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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-5/24/2004 city Of Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, May 24,2004 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 APPROVAL OF MINUTES Commissioner Kelly April 26, 2004 May 10, 2004 RECOGNITION OF OUTGOING MEMBERS SWEARING IN OF NEWLY APPOINTED MEMBERS Dave Dudziak, Place 5 Tom Hart, Place 6 Luann Edwards, Place 7 ELECTION OF OFFICERS Chairman Vice Chairman APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE CITIZEN COMMENTS AGENDA ITEMS 1. Case Z-04-022 - PUBLIC HEARING - Special Use Permit for an accessory building on Lot 1, Block 1, Panno Addition, located at 308 Black Drive 2. Case Z-04-021 - PUBLIC HEARING - Zoning change from CC3 Highway Commercial to PUD-C Planned Unit Development Commercial on 3.235 acres located at 101 Cheek Sparger Road Planning and Zoning Commission Agenda - May 24, 2004 Page 1 of 2 3. Case G-04-015 - Consider recommendation of the Master Plan update to the City Council 4. Staff Comments, Reports and Discussion Items: The following item was received on the last case submittal deadline: · Case Z-04-016 - Special Use Permit for day care on Lot 1, Block 1, Pleasant Glade Assembly of God Addition, located at 2508 Glade Road · Case P-04-020 - Amended Plat of Villas del Mar, 4.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive · Case P-04-021 - Preliminary Plat of Tuscany, 8.7 acres located at 5850 Colleyville Boulevard · Case SP-04-007 - Site Plan and Landscape Plan for JR's Prime Texas, a restaurant located at 5400 State Highway 121 5. Commissioners' Comments and Reports ADJOURNMENT Posted: Friday, May 21, 2004, 4:30 p.rn. Clayton Husband AICP Development Coordinator Planning and Zoning Commission Agenda - May 24, 2004 Page 2 of 2 ~~ T'exas PLANNING AND ZONING COMMISSION MEETING MINUTES - April 26, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Jeff Byerly, Mark Jones, Earl Swift and Jeff Wall were present. Barry LeBaron and Clayton Husband from staff were present. INVOCATION The invocation was given by Commissioner Kelly CITIZEN COMMENTS None AGENDA ITEMS 1. Case 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 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Jones asked about the status of the zoning on this property. Mr. Husband said the zoning has been approved by the City Council. Chairman Wall opened the public hearing. There being no one wishing to speak, Chairman Wall closed the public hearing. Motion by Commissioner Jones to approve the final plat, seconded by Commissioner Kelly. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Jones, Wall Nay: None 2. Case P-04-016 - Preliminary Plat of Rockrimmon, 10.9 acres located in the 100 block of West Glade Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. Mr. Husband stated this property is zoned R20 and the developer is proposing to divide the property into thirteen residential lots. The developer proposes to make this a gated development. Mr. Husband pointed out the Land Development Code requirements for twenty lots for a gated development and the proposal is requesting a waiver of that requirement. Chairman Wall stated the Fire Marshal was recommending the homes be Planning & Zoning Commission Minutes -April 26, 2004 Page 1 of 8 Draft required to have fire sprinkler systems. David Hannah, 3401 Amherst Circle Drive, Bedford, Texas, the developer stated they didn't object to the sprinklers, but were not in favor of them. Mr. Hannah stated they have extra pavement width added at the request of the Fire Marshal and would limit parking in front of those lots adjacent to the island and would make that a requirement of the homeowner's association documentation. Mr. Hannah stated that an emergency vehicle would switch over to the other side of the street, should there be difficulty passing by in an emergency situation. Mr. Hannah stated these are three quarter acre lots, so there would be plenty of off-street parking. Chairman Wall asked about the sizes of the homes in the development. Mr. Hannah stated they would be 4,000 square feet and up. Chairman Wall stated the sprinkler system was not an issue to the developer, but there were fewer lots in the development than the minimum required by the Land Development Code for a gated development. Motion by Commissioner Byerly to approve the preliminary plat, seconded by Commissioner Kelly. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Jones, Wall Nay: None 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 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Mr. Husband stated that the applicant had started construction of the accessory building without a permit and was notified by the Building Inspection Department to apply for the Special Use Permit. The accessory building meets all the requirements, except for the height, which is approximately two feet taller than the primary house structure. Chairman Wall opened the public hearing. There being no one wishing to speak, the public hearing was closed. Ms. Carrington, 5004 Rose Street, the owner of the property, stated that they were one of the first settlers in Colleyville and have lived in the home for many years and the old home was built with a very low roof slope. Ms. Carrington stated that the contractor who built the accessory building was supposed to get the necessary building permits. The contractor stated he called the City and was told that he didn't need a permit. Commissioner Kelly asked what can be done to prevent these types of problems from occurring in the future. Mr. LeBaron stated that code enforcement staff routinely notifies citizens of permit requirements when illegal construction activities are observed. Mr. LeBaron stated that accessory buildings often get constructed without permits because they are generally located behind the main buildings and are not visible and they seldom Planning & Zoning Commission Minutes -April 26, 2004 Page 2 of 8 Draft require water or electrical permits, which would trigger the need for a building permit. Mr. LeBaron explained that the Special Use Permit process for accessory buildings has been in place approximately five years so make sure that size of accessory buildings is compatible with the neighborhood surroundings. Motion by Commissioner Wall to recommend approval of the special use permit, seconded by Commissioner Jones. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Jones, Wall Nay: None 4. Case Z-04-018 - PUBLIC HEARING - Special Use Permit for a private horse stable on Lot 2, Block 1, CrookIWomeldorf Addition, located at 4808 Patterson Lane Clayton Husband presented the case to the Commission and reviewed the staff briefing. Chairman Wall opened the public hearing. Amy Labarge, 4809 Bill Simmons Road. She spoke in opposition to the request. She stated her son was allergic to animals. Jim Carpenter, 2201 Glade Road. He stated they had fought this issue five years ago when they wanted to put a large horse barn on the property. He said the area was more likely to go residential instead of agricultural. Mary McCuistion, 4905 Bill Simmons. She stated she lives on the north border of the property and spoke in opposition. Terry Mouton, 4805 Bill Simmons. She spoke regarding her concerns and suggested that if the request were approved, it be for only two horses. There being no one else wishing to speak, Chairman Wall closed the public hearing. David Womeldorf, 4808 Patterson, applicant. He stated they purchased the property with the desire place horses on the property as there are other properties in the area with livestock. He stated he is not opposed to moving the barn, but it is planned to be closer to his house than any others. He stated they have lived on the property for three years. The Commission discussed the opposition to the request and difficulty of finding a compromise among those involved. Motion by Commissioner Wall to recommend denial of the special use permit, seconded by Commissioner Byerly. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Jones, Wall Nay: None Planning & Zoning Commission Minutes -April 26, 2004 Page 3 of 8 Draft The Commission took a five-minute recess. 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 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Chairman Wall opened the public hearing. Dave Anderson, 3920 Birchman Avenue, Fort Worth. He stated he represents the current owner of the property and read a letter from the owner. He stated he held a meeting with the adjacent neighbors to discuss the project. Bill Lothrop, 609 Shelton Drive. He stated his opposition to the request and referenced the petition against the previous request. Tim Gleason, 600 Beverly Drive. He spoke about the rural look of the area and drainage. He stated his opposition to the request. Norma Henslee, 608 Shelton Drive. She spoke about the rural look of the area and stated her opposition to the request. She stated R40 is the only acceptable zoning. James Day, 805 Shelton Drive. He spoke about drainage, sewer, water pressure, density and traffic on Shelton. Michelle Poblenz, 705 Shelton Drive. She stated the request is incompatible with the development in the area. Darryl Heath, 6200 Bransford Road. He stated his opposition to the request. Dinah Stephens, 612 Shelton Drive. She spoke about the rural atmosphere of the area. She stated her opposition to the request. Twyla Kerlee, 800 Shelton Drive. She stated her opposition to the request. Christine Combs, 6106 Hunter Lane. She spoke about the increase in light pollution in the area. Wade Evans, 800 Shelton Drive. He stated the request is in conflict with the Master Plan. John Paul Burnett, 601 Beverly Drive. He stated his opposition to the request. C.L. Madden, 6112 Hunter Lane. He stated his opposition to the request. Gary Friedman, 2300 Mulberry Court. He stated his opposition to the request. Planning & Zoning Commission Minutes -April 26, 2004 Page 4 of 8 Draft Teri Workman, 6001 Hunter Lane. She stated her opposition to the request. Gary Quinn, 511 Shelton Drive. He stated his opposition to the request. Fred Rice, 6103 Hunter Lane. He spoke about the increase in traffic. Beverly Young, real estate agent in the area. Beverly Lothrop, 609 Shelton Drive. She stated her opposition to the request. Jim Henslee, 608 Shelton Drive. He stated his opposition to the request. Bill Stephens, 612 Shelton Drive. He stated his opposition to the request. Carolyn Allen, 5917 Hunter Lane. She stated her opposition to the request. Madelyn Norville, 701 Shelton Drive. She stated her opposition to the request. Rose Madden, 6112 Hunter Lane. She stated her opposition to the request. Marciela Gleason, 600 Beverly Drive. She stated her opposition to the request. Jim,Pine, 5918 Hunter Lane. He stated his opposition to the request. Jack Norville, 701 Shelton Drive. He stated his opposition to the request. Kathryn Day, 805 Shelton Drive. She stated her opposition to the request. There being no one else wishing to speak, Chairman Wall closed the public hearing. Robert Cline, 4421 Windsor Ridge Drive, Irving, applicant. He spoke about the request conforming to the Master Plan and surrounding zoning and density, the utilities being built to City engineering requirements, screening, and the economic viability of the project. Chairman Wall explained a similar zoning case in the area several years ago related to the requested zoning and surrounding zoning where there was not one overall district. Commissioner Kelly stated the request is an adverse change in the opinion of the area residents, and does not promote the general welfare. Commissioner Byerly stated the proposal is not a bad plan given the surrounding zoning. Commissioner Swift stated the views of the neighborhood are critical in a case such as this one. Planning & Zoning Commission Minutes -April 26, 2004 Page 5 of 8 Draft The Commission discussed the rules of procedure that require a total of four affirmative votes to take action on a case. The Commission took a five minute recess to review a copy of the charter. Chairman Wall stated that four affirmative votes will be required in order to approve action on a motion, whether the motion is to approve or to deny. Motion by Commissioner Jones to recommend denial of the zoning change, seconded by Commissioner Kelly. The motion failed by the following vote: Aye: Kelly, Swift, Jones Nay: Wall, Byerly Commissioner Jones stated there is overwhelming opposition to the request, which has taken place at several meetings. Mr. LeBaron stated the Land Development Code prevents a zoning case from being stuck at the Planning and Zoning Commission by stating that if the Commission takes no action within 60 days, the request automatically moves to the City Council with a denial recommendation. He stated a denial recommendation by the Commission will require a supermajority vote by the Council to approve the request. Motion by Commissioner Jones to recommend denial of the zoning change, seconded by Commissioner Kelly. The motion was approved by the following vote: Aye: Kelly, Swift, Jones, Wall Nay: Byerly Mr. LeBaron stated the developer has ten days to advise staff whether he would like this request to move forward to the City Council. 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 Motion by Commissioner Jones to remove the item from the table for discussion, seconded by Commissioner Wall. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Wall, Jones Nay: None Clayton Husband presented the case to the Commission and reviewed the staff briefing. Chairman Wall opened the public hearing. Rick Bolech, 4609 Clearwater Court. He stated he is in favor of the proposed development. Planning & Zoning Commission Minutes -April 26, 2004 Page 6 of 8 Draft Larry Henry, 4104 Inwood Lane. He stated he is the president of the Saddlebrook homeowner's association, and the members that have contacted him are in favor of the development. He stated his interest in looking at drainage plans and preservation of open space. Phil Charon, 4604 Clearwater Court. He stated he is in favor of the proposed development. Dan Geary, 4601 Clearwater Court. He stated he is in favor of the proposed development. Andrew Wayne, 1009 Lakeridge Court. He stated he is in favor of the proposed development. There being no one else wishing to speak, Chairman Wall closed the public hearing. Dan Quinto, 602 Northwood Trail, Southlake, applicant. He reviewed the changes made to the project since the last meeting. Jeff Jones, fire marshal for the City of Colleyville. He stated he met with the applicant to discuss setbacks, eave overhangs, one-way street standards, street width requirements, and fire sprinkler systems. Commissioner Byerly stated he prefers that this property remain available for commercial use. He stated the antique mall is quite busy and the property has good exposure to Colleyville Boulevard. Commissioner Jones stated the development is a transitional area similar to others that have been approved. Chairman Wall stated his concerns about the density of the development. Commissioner Kelly stated he is in favor of residential use for this property, but the density is too high. The Commission discussed the density and lot sizes of the development, and the issue of transitional development. Motion by Commissioner Wall to recommend denial of the zoning change based on the proposed density of the development, seconded by Commissioner Kelly. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Wall Nay: Jones Planning & Zoning Commission Minutes -April 26, 2004 Page 7 of 8 Draft 7. Discussion of the Master Plan Update: Mr. LeBaron stated the agenda packet included a copy of all the comments provided at the follow-up neighborhood meetings. He also reminded the Commission of the upcoming work session, scheduled for May 13, 2004, which will be held at the City Hall. 8. Staff Comments, Reports and Discussion Items: Mr. LeBaron stated that the Open Meetings Act requires that the public be allowed to attend a public meeting, but does not entitle the public to choose the discussion items or speak about any of the items. He stated the Commission may allow the public to speak on items, even though the item is not a required public hearing. He stated that posted agendas must be clear enough for the public to understand what is going to be discussed. 9. Commissioners' Comments and Reports: Commissioner Byerly asked how the upcoming elections would relate to the appointments to the Commission. Mr. LeBaron stated the elected council members would not be sworn in until June 1. ADJOURNMENT The Commission adjourned the meeting at 11 :45 p.m. by acclamation. Respectfully Submitted, J. Clayton Husband AICP Development Coordinator Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes -April 26, 2004 Page 8 of 8 Draft .~ 7"exas PLANNING AND ZONING COMMISSION MEETING MINUTES - May 1 0, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Jeff Byerly, Mark Jones, Earl Swift and Jeff Wall were present. Barry LeBaron and Clayton Husband from staff were present. Ross Foster, City Attorney was present. INVOCATION The invocation was given by Commissioner Swift CITIZEN COMMENTS None APPROVAL OF MINUTES Commissioner Jones moved. to approve the minutes of the April 12, 2004 meeting. Commissioner Kelly seconded the motion. The motion passed by a 4-0 vote with Commissioner Swift abstaining due to his absence at the April 12, 2004 meeting. AGENDA ITEMS 1. Case P-04-018 - Final Plat of Tiffinay Park, 7.16 acres located in the 4300 block of Brown Trail Clayton Husband presented the case to the Commission and reviewed the staff briefing. Mr. Husband stated the plat is zoned PUD-R and will contain 25 residential lots and is proposed as a gated development. Chairman Wall asked if the developer were there to address the Commission. There being no speakers, Chairman Wall entertained a motion. Motion by Commissioner Kelly to approve the final plat, seconded by Commissioner Jones. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Jones, Wall Nay: None 2. Case Z-04-019 - Public Hearing - Zoning change from AG Agricultural to CPO Professional Office on 0.849 acres located at 6200 Colleyville Boulevard Planning & Zoning Commission Minutes -May 10, 2004 Page 1 of 4 Draft Clayton Husband presented the case to the Commission and reviewed the staff briefing. Mr. Husband stated the developer is seeking rezoning to allow for construction of an office development. Questions from Chairman Wall regarding the type of uses allowed in the Professional Office district, which Mr. Husband stated is primarily office type uses. Chairman Wall asked the developer to make a presentation. Mr. Dustin Renfro, representing the developer came forward and stated that the site plan shown in the agenda packet had been modified to reflect changes per the comments from the Development Review Committee. He stated there were slight changes in the parking arrangement adjacent to the Pecan Park Estates addition to increase the size of the fire lane. Chairman Wall opened the public hearing. Carol Neff, 6104 Ponderosa, asked questions regarding the type of fence proposed along the rear property line. There being no others wishing to speak, Chairman Wall closed the public hearing. Chairman Wall asked Mr. LeBaron to explain the fencing requirements on a straight zoned piece of property. Mr. LeBaron stated that the Land Development Code requires screening between commercial and residential, but no masonry wall is required on straight zoning. Motion by Commissioner Byerly to approve the rezoning request, seconded by Commissioner Swift. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Jones, Wall Nay: None 3. Case Z-04-020 - PUBLIC HEARING - Zoning change from R40 Single Family Residential to CC2 Shopping Center Commercial on 10.1 acres located at the northeast corner of Precinct Line Road and Lavaca Trail Clayton Husband presented the case to the Commission and reviewed the staff briefing. Mr. Husband stated that the applicant is seeking rezoning to CC2 Shopping Center Commercial on this 10.1 acre tract. Commissioner Jones asked if the developer expected to submit for Special Use Permits in the future versus a PUD-C. Mr. Husband stated that they have not indicated any plans at the moment for Special Use Permits, but in the future for any use allowed in the CC2 would require them to submit for that additional zoning restriction. Chairman Wall asked if one of the allowed uses is a kennel. Mr. Husband stated that it is an allowed use by right in the CC2 district. Chairman Wall asked staff to address some of the proposed changes to the thoroughfare plan in this particular area and how it would impact the applicant's property. Mr. LeBaron explained the current location of a future north-south collector street shown on the existing master thoroughfare plan and that any property that plats would be required to dedicate sufficient right-of-way and Planning & Zoning Commission Minutes -May 10, 2004 Page 2 of 4 Draft construct their portion of the roadway. Mr. LeBaron explained that during the several neighborhood meetings to consider changes to the Colleyville Master Plan, it was recommended by the consulting firm of Urban Design Group of Dallas, Texas, to relocate the future north-south collector street to a point nearer to Precinct Line Road than currently shown. This relocated future street, Mr. LeBaron explained, is based on a much more narrower amount of future commercial area needed along Precinct Line Road than previously anticipated. Mr. LeBaron stated that if the master thoroughfare plan is amended prior to the applicant bringing forward a plat, the developer would be required to dedicate sufficient right-of-way and construct their portion of the roadway. Chairman Wall asked the developer to make a presentation. Jimmy Archie, with Realty Capital Corporation, 32 Village Lane, Colleyville, Texas, came forward to make the presentation and showed photos of similar developments their company had constructed. Mr. Archie stated they were seeking straight CC2 zoning because they have no specific projects at the moment. Their plan is to build retail on the front half and office on the back half. He stated the property carries a lot of upstream drainage through the area and that the drainage would be a good separation between the retail and the office. Chairman Wall opened the public hearing. Judy Ruggere, 1013 Lavaca Trail, stated she was not aware that the future north-south street had been relocated. She also asked questions about the drainage through the property and wondered where it would go. Lewis Martin, 1101 Lavaca Trail, stated he was for the project, but questioned the drainage. Andrew Mittag, 901 Lavaca Trail, expressed his concerns for the drainage and the amount of truck traffic being generated by the construction activity in Remington Park. He was concerned about the future of Colleyville and that it would end up looking like Queens, New York or some other low-end places on the other end of Precinct Line Road. Greg , with Top Management 3930 Glade Road, and represents the property owner to the south asked about the impact of drainage on their property. He asked if there would be any changes to the FEMA flood maps. Steve Martin, 813 Lavaca Trail, expressed concerns over the drainage. Stated he would like to see some nice restaurants come to the area. There being no further speakers, Chairman Wall closed the public hearing. Chairman Wall asked staff to explain the drainage policies of the City and the process used to notify citizens for the master plan update. Mr. Husband explained the drainage policy Planning & Zoning Commission Minutes -May 10, 2004 Page 3 of 4 Draft which would probably require some on-site detention for this property, but those issues would be part of the platting process. Mr. LeBaron stated that Colleyville does not require concrete lined channels. Mr. LeBaron explained the mail out notice process used to mail to all property owners advising them of the neighborhood meetings associated with the master plan update. Motion by Commissioner Jones to recommend approval of the rezoning request, seconded by Commissioner Swift. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Jones, Wall Nay: None 4. Discussion of the Master Plan Update: Mr. LeBaron reminded the Commission of the upcoming workshop on the master plan, scheduled for May 13, 2004, which will be held at the City Hall. 5. Staff Comments, Reports and Discussion Items: None 6. Commissioners' Comments and Reports: Commissioner Jones stated his appreciation to the other Commissioners for their continued adherence to the codes and ordinances. ADJOURNMENT The Commission adjourned the meeting at 8:10 p.m. by acclamation. Respectfully Submitted, M. Barry LeBaron AICP Development Director Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes -May 10, 2004 Page 4 of 4 Draft .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: May 24,2004 Z-04-022 - PUBLIC HEARING - Special Use Permit for an accessory building on Lot 1, Block 1, Panno Addition located at 308 Black Drive STAFF REVIEW COMMENTS Robert Panno is the owner of a 1.52-acre lot located on the north side of Black Drive, west of Bransford Road. Mr. Panno submitted a building permit application for an accessory building on April 29, 2004. Upon review of the permit it was determined that the accessory building contained living quarters and cooking facilities, the use of which requires approval of a Special Use Permit. The owner has applied for a Special Use Permit in order to allow the accessory building as proposed on the property. The area along Black Drive is zoned R40 Single Family Residential. The Land Development Code allows servants and caretakers quarters, in the AG and RE zoning districts as a matter of right. However, approval of a Special Use Permit is required for this same use in the R40, R30 and R20 zoning districts. Servants quarters are defined by the Code as "an accessory dwelling not rented or otherwise used as a separate domicile in a residential district for the sole use and occupancy of a member of the immediate family or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, chauffeur, cook or gardener." Though there are no specific regulations listed for this use in the R40, R30 and R20 zoning districts, the AG and RE districts restrict the size of the servants quarters to 600 square feet. There is an existing single family residence on the property. The proposed building is a two-story structure, containing 1,911 square feet of living area. The building includes two bedrooms, two full bathrooms, and full kitchen facilities. The proposed building meets the size and location standards for accessory buildings contained in the Land Development Code. The Special Use Permit is required due to the use of the building as living quarters. The Land Development Code only allows one single family residence per lot, and the construction of the second living unit requires special approval. Floor plans and drawings of the building and property are attached. 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. No correspondence has been received regarding this request. Agenda Item No.1 - Page 1 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: May 24, 2004 City Council: June 15 and July 6, 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 Prepared by: .i?-. Agenda Item No.1 - Page 2 )V~l I II I I I I I I I I I I I !J! ~ I I I I I I I I I I ~ 4' t " "j I o ~ I I I I I I I I aa ~~~ I~, I i 0 I ~ 'I' U' ~~ I re ~~~ -~i o~ ~~ I 0:: 0::0 I .....j...:o:: 0 j I- ' 1-'-: , ~ . I- i 'j:. -4" L --' .._..---....--- I ~~~ I ~ i~...\- - _L--; -!'--- -- ---- - - ~- --r - 'k_ --- ~~ I ~~ ~ 0::: ;Z o::~ ~ .... ~ I-N ClO N< o:::~ ....O? - -- --~~:-~~-.-l----:f.:~~-~~ 0::: '"':< Ol 0 ......... -4" 1:""4- ..... 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'" f- -'r:: <{U) "5u i=~ lL.,. 0", 2 , 2 ~ I 9 t- I- r:: <{<J) ~" -C) ~~ 'f t- > ) -$-~ "~---If I \ It :~\ J~: I~-Vwl ___ 'I- 1\ Ul :"~j \~: II \ I II \1 I':.____..::l 2 o f- ~-$- ~I:; > f- -'r:: <{U) ~" ~~ lL.,. 0", 'i t- St~ 1 J ,,0-,01 [ ~O-,OZ .a-IOE fT Z-04-022 Arrington, Cora Nadine c/o Gay Lynn Arrington 405 Glade Road Colleyville TX 76034 Haggard, CL 301 Glade Road Colleyville TX 76034 Edwards, Helen 313 Glade Road Colleyville TX 76034 Hughes, Lee A etux Susan K PO Box 115 Colleyville TX 76034 Whittle, Steve D etux Shiela D 309 Glade Road Colleyville TX 76034 Smith, Herman L & Fairie V 400 Black Drive Colleyville TX 76034 Matlock, Mae 305 Glade Road Colleyville TX 76034 Edwards, Charles Ray 304 Black Drive Colleyville TX 76034 Livaudais, Jack Jr etux Noel 4703 Mill Wood Drive Colleyville TX 76034 Freeman, Elva PO Box 84 Colleyville TX 76034 Morrison, Victor 0 4701 Mill Wood Drive Colleyville TX 76034 Gawrys, Rita PO Box 36 Colleyville TX 76034 Gawrys, Karla PO Box 36 Colleyville TX 76034 Pan no, Robert & Kim, applicant 308 Black Drive Colleyville TX 76034 Case Z-04-022. Notices dated May 11, 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 pennit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: May 24, 2004 Z-04-021 - PUBLIC HEARING - Zoning Change from CC3 Highway Commercial to PUD-C Planned Unit Development Commercial on 3.24 acres located at 101 Cheek Sparger Road STAFF REVIEW COMMENTS Blue Star Land is the owner of a 3.24-acre commercial lot located on the south side of Cheek Sparger Road, adjacent to the new 99-Cent Only store. The owner has submitted a request to change the zoning on the property from CC3 Highway Commercial to PUD-C Planned Unit Development Commercial. The owner proposes to redevelop the property and renovate the buildings for office-showroom space and self storage facilities. There are three existing buildings on the site. The buildings were used by the old Payless Cashways for storage of lumber and other merchandise. The owner proposes to renovate the buildings, converting one building to office-showroom space, and converting the other two buildings to self storage facilities. The office-showroom building would contain 30,000 square feet of floor area, and the self storage facilities would contain 23,200 square feet of space. Additional information from the applicant, including a concept plan and proposed building elevations, is attached. The proposed uses are not allowed by right in the CC3 zoning district, and a zoning 'change of some type would be required to allow the development. The applicant is requesting a planned unit development in order to coordinate development on the entire site. 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 both commercial and residential in nature. Property to the north, across Cheek Sparger Road, is zoned CC3 and is currently vacant. Property to the west is also zoned CC3 and is the location of the 99-Cent Only retail store. The property to the east, across San Bar Lane, is zoned PUD-C and is currently vacant. The abutting property to the south is zoned PUD-R and is developed as single family residences (Woodbriar West). The Master Plan designates the future use of this property as commercial development. Agenda Item No.2 - Page 1 Below is a summary of the major items associated with this zoning request. Land Uses. The proposed ordinance would allow the following uses by right within the planned unit development: office-showrooms and self storage facilities. Restrictions on the size of the buildings are also included. Landscaping. The proposed layout does not appear to meet the minimum landscaped area requirements of the landscaping regulations. The Land Development Code requires that 20% of the land area be used for landscaped areas; the proposed site plan shows 10.4%. The developer is reviewing the site for areas to provide additional landscaping. Though not visible from the street, there is an area in the southeast corner of the site that could be used for to increase the landscaped area. The developer is also considering additional landscaping along Cheek Sparger Road to help screen the faC(ade of the front building. The front building is proposed for use as a self storage facility, and the front faC(ade consists of a row of roll-up doors. Building Design. The proposed ordinance requires that buildings meet the design standards of the CC3 Highway Commercial zoning district. The proposed building elevations may require changes to meet these requirements, and the developer is addressing this issue. Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. The developer is required to construct sidewalks along Cheek Sparger Road and San Bar Lane. The 99-Cent Only store constructed a sidewalk along Cheek Sparger Road at the time improvements were made to that building. Drive Entrances. The concept plan shows a proposed drive entrance on Cheek Sparger Road near the eastern end of the property. This entrance would provide a secondary access to the site for circulation within the property and additional access for emergency vehicles. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for commercial and retail type land uses. The Master Plan designates all the property on Colleyville Boulevard in this area as commercial and retail property. 2. Surrounding Properties. Several of the surrounding properties are undeveloped but planned for commercial use. The property on Cheek Sparger Road in this area is designated for future commercial use. Property south of the site is developed as single family residences. 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 property if necessary. Agenda Item No.2 - Page 2 5. Property Taxes. According to information available from the Tarrant Appraisal District, the estimated property value is $1,500,000. The estimated City property tax revenue for the property is $5,211 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 office showroom space, which may include businesses that collect sales tax. The applicant estimates annual sales for the project at $162,000, which would equate to $1,620 per year in sales tax revenue. 7. Public Notification. Staff mailed notices to 23 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. No correspondence has been received regarding this request. SUMMARY The site in question is near the southern 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. While the office-showroom space could satisfy these goals, the self storage warehouse space may not. The location of the proposed development is not conducive to retail development as it is located behind a new retail store and two of the buildings are not fully visible from Cheek Sparger Road. The buildings could be used for additional office or office-showroom space. 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 services to residents of the general area. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: May 24, 2004 City Council: June 15 and July 6, 2004 RECOMMENDATION Approval Agenda Item No.2 - Page 3 ATTACHMENTS · Location Map · Information and Drawings from Applicant · List of Property Owners Notified · Development Review Committee memorandum · Applicant Response to DRG memorandum · Draft ordinance Prepared by: Agenda Item No.2 - Page 4 1"'), .,..-N '~..................................... ~ :> =-6 ~, V N / ~, It ...-.-.-.-.... & I t:. ..p ~~ ~ ~ I ~ cP 4. <"": ~~ v,1 m -~~--~~~~ NVS ~ : ~ I ~ I~ .-.....-.r---'r..--.rN..-t-- ~I~ ~\~~ --r...... - ' tJV8 N'VS ! \ ! I ~ CD \ \-..-..... '1 ..... I l"') I \ \ ! Z==-=~~ --' Y '" P5 t :! .........._....~.._.-r-.._-1 t') Ul I I / ~. CD? I t-L---"-1 ......--.-...-j I i ~\ 00 \ ..... t ,............. : 1 '( " ! ' N N It') ..... t') .... cr:. .--9;;; <( COn::: It) ~ w w 0:::: o co 3: ~ .4..1 lS3~JaOOM I ; I 'I N 1C!t I N \ I . . L _ _' . _~ L.--, J._. Q: ~ \<O~ t>~--;- ----f- ~..... / I I- / I f' / // ~N \ /~ ~ - :; I?WI~ /~- ~~A / ~~>~ ~~~/ ,.... r- o <I"') ~ r- Q .....1"') D::N NN :\ c-i <t ~/ // . I "'0--" m"- · D!co . .......t , t-: , '. /' ~ ~ . ..-,"/<^"/" STATEMENT OF PLANNING OBJECTIVES This 3.235 acre tract facing Cheek Sparger Road was formerly owned and occupied by Payless Cash Company, and consists of 3 buildings built about 1984, with adjacent parking and driveways. The property has been vacant for over two years and was recently purchased by Blue Star Land Co. Approximately 3 acres adjoining this tract at the comer of Colleyville Blvd. and Cheek Sparger was recently sold by Blue Star Land Co. to "99 cent" retail store. On that property the existing 30,000 sq. ft. building is being renovated for a new retail store. This was the former Payless Cash Store. The rear tract of the former Payless property is the object of this request for a change in zoning from ccrn to PUDC. This proposal is to renovate and upgrade the three existing one-story metal and concrete buildings into office/showroom/warehouse and self storage uses. The existing open metal shelter facing Cheek Sparger Blvd. is to be enclosed using brick walls with decorative metal panels, new landscaping and ornamental iron picket fencing. Refer to site plan and color rendition attached (Bldg. A). Building B (30,000 sq. ft.) is to be converted to office/showroom/warehouse with new brick and glass store fronts. Refer to attached rendition. Building C is to be renovated with brick and decorative metal front walls. The entire enterprise when completed will bring what is now an unproductive and unsightly property into a visually attractive and economically viable asset to the City and to the owner. DEVELOPMENT SCHEDULE Renovation of all three existing buildings along with site work is planned to begin within 30 days of zoning approval. Construction is expected to be completed in phases with at least one building completed in 90 days after building permit is issued OWNERSHIP Blue Star Land 1400 Preston Road, Suite 250 Plana, TX 75093 Tel. 972-867-1886 UTILITY PROVISIONS City water and sanitary sewer services are presently available at Cheek Sparger Road. On site water and sewer services to buildings will be installed. Electric service is presently in use at the site. Sheet1 ECONOMIC DEVELOPMENT ESTIMATED AD VALOREM TAX ESTIMATED BLOG BUILDING AREA ANNUAL GROSS PER YR. 2.7% OF VALUE AFTER BUILDING ;IN SQ. FT. RETAIL SALES BUILDING VALUE RENOVATION . A . SELF STORAGE 13,200 0 $10,692 $396,000 B OFFICE! 30,000 $162,000 $24,300 $900,000 SHOWROOM! WAREHOUSE C SELF STORAGE 10,000 0 $8,100 $300,000 TOTAL $162,000 $43,092 $1,596,000 Page 1 .~-] :~ ~ i~ ... ~~ ~~ ~ Cl z i= !!2z ~Q W~ o:~ <(0 cnz Clw zo: 50: =0 ::IlL. !Xl -' -' <( ~ :iNn lllffJ NIfS ~ '" &1 <.:l 0:: ~ 1--------- I I I I 1 : ", : I \1 I 1 I I I I 1 I I I 1 , I I : {I , ,I .,~:, I: ~~ ~ I ~ ~: J:jll~ :! ! ~ r ~ :.. I g;; : ~ I I ~ : I 1 i I i ________ i, I: I i } I ,I { { / I ~",_~:;7 - ~:: -:':=-=-=_=_.::..... --:;>/1 ..,~:T-rTffflYrf~~~. illlllll ~ I U ~ :s f 0::' ::;f 3j .~ :.;~ ~ '" <.:l ~ ti "'I ~ ~ E:l 12 I:l:: ~ Q, ~~ w La: zf2 will U-J ~~ w a: G ~ :c:; C) N '-J ~ :::; ~ ~ ~~ ~~ ..: ~j ~~ , , , , , L___ ~c> <Y~~ "\..,..... ~O<$>:~ -....;>;7 <z;.~... ~'<s;, iJ W~i ...... <( I-f;i lJj ~i i~ ~c,> :1:0 Uj? ~ ~~ ~ ~o ~ zl- lL~ ~~ lil 0= NU ~OCJ) ~ g~ ~ a:U wa:~..J f2~ ?;a:/!;! Q. I-a: ~w W ~ ~W -11. lIli~ ~ ~!;) ~ lL -J CiS <~!Il Xw 1-Cf.lS: ~ s- ~ w::> CJ)~~ Q. ~~~ 00 ww W Zw ::>w U za: iili3 z oz u. 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Z-04-021 Wolfe, Brent etux Julie 100 Greenbriar Lane Colleyville TX 76034 Uhlenhaker, Ronnie R PO Box 1705 Colleyville TX 76034 Morgan, Rhodes L etux Joan E 110 W Greenbriar Lane Colleyville TX 76034 Saginaw, Rose 3831 Turtle Creek Blvd Apt 22C Dallas TX 75219 Guy, Jay 114 W Greenbriar Lane Colleyville TX 76034 4 HMS, LLC 703 Manchester Court South lake TX 76092 Tran, Chau D etux Bach-Lien 118 Greenbriar Lane Colleyville TX 76034 Forrester, Jennette 202 W Greenbriar Lane Colleyville TX 76034 Madhani, Saleem 206 W Greenbriar Lane Colleyville TX 76034 Gomperts, Roy etux Christine 111 W Greenbriar Lane Colleyville TX 76034 Parsons, Steve Jr etux Erica 210 W Greenbriar Lane Colleyville TX 76034 Clark, Jeffrey L etux Jane D 115 W Greenbriar Lane Colleyville TX 76034 Clarke, Walter Jr etux Candi 214 W Greenbriar Lane Colleyville TX 76034 Phelps, Rodney 119 W Greenbriar Lane Colleyville TX 76034 Ball, Carl 203 W Greenbriar Lane Colleyville TX 76034 Primer, Charles Jr etux Emily 207 W Greenbriar Lane Colleyville TX 76034 Gates, James D & Teresa W 211 W Greenbriar Lane Colleyville TX 76034 Howell, Dean G 104 Cheek Sparger Road Colleyville TX 76034 Browder, James Tr 3307 Swan Street Fort Worth TX 76117 Johnson, Ouida R 108 Cheek Sparger Road Colleyville TX 76034 Burk Collins & Co Inc 1848 Norwood Plaza Ste 214 Hurst TX 76054 Dennie, Paul Dwain etux Peggy 200 Cheek Sparger Road Colleyville TX 76034 Davidson, Charlie PO Box 24 Burleson TX 76097 Case Z-04-021. Notices dated May 11, 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 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 11,2004 FAX TO FAX NO Joseph Gordon 214.369.1662 Joe Hickman ~ 972.867.9462 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-021 CC3 to PUD-C - Blue Star Business Park 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. 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 developer consider the following design issues regarding this site and development. These issues may be discussed during the hearings on the proposed zoning change. a. The elevation of Building A that fa~es Cheek Sparger Road consists of a row of roll-up doors. Consider denser and taller landscaping along this street frontage to provide more screening of this elevation. b. All commercial buildings constructed or substantially renovated in Colleyville must meet the minimmn architectural design standards contained in Chapter 6 of the Land Development Code. The standards are based on an evaluation of the following criteria: fayade articulation, sloping roofs and surfaces, shade coverage, horizontal and diagonal 100 Main Street-Colleyville, Texas 76034-817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-o21 BLUE STAR BUSINESS PARK roof planes, and fenestration. The buildings as shown are primarily flat-roofed structures with little variation in footprint or roofline. The elevations as presented may need to be revised to satisfY these criteria c. The site plan indicates that 10.4% of the land area is reserved for landscaped open space. The landscaping requirements in the Land Development Code require a minimum of 20% of the land area to be reserved for landscaping. Consider ways to increase the landscaped area on the property. OTHER INFORMATION 1. FIRE CODE. Significant improvements to the fire sprinkler systems for the buildings will be required when the buildings are renovated. Please contact Jeff Jones, fire marshal, at 817-488- 6277 to review and discuss these issues. 2. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY 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. WATER SEWER 3. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along Cheek Sparger Road and San Bar Lane. The sidewalks must be installed at the time the structures on the property are renovated. The sidewalk on Cheek Sparger Road must be 5-feet wide. The sidewalk on San Bar Lane must be 4-feet wide. Sidewalks must be constructed in accordance with the engineering design standards contained in the Land Development Code. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, May 24,2004, 7:00 p.m. Tuesday, June 15 and July 6,2004,7:30 p.m. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-04-021 BLUE STAR BUSINESS PARK RESUBMITT AL REQUIREMENTS Please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived · any revised drawings based on the comments included in this memorandum The above requested items must be submitted no later than noon on Wednesday, May 19,2004 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 JOSEPH F. GORDON ARCHITECT AlA May 17,2004 Mr. J. Clayton Husband 100 Main Street City Hall Colleyville, TX 76034 Re: Zoning - PUD Blue Star Land, Inc. Cheek Sparger at Hwy 26 Dear Mr. Husband: I have received your "Development Review Committee" Report dated May 11,2004, regarding the subject request for PUD zoning. Blue Star Land has seen your report and we are in the process of addressing the issues noted: 1. Taller landscaping along Cheek Sparger 2. Architectural Design 3. Additional landscaping 4. Sidewalks 5. Fire Code - Sprinkler system 6. Impact fees. We plan to be at the zoning hearing at 7:00 p.m. Monday, May 24. 6958 ROYAL LANE DALLAS, TEXAS 75230 214-369-8624 FAX 214-369-1662 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 9, BLOCK 6R, WOODBRIAR ESTATES WEST ADDITION, FROM THE CC3 HIGHWAY 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 Blue Star Land on May 15, 2004, under Case No. Z-04-021; 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 Lots 9, Block 6R, Woodbriar Estates West Addition, by changing the zoning of said property from the CC3 Highway 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 office showroom and self storage warehouse uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-04-xxxx Page 2 of 4 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC2 and CC3 zoning districts (2) Office-Showroom. The total square footage of office- showroom space shall not exceed thirty thousand (30,000) square feet in gross floor area. (3) Self-Storage Warehouse. The total square footage of self- storage warehouse space shall not exceed twenty three thousand two hundred (23,200) square feet in gross floor area. 3. CONCEPTUAL SITE PLANS AND PLATTING The arrangement, location, footprint and elevations of buildings within the PUD-C may differ from that shown on the attached Exhibit "B" and Exhibit "C" and will be determined at time of site plan approval. 4. LOT REQUIREMENTS AND SETBACKS 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 None 40 feet 15 feet 25 feet 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. There shall be constructed a landscape screen along the north property line adjacent to Cheek Sparger Road that shall consist of a row of evergreen shrubs, which shall reach a height of eight feet within two years after development of the site. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-xxxx Page 3of4 6. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to Cheek Sparger Road, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for any structure on the lot. b. The developer shall construct a 4-foot wide sidewalk adjacent to San Bar Lane, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for any structure on the lot. 8. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 25 points, as described in Chapter 6 of the Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-04-xxxx Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ Texas P~ING&ZONmGCOMM~MON AGENDA BRIEFING Agenda Date: Subject: May 24, 2004 G-04-015 - Consider recommendation of the Master Plan update to the City Council STAFF REVIEW COMMENTS At your May 13, 2004 workshop meeting, you provided staff with additional comments for inclusion in the final draft master plan update document. This item has been placed on your agenda for possible action to recommend the final draft to the City Council. Prepared by: ~rO~~I~~ Development Director Agenda Item No.3 - Page 1