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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-8/9/2004 city Of Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, August 9, 2004 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Dave Dudziak, Luann Edwards, Denis Duffy, Thomas Dolan INVOCATION Commissioner Byerly PLEDGE OF ALLEGIANCE CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA AGENDA ITEMS 1. Case P-04-028 - PUBLIC HEARING - Zoning Change from R20 to CN Neighborhood Commercial on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson Terrace 2. Case Z-04-026 - TABLED ITEM - Zoning Change from R30 to PUD-R on Lots 1 and 2, Block 1, NeidholtAddition, 2.23 acres located at 103-105 John McCain Road STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS The following items were received on the last case submittal deadline: · Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard · Minor Plat of Sneed Addition, 5.42 acres located at 709 W LD Lockett Road COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Posted: Friday, August 6, 2004, 4:30 p.m. Clayton Husband AICP Development Coordinator ~ Planning and Zoning Commission Agenda - August 9, 2004 Page 1 of1 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: August 9, 2004 Z-04-028 - PUBLIC HEARING - Zoning Change from R20 to CN Neighborhood Commercial on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson Terrace STAFF REVIEW COMMENTS Jerry Pederson is the potential developer of a ~-acre parcel of land located on the east side of Thompson Terrace, between Colleyville Boulevard and Glade Road. The applicant has submitted a request to change the zoning on the property from R20 Single Family Residential to CN Neighborhood Commercial. The applicant is seeking a zoning change in order to develop the property as an office building. The CN district is designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. The lot size maximum of one acre is intentionally small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. There are other properties on Thompson Terrace, as well as scattered properties in Colleyville, that are zoned CN Neighborhood Commercial. The applicant proposes to construct an executive office building on the property. The proposed building would be approximately 2,500 square feet in size. According to information submitted by the applicant, the building will either be used for his printer supply business or sold when the building is complete. Conceptual site plans have not been submitted. The surrounding property is both residential and commercial in nature. Properties to the west, across Thompson Terrace, are zoned CC1 and are developed as professional offices. Property to the south, at the corner of Glade Road, is zoned PUD-C and is vacant. The property to the east, which fronts on Oak Timbers Court, is zoned R20 and is developed as a single family residence. The property to the north is zoned eN Neighborhood Commercial and is developed as a medical office. The Master Plan indicates that all the property on Thompson Terrace is anticipated to be developed for commercial uses in the future. Since the Master Plan indicates that Thompson Terrace should develop as a commercial area, similar zoning changes have been approved on the street. In March 2004, a zoning change was approved for a PUD-C on the property immediately to the south of the property under consideration. The property immediately north was rezoned from R20 to CN in February 2001. The property across Thompson Terrace was rezoned from R20 to CC1 in July 2000. Agenda Item No.1 - Page 1 IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for retail, commercial and office type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as both commercial businesses and single-family residences. 3. Development Trends. The long-term trend for the Thompson Terrace corridor is for commercial, retail and office development. The property in the area is suitable for that type of development due to its proximity to Colleyville Boulevard. 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 lot if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the taxable value of the parcel is $18,000. The estimated City property tax revenue for the property is $63 annually. The future property tax revenue would depend upon the value of the building improvements to the property. 6. Sales Taxes. It is unlikely that the development would generate sales tax revenue, as most office uses are not subject to sales tax collection. However, it is possible that the office development would have an indirect positive effect on sales tax revenue through the owners and visitors shopping at local stores and restaurants. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Office developments of this type are expected to generate 11.57 trips per 1,000 square feet of floor area per day, on average. Based on this average, the proposed 2,500 square foot office building could add 29 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to 14 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: August 9, 2004 City Council: September 7 and September 21,2004 Agenda Item No.1 - Page 2 RECOMMENDATION Approval ATTACHMENTS · Location Map · Zoning Map · Information from Applicant · List of Property Owners Notified Prepared by: ~ Agenda Item No.1 - Page 3 eo ~ ..... ~ CIO ~ 0) ~ o a:: It) iii a:: '" It) I') It) ;-T;:i-~~\ f 1..11t) leo' .....1. i It) I It) It) , It). . .. .. I ' . . l v, i'; co (J) , It) (J) l 0::: ~.. I- I .---.-...'\\, "", " ~ i ) J ) SAN GABRIEL AVE ~ m 0 I') < ..-...-- 0::: It) I- "': It) .. I') I') I') ~r ~mm. t) ......_--~....... '" .... .... It) u I') ..... o .... '" 00 1')< 0:::..... I-~ .. \ ("-..--------- / ..j 10 r- o \ ...4. \ ! rt-\ ._.._._~m.} U>\ I') Y\ f-- "'.." . ......- ~.t :t ~l. :: I') .., ~_._-_.- ...... I') It) < 0 :( < ~ .., 0::: r--: ..... a::~ ~ I .....:c 0) ~"': I ...... z -..-....j ~ ~ '" rm.-_~m_l-- ~ \ <X: <( \ CIO () ; o -, --- --- '" ....._.__...__.h_._.__..-.. --.---.-.. 1J ScE18V'111 )i'vO o:::~ CIO 0 I ....~ .q< I ..... i i i i i \ i i \ 0)2 !< 0 co I 10 ""0':( < 0 < 0 :; ~ : :;! ~ ;1 1-. f::F': ....., f::' ___.__~__...~..--l.._.......~...~~.-.. . \ \0 j.... .. < 0 :( < '" .. ...... 0:::..... IX) 0 0::: "': I-~ .q < .... < a:: .., < ~~ 0:::0 I-N .. \m..._ 0::: ::: IX) ,...... \ \ea I It) , ~ I ~n.L 1"fO ~ d \/"to '" .L i................-.... CJCl31 NOSdY-lOHl ~ ..... ..... I \ .. lE I...... '" I ~ \..... ;..... i..... .....! j._m.-.....Lm._.._....---.L....-....-.. ; ...../jl:.~..,L...__ ----L../ .. / --.......... , I / . '--n. j II) ( ~tt) j \\\ ~ 0:::"'- ..... ,~_...- /mm ..I I __I- I '" t 0::: 0) . . . . I I I I I , / ~ c.0. Zoning Map Jerry & Kathy Pedersen 4100 Coachman Lane Colleyville, TX 76034 817-313-9573 Statement Of Planning Objectives: We are seeking a rezoning of 5005 Thompson Terrace from residential to neighborhood commercial. Properties on both sides of 5005 Thompson Terrace have been rezoned to commercial. Our plans are to build a garden executive office approximately 2500 sq ft in size. We may move our business PrinterSupplies.com from Hurst to this location or possibly sell it once the building is complete. Z-04-028 Jerry Pedersen, applicant 1244 Karla Dr, Suite 105 Hurst TX 76053 Latham, Floyd etux Billie Sue PO Box 44 Colleyville TX 76034 Batterden, Brian J 8727 Bel Air Rd Nottingham MD 21236 King, Dale L Attn: Carol A King POA PO Box 371 Colleyville TX 76034 Robert Salter Family LP 5011 Bluebonnet Rd Colleyville TX 76034 Fist Savings Bank FSB 503 E Border St Arlington TX 76010 Thiel & Thiellnc 109 Mill Valley Dr Colleyville TX 76034 Glade Road Capital LLC PO Box 1605 Colleyville TX 76034 Colleyville 5005 LLC 16 Seaview Dr Kingston MA 02364 Collins, Virginia etvir Richard 5004 Oak Timbers Ct Colleyville TX 76034 Bojku, Afrim & Hajri Bojku 5309 Colleyville Blvd Colleyville TX 76034 Richard Family Limited Partner 6220 Colleyville Blvd, Ste B Colleyville TX 76034 Quenichet, John Wayne 5005 Oak Timbers Ct Colleyville TX 76034 B Rogers & G Rogers Rev Lv Tr 3712 Glade Rd Colleyville TX 76034 Miller, Tom 5004 Thompson Terrace Colleyville TX 76034 Case Z-04-028. Notices dated July 26, 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 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: August 9, 2004 Z-04-026 - TABLED ITEM - Zoning Change from R30 to PUD-R on Lots 1 and 2, Block 1, Neidholt Addition, 2.23 acres located at 103-105 John McCain road UPDATE This item was tabled by the Planning and Zoning Commission at the August 9, 2004, meeting to allow the developer and the adjacent property owner time to meet to discuss issues related to the proposed development. The developer and the property owner will meet on August 5, 2004, and an update will be provided to the Commission at the regular meeting. STAFF REVIEW COMMENTS - 07/26/04 Old Grove Limited Partnership is the prospective owner of 2.23 acres of property located in the 100 block of John McCain Road, west of Monticello Parkway. The applicant has submitted a request to change the zoning on the property from R30 Single Family Residential to PUD-R Planned Unit Development Residential. The owner is seeking a zoning change in order to develop the property as single family residences. The property consists of two existing residential lots, one of which is vacant. The developer proposes to reconfigure the property to create four single family lots and one small open space lot. The proposed lot sizes range from 18,565 square feet to 29,499 square feet. The development is proposed to be a second phase of the Old Grove subdivision. The proposed lots do not have frontage on John McCain Road, but will front on a new street in the Old Grove subdivision. The surrounding property is single family residential in nature. Property to the north, south and west is zoned PUD-R and is under development as a single family residential subdivision (Old Grove). Property to the east is zoned R30 and is developed as a single family residence; property further east is zoned PUD-R and is developed as a single family residential subdivision (Westmont). The following is an analysis of the major issues associated with this rezoning request. Density. When viewed as a stand-alone project, the proposed density of this four-lot plat is 1.79 dwelling units per acre. When calculated over the larger area that includes all of the Whittier Heights/Old Grove project area, the density of the overall project is 1.70 dwelling units per acre. Agenda Item No.2 - Page 1 Lot Sizes & Widths. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. The overall Whittier Heights/Old Grove project area, which includes this proposed project, has an average lot size of 18,139 square feet. The proposed lots are a minimum of 90 feet wide, and the PUD-R regulations require 100 foot width. The attached ordinance establishes the minimum lot width of 90 feet. The lot widths are consistent with the approved regulations of the Whittier Heights/Old Grove project area. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also . offsets the smaller lot sizes allowed in the PUD-R. This phase of the project provides 3,920 square feet of open space, which is 4% of the 2.23-acre tract. However, when viewed within the limits of the overall Whittier Heights/Old Grove project area, the total open space provided in the project area is 25.22 acres, or 24.6% of the total development. Preliminary Plat & Engineering Plans. The zoning exhibit for this request is considered a preliminary plat. The preliminary plat review included general plans for streets, water, sewer and drainage. There are no significant issues regarding these items. Sidewalks and Trails. The attached ordinance will require the home builders on each lot to construct sidewalks adjacent to the streets. The sidewalks are required to be four feet in width. Special Conditions. As part of the application, the developer submitted a proposed set of special conditions for the project. The conditions ultimately become part of the PUD- R ordinance for the property, as do any conditions required by the Planning and Zoning Commission or City Council. A copy of the proposed conditions from the developer is attached. The attached draft ordinance incorporates the special conditions, but the language provided is different. IMPACT ISSUES 1. Master Plan. The rezoning request is consistent with the CoJleyville Master Plan, adopted in 1998, which designates this area as a future single family residential area. 2. Surrounding Properties. The surrounding properties are generally developed, with a mix of traditional neighborhoods and some single-family residences located on large acreage tracts. 3. Development Trends. The development trends in this area primarily focus on single family development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Agenda Item No.2 - Page 2 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcels that make up the 2.23-acre tract are valued at $73,815. The estimated City property tax revenue for the undeveloped property is $256 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the four proposed residences would add 38 vehicle trips per day to the surrounding roadways. 7. Public Notification. Staff mailed notices to 6 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. One letter of opposition has been received regarding this request, and a copy of the letter is attached. SUMMARY The proposed development contains just over two acres of proposed single family development, and is intended to be a phase in the overall Whittier Heights/Old Grove subdivision. Though the stand-alone project does not meet the lot width requirements of the PUD-R district, the project is consistent with the standards and requirements of the overall Whittier Heights/Old Grove project. It is staffs opinion that Old Grove Phase II should be evaluated as a part of the overall project. Given the existing conditions and configuration of the property, development alternatives are limited. The developer has made a good faith effort to design this project in a consistent manner with the surrounding larger development. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: July 26, 2004 City Council: August 17 and September 7, 2004 RECOMMENDATION Approval Agenda Item No.2 - Page 3 ATTACHMENTS · Location Map · Zoning Map · Zoning Exhibit · Information from Applicant · Development Review Committee memorandum · Applicant Correspondence · List of Property Owners Notified · Correspondence · Draft Ordinance Prepared by: usband, AICP Coordinator Agenda Item No.2 - Page 4 ~ Location Map McDONWELL C1TY OF COLLEYVILLE 1,1'1 'u; f Ii I dl! I .... ! MURPHY ~UJ I ~~, fJ) b: \Ii J ::! UJ 0.. I a: ~ ::J UJ I U :x: L ., ~}. t , :. I. ' : '.: l: . . CLAIRMONT ADDmON LAVACA a: w l!) Z H .... .... w II) VICINITY MAP (NOT TO SCALE) Zoning Map 0 1 !-5. .& A 0.. ],E , ~ -"~ I ~a ~ Be Z ~~ ~ 0 ~~ 5 o. ~ a:e ~ !!~ ., ~kD ~1:~ ~~:5 ~jo II -~:~ loJiII...a= . ~~li i ~ .I ~ . ~ ~ L nH i jl~~~l!} ..ldiiHi ~ : :i; :s .. ~ .. 2 2 .. ::E 2 ot .... !It .. i:i . c o. ... . i : ~ ~ ~ ~ ~ ~ : : \ "~~I~~/ / : \j i ~~ i~ "--- :: /' I : '~.=.~{1t~:~-_:;_~_~-~~-~~;:~:~~t:Ti*~ :~il ~ \ _ _ -ll!~ II - -------- ~/~ I . . ,,~~::-:-=_/ , .~ .oo.~-' l!5'!J:." .--::c. . . /"'~ .:~'~ ~~~----- ". / /~==!,.Cg ~:(1=~'.~\'r::C,,~ ~n\\ o. ~" ",.. 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Hi; o ~g:.. ~: ~~ r. ~E ~ 0- ~ €~ o ~~ -" ~i ~::t.. ;1 i::i L%_ ;~l ii jll 1:~ ~i ~:.. m ;~~ :~Ii :~; ..:!~ m :~~ t~~ - di h_ hi s ~ I!~ ~ 8 1,1 I ~ ~ I li~ ~~~i!i! =I!iiid I d ~DII~ @lmS 9.. o~ o OLD GROVE PHASE II PUD-R ZONING REQUEST: Special Conditions 1. PERMITTED USES The PUD-R shall have two (2) land uses as indicated on the Zoning Exhibit: a. Single family dwelling units b. Open space 2. PLATTING & PHASING a. The conceptual site plan for Old Grove Phase II is attached, as "Zoning Exhibit" also attached is the "Preliminary Plat". When presented, a final plat generally consistent with the attached Exhibits shall be approved, provided that it meets the requirements of the Land Development Code that were in effect at the time of approval hereof and have not been modified herein. In the event of conflict between the Special Conditions of this PUD- R zoning and the Colleyville Land Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat, except that there may be no more than four (4) lots, excluding Lot 16, Block A in Old Grove Phase I, the width of lots may not be less than ninety feet (90') at the front building line, the average lot depth of all lots shall not be less than 140 feet, and all lots shall face to the west. b. This development shall be subject to all impact fees as of the date of approval of the final plat, unless those impact fees have been reduced at the time they are due for this development. 3. DENSITY The average residential density is pennitted to be 1.8 dwelling units per acre over the combined acreage of Whittier Heights Phase I, Whittier Heights Phase II, Old Grove Phase I, and Old Grove Phase II. 4. WATER AND SANITARY SEWER a. No water or sewer extensions are required to be made to adjacent property. 5. LOT REQUIREMENTS AND SETBACKS a. Building setback lines shall be twenty-five (25) feet from the front property line. All lot dimensions shall be in accordance with the CoIleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance, including all exhibits hereto. b. The average lot size of all residential lots shall not be less than 16,000 square feet over the combined acreage of Whittier Heights Phase I, Whittier Heights Phase II, Old Grove Phase I, and Old Grove Phase II. c. Open space, including any trail rights-of-way, shall not be less than twenty percent (200/0) over the rombined acreage of Whittier Heights Phase I, Whittier Heights Phase II, Old Grove Phase I, and Old Grove Phase II. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO July 14, 2004 David Bagwell 214.368.7740 Carl & Carol Parker ~ VIA MAIL FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-026 R30 to PUD-R - Old Grove Phase II The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. If the zoning request were approved, the property would be subject to the general provisions of the PUD-R district and any conditions imposed by the Planning and Zoning Commission and City Council. ZONING EXHIBIT DRAWING 1. No changes are required to the drawing. PROPOSED SPECIAL CONDITIONS 1. The following are comments related to the proposed special conditions. 2. Paragraph 2b. The DRC suggests that the language for this paragraph match the language included in the PUD-R for Whittier Heights Phase II, which reads: This development shall be subject to all impact fees as of the date of approval of the final plat. 3. Paragraph 2c. 1bis paragraph appears to be informational and unenforceable in a zoning ordinance. It is suggested that similar language be added as a note to the subdivision plat rather than a condition of zoning. The recording information of the release of easement may be noted on the plat. 4. Paragraph Sa. The DRC suggests that the building setbacks be specifically listed for this property in the ordinance rather than referring to the Land Development Code, especially since the front setback proposed on the drawing is different than normally required. 1bis change will avoid confusion at the time of building permit review. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-026 OLD GROVE PHASE II OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. SEWER $1,589 per dwelling unit for SINGLE FAMD...Y DETACHED RESIDENTIAL uses. Please refer to Chapter 13 of the Land Development Code for details. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER 2. SUBDIVISION PLAT. Comments related to the subdivision plat submittal will follow under separate cover. The plat will be scheduled for consideration by the Planning and Zoning Commission after the zoning of the property is finalized. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 26, 2004, 7:00 p.m. Tuesday, August 17 and September 7, 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: · a written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, July 21, 2004 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or husbandc@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE20F2 -J~-> -~-~~ July 19, 2004 aayton Husband, A1CP Planning & Zoning Commission 100 Main Street CoIleyville, Texas 76034 Dear Mr. Husband: This letter is in response to the comments received on July 14th, 2004 regarding zoning case number Z-()4-()26 R30 to PUD-R- Old Grove Phase ll. Under the PROPOSED SPECIAL CONOmONS we submit the following: 1. we agree to this change and have attached a re-submittal of our special conditions; 2. we will attach a note to the subdivision plat that indicates we will be removing the easement; and 3. we will list on the development plat a twenty-five foot (25') front setback. We trust that this addresses all of the concerns for this zoning change. Please notify us in writing when we have been added to the agenda for the Planning and Zoning Commission. Sincerely, By: Z-04-026 Old Grove Ltd Prtnship, applicant 8222 Douglas Ave Ste 605 Dallas TX 75225 Goodacre Ltd Prtnshp 8222 Douglas Ave Ste605 Dallas TX 75225 Hightower, Roxanne S 104 John McCain Rd Colleyville TX 76034 Mitcham Homes LLC 2825 Exchange Blvd Ste 101 Southlake TX 76092 Battles, Brandon & Elizabeth H 101 John McCain Road Colleyville TX 76034 Allen, Carl E etux Sandra P 200 Compton Court Colleyville TX 76034 Carl & Carol Parker 10 John McCain Road Colleyville TX 76034 Case Z-04-026. Notices dated July 16, 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 July 21, 2004 101 John McCain Rd. Colleyville, TX 786034 Planning and Zoning Commission City of Colleyville 100 Main St. Colleyville, TX 76034 Dear Commissioners, We received the notice of public hearing for the petition for a zoning change for the property of 103 and 105 John McCain Rd. As owners of the adjacent property we urge you to deny the application for zoning change as requested. The preliminary plat on the zoning exhibit attached to the notice rather misrepresents the land in question. The exhibit fails to show that 103 and 105 John McCain are two lots of the three-lot subdivision called the Neidholt Addition. We own the third lot at 101 John McCain Rd. When we purchased the property in 1996, we knew that the agricultural land to our east and south would one day be developed. Westmont and Old Grove are now in development. We bought the house with the understanding and assurance that we were part of a developed subdivision, and we knew that we would have only one house adjacent on the west. We thought of it as a good faith insurance that we could rely on for the future. We did not buy an acre in the middle of a pasture. We are part of a platted subdivision. This zoning change request fundamentally changes the complexion of our property and alters the implied agreement of buying a lot in a subdivision zoned R30. Another issue is the drainage associated with this proposed plat. Our property is lower than 103 John McCain, which, as proposed, would be the back of all four new lots. We have already experienced a drainage disaster from Old Grove, and while the developer appears to have fixed that problem, the potential for drainage issues is greater on the proposed plat. Again, we urge you to deny this request as it unduly burdens us and our investment. We might suggest a compromise that could allow for multiple lots on the proposed property. We would ask that you require the developer to deed a 20-foot green space between our lot line and the proposed lots. This would still make the lots larger than most in Old Grove and should not harm his investment and potential sales revenue. Thank you very much for your kind attention to this concern. Sincerely, /~~/~ ~.~ RECEIVED JUL 2 2 2004 Brandon and Beth Battles (817) 428-9454 Per ............. ............. J9d tooz Z Z lnr a3^1303~ o -c i /" ./ ,/ I 1 ~ ~ ~ " e: ._ iii ~ <l ;" ( - . __-.to. ...... .. --~-~-DR-~-----"\-t . . \ ., '\.. . If) ~<I. ~'I . :I.. IV. ~;.I? )Y ~ < 1 ~.6Jt.r i ~ ' C f -- · f .:J!. Q..r, #h# >>,' . Cl . I · .. <S> 13 ~ 00. - ,J!!__J -(II~'--- , ." ... ~'O _-- ..."'1.-." ~ ~ .... ..,,-& \ .j.\ ~'& \ '\ . \ \{~ \ \~~~ 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 LOTS 1 AND 2, BLOCK 1, NEIDHOLT ADDITION, FROM THE R30 SINGLE FAMILY RESIDENTIAL 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 Old Grove Limited Partnership on July 6, 2004, under Case No. Z-04-026; 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 R30 Single Family Residential district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-04-xxxx Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Rear Building Line 13,000 square feet 90 feet 120 feet 25 feet 10 feet 15 feet b. The average lot size 16,000 square feet and shall be calculated over the combined acreage of Whittier Heights Phase I, Old Grove Phase I, Whittier Heights Phase II, and Old Grove Phase II. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty percent (20%) of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall be calculated over the combined acreage of Whittier Heights Phase I, Old Grove Phase I, Whittier Heights Phase II, and Old Grove Phase II. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be 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 Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-xxxx Page 3 of 4 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 final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. In approving the final plat, the approving body shall exercise reasonable discretion with respect to changes from the Preliminary Plat in roadway design, lot sizes, lot shape, building line, setback lines, open space and all other aspects of the plat. c. The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Whittier Heights Phase I, Old Grove Phase I, Whittier Heights Phase II, and Old Grove Phase II. 6. STREETS AND SIDEWALKS a. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 7. OTHER a. This development shall be subject to all impact fees as of the date of approval of the final plat. b. No water or sewer extensions are reuired to be made to adjacent property. 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 1. Foster City Attorney