility to encoll!age a more, creative, efficient, environmentally pleasing and aesthetic desig~" and "<f~~~~~ti4i()ns 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 individualbuilders/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\ARCOOI\Word\PD 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 of the street. The sidewalk: shall be at least five (5) feet in width. 7. PLATTING The developer shall submit a final plat of the property in accordance with Section 2 C ofthe Colleyville Subdivision Regulations. The zoning exhibit attached shall constitute the preliminary plan. H:lProjectsIARCOO1\Word\PD Regulations.doc 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 infonnation 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: Minimum Lot Size: 13,000 sq. ft. Front Building Line: 30 feet Average Lot Size: 16,000 sq. ft. Side Building Lines: 10 feet Minimum Lot Width: 100 feet Rear Building Line: 25 feet Minimum Lot Depth: 120 feet 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-010 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 -1 054 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 30F3 There was also discussion regarding adding residential fire sprinkler systems to these home. I stated during the meeting that the cost for this system, in new construction was approximately $1 .15 per sq. ft. I contacted a local company that has installed these systems in Colleyville including Heritage Glen, Tanglewood and Timarron. The cost forthe system for these homes was $ 1.20 per sq. ft., based on air-conditioned space. For a 4,000 sq. ft. home this would increase the cost of the home by $4,800. Thank you for your consideration of these additions to the approval of this project. Respectfully, ~- Jeff Jones Fire Marshal City of Colleyville 1900 Hall-Johnson Road, Colleyville, Texas 76034 (Office) 817-488-6277 (Fax) 817-488-2943 ROARING BROOK DEVELOPMENT COMPANY Phone: 8174105710 SUITE 111. 1111 S. MAIN STH 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 ~~~ 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 3 of 5 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 "B" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject 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. 8. FIRE PREVENTION MEASURES a. Zero Wall Construction The Lots are being developed utilizing a ZERO-LOT -LINE concept. Accordingly, the outside wall on one (1) side of each residential structure to be constructed on a Lot is to be constructed along a line 3 feet (3') inside the property line (the ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-04-xxxx Page 5 of 5 CITY OF COLLEYVILLE Joe Hocutt Mayor