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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-6/14/2004 city Of l'exas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers -100 Main Street Monday, June 14, 2004 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Dave Dudziak, Luann Edwards INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Swift May 24,2004 ELECTION OF OFFICERS CITIZEN COMMENTS AGENDA ITEMS 1. Case P-04-021- Preliminary Plat of Tuscany, 9.57 acres located at 5850 Colleyville Boulevard 2. Case P-04-022 - Replat of Lots 10R1 and 10R2, Block 2, Heritage High School Addition, 1.76 acres located at 4205 Gateway Drive 3. Case Z-04-023 - PUBLIC HEARING - Special Use Permit for day care on Lot 1, Block 1, Pleasant Glade Assembly of God Addition, located at 2508 Glade Road 4. Case G-04-001 - PUBLIC HEARING - Amendment to the Land Development Code to require underground utilities 5. Case Z-04-022 - TABLED ITEM - Special Use Permit for an accessory building on Lot 1, Block 1, Pan no Addition, located at 308 Black Drive 6. Case G-04-015 - TABLED ITEM - Consider recommendation of the Master Plan update to the City Council 7. Staff Comments, Reports and Discussion Items: Planning and Zoning Commission Agenda - June 14, 2004 Page 1 of 2 The following items were received on the last case submittal deadline: . Case Z-04-024 - Special Use Permit for vehicle storage on Lot 1 R, Block 1, Nystel Addition, located at1815 John McCain Road . Case P-04-023 - Replat of Lot 1R, Block 2, Fairway Addition, 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road . Case P-04-024 - Replat of Lots 1 and 2, Village Court Addition, 2.96 acres located at the northeast corner of Pleasant Run Road and Mission Lane 8. Commissioners' Comments and Reports ADJOURNMENT Posted: Friday, June 11, 2004, 4:30 p.rn. ~~dA'CP Development Coordinator Planning and Zoning Commission Agenda - June 14, 2004 Page 2 of 2 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - May 24, 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 Jeff Jones from staff were present. Ross Foster, City Attorney was present. INVOCATION The invocation was given by Commissioner Kelly. Dave Dudziak took the oath of office as Planning and Zoning Commissioner for Place 5. Luann Edwards took the oath of office as Planning and Zoning Commissioner for Place 6. RECOGNITION OF OUTGOING MEMBERS Commissioner Jones was recognized for his service and tenure on the Planning and Zoning Commission. ELECTION OF OFFICERS Commissioner Swift nominated Jeffrey Wall as Chairman. There being no other nominations, Jeffrey Wall was elected Chairman by a unanimous vote. Commissioner Kelly nominated Jeff Byerly as Vice-Chairman, seconded by Commissioner Swift. Jeff Byerly was elected Vice-Chairman by a unanimous vote. Planning & Zoning Commission Minutes -May 24, 2004 Page 1 of 8 APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE Commissioner Edwards and Commissioner Dudziak volunteered to serve on the Park Land Dedication Committee. Chairman Wall moved their nomination to the Committee, seconded by Commissioner Byerly. The appointments were approved by acclamation. CITIZEN COMMENTS None 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 e public hearing. Commissioner Wall stated his concern is that the building could be used in the future as a house that may result in a request to create a flag lot. Chairman Wall asked what the maximum size allowed for an accessory building is on this lot. Mr. LeBaron advised that a one-acre lot allows a size of 1,750 square feet, but the maximum size of servant's quarters is 600 square feet. He stated the Special Use Permit ordinance could be divided to allow servants quarters on the upper floor, but that restriction would be very difficult to enforce. Commissioner Byerly asked what the access requirements are for a second floor. He stated that if a separate entrance were required from the outside it may reduce the possibility of using the entire building as a separate residence. Commissioner Dudziak stated that the design of the building makes it appear to be entirely used as living quarters. Kim Panno, applicant, stated the ground floor of the building will be used for exercise facilities, and the upper floor would be used by the nanny for living quarters at night. Planning & Zoning Commission Minutes -May 24, 2004 Page 2 of 8 Chairman Wall asked if the applicant would consider constructing an outside stairway to access the second floor. Robert Panno stated he would have his architect review the issue. Commissioner Byerly his concerns are the use by future owners and enforcement but not the applicant's proposed plans. Motion by Commissioner Byerly to table the special use permit request to allow the applicant to consider changes to the building related to access to each floor of the building. The motion was seconded by Commissioner Dudziak. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Dudziak Nay: Wall, Edwards 2. ant. He stated th se. He stated that e Star an onginally owne the old payess ore. He reques e at the Commission approve a reduction of the landscaping requirement for the property based on the existing development and proposed renovation. He stated they will install the sidewalks as required, and modify the architectural style of the building next to Cheek Sparger Road. Commissioner Kelly asked what type of security entrances would be installed for the self storage units if the middle building were to include other businesses. Mr. Gordon stated they do not plan to provide security gates on the site. Commissioner Swift asked about the proposed lighting. Mr. Gordon stated the lights would be down-facing lighting attached to the building and would comply with City requirements. Commissioner Byerly asked if there are any proposed tenants for Building B. Mr. Gordon stated not at this time, and the building would be subdivided as needed for tenants. He stated there is a demand for this type of use in the area. Chairman Wall asked if there would be additional signs needed along the street frontage. Mr. Gordon stated they have signs proposed for the street and the buildings. Planning & Zoning Commission Minutes -May 24, 2004 Page 3 of 8 Commissioner Byerly asked if the project was economically feasible if the building adjacent to Cheek Sparger were removed from the property. Mr. Gordon stated no. Commissioner Dudziak asked how many storage units would be located in Building A. Mr. Gordon estimated there could be one-hundred units. Commissioner Swift asked how long Blue Star Land has been in business. Mr. Gordon stated about 10 years, and the company owns many commercial businesses, residential developments and self storage facilities. Chairman Wall asked if the developer would agree to disallow the land use "veterinarian office with kennels". Mr. Gordon stated they would likely accept that change. Commissioner Dudziak asked if the proposed ordinance would allow a manufacturing use in the building. Mr. LeBaron stated the CC2 and CC3 districts do not allow manufacturing uses. is propo acceptable use fo s about continual a perty is a good thi area. There being no one else wishing to speak, Chairman Wall closed the public hearing. Commissioner Edwards asked about the size of the units and what would be stored in the facility. Rusty Elliott, developer's representative, came forward to speak. He stated the sizes would range from 100 to 300 square feet, storing mostly goods from personal residences. He stated the larger spaces could hold a boat, and the larger building could hold recreational vehicles. Chairman Wall asked about the storage in the rear of Building B. He stated they were leaving it open depending on what the tenants may need in space. Commissioner Dudziak asked if the applicant had met with any of the surrounding residents. Mr. Elliott stated no. Commissioner Dudziak asked if they wanted signage on the west side of Building B and the front of Building A. Mr. Elliott stated they would like signs on the west side of the building and no signs are proposed on the front of Building A facing Cheek Sparger Road. Planning & Zoning Commission Minutes -May 24, 2004 Page 4 of 8 Chairman Wall asked if the fire sprinkler system would be reconstructed. Mr. Elliott stated they would upgrade the facility to meet current fire codes. Chairman Wall asked if time limits on access to Building B would be acceptable. Mr. Elliott stated they could consider working out some type of time schedule to keep the building from being used all day and all night. Chairman Wall asked if the applicant would be willing to eliminate the use "veterinarian clinic with kennels". Mr. Elliott stated they are acceptable to that change. Commissioner Dudziak asked if there would be any outside storage. Mr. Elliott stated no. Chairman Wall asked the fire marshal, Jeff Jones, about the proposed storage of vehicles and other items. Chief Jones stated the sprinkler system would be designed to address the most hazardous use in the building. He stated his concern about the use of fire lanes as parking for delivery vehicles. Commissioner Swift asked if Building C would be enclosed. Mr. Elliott stated yes. for this develop me Building B to gen ave a positive imp Commissioner Edwards stated the development would generate some revenue and the development would at least improve the property. She stated the visibility of Building B is the developer's issue. She stated the layout of the site is not feasible to meet the landscaping requirement, and a reduction in the requirement may be appropriate. She stated she is comfortable with adding an hours of operation requirement. Commissioner Swift asked if the developer was amenable to providing security gates to limit access to the site. Mr. Elliott stated they would prefer to leave it open. Mr. Gordon stated there may be way to gate the property and still leave access to Building B. Chairman Wall stated that based on the discussions with the applicant, the ordinance should be modified to prohibit outside storage and veterinarian offices with kennels, and change Section 5 to read in part "consist of a solid screen of a row of evergreen shrubs", Commissioner Edwards stated the escrow option for sidewalks and trails should be removed since the applicant stated they would build the sidewalks. She stated that 10.4% landscaping is acceptable to her. Planning & Zoning Commission Minutes -May 24, 2004 Page 5 of 8 Commissioner Dudziak stated the applicant has not done enough research related to converting this site over to a retail site and that the property could be better used. Chairman Wall stated he would prefer to see the case go forward to the City Council rather than sending the request back to the applicant for a new proposal. Commissioner Edwards stated the PUD is advantageous to the city as it provides more control over what happens to the property in the future. Motion by Commissioner Edwards to approve the rezoning request to include the following changes: exclude veterinarian offices with kennels, state the specific landscaping requirement with reference to the drawing by the applicant, prohibit outside storage, restrict hours of operation from 6 a.m. to 10 p.m., add gating requirements, and remove the escrow requirement for the sidewalks. The motion was seconded by Chairman Wall. otion failed b S, Wa ift, e issue of making e street. n Wall ask the develo e would pre he m be tabled for fu r study or have the Commission make a recommendation on the case tonight. Mr. Gordon stated they would prefer tabling to restudy the issue. Motion by Commissioner Edwards to table the rezoning request. The motion was seconded by Commission Swift. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Dudziak, Edwards, Wall Nay: None The Commission recessed the meeting for a five-minute break. 3. Case G-04-015 - Consider recommendation of the Master Plan update to the City Council Barry LeBaron stated the current draft of the master plan contains the comments and revisions from the May 13 Commission workshop. He stated there are few maps to be added to the document, but it is generally complete. Planning & Zoning Commission Minutes -May 24, 2004 Page 6 of 8 Chairman Wall stated the draft has been in development for 18 months, multiple meetings were held with the six different neighborhood areas in the city, contracted with two private planning consultants for special studies on Colleyville Boulevard and Precinct Line Road, and hired the University of North Texas to conduct a city-wide telephone survey. He stated 26 meetings were held overall with citizen groups, and several more workshops with staff. He complimented staff and particularly Barry LeBaron with the preparation of the draft and numerous revisions. Chairman Wall stated the document captures the concerns of the citizens, such as economic development, neighborhood integrity, roads and drainage. He stated he would like to see the plan sent forward to the City Council for their consideration. Commissioner Swift stated that much study has been done and complimented staff on the preparation of the document. He stated he would like to see the draft presented to the City Council as written. Commissioner Kelly stated the support from staff was tremendous during this process. He stated that everything possible was done to make this process citizen-driven, and he is r of how it was n u ed. f the document. at the document. on the plan and t Commissioner Swift stated he is not in favor of another public hearing, but is comfortable with taking two weeks to allow the new commissioners to review and comment. Commissioner Byerly asked for discussion about having a public hearing. Mr. LeBaron stated that the City Council is required by the city charter to have a public hearing, but the Planning and Zoning Commission may have a hearing at their own discretion. Commissioner Kelly stated the Commission could have a work session next week and then bring the plan back on the next agenda for action. By acclamation, the Commission agreed to have a work session on the master plan update on June 7,2004. 4. Staff Comments, Reports and Discussion Items: None Planning & Zoning Commission Minutes -May 24, 2004 Page 7 of 8 5. Commissioners' Comments and Reports Chairman Wall welcomed Luann Edwards and Dave Dudziak to the Planning and Zoning Commission. Chairman Wall announced his resignation from the Planning and Zoning Commission and read a statement to the other Commission members and city staff. Commissioners Swift, Byerly, and Kelly complimented Jeff Wall on his leadership, professionalism, conduct and service on the commission. ADJOURNMENT The Commission adjourned the meeting at 9:55 p.m. by acclamation. Respectfully Submitted, Planning & Zoning Commission Minutes -May 24, 2004 Page 8 of 8 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 14, 2004 Election of Officers BACKGROUND INFORMATION At the May 24, 2004, meeting, the Commission elected new officers for Chairman and Vice-Chairman. Due to the resignation of Jeff Wall, the Chairman position is now vacant. In the absence of a Chairman, the Vice-Chairman, Jeff Byerly, would assume the duties of Chairman. Article II of the Planning and Zoning Commission Rules of Procedure require the Commission to elect a Chairman and Vice-Chairman at its first meeting following the appointment of new members, or as deemed necessary. The Commission must also appoint a Recording Secretary. The Commission may elect new officers at this time. Since there are currently two vacancies on the Commission, the election of officers may be delayed until all seven seats are filled. The City Council is scheduled to make new appointments to the Commission on July 6, 2004, and the new members would be sworn in at the July 12, 2004 Commission meeting. The current officers are: · Chairman · Vice-Chairman · Recording Secretary Jeff Wall Jeff Byerly Jan Levy It is customary to appoint a staff member as Recording Secretary as this position is the primary record keeper of all Commission activities. A copy of the current Rules of Procedure is attached. Prepared by: Election of Officers RULES OF PROCEDURE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE, TEXAS ARTICLE I - DECLARATION OF POLICY It is hereby declared to be the policy of the Planning and Zoning Commission of the City of Colleyville, Texas that members are appointed to serve the City of Colleyville and the community. Members of the Commission are to attend and participate in the proceedings of the Commission. The Commission shall conduct itself in accordance with all applicable law. ARTICLE II - ORGANIZATION Section A. Officers. The officers of the Commission shall be a Chairman and a Vice-Chairman. The membership of the Commission shall be in accordance with Article XI, Section 11.01 of the Charter of the City of Colleyville. The Commission shall elect its Chairman and Vice-Chairman from among its members once a year, at its first regular meeting following the appointment of its new members, or as deemed necessary. 1. The Chairman shall preside at all meetings. The Chairman shall call special meetings as may be needed for the orderly conduct of the business of the Commission. The Chairman also signs the minutes of each meeting of the Commission and all Plats. 2. The Vice-Chairman shall preside at commission meetings in the absence of the Chairman and shall fulfill all the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until election of a new Chairman. 3. The Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. The appointment shall be made at time of re-election of officers. ARTICLE III - MEETINGS Section A. Arrangements 1 . Time and Place. The regular meeting place of the Commission shall be in the Council Chamber in the City Hall. The Commission shall, from time to time, set a schedule for its regular meetings which shall not occur less frequently than once a month. Special meetings may be called by the Commission or by its Chairman. All meetings shall be open to the public. 2. Quorum. Four (4) members present shall be necessary to constitute a quorum of the Commission. 1 3. Preparation. The Chairman shall secure from staff all such materials and analyses as may be useful to the Commission in considering any matter before it. 4. Work Session. Work sessions of the Commission shall be at the call of the Chairman. The meeting place for work sessions shall be at the discretion of the Chairman. All work sessions shall be open to the public. 5. Representation. Any person seeking a change in zoning or presenting any other matter to the Commission shall appear before the Commission in person, by agent, or by attorney. 6. Rules of Procedure. The Commission hereby adopts Robert Rules of Order as the rules of procedure which shall govern the business proceedings of the Commission, whenever they are not in conflict with the provisions of these Rules of Procedures. Section B. Conduct of Meeting. 1. Hearings. a. The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing therefore. b. The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. c. The Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Commission. No debate shall be permitted except among members of the Commission. d. The applicant shall be permitted up to a five (5) minute rebuttal. e. Following the rebuttal, the Commission may direct questions to the applicant, proponents, opponents or staff. f. The Chairman may request a recommendation from the city staff. g. The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Commission. Section D. Voting Procedure. 1. When the question is put, the Chairman shall call the roll in place number sequence with each member answering "Aye," or "NaY1" or "Not Voting." Any member of the Commission "Not Voting" shall give a statement of his reason for not voting. On 2 completion of the roll call, the Chairman shall announce the results and the effect of the motion. 2. The Planning and Zoning Commission shall comply with all applicable conflict of interest laws. 3. Members may abstain from voting on the adoption of minutes if they have been absent from the meeting or work session. 4. Members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Commission members during the meeting. ARTICLE IV - AMENDMENTS These rules of procedure may be amended after introduction of the proposed amendment at a regular meeting and voted upon at the next meeting and shall become effective upon an affirmative vote of the Commission. PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE ON THE 23rd DAY OF OCTOBER, 2000. (AMENDED THE RULES OF PROCEDURE PREVIOUSLY APPROVED ON THE 27TH DAY OF JULY, 1987.) ADOPTED: ATTESTED: Signed: Tom Hart Signed: Janet E. Levy Chairman Board Secretary Filed in the Office of the City Secretary this 31st day of October , 2000. Signed: Cynthia Singleton City Secretary 3 .~ l'e:l:BS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 14, 2004 P-04-021 - Preliminary Plat of Tuscany, 9.57 acres located at 5850 Colleyville Boulevard STAFF REVIEW COMMENTS Tuscany Colleyville Ltd. is the developer of 9.57 acres of land located on west side of Colleyville Boulevard, north of Colleyville Elementary School. The developer has submitted a Preliminary Plat of the property for review and consideration by the Planning & Zoning Commission. The plat contains 32 lots for the construction of new single family residences, and one commercial lot located adjacent to Colleyville Boulevard. Zoning. The residential portion of the property is currently zoned PUD-R Planned Unit Development Residential. The PUD-R ordinance was approved by the City Council on February 17,2004, by Ordinance 0-04-1442. The commercial lot adjacent to Colleyville Boulevard is zoned CC1 Village Retail, and the lot is approximately 34,000 square feet in size. Residential Lots and Density. The minimum lot size in the subdivision is 6,698 square feet, and the average lot size is 8,191 square feet. The lot sizes are consistent with the approved PUD-R requirements for the property. The density of the development is 3.67 dwelling units per acre. Emergency Access Easement. The PUD-R ordinance for this property requires that the developer obtain written approval from the Grapevine-Colleyville ISO to dedicate a fire lane easement as a separate instrument to be filed with the Tarrant County Clerk. The developer has advised that the request has been submitted to the school district, and that the developer's surveyor is preparing an easement document for approval by the school board. Open Space. The plat contains two open space lots within the development, and two landscape medians at the entrance. One of the open space lots will contain a small detention pond that will control stormwater runoff from this property. The open space totals 23,570 square feet of property. The homeowner's association is required to maintain the open space and detention pond. Dwelling Unit Construction Requirements. The PUD-R zoning regulations for this property have specific design requirements for houses built within the subdivision. The required minimum dwelling unit size is 2,500 square feet. All houses must have exterior walls constructed of 90% brick, stone, stucco or other masonry material, and must have Agenda Item No.1 - Page 1 a roof pitch of at least 8: 12. Not more than 60% of the garage doors are allowed to face the street, and all garage doors must be constructed of wood or wood-faced steel. The owner's surveyor and engineer have addressed all Development Review Committee comments. This preliminary plat also requires approval by the City Council. RECOMMENDATION Approval ATTACHMENTS · Location map · Plat · Development Review Committee memo · Developer correspondence · Ordinance 0-04-1442 Prepared by: Agenda Item No.1 - Page 2 Location Map AG AG AG , t-. I ::II 1 II Ii I 1 1~ I! ~ ~ ~11!i4 ~! l'l: I:h! II I l.l lj" ..~ II . ~ 1~}11 H. 11,* IJl1i :i I f -'i ~J ~! 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"""It U 0", ..Z \0 co LLJ 1-4 t-.."It I::J ~~"'~~ HO'-;O'\G)IJ'\ ~~l~~~ UJ...J G:I..co :J~;t.~ . "O!z;;~...Jo !u5:i"'~~ ~>u ~~ 53 S6: III ::> I- ..J ~ a: Q. ~ Q. < ~ II Q. > ;, a: < I z H ::E H ..J lIJ a: Q. I... ~~ I~~ li~~ !In I~~ li~i n~ w.... .."" I~@]! iliss i ~~~ 511-~ !1l'';'7 ~~ ......... i i .! I.n n~ rs .n .. 0 :il. ~~ o~ ~ . ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO May 26, 2004 Gary Cantrell 817.685.7739 ~ Jackey Fluitt 817.306.1555 FROM Clayton Husband, A1CP, Development Coordinator SUBJECT P-04-021 Preliminary Plat - Tuscany The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION The review of this plat and related engineering plans was based on Ordinance No. 0-04-1442, adopted by the City Council on February 17, 2004, and on the PUD-R regulations contained in the Land Development Code. PLAT DRAWING 1. Add a written scale to the drawing. 2. The acreage of the subdivision listed in the legal description and the title block do not match. Verify and revise the plat accordingly. 3. The proposed layout indicates islands located within the street. The street pavement width on both sides of the islands must be increased to 24 feet to meet minimlUll width standards to allow emergency vehicle access. 4. The islands located within the right-of-way at the entrance should be added as private open space lots within the subdivision. The homeowner's association will be responsible for maintenance of the islands. 5. The PUD-R ordinance for this property requires a 20-foot rear building line adjacent to the Pecan Park Estates subdivision. Add the building line to the plat drawing. 6. The plat shows an emergency access easement at the west end of the property that connects to the Colleyville Elementary School property. Revise the drawing to show this as an easement on Lots 11 and 12, a separate lot, or as right-of-way. As shown, the status of the easement is unclear. 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-04..o21 TUSCANY 7. Will the emergency access easement include a gate? If so, coordination with the Fire Department on access through the gate will be required. 8. Show the area (square feet) of right-of-way dedication for Colleyville Boulevard. 9. Will the development be proposed as a private gated community? 10. The PUD-R ordinance for this property requires that the developer obtain written approval from the Grapevine-Colleyville ISD to dedicate a fire lane easement as a separate instrument to be filed with the Tarrant County Clerk. While this is a requirement of the final plat, please advise on the status of obtaining this easement. 11. The PUD-R ordinance for this property contains specific requirements for dwelling unit construction, walkways, pavers, mailboxes, landscaping, masonry wall and fence construction, street lights and street signs. These items will be reviewed at the time of final plat submittal and building permit review. 12. Add the following approval block to the plat drawing: PRELIMINARY PLAT APPROVAL Resolution Number Date Community Development CITY OF COUEYVUE COMMUNITY DEVB.OPMENT DEPT ENGINEERING CONSTRUCTION PLANS The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. A marked-up set of prints is available in the . Community Development department offices. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-503-1090. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. 2. 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 PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-04..Q21 TUSCANY may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 3. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. This property is also subject to the provision of the Colleyville Pathways Plan, which requires construction of a 10- foot wide hike and bike trail along Colleyville Boulevard. The developer is required to construct the trail or escrow an equivalent amount of money as part of the improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, June 14,2004,7:00 p.m. Tuesday, July 20, 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 Tuesday, June 8,2004 in order to make the scheduled hearings. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 ~~/L~/L~~~ 14:~L l:H /-4l:Sl:S-L'::l43 CULLt. YV lLLt. t- If.lt. Vt.t-' PAGE 04 ~ t'ex.. Fire Department ORC Comments Case Location P-04-G21 5850 Collewllle Blvd 1. Additional Fire hydrants will be required. Utility plan is not approved with this plat. . 2. "existing Fire Lane" is not platted. This fire Jane must extend to Bogart Drive and must be clearly marked. (Painted and signage required) 3. will the Emergency access drive be gated? 4_ Will entrance be gated. How will delivery trucks turn around if they enter by mistake. 5. There must be a minimum of 24' width from median to curb at entrance. $iduI GSWW, Inc. Civil/Environmental Engineers. Planners Dallas. Fort Worth. Midland. Austin Predecessor Firms: Gutierre'z, Smnuse, Wilmut & Assoc., Inc. Washington & Associates, Inc. June 4, 2004 Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 Reference: P-04-21, Preliminary Plat, Tuscany Addition Dear Clayton: We have addressed the city staff comments from a letter dated May 26,3004. In regard to item number ten of your letter, we have submitted a request to the school board and received a favorable response. Our surveyor is currently preparing an easement document for official approval by the school board. Engineering department has requested 56-foot right-of-way on the cul-de-sacs. We have provided a 50-foot right-of-way and a lO-foot drainage, utility and pedestrian easement on each side of the right-of-way, which has been common practice in the past. They have also requested we loop the water system between the cul-de-sacs. We have provided 2" blow-off valves at the end of each line to enable public works to periodically blow-off the water line. We prefer this design versus the looping of the cul-de-sacs because it will require waterlines, that are under pressure, to be installed between houses, which limits access for future operation of the system. uestions regarding these issues please contact our office. Cc: Gary Cantrell 'Rt~~;~EiJ' CITY OF COLLEYVILLEJ BY COMMUNITY DEVELOPMENT 3950 Fossil Creek Boulevard, Suite 21 0, Fort Worth, Texas 76137 . 817.306.1444 . 817.306.1555 Fax. www.gsw-inc.com ORDINANCE 0-04-1442 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 8.78 ACRES OF LAND OUT OF THE NANCY B. LOONEY SURVEY, ABSTRACT 937, FROM THE CC1 VILLAGE RETAIL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT;. PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Gary Cantrell on December 15, 2003, under Case No. Z-Q4-Q03; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas local Government Code and the Colleyville land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the CC1 Village Retail district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-04-1442 Page 2 of 5 b. This property is subject to all the regulations contained in the Colleyville land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum lot Size (2) Minimum lot Width (3) Minimum lot Depth (4) Front Building Line (5) Side Building Line (6) ~Uilding Line 6,600 square feet 60 feet 110 feet 20 feet 5 feet 10 feet 20 feet adjacent to Pecan Park Estates b. The maximum number of single family lots allowed within this development shall be thirty-two (32) lots. 4. Dwellina Unit Construction Reauirements a. The minimum dwelling unit size shall be two thousand five hundred (2,500) square feet. At least two thousand three hundred (2,300) square feet shall be located on the first floor of the dwelling unit. b. The exterior wall surface area of each dwelling unit shall be constructed of ninety percent (90%) brick, stone, stucco or other masonry material. The area of window and door openings shall not be included in the calculation of this requirement. This requirement shall only apply to the first story of the structure. c. The front elevation wall surface area of the dwelling unit shall not be constructed of siding or non-masonry material. d. The primary roof of the dwelling unit shall be constructed with a roof pitch of not less than an 8:12 pitch. Ordinance 0-04-1442 Page 3 of 5 e. All chimneys shall be constructed of brick, stone, stucco or other masonry material. f. Not more than sixty percent (60%) of the garage doors shall face the street, unless the garage door is set back a minimum of thirty (30) feet from the front building line. Garage doors shall be constructed of wood or wood-faced steel. 5. OPEN SPACE a. The PUD-R area shall provide a minimum of 6.6-percent of the residential project area as common open space on-site for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 6. CONCEPTUAL SITE PLANS AND PLA TllNG a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C" I which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject 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. c. As a condition of final plat approval, the developer shall obtain the written approval of the Grapevine-Colleyville Independent School District to dedicate a fire lane easement as a separate instrument to be filed in the Tarrant County Deed Records. The fire lane easement shall not be less than twenty-four feet in width. The fire lane shall serve as a secondary emergency access to the development and connect with a public right-of- way. The location of the fire lane shall be acceptable to the Colleyville Fire Marshal. Prior to the issuance of any building permits for the development. the developer shall construct the fire lane to the minimum standards contained in the Colleyville Land Development Code. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-1442 Page 4 of 5 7. SIDEWALKS AND TRAILS a. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be in accordance with the requirements of the Colleyville Land Development Code. b. Walkways, located in a front or side yard which connect to a public sidewalk shall be constructed with an exposed aggregate surface. 8. SCREENING a. The developer shall construct a six (6) foot tall masonry fence along the southern property line and those property lines as shown in Exhibit "0". The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowners association shall maintain the fence. b. The developer shall construct a six (6) foot tall wrought iron (or comparable decorative metal) fence along the western property line as shown in Exhibit "0". 9. OTHER a. Decorative pavers shall be used at the crosswalk located at the entrance of the development. b. All mailboxes shall be masonry construction. c. The developer shall submit a landscape plan for the open space areas for the consideration and approval of the City Council. d. The developer shall install decorative street lights and street signage, which shall be maintained by the homeowner's association of the development. 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 Ordinance 0-04-1442 Page 5 of 5 alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ..J it.D( day of ~~-# ~ :J 2004. The second reading and public hearing being conducted on the /? s-;f day of ~.I 4-:;- 2004. n~~~~-~; Cynthia Singleton, TRI' City Secretary ~-1.L/t~S TO FORM AND LEGAUTY: ~r.~ City Attorney EXHIBIT D MASONRY SCREENING WALL & WROUGHT IRON FENCE LOCATIONS PONDgROSA -;or " . DO. GAel" ~r R E ~ r _It: A/tDRell. J. CALDlleu SURver. ARSfRAcr /to. JJI -- / ....v~ ,...11: ~Kt!o . ~ VA~ ~ ~ ~ 1_=== ~"'_l.W===J'.-=-~.-=-~=~-=--=--=--:,-=-",,: ! NAIICY R. LOONer SURrer. ArSfRAcr NO. 'J1/ ,,_____ r"l t 1/_____".7 !Ii ,.;'PCVINf r.n. r ""'VII. r , ~ n I N :.;. o -...J U1 I o W (0 JJ "U ~ 3" ;:i" Q) -< - "U .., ~ 3" :5" Q) -< "U Dr - o -...J U1 , o w (0 0.. :E lC U1 - ....... Q N o o J:>. , , , , I --A~ ,,",," : ~---- v J, ,,/:::>~~'" : all Iii ,," ,," I Ili; : ?",," <" L_u___u__uu_uL_::-l:__u=_u_"~'" \ .. 0.,"".'....,. I : u_ u:t_ --'1 - -_v-1 _ : r-u--uu-u-- r I : ! : ~~! 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II'r J' i~ !I III l II I I~I ~Jll Ii 1,1 ~ ~ ~I i ~I " II I 11 II I ~I [I .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 14, 2004 P-04-022- Replat of Lots 10R1 and 10R2, Block 2, Heritage High School Addition, 1.76 acres located at 4205 Gateway Drive STAFF REVIEW COMMENTS Ayers & Ayers Plaza Ltd. is the owner of a 1.76-acre lot located on the south side of Gateway Drive, just west of State Highway 121. There are two buildings presently on the lot. The owner has submitted a Replat of the property to divide the property into two lots so that each building is located on a separate lot. Zoning. The property is zoned CC2 Shopping Center Commercial. The CC2 district requires a minimum lot size of 20,000 square feet, a minimum lot width of 150 feet, and a minimum lot depth of 120 feet. The proposed lots exceed these requirements. Access to Lot 10R2. Lot 10R2 does not have frontage on a public street. However, the Land Development Code allows non-residential lots to provide access to a lot through a dedicated access easement. The proposed lot is accessible from a 50-foot wide dedicated access easement that connects to Gateway Drive on the west side of the lot. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION Approval A TT ACHMENTS · Location map · Plat Prepared by: sband, AICP t Coordinator Agenda Item No.2 - Page 1 :0 co"'- 0::U) 1-110 ..: . ,g~ ~.u ---- ' -'" l,t ~---------- l' ~~ __ <.:::J I ~ . I I ! ~ZL AN,H 31 V is .--- -..-.. GRAPEVIN .._. ECITYUMITS o ,... It .,. ::l .; -:S: ,.rl s;..... o o -('l ; ,:~c' I L__L . ~ ~ - -:S: :\ 1\ \ ~ \ I") \ ~ i \ \ \ \ \ ~ \ 10 i ,0:: l- i \ i \ :c\ I ~ \ ! _01 i -<I ___.__L~~ l--- \ i , \ , \ i \ i i It) \ -< 0\ w<\ 0:: I') \ 1-":\ I \ \ i \ ~ , I i ~~' , :It) I I I- O! 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I~ ~~I ~ ~ ti: II ~ Ii ~ ~ ..om + @ Q ~t o ,I .~>>l I~I IB~ i~~ ~F~ liB ~SJ .$ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 14,2004 Z-04-023 - PUBLIC HEARING - Special Use Permit for day care on Lot 1, Block 1, Pleasant Glade Assembly of God Addition, located at 2508 Glade Road 51 AFF REVIEW COMMENTS Pleasant Glade Assembly of God is the owner of a g.O-acre lot and building located on the north side of Glade Road, west of Pool Road. Kingdom Harvest Church, the prospective owner of the property, has applied for a Special Use Permit to allow day care within a portion of the building. The g.O-acre lot fronts on Glade Road, but is much deeper than it is wide. The property extends from Glade Road to the O.C. Taylor Elementary School property to the north. An existing church building is located on the property; the remainder of the property is vacant. The church intends to occupy the building sometime during the summer. The applicant proposes to conduct a day care program as an accessory use to the church. The church is in the process of obtaining a license from the State of Texas for the child care center. Information provided by the applicant indicates that the day care operation would include children between the ages of 18 months and 4 years. At present, 40 children are proposed for the day care, but the total number is further limited by State license requirements. The day care would operate during weekday hours. Additional information will be provided by the applicant at the meeting. Day care centers, as a primary commercial operation, are only allowed by Special Use Permit in all commercial zoning districts. The property under consideration is zoned AG Agricultural. In Colleyville, churches and other houses of worship have always been a permitted use in all zoning districts, but they are not specifically listed in the land use tables in the Land Development Code. Day care or child care is typically an accessory use for many churches. There are two other churches in Colleyville with licensed child care centers, and both of the church properties are zoned AG Agricultural. Staff reviewed several options related to the zoning of the property as it relates to the proposed day care operation. Churches are not listed as permitted uses, and there are no specific provisions for day care or child care as accessory uses in churches. One option for the applicant would be to request both a zoning change to a commercial zoning district and a Special Use Permit for the day care operation. However, this option is undesirable as the Master Plan does not designate any of the property in this area for commercial development, and a zoning change to a commercial zoning district could have unintended consequences in the long term. Another option would be to Agenda Item No.3 - Page 1 rezone the property to the PUD-R or PUD-C zoning district. However, this change could be misleading as to the future development of the property if there is no intention or specific plans for residential or commercial development on the site. Since there are two other churches in Colleyville that are zoned AG and have similar accessory day care uses, staff recommended that the applicant request a Special Use Permit for the day care activity. The Special Use Permit allows for conditions and restrictions to be placed on the operation, similar to a PUD zoning district, but does not introduce a commercial zoning district into the surrounding residential neighborhood. In addition, the purpose of a Special Use Permit, as stated in the Land Development Code, is "to allow a use not normally allowed in a zoning district, which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood." The surrounding property is residential and institutional in nature. Property to the north is zoned AG and is the site of C.C. Taylor Elementary School. Property to the west is zoned R20 and is developed as a single family subdivision (Summerbrook Addition). The property to the east is zoned AG and R40 and is developed as single family residences. The property to the south, across Glade Road, is zoned R20 and is developed as a single family subdivision (Thornbury). The Master Plan designates the future use of this property for institutional development. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for institutional and residential land uses. The property surrounding the intersection of Glade Road and Pool Road is planned for residential and institutional development. Commercial development is not proposed at this intersection or in the area. 2. Surrounding Properties. The surrounding properties are mostly developed as single family residences, with the exception of the school site. There are no commercial uses within the area. 3. Development Trends. The long-term trend for this area is residential 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-ot-way. The developer is responsible tor the extension ot utilities to the property if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property has an absolute property tax exemption for a religious organization. There is no property tax revenue generated by the property. Agenda Item No.3 - Page 2 6. Public Notification. Staff mailed notices to 24 adjacent property owners regarding this request. A complimentary notice was also sent to the Thornbury Homeowner's Association. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: June 14, 2004 City Council: July 20 and August 3, 2004 RECOMMENDATION Approval ATTACHMENTS · Location Map . Information and Drawings from Applicant . List of Property Owners Notified · Draft ordinance Prepared by: .~ Agenda Item No.3 - Page 3 14ft. I \ J 17 I! , I I A'" I, i~91 r---~J--,----- I / -- [,21/ " . 8 I I 7 I' --,.....- --.... '~~~_?~ __~1 11 2 I ,.. <L' \..\. I 0 6 O,.II,..1..:..----m 1 81 II 49 I r] ,-,---....-........- ..-.'\' t 48..........- 82 ../--~;" , (' I ....----/../...---.. " _../, r'" ~ 46 , ' OO\.. 17.1 Ac S C ~ 'i.\..\t. -:; '2.116.'" .~/-_.-'V----- a i B 6 \5 7 -----\ Z ....J ~oo\.. ~o~\) 1 I . I I I i 13 R : '2 ' 11 _....__. _ I ! -1-"'- I 10 _ _ ___....._ I TR 2B9A -----.. ----;- --...-- - L........ I ..1".." ,10 ' '~ \l d ~ .57 >>< _ i '. 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KINGDOM HARVEST CHURCH INFORMATION GENERAL INFORMA liON Telephone: Main Contact: Legal Structure: Tax 10 number: Inception Date of Organization: Length of time in current location: Number of worship services held: King~om Harvest Church 1901 Industrial Blvd., #100, Colleyville, TX 76034 817-482-1544 Don Shelton Corporation 75-2440269 July 8,1992 6 years 2 per week Name of Organization: Current Address: ...J en 0 I- 0 z J: w 0000 0 C --....- ... ::J Cl) CIJ I- D. -.. '" W en >- as ~ " <C 0 N 0 - ~ ~ C ~ C Q) G) G) G) G) >- - -.. - ------- CD .... .s; .! .! .! .! - ::> u u u (,) as ~ 0 0 0 0 E 0 - en en en en .)( - en en en en 0 0 ... ~ <(<(<(<( D. (,) en D. 0:: - - -- as C "'C W ..: ..: ..: ..: S J: G) CD G) G) e CIJ t'G .c.c.c.c 0 (,) u u u u Cl) it: 0:: as as as as D. <( G) CD CD G) U) 0 W Q) UJ t-t-t-t- W 0 - J:"'C I- "C"C"C"C Z - CD .....!! 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C en ... ... ... ,s:~ C) <( C'? as as as W .... c ("II G) CD G) > 0 Z ..J >->->- 0 ~ E - (,) ClO NC'?"'lIt ~ - KINGDOM HARVEST CHURCH MOTHER'S DAY OUT/DAY CARE/SCHOOL 2508 Glade Road - Colleyville Administration Area: 11 x 14 Pastor's offICe with storage closet 11 x 17 Secretary area with storage closet 9 x 10 School Administrator's office with storage closet 5 x 7 Bathroom Children's Rooms: 12 x 15 Children's room with storage 12 x 18 Children's room w/storage Jack & Jill Bathroom 12 x 22 Children's room w/storage 13 x 43 Nursery with visual pager Men's & Women's bathrooms Janitor's closet w/sink Storage closet Miscellaneous: Zoned Ale Sprinkler System Security System Intercom Gas Heat & Hot Water Heater Outside storage building 129 parking spaces Sanctuary Areas: 58 x 60 Sanctuary with 208+ seating, sound center, baptismal, choir room 8 x 10 Kitchen with pantry, double sink, electric stove, microwave and refrigerator 31 x 31 Adjacent Lunch Area 10 x 10 Office w/closet Classroom Building: 13 x 17 Classroom with storage closet 13 x 17 Classroom with storage closet 13 x 17 Classroom with storage closet 13 x 17 Classroom with storage closet 23 x 31 Classroom with 2 storage closets Men's & Women's bathrooms I I 5 'L L-:r I 0 f \) ~ I ':. 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Slido 179 plat: S U9' 51' 1 W ~ 325.90' 2512 GLADE ROAD Z-04-023 Grapevine Colleyville ISO 3051 W Hwy 26 Grapevine TX 76051 Summerbrook Homeowner's Assoc 5005 Green Hill Lane Colleyville TX 76034 Gilbert, Maudie Faye 5212 Pool Road Colleyville TX 76034 Davis, Brendon K & Barbara G 5111 Summerbrook Drive Colleyville TX 76034 Robertson, Delma 0 5204 Pool Road Colleyville TX 76034 Laforest, Joseph & Virginia 2406 Danbury Drive Colleyville TX 76034 Hunt, Eleow & Linda 5109 Summerbrook Drive Colleyville TX 76034 Hall, Charles Wetux Helen F 4200 Glade Road Colleyville TX 76034 Budiardjo, Tugu A 5103 Summerbrook Drive Colleyville TX 76034 Hood, Robert M etux Julia A 5107 Summerbrook Drive Colleyville TX 76034 Tyler, Jacqueline 5101 Summerbrook Drive Colleyville TX 76034 Texcan Ventures V11, Ltd 5100 Pool Road Colleyville TX 76034 Mikulik, Walter etux Eva 5100 Pool Road Colleyville TX 76034 Moore, Robert etux Virginia 5105 Summerbrook Drive Colleyville TX 76034 Pollack, Lisa etvir David 5007 Summerbrook Drive Colleyville TX 76034 Johnson, Barry A etux Dolores 5005 Summerbrook Drive Colleyville TX 76034 Hawkins, Leanne & V Patterson 5001 Summerbrook Drive Colleyville TX 76034 Montgomery, Ronnie etux Kim L 5003 Summerbrook Drive Colleyville TX 76034 Bell, Phillip W etux Lisa 1110 N Watson Road Arlington TX 76011 Monacelli, Eugene C Jr etux C 2504 Meandering Way Colleyville TX 76034 Daunis, Patsy Charlene 2612 Glade Road Colleyville TX 76034 Washington Mutual Bank FA 8120 Nations Way Bldg 100 Jacksonville FL 32256 Coffindaffer, Thaddeus etux Je 6504 Pleasant Run Road Colleyville TX 76034 Pleasant Glade Assembly of God PO Box 609 Colleyville TX 76034 Don Shelton, applicant Kingdom Harvest Church 1901 Industrial Blvd, Suite 100 Colleyville TX 76034 Thornbury HOA Kim Hamilton, President 4504 Lakeside Drive Colleyville TX 76034 Case Z-04-023. Notices dated June 2, 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 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR DAY CARE ON LOT 1, BLOCK 1, PLEASANT GLADE ASSEMBLY OF GOD 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 Kingdom Harvest Church on May 17, 2004, under Case No. Z-04-023; 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. Sec. 2. Sec. 3. 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 1, Block 1, Pleasant Glade Assembly of God Addition, by authorizing a Special Use Permit for Day Care, subject to the following conditions: a. b. 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. 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 Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 14, 2004 G-04-001 - PUBLIC HEARING - Amendment to the Land Development Code to require underground utilities STAFF REVIEW COMMENTS At the May 4, 2004, City Council Pre-meeting, there was discussion with staff regarding a proposed ordinance to require all new developments in Colleyville to place private utilities underground as properties are platted. The burying of existing overhead electric power lines, particularly along Colleyville Boulevard, has been discussed on several occasions by the SH26 Advisory Committee as an important aesthetic element that should be considered as a part of the planned reconstruction of this major roadway through Colleyville. The SH26 Advisory Committee met on March 23, 2004, and recommended the City Council consider adoption of an ordinance requiring new developments to place overhead utility lines underground. Applicability - Attached is a proposed ordinance, which upon approval, will amend Chapter 14 of the Land Development Code and require all vacant unplatted properties in Colleyville to place overhead utilities underground as a condition to platting the property and obtaining a building permit. The requirement will also be applicable to any vacant lots created by a replat of an existing platted property. Existing overhead utilities will be required to retrofit and be placed underground, as well as any new utilities. The primary concerns associated with the negative appearance of overhead utilities have historically been related to those properties situated adjacent to State Highway 26. However, the ordinance would apply to all vacant, unplatted properties, not just those along Colleyville Boulevard. One explanation for the absence of any negative comments related to overhead utilities in residential neighborhoods is that most developers choose to pay the costs of placing these lines and wires underground to enhance the marketing of their developments. Hence, most residential subdivisions in Colleyville have electric and other utility lines buried within utility easements, normally located across the back portions of the residential lots. Implementation - The process for implementation will be through the review and approval of construction plans for new and replatted developments, a function performed and coordinated by the Colleyville Engineering Department. Construction plans for water, sewer and street improvements, normally included with the final plat submittals and replat submittals, will be required to include additional plans and drawings showing the layout and construction details for the private utilities. Agenda Item No.4 - Page 1 Local Developer Comments - Staff mailed notices of the public hearing and copies of the draft ordinance to developers and engineering firms who have recently been active in Colleyville to advise them of the proposed ordinance and to solicit comments and input. Comments were received from one developer and one engineering firm, and copies of the comments are attached. Within the past few years, many developers have expressed concern over the additional charges now being required by utility providers to place underground utilities in the rear yards of their subdivisions. Utility companies have expressed difficulty in maintaining their systems when they have to deal with locked gates and aggressive animals when attempting to access gain access to a residential back yard. Consequently, it is becoming common place to place electrical transformers, switching gear and metering devices in the front yards of newer subdivisions. Front yard locations for these types of devices eliminate most of the problems associated with placing them in the back yard. Advantages and Disadvantages - The primary advantage of underground power lines is an improved appearance in neighborhoods and along streets by removing overhead lines and associated utility poles from view. Another advantage of underground power systems is they tend to have fewer power outages; but when an outage occurs, the duration of the outage tends to be longer due .to more difficult repairs. The primary disadvantage to burying overhead power lines is cost. Burying power lines is very expensive, costing about ten times more than installing overhead power lines, according to the Edison Electric Institute (www.eeLorQ). The estimated cost to bury the utility lines along SH26 is estimated to be $690 per linear foot, or $3.6 million per mile. Another disadvantage to buried power lines is that some of the components of the system must be located above-ground to provide access for repair and service. These above-ground components typically include transformers, switchgear and control boxes. Some cities have attempted to address the appearance of these components by requiring landscaping or screening around the boxes, but utility companies do not recommend this approach as it impedes maintenance of the utility equipment. Area City Regulations - Staff contacted several of the neighboring communities to determine if similar requirements have been adopted. The following is a brief summary of the results of this local area survey. Bedford - New developments are required to put overhead utilities underground. The retro-fit of existing has not been successful due to the cost of removing the current overhead lines and re-installing them underground. Euless - All new developments are required to put overhead utilities underground. However, they are experiencing some issues with TXU over the placement of the electrical boxes. The retro-fit has been discussed, but it has been determined too costly to implement. Grapevine - All new developments are required to put their overhead utilities underground. The retro-fit of existing overhead lines and wires has not been successful due to the cost. Grapevine officials did say that if a ~ompany leaves existing overhead wires and the following company that moves in wants to pay for Agenda Item No.4 - Page 2 retrofitting underground utilities, the cost to bury the lines would be borne by the new company. Hurst - Hurst does not require new developments to put overhead utilities underground. The Pipeline Road corridor has been discussed for retro-fitting for aesthetic reasons. Other companies, such as Wal-Mart and the new hospital, have decided to put in underground utilities due to nearby residential areas, but the costs were paid by the business. Keller - New developments are required to put overhead utilities underground. The retro-fit of existing overhead lines and wires has not be~n as successful as originally anticipated due to the double cost of removing existing overhead wires and constructing new lines underground. North Rich/and Hills - New developments are not required to put overhead utilities underground. There has been some discussion regarding the retro-fit of existing lines for aesthetic purposes, but a decision has not been made. South/ake - New developments are not required to put overhead utilities underground. The retro-fit of existing overhead utilities has not been successful due to the cost factor involved. ATTACHMENTS · Copy of notice mailed to local developers/ engineering firms · List of local developers/engineering firms · Correspondence · Pamphlet from Edison Electric Institute · Proposed Private Utility Ordinance Prepared by: . ~ ~ M. Barry LeBaron, AICP Development Director Agenda Item No.4 - Page 3 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT MEM RAN M....: . a To: Area Developers and Engineering Finns From: Barry LeBaron AICP, Community Development Manager Date: 13 May 2004 Re: Land Development Code Revisions The City Council of the City of Colleyville is considering revIsions to the Land Development Code regarding the placement of private utilities underground. Enclosed is a copy of the proposed ordinance. We would appreciate hearing your comments and suggestions on the proposed ordinance. You may provide your comments in writing at the address below, or at the public hearings before the Planning and Zoning Commission and City Council. The public hearing schedule is as follows: Planning and Zoning Commission City Council Location Public Hearing Schedule Monday, June 14, 2004, 7:00 p.m. Tuesday, July 6 and July 20, 2004, 7:30 p.m. City Council Chambers, 100 Main Street, Colleyville Written comments may be submitted to any of the following: Community Development Department City of Colleyville 100 Main Street Colleyville TX 76034 Barry LeBaron AICP -lebaronb@cLcollewille.tx.us Clayton Husband AICP - husbandc@cLcollewille.tx.us Fax: 817.503.1059 P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 Konstantine Bakintas, P.E. Baird Hampton & Brown 309 W 7th St, Suite 500 Fort Worth TX 76102 Walter Elliot Elliot & Hughes 1001 W Euless Blvd, Suite 214 Euless TX 76040 Rod Ekern, P.E. Hagan Engineering 1705 Forest Ridge Dr, Suite 102 Bedford TX 76022 Mark Hannon Hannon Engineering 1245 Southridge Ct, Suite 204 Hurst TX 76053 Thomas Hoover Engineering 416 North Main, Suite 120 Euless TX 76039 Jackey Fluitt Washington & Associates 3950 Fossil Creek Blvd, Suite 210 Fort Worth TX 76137 Eddie Eckert, P.E. Goodwin & Marshall 2405 Mustang Drive Grapevine TX 76051 Kevin Miller Civil Works Group 1195 Boling Ranch Road N Azle TX 76020 John Zimmerman, P.E. 908 West Main St Arlington TX 76013 Dale Crane 1469 Sunshine Lane South lake TX 76092 Charles Hodges Hodges & Associates 13642 Omega Dallas TX 75244 Kipp Whitman 3930 Glade Road, Suite 108 Colleyville TX 76034 Raman Chandler 2319 Hall Johnson Road, Suite F Colleyville TX 76034 David Bagwell The David Bagwell Company 8222 Douglas Ave, Suite 605 Dallas TX 75225 Gary Cantrell PO Box 96 Colleyville TX 76034 John Grant Grant Engineering 3244 Hemphill Fort Worth TX 76110 Ernest Hedgcoth 5701-C Midway Road Fort Worth TX 76117 Timothy J. Welch Welch Engineering 4109 Cagle Drive, Suite 0 North Richland Hills TX 76180 Keith Hamilton Hamilton Consulting 601 Harwood Road Hurst TX 76054 Richard Myers Realty Capital Corporation 111 S Main St, Suite 200 Grapevine TX 76051 Terry Wilkinson Wyndham Properties 751 E Southlake Blvd, Suite 130 Southlake TX 76092 Larry Cole 6420 Remington Parkway Colleyville TX 76034 LeI LARRY COLE IiVVESTMENTS Real Estate Investment & Development Barry LeBaron Planning Director City of Colleyville 100 Main Street Colleyville, Texas 76034 May 25, 2004 Dear Barry, I am in receipt of the Memorandum you sent me concerning changes to the code for utility contractors. Here is my take on the issue. It is extremely frustrating for developers to observe cable and telephone companies come in after the development is final, go in the city right of ways' instead of the rear easements provided to them and make a mess of them. They come in and proceed to tear up the work of our utility and paving contractors, and excavation contractors. Just recently Comcast came into Phase IV of Reming1:on with no advance notice and started digging up our right-of-ways to install cable. They cut a gas line without any interest to get a plan where the gas lines were laid. They then went to Emerald Park and proceeded to tear up the gas lines in three places. Since we don't pay them for their service or the phone company they take the position that they don't have to deal with us. We do pay for gas installation and streetlights, but not the electrical service itself. Since Oncor is the only utility company in town authorized to work in this area of town, we have no choice but to get electric service from them. At this time they are very poorly organized and managed. They hire private contractors who have a three-way contract with us to install the main conduits. Then they hire another company to pull the wire through the conduits. Then they use their own crews to connect the transformers. If the local crew isn't available, then they send for some crews in Dallas to come. They then forgot they weren't connected to the transformer after sending out the first set of temporary meters for the Builders. After a month and one half the street lights still are not operating. 6420 Remington Parkway. Colleyville, Texas 76034 . Metro (817) 498-8206 · Fax (817) 581-4075 The latest trend of putting the transformers in front of the lot only complicates development work as it interferes with locating sewer taps. I wish you would make them put the transformers.in the rear as North Richland Hills does. Putting a requirement to the Developer to screen the transformer is impractical as to how are you going to water the screening plants prior to completion of the house? A better solution is to just require the developer to put this in his deed restrictions. / You requirement to make all utilities underground could be extremely expensive. When we buy land next to an adjacent piece of agricultural property, exactly where is the overhead line. My guess is that some of the poles are on my property and some on the adjacent property. We always go underground to the houses even if there are poles on the perimeter. When you buy land next to old county roads, there usually are some primary lines owned by the utility companies. The cost to remove the power line could get very . expensive and should not be the responsibility of the developer. If the purpose' of the ordinance is to require phone and cable companies to follow better procedures, I am all for it. If the purpose is to get developers to take respQnsibility for work they have no control over, then this is a bad ordinance proposal. Please accept my comments as constructive criticism as to how the ordinance is written. \:'-..~y, ~ ~ole Page 1 of 1 .. 04 DI:> I Clayton Husband From: Konstantine Bakintas [kb@bhbinc.com] Sent: Thursday, May 20,200410.34 am To: Barry LeBaron; Clayton Husband Subject: Baird, Hampton & Brown Inc., Engineering & Surveying Hello, We are in receipt of your memorandum regarding the Land Development Code Revision requiring underground services for platting. I am sure this will be a controversial ordinance... but will certainly improve the overall appearance of the City. Please update your database with our new address: 6300 Ridglea Place, Suite 700 Fort Worth, Tx 76116 Thank you, Konstantine Bakintas, PE BHB Engineering & Surveying Tel (817)338-1277, Fax (817)338-9245 www.bhbinc.com.kb@bhbinc.com 5/20/2004 Edison Electric Institute UNDERGROUND VS. OVERHEAD DISTRIBUTION WIRES II Issues to Consider When addressing concerns about electric reliability, it is important to keep in mind that over 90 percent of power outages are caused by problems occurring in distribution systems. Distribution systems are the wires running through neighborhoods that carry power from substations and deliver it to homes and businesses. In most American communities, the wires are attached to utility poles and run overhead. In some communi- ties, however, wires and various pieces of equipment are placed underground. Among the problems that can befall overhead distribution systems are trees knocking down lines; wind, ice, and other storm-related damage; auto accidents; animals contacting wires and transformers; and vandalism. Some say the solution to many of these problems is to place wires underground. However, the cost and maintenance problems associated with underground systems can outweigh their relative benefits. Ultimately, utilities are committed to maintaining high reliability, and the decision of whether or not to place systems underground must depend on local conditions, costs, community preferences, and a host of other factors that vary by each individual community. Running wires underground has benefits and drawbacks. Undergrounding's bene~ts are: ~ Beautification. Overhead wires can be considered unsightly, especially in areas where there are numerous lines. ~ Reliability enhancements. Placing wires underground offers more protection from trees, ice, wind, and other damage during storms; however, power outages may still occur if feeder cables or substations are damaged. ~ Elimination of road hazard/auto accident risks. ~ Reduced vulnerability to vandalism. Undergrounding's draUJbacks are: ~ Cost. Cost estimates vary widely from project to project because of a number of factors, including terrain conditions (e.g., rocks and water intrusion) and the exis- tence of obstacles or barriers, such as roads and structures. The costs of running distribution facilities underground are lower if construction is new rather than if there is a conversion from an overhead to an underground configuration. One utility suggests that a general "rule of thumb" for estimating a range of distribu- Oller don line costs is that overhead lines might average $10 per foot while the same underground line would cost between $20 to $40 per foot. . Undergrounding creates more complex switching and control needs. . Transformers placed underground can have their service lives cut in half because the need to circulate air around them also makes them more vulnerable to rusting. . Trenching of streets to lay new conduit necessitates pavement repair costs. . Visual inspection of underground lines is impossible, making maintenance far more difficult, costly, and time consuming. . Repairing underground lines is usually more complex and costly than repairing overhead lines. While most communities have chosen to run distribution wires overhead, some communities have placed greater value on the aesthetic benefits of underground systems and have chosen them instead. Again, local conditions and individual community needs and preferences account for the different decisions on whether or not to place wires underground. Regardless of the decision, utilities remain committed to ensuring high standards of reliability. DB EDISON ELECTRIC INSTITUTE 701 PennsylV3l1Ia Avenue. N. W. Washlnoton. D.C. 20004-2696 202-508-5000 www.eeLorg ORDINANCE 0-04-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 14, ENGINEERING DESIGN STANDARDS, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING PRIVATE UTILITIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 14, of the Land Development Code, as amended, is hereby amended to insert a new Section 14-182, Private Utilities Provisions, to read as follows: Section 14-182 Private Utilities Provisions A. Definitions - For purposes of this section, the following definitions shall apply: 1. "Utility services" - The facilities of any person, firm, or corporation providing electric, telephone, video and other communication cables, including internet service, or any other such item or service for public use, but not those provided by the City of Colleyville. 2. "Electrical transmission line" - Those high voltage supply electric lines that emanate from substations used to distribute power through an area to an unspecified number of customers. 3. "Lateral/distribution lines" - Those wires, cables or lines used to provide service to an area of customers. Ordinance 0-04-xxxx Page 2 of 4 4. "Service lines" - Those wires, cables or lines used to provide service between a lateral/distribution line to an end-user and normally located on the property of the end-user. 8. Applicability - This regulation shall be applicable to vacant- unplatted properties and to all vacant lots created by a replat of an existing platted lot, located within the corporate limits of the City of Colleyville. C. ReQuirement - From and after the effective date of this Ordinance, all subdivision plats, including replats, submitted to the City for approval for a vacant property shall include construction plans that provide for private utility services, including all lateral/distribution lines to be placed underground. D. Construction Permit - Prior to construction of any private utility service, utility companies shall submit plans, showing the extent and location of construction, to the City and receive a construction permit. No permit shall be required in the event of an emergency in order to restore service. The location of all new equipment shall be shown on the construction plans. E. Easements - Responsibility for obtaining or verification or all easements shall be with the developer of the utility company providing the private utility service. Easement locations and widths shall be shown on the construction plans. Any changes during construction shall be approved by the utility companies and the City of Colleyville. F. ExistinQ Overhead Services - Existing overhead lateral/distribution lines and service lines located within the land proposed for development must be relocated or placed underground to accommodate the development, the developer is responsible for relocation and placement of the lines underground. G. New Services - New overhead lateral/distribution lines and service lines shall be placed underground. H. ScreeninQ of Support EQuipment - Support equipment, such as transformers, amplifiers, switching devices, etc., necessary for underground installations, shall be screened with live plant material to provide a solid screen from view from public streets. Screening shall be the responsibility and at the cost of the developer or utility company. The location of the screening material shall be coordinated with the utility companies to ensure safe and efficient access to the equipment. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-xxxx Page 3 of 4 I. Cost Recovery - Nothing in these regulations shall prevent a utility company from charging or recovering the costs associated for compliance with these regulations. No utility company shall be required to begin construction of underground facilities unless and until the owner or developer has made arrangements with the respective utility company for payment in accordance with that respective utility's Tariff for Service and/or Line Extension Policy. J . Temporary Service - A construction service may be provided by overhead electric lines and facilities without obtaining a variance or exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed. K. Additional Standards - All utility installations regulated by this section shall also conform to the standards for utility construction contained in the Colleyville Land Development Code. L. Waivers and Exemptions - The City Council may approve a waiver or an exemption to a requirement of this section where it is determined to be impractical or not in the best interests of the public for strict compliance. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause Ordinance 0-04-xxxx Page 4 of 4 publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ l'exa& PLANNmG&ZONmGCOMM~MON AGENDA BRIEFmG Agenda Date: Subject: June 14, 2004 Z-04-022 - TABLED ITEM - Special Use Permit for an accessory building on Lot 1, Block 1, Panno Addition located at 308 Black Drive UPDATE The Planning and Zoning Commission tabled this item at the May 24, 2004, meeting, and directed the applicant to review possible changes to the building. There was discussion during the meeting regarding the access to the second floor of the building, and whether the access should come from an inside or outside stairway. The second floor is a proposed living area for a nanny, and the first floor is proposed for use by the homeowner for personal use and as an entertainment area next to the swimming pool. The Commission was concerned about the possibility of the building becoming a separate residence in the future. As of the time of agenda preparation, the applicant has not submitted any revised information. STAFF REVIEW COMMENTS - Mav 24. 2004 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 Agenda Item No.5 - Page 1 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. 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: ~ Agenda Item No.5 - Page 2 , I I I I I I I I I I I !J! ~ I I I I I I I I I I ~ cr !: .. ~ I o ~ I I I I I I . I 1_...._..- '~~ ~ ~~ c-1 ~ 007<", <a~~~ ~t \ ~'2..'st ~ . U) 6. 'th~ ~ ~. ~~~ '~ ~~ \ ".,')/' " N "'" / ''''' ~ ~2I ~~~ I..- I O~; :\ ~w I, tf' ~~ j re. ~< ..-~ i ON . ~ ~ \ 0:: j 0::0 I .... ; "=0:: I .... 0 I \ I- I 1-"': , A_ I 1-,..... ~ L ---- __....--.--.- i ~ I : 0.. - 1-0 ~ I ~~~ I ~ ~~.... 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I I , I <:; '" I I I I -I I 0 I <11> 2640 rSMT r 2640 rMT 2640 SMT 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 Panno, 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 permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP .~ 'l'exa5 PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 14, 2004 G-04-015 - TABLED ITEM - Consider recommendation of the Master Plan update to the City Council UPDATE The Planning and Zoning Commission tabled this item at the May 24, 2004, meeting to conduct a final workshop on the master plan update. The workshop was intended to allow staff to receive final comments from the Commission on the draft, and to allow the two new commissioners to have additional time to review the document. STAFF REVIEW COMMENTS - Mav 24. 2004 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: ~~ M. Barry leBaron, AICP Development Director Agenda Item No.6 - Page 1