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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/11/2004 city or @ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street - Monday, October 11, 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 Kelly PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES September 13, 2004 September 27, 2004 RECOGNITION OF OUTGOING MEMBERS Earl Swift Bruce Kelly Jeff Wall SWEARING IN OF NEWLY APPOINTED MEMBERS Denis Duffy, Place 1 Jeff Byerly, Place 2 Thomas Bartkowski, Place 3 John Blassingame, Place 4 ELECTION OF OFFICERS Chairman Vice Chairman CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA Planning and Zoning Commission Agenda -October 11, 2004 Page 1 0'2 AGENDA ITEMS 1. Case Z-04-033 - PUBLIC HEARING - Amendment to the PUD-R conditions for Heritage Glen Addition, located in the 3200 block of Glade Road 2. Case Z-04-034 - PUBLIC HEARING - Amendment to the PUD-R conditions for Tiffany Park Addition, located at 4300 Brown Trail 3. Case Z-04-035 - PUBLIC HEARING - Zoning change from AG and R40 to PUD-R on 10.2 acres located at 909-1009 Lavaca Trail 4. Case Z-04-031 - TABLED ITEM - Zoning change from AG and CC1 to PUD-C on 1.28 acres located at the 6400 block of Colleyville Boulevard STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS The following items were received on the last case submittal deadline: · Site Plan and Landscape Plan for Better Homes Realty Office, located at 6801 Colleyville Boulevard COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Posted: Friday, October 8, 2004, 4:30 p.m. ~d Clayton Husband AICP Development Coordinator Planning and Zoning Commission Agenda -October 11, 2004 Page 2 of2 ~ l"exas PLANNING AND ZONING COMMISSION MEETING MINUTES - September 13, 2004 CALL TO ORDER ROLL CALL Chairman Byerly called the meeti Commissioners Jeff Byerly Thomas Dolan, Dave present. Kelly, Luann Edwards, and Denis Duffy were staff were INVOCATION CITIZEN COMMENTS None AGENDA ITEMS .15 acres located in the 100 block of West case to the Commission and reviewed the staff briefing. C ad vi Comml advised t the lots to tti from Bill's Lan if tti liminary plat was considered by the City Council. Staff ed the preliminary plat with the waivers listed in the resolution. when the homeowner's association would be started. Staff at the time the lots are sold. Commissioner Duffy asked where site were provided access. Staff advised those lots have access ane, which are both private streets. Commissioner Dudziak asked if the entrance to the subdivision meets the requirements contained in the Code. Staff advised that it does, and referred to a copy of the proposed gate and entrance layout. Commissioner Dudziak asked about fencing plans for the development. Rob Ward, 704 Kent Court, South lake, developer. He stated their plans are to construct a wall along Glade Road, and continue the fence along the lots up to the location of the gates. Planning & Zoning Commission Minutes - September 13, 2004 . Page 1 of 4 Commissioner Edwards asked if there would be a pedestrian gate. Mr. Ward stated yes. Commissioner Edwards asked the developer to review the drainage plans for the subdivision. Mr. Ward stated provided an overview of the drainage to and from the subdivision. The motion was approved by the f Aye: Byerly, Edwards, Dolan, Du Nay: None o should be referenced ferenced. Ross Foster Commissioner Dudziak asked for clarification on whether ChaQ in the conditions of approval since the private streets are stated all the conditions of Chapter 10 apply to the prope Commissioner Edwards asked whether the utilities a e and sewer utilities are still maintained by the City overlaid on the private street lot. advised that the water ted in an easement Motion by Chairman Byerly to Commissioner Kelly. conded by 2. Case G-04-020 - gates r private streets and entrance ission and reviewed the staff briefing. He ere adopted in 1998 and that there were olleyville. He stated that the City Council nd Zoning mission's review of the gated. development any changes needed. Commissioner Duffy suggested that with staff bringing back draft revisions at a future meeting LeBaron stated that the regulations seemed to reflect mor r the nversion of existing subdivisions than for the creation of new g s a part of a new subdivision plat. Commissioner Edwards asked if be accomplished by resolution or ordinance. Barry LeBaron stated that e an ordinance to amend the gated development regulations. Commissioner ed about existing streets being closed as a part of the gated development pro Ross Foster stated that each property owner living adjacent to a street have an interest in the street and it would require one hundred percent of the property owners to convert a public street to a private gated street. Commissioner Kelly asked which development recently caused concern by the City Council. Barry LeBaron stated it was the Strathmore development, because it contained less than twenty lots. Barry LeBaron also questioned the fee structure, which provided for a refund if a gated development request were denied. Commissioner Edwards asked which gated developments contained less than twenty lots. Barry LeBaron stated that Strathmore, Tanglewood and Beldon Hollow were the three he could remember. Commissioner Kelly Planning & Zoning Commission Minutes - September 13, 2004 Page 2 of 4 asked where the twenty lot standard came from, Barry LeBaron replied that after researching past City Council minutes, it appeared to just be an arbitrary number. Commissioner Dudziak stated that he didn't think the reserve fund provision in the current regulations would generate sufficient revenues to repair or replace the street. Commissioner Duffy stated he would like to start at the beginning of the ordinance. Commissioner Dol streets back to t the adjoining p are private gates and ndemnification of liability cation of a private street and Zoning Commission 'sions for continued the City Council to Commissioner Duffy read a list of his concerns which inclu streets built to city standards, are HOA reserve funds audit to the city included in HOA documents, is there a metho permit, is there a method to approve a variance, has th reviewed all private street subdivisions, who r maintenance, who monitors reserve funds, has not maintain their streets, and who tests the gat Commissioner Dudziak expressed con homeowners association and when the rese that the HOA documents should include a state maintenance costs on a periodic b reates the established. also stated ing the engineering estimate of Commissioner Dudziak asked if higher density developments. Barry have more lots to contribute to the fun re needed for town homes or density communities would t the regulations do not have any real city assumed any liability if the HOA didn't have adequate i should the regulations require proof of such liability cov of th Ity. Ross Foster stated the there is no obligation on the city to approve a private gated development. He also stated that the city ass to repair the streets with the approval of a private gated develop me that the whole purpose of the private gated development regulations is e political situation where you let someone have a private gated development fo years or so then come to the city to repair their streets when it costs a lot of mon He stated that if you make it so complex and expensive that it may defeat the purpose of the regulations. Commissioner Dudziak stated that the HOA documents should make it clear regarding the reserve fund for street maintenance. Commissioner Dolan stated that there is nothing to prevent an HOA from amending its by- laws to reduce the monthly maintenance fee, even though the current regulations would require city approval. Ross Foster stated that if all the lots are sold there is probably no enforcement mechanism available to mandate the reserve fund. Commissioner Dudziak stated he would like to see a copy of the exhibit referred to in the regulations. Planning & Zoning Commission Minutes - September 13, 2004 Page 3 of 4 STAFF REPORTS ADJOURNMENT COMMISSIONER COMMENTS None Commissioner Byerly asked if the open space s . considered as part of the open space percent Clayton Husband stated it could count as 0 straight zoning. Commissioner Kelly state was to start putting an upper limit on the utili . n could have been a part of a PUD. UD instead of master plan detention. The Commission adjourned the meetin Respectfully Submitted, J. Clayton Husban Development Coordi Planning & Zoning Commission Minutes - September 13, 2004 Page 4 0'4 .~ "cxa5 PLANNING AND ZONING COMMISSION MEETING MINUTES - September 27, 2004 ROLL CALL Chairman Byerly called the meeti CALL TO ORDER Commissioners Jeff Byerl Edwards, Thomas Dolan Duffy were present. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF Edwards requested the minutes to he is making the motion to approve and 3, next to ast paragraph to change "feature" to aragraph to change "there" to "their". Commissioner t when ownership is transferred from a developer approve the minutes of the August 23, 2004 meeting missioner Duffy seconded the motion. The motion was a Aye: Byerly, Edward Nay: None y the following vote: olan, Dudziak, Duffy, Kelly CITIZEN COMMENTS None Planning & Zoning Commission Minutes - September 27, 2004 Page 1 0(8 AGENDA ITEMS 1. Case P-04-035 - Final Plat of Tuscany, 9.56 acres located at 5850 Colleyville Boulevard Clayton Husband presented the case to the Commission briefing. The owner's surveyor and engineer have ad Review Committee comments. This preliminary plat a City Council. d reviewed the staff d all Development uires approval by the Commissioner Duffy asked about the commerci wished for this lot to be separated from commercial lot is already zoned, the dev platting process and make that lot part existed on the ground as a vacant trac simply drawn in on this plat. The de consistent with the preliminary plat. Commissioner Edwards want Husband responded with CC case, rather a platting issue. T approval of lots only. Jackey Fluitt wit that the drai detention p Barry LeBa is for platting p M by e lots plotted and ron stated the the lot in the y actually D,was t and is merciallot is zoned. Clayton d that this is not a zoning . the spring; this is simply B Worth, TX - Commented sh with the ground and will flow into h TXDOT for the drive access. will all be consistent with PUD and this The , By Duffy n suggested taking a revote. Commissioner Byerly stated irements and Commission is required by law to accept. ds suggested putting a notation in the site data paragraph oned for commercial. Barry LeBaron stated a notation could probably be p ed in the site data. Motion made by Commissioner Byerly to approve the final plat of Tuscany Case P- 04-035. The motion was seconded by Commissioner Kelly. Aye: Kelly, Duffy, Edwards, Dudziak, Dolan, Byerly Nay: none Planning & Zoning Commission Minutes - September 27, 2004 Page 2 of 8 2. Case Z-04-031 - PUBLIC HEARING - Zoning change from AG and CC1 to PUD-C on 1.28 acres located at 6405 Colleyville Boulevard Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Duffy asked about the entrance to this fa . requirements of TXDOT? Clayton Husband responded t to approve any entrances. , would it meet the OT would still have Commissioner Duffy then questioned about the front of the facility where the customer parking responded that a phrase could be placed in Commission that no rental trucks could b eing parked in the Clayton Husband e desire of the s. Chairman Byerly opened the public hea Jackey Fluitt with GSWW 395 represent Additional Self StOIi as well. resent to answer any oulevard, stated the address to the Isea. stated is this area industrial or retail? His other ress and that the notices were not mailed out early enough his property. er of Kathleen's Art Cafe Addition at Sanders Lane and d. He also stated that notices were not received early enough to have an 0 on and that when he bought his property over 10 years ago his original plans were to put a restaurant there and he will not be able to if this is industrial. There being no one wishing to speak, the public hearing was closed. Commissioner Duffy asked if the notices were actually mailed out on September 16th, and Clayton Husband responded that they were mailed out on September 16th, Planning & Zoning Commission Minutes - September 27, 2004 Page 3 of 8 and the timing of delivery is out of the City's control and up to the post office. In conjunction with the mailing a notice was in the paper as well. Commissioner Duffy added that a change in local areas for zoning requires notification to the citizens and feels that the citizens have not been given due process. Commissioner Byerly responded that the Commission and CiW Council still have to review this case. Barry LeBaron responded in order to preserve retail b frontage on Highway 26, that this facility in really n retail. That is why he recommended approval of t ause of the 30 feet of f a use to put behind Commission. Commissioner Edwards added that becaus leave enough frontage for retail. Howe addressed when going through the pia nvolved. Clayton Husband o be permitted by TXDOT. issues and Clayton Husband d the specifics. vin ny right-of-way on the er will provide right-of-way will be on the site plan for ut which lots were theirs. hearing had been closed. lace, Grapevine stated land owners needed more time Mr. Griffin stated the industrial facilities need to be retail areas. asked about the easement for an interior access from LeBaron replied that the north and south properties already T may require some changes. Commissioner udziak stated office space is the general use and this facility will break up the use of continuous types of developments. He does not see long term benefit. Commissioner Kelly stated it takes away some of the flexibility the city will have down the road. Planning & Zoning Commission Minutes - September 27, 2004 Page 4 of 8 Commissioner Edwards added that nobody will be cut off as long as cross access easements are available, Commissioner Dudziak would like to see a larger project that would be more economically successful, and that a PUD zoning breaks up the area. Commissioner Byerly stated the developer needs to get wi agreement can be met. more information is presented. The Commissioner Duffy made a motion to table th' available where other property owners can kn motion was seconded by Commissioner Dudz' Aye: Kelly, Dudziak, Duffy, Dolan, Byerl Nay: Edwards 3. Case Z-04-032 - PUBLIC HE acres located at 908 W LD L Clayton Husband presented t 'on and reviewed the staff briefing. Commissioner Du e PUD provisions for open space. Less th usable a and 68% is pond area. He questioned r a road, gated or not. Clayton Husband responded Commissioner Duffy asked if all will be provided at Com Commissioner Duffy about the open s dwards sta e PUD has some flexibility, but not with space and she is not willing to approve items that are blic hearing. R est Ridge Drive, Suite 102, Bedford, representing the app rty is adjacent to Emerald Park offering the same type of produc, er end, gated separately from Emerald Park, with the same product s. The developers are the ones who recommended and suggested t nection with Emerald Park with Lot 22. There will be no single story homes a d the development will have sidewalks going around and tied to Emerald Park. Iron fencing will be constructed on the back yard, trees, landscaping, public walkway, benches and items for people to be able to walk all the way around and connect into Emerald Park. As stated in the ordinance, the open space can be used as open space, retention or detention ponds and no requirements with how much or how little space is required. Residents have views with fountains from their back yards. Mostly "empty nesters" will be the primary homeowners. Planning & Zoning Commission Minutes - September 27, 2004 Page 5 of 8 Commissioner Byerly asked how the gate is going to work. Mr. Ekern presented diagrams. He also stated these home owners want this to be an upscale subdivision and they want to keep traffic minimal. The same home builder as Emerald Park and is looking to sell in conjunction with Emerald Park. Commissioner Byerly asked about lots 23 and 21 to see if belong to Emerald Park. Commissioner Duffy questioned if Lot 22 is the fire ease City. Mr. Ekern responded jthat the developer will r Commissioner Duffy also asked if the five foot wal Clayton Husband responded that is correct. nd is it in writing to when this is platted. e public right-of-way. Commissioner Dudziak asked for c1arificatio stated the developer is required to keep w Mr. Ekern Commissioner Dudziak stated this pia the PUD. ent of Jeff Zimmerman, Remingto homeowners are not just emp These homeowners have kids pasture area. Fountains are goi ion Way - He stated the' being stated by developers. going to do with my open is too high. tated ove through Emerald Park them and 3 sold signs. This product isn't is higher than his property. Remington which have somewhat been solved. water will flow to the other end, and to horses and do not intend to move. The 'n a wall to p teet his property for potential buyers not se consider how these houses are going to be designed. g Ct. owns land east of the proposed development, al exe pt land. We like horses and grow coastal hay to sell for purposes and have handicap adults and children who get lesso ral related business has benefited the high school students to com eer. Ms. Stadjuhar has multiple concerns about new developm age, and density. The developers need to consider the screening wa ea so that cars can not run in to my property and tear down the fence and let horses out. Public hearing closed. Commissioner Byerly stated that Emerald Park was the buffer and there are density issues. This is not the right trend to go down L.D. Lockett. Planning & Zoning Commission Minutes - September 27, 2004 Page 6 of 8 Commissioner Kelly concurred with Chairman Byerly. Not wise to use a straight piece of land and put too many houses into the area. It will affect the ambiance of Colleyville and does not see this as a good fit. Commissioner Dudziak concurred with both. Residents want to hold on to the original area Colleyville used to be. None John Butler, 908 LD Lockett Road, applicant. He st Emerald Park and has same density. Emerald Park great addition to Colleyville with great quality. I Colleyville. The master plan calls for commerc' a a not be conducive to this area. This is the hi t and best Colleyville. is will blend in with proved. This will be a natural extension of road which would r this area and Commissioner Byerly stated this are commercial and office. Clayton Husba shows where this type of development will shows ter plan Commissioner Edwards stat but this area in general is muc as a buffer. development of the property, er, Emerald Park was used Commissioner D the identity of envisioned communi The motion was COMMISSION Commissioner Kelly stated a meaningful viable open space needs to be nailed down in the master plan. The Commission needs to pass to the city council the dilemmas the Commission has regarding open space. Commissioner Dolan also addressed the open space issue. Also, traffic issues exist on L.D. Lockett. Planning & Zoning Commission Minutes - September 27, 2004 Page 7 of 8 Commissioner Duffy suggested that the Commission have the opportunity to be able to address minutes before going to council with them. Commissioner Byerly concurs with Commissioner Kelly about open space, usable open space, some percentage needs to be agreed upon. With a PUD, Commission has a little leeway with sidewalks, ponds, benches etc. to be able to make open space be user friendly. Commissioner Dudziak asked how to make th ange in the Land Development Code. Barry LeBaron responded it would tak change and maybe some standards for detention. PUD intended to give the ion some flexibility. If you make PUD strict, then defeats the purpose of some ibility. Commissioner Duffy concurs with Barry LeBaron and also stated abo to density etc. and what happens is that the Commission can incre upon the open space allocations. Commissioner Dudziak w liable to the open space. Commissioner Kelly commented on the ci Duffy wanted to personally thank Commissione for the.city. Commissioner Byerly curred with thanks. Co issioner service on the commission ioner Duffy. ADJOURNMENT Planning & Zoning Commission Minutes - September 27, 2004 Page 8 of 8 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: October 11, 2004 Election of Officers BACKGROUND INFORMATION At the September 28, 2004, meeting, the City Council made appointments to the Planning and Zoning Commission for Places 1 through 4. 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. It is customary to appoint a staff member as Recording Secretary as this position is the primary record keeper of all Commission activities. The current officers are: · Chairman · Vice-Chairman · Recording Secretary Jeff Byerly Luann Edwards Clayton Husband Prepared by: fO~ Election of Officers .0 TexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: October 11 , 2004 Z-04-033 - PUBLIC HEARING - Amendment to the PUD-R conditions for Heritage Glen Addition, located in the 3200 block of Glade Road STAFF REVIEW COMMENTS Glade Road Estates LP is the developer of this 10-acre property located on the north side of Glade Road, west of Roberts Road. A zoning change to PUD-R was approved by the City Council on April 3, 2001, The subdivision contains 18 single family lots. The developer has submitted an application to amend one of the special conditions contained in the ordinance, The approved ordinance contains a requirement for a landscape buffer and metal ornamental fence adjace'nt to the east property line of the development. The ordinance does not allow the construction of any other type of fence, such as a wood fence, within 15 feet of the rear lot line. This requirement is contained in Section 7 -e of the approved ordinance, and a copy is attached. The proposed amendment to the ordinance would allow the construction of a solid fence inside the metal fence along the rear property line of Lots 12 and 13. These two lots are adjacent to the parking lot of a church, which is located on the property immediately east of the subdivision. The solid fence would provide screening and privacy for the back yard from the parking lot. The developer has indicated that potential lot buyers have expressed concern about the visibility of the parking lot and the lack of privacy for the rear yard. Staff mailed notices to 26 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. Two letters of support have been received regarding this request, and copies are attached. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: October 11, 2004 City Council: November 3 and November 16,2004 Agenda Item No.1 - Page 1 RECOMMENDATION Approval ATTACHMENTS · Location Map · Letter from Developer · Ordinance 0-01-1273 · List of Property Owners Notified · Correspondence · Draft Ordinance Prepared by: C~~4 Development Coordinator Agenda Item No.1 - Page 2 ~. t.-----.~. 0'. .~'-7-' . ", ..____,,(j>-...- 0 '\ ./ '..../ n - - -HGt:t:BWBR9f*-C'-l- ~ \ IV ~ """--\0 \ ..... \ 'I / ~ \ UI . _~~""'__L__l..-: /_..~..l_ o 1----.\-U~f~-~I--.--.1-~ Jr- , \ I ! I , \0> .UI)~ 'Vllt-J' \ . . \ \ CD ..... 0> c.n ~ VI I 21 LN , , , 1-------- I I co i--- I ..... i 0 i I r ~ I i----.-. ! ES'I fTl ::0, 0, t-J ' t-J .....1 0 ~_._- ! t-J ~ I CD / 1 i ~I i ~~-~ ~ t C) ;! -l ' ~HUNTING TON ~ --:..J VI t-J b~ ~. ..1 ~I BUGL[o:lLN 0 ~ co ~ ~ ~ ~e. .... 0> u; I N I 1---- ! 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I ~ . \ \ VI o ()) Co ..... 0> 0> :"-1 ~::o ~ ..... ::0 ..... ()) >> (") !'>-I t? ~ MADY DEVELOPMENT CORPORATION 545 E. John Carpenter Freeway Suite 1500 Irving, Texas 75062 Telephone: (214)630-0481 Telecopier: (214)630-9560 September 8, 2004 Mr. Clayton Husband City of Colleyville Development Coordinator 100 Main Street Colleyville, Texas 76034 RE: Ordinance 0-01-1273 Revision Request Dear Clayton: Mady Development is requesting a revision to Ordinance 01-01-1273, Paragraph 7-e which states: "No wooden fencing shall be constructed between the metal ornamental fence and the rOw of Leyland Cypress trees. If any type of additional fencing is constructed in the rear yard of any lot, other than the fencing on the side property line and the metal ornamental fencing on the rear property line, then said fencing shall be no closer than 15 feet of the rear property line of any lot. This paragraph shall not apply to the northern property lines only oflots 10, 11, and 12. In no way shall any fencing constructed in any rear yards harm or inhibit the growth and health of the Leyland Cypress trees planted along any rear property line." Weare requesting this revision of the 3rd sentence to include: "This paragraph shall not apply to the northern property lines only of lots 10, 11, and 12 and the easterly rear property lines oflots 12 and B." This request is based on the fact that the rear of lots 12 and 13 are adjacent to the church parking lot. Weare receiving feed back from potential homebuyers in this community that they do not appreciate the lovely view of a couple of acres of concrete out their back windows. Any wood fencing that might be placed at the rear of these lots to block the view of the parking lot would be difficult to be seen from Glade Road and not take away from the look of the community. With this in mind, we request the ordinance to be revised to allow a wood fence adjacent to the metal ornamental fence that would shield our homeowners from the parking lot. Should you have any questions or comments, please contact me at (214) 630-0481 ext. 136. Thank you. Yours truly, MADY DEVELOPMENT CORPORATION ~~5J Bruce C, Scasta Development Manager enclosures ORDINANCE 0-01-1273 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 10.0 ACRE TRACT OF LAND LOCATED IN THE MINTER SURVEY, ABSTRACT 1034, AND PART OF LOT 1 R, METROPLEX COVENANT CHURCH ADDITION, IN THE CITY OF COLLEYVILLE FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENAL TV FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning district change was filed by Mady Development, Ltd. on January 29, 2001, under Case Number 2-01- 005; 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 attached Exhibit A - Zoning Map. and described by metes and bounds on the attached Exhibit B. - Metes and Bounds Description, by changing the zoning of said property from the AG - Agricultural district to the PUD-R Single Family Residential district, and including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 1.8 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-01-1273 Page 2 of 4 2. CONCEPTUAL PLAN AND PLATTING a. Prior to the issuance of any development permits within this PUD-R 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. b. The subdivision 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 topographic, drainage or other conditions. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the preliminary plat, which is attached as Exhibit C, shall control where such . building line setback is different from the following requirements. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line 16,000 square feet 19,900 square feet 100 feet 120 feet 40 feet 1 0 feet 25 feet 5. OPEN SPACE a. This development shall provide a minimum of 4% common open space as shown on Exhibit D, which shall be 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. All open space areas shall be landscaped. b. Open space may be utilized for storm water detention. c. There shall be a six-foot masonry screening wall along the front of the development facing Glade Road as shown on the attached Exhibit D - Fencing and Open Space Areas. Ordinance 0-01-1273 Page 3 of 4 6. SIDEWALKS AND TRAILS a. Sidewalks shall be constructed along all interior streets in accordance with the Land Development Code. b. The developer shall construct a ten-foot (10) wide hike and bike trail along the north side of Glade Road adjacent to this property. 7. OTHER a. Entry features and screening walls similar to those depicted in Exhibits E, F and G may be located within the open space lots. The entry features and screening walls shall be exempt from the building line requirements provided the entry features and screening walls are located on the open space lots and comply with applicable vehicular visibility triangles required by the Colleyville Land Development Code. b. Each main residence within the development shall have a fire sprinkler system conforming to the City of Colleyville's current ordinances regarding fire protection system applicable to single - family residential dwellings. c. There shall be a metal ornamental fence along the rear property lines of each residential lot as a condition of acceptance of this proposed development, except for Lots 5,6 & 7, which shall have an eight-foot wooden fence with the smooth side facing to the west. The metal ornamental fence shall consist of 4-inch posts, spaced no greater than 8 feet on centers, with horizontal rails a minimum of 1 % inches and vertical bars a minimum of * inches spaced every 6 inches. Said fence shall be 6 feet in height along the western and eastern boundaries and up to 10 feet in height along the northern boundaries of lots 10, 11 and 12. Said metal fence shall be similar to that shown on Exhibit H. d. Leyland Cypress trees shall be planted adjacent to and parallel with the above described metal fencing along the rear property lines of Lots 2 through 10, except where there is a forestation of existing trees, and adjacent to a parallel with the rear property line of Lots 15 through 19. Said Leyland Cypress trees shall be irrigated. Said Leyland Cypress trees shall be a minimum of 7 feet 9 inches in height at time of planting and spaced at 10 feat on center and be planted within 10 feet of the above described rear property lines. No Certificate of Occupancy shall be issued for any primary residential structure until said Leyland Cypress trees are planted as required herein. e. No wooden fencing shall be constructed between the metal ornamental fence and the row of Leyland Cypress trees. If any type of additional fencing is constructed in the rear yard of any lot, other than the fencing on the side property line and the metal Ordinance 0-01-1273 Page 4 of 4 ornamental fencing on the rear property line, then said fencing shall be no closer than 15 feet of the rear property line of any lot. This paragraph shall not apply to the northern property lines only of lots 10, 11, and 12. In no way shall any fencing constructed in any rear yards harm or inhibit the growth and health of the Leyland Cypress trees planted along any rear property line. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of COlleyville 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. Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~() it day of ~t'1' 2001. The second reading and public hearing being conducted on the d..t..!t day of ~-L12001. ATTEST: M-~ · 8ynlhia Singleton, TRMC City Secretary CITY OF COLLEYVILLE: DoWf4 Mayor ~E AS TO FORM AND LEGALITY: 1::h: oster _ City Attorney Exhibit D- Fencing and Open Space Areas r 6' · 10' Metal Fence Z-04-033 ;ober, Greg A etux Gyna ~406 Huntington Dr ;olleyville TX 76034 ;antrell, Karen ,400 Glade Rd ;olleyville TX 76034 tall, Chris etux Rebecca Etal .916 Prestwick Dr ;olleyville TX 76034 'aulkner, Dennis S & Dewanna 905 Eversham Ct :olleyville TX 76034 :eva, Judith & Rowan Campbell 904 Queensbury Way E :olleyville TX 76034 lelson, Keith M etux Terry 8 004 Aubumdale Ave :olleyville TX 76034 'avis, Paul Jr etux Demmie 104 Aubumdale Ave olleyville TX 76034 arham, Van E Jr etux Renae B 313 Aubumdale Ave olleyville TX 76034 Metroplex Covenant Church 3508 Glade Rd Colleyville TX 76034 Moriarty, Kenneth etux Mary 5201 Bugle Ln Colleyville TX 76034 Kendzior, Russell & Elisabeth 1725 Weeping Willow Way Southlake TX 76092 Peters, John F etux Phyllis M 3404 Huntington Dr Colleyville TX 76034 Grantham, Margaret F 3408 Glade Rd Colleyville TX 76034 Glade Family Ltd 3400 Glade Rd Colleyville TX 76034 Pinto, Ezequiel etux Diane M E & D M Pinto Joint Rev Trust 5005 Aubumdale Ave Colleyville TX 76034 Ward, Thomas M etux Jennifer L 4906 Queensbury Way E Colleyville TX 76034 Arendt, Steven etux Carolyn J 4906 Eversham Ct Colleyville TX 76034 Groom, William etux Hollis 4904 Eversham Ct Colleyville TX 76034 Argenbright, Harvey S etux E A 4905 Queensbury Way E Colleyville TX 76034 Stovall, Scott L etux Christi 3905 Bowden Hill Ln E Colleyville TX 76034 Panorama Properties Inc Serge Goldberg, Pres 430 N Carroll Ave Ste 110 Southlake TX 76092 Martin, Thomas P 5012 Aubumdale Ave Colleyville TX 76034 Panorama Properties Inc 520 N Carroll Ave Ste 120 Southlake TX 76092 Graber, Joseph etux Jeanne 5101 Aubumdale Ave Colleyville TX 76034 Pinto, Ezequiel etux Diane M Pinto Joined Revoc Trust 5005 Aubumdale Ave Colleyville TX 76034 Glade Road Estates LP, applicant 545 E John Carpenter Fwy #1500 Irving TX 75062 >tices dated September 28, 2004. :cording 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 led 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 >vernment Code and the Colleyville Land Development Code. ayton Husband AICP ~~,~_~~__~ A~.~~ ~?o...IL- "'"'"'-'-J''-''''I I"-"'L--JI V..&.fV..&. ^ l)ivNon or l'(1Il()I'ilnll Pr(llttlk".'. ~'. October 6, 2004 Mr. Clayton Husband City of ColleyviUe Development Coordinator 100 Main Street ' CoUeyville, Texas 76034 Dear Mr, ~usband, Our company owns se'\Teral home sites in Heritage Glen. We are in support of ;~ad.y Development's request to change the wrought iron fencing to wood privacy fencing It the rear of lots 12 & 13. This- appears to b~ a very reasonable requ~st considering tb~ fact that ~o~ people would not want a view of a parking lot :from _ their back patio. Thank you for your consideration in this matter. Please forWard our support 0:: this request to revise the zoning ordinance to the Planning and Zoning Commission and City Council. Sincerely, ffdt7 ~ Will Bdgingtol!-, President / I 4;}O N. (mol 1't.K:., Suite DO . SOu"lId\(_ TX 7ftlJ2 (~7) 4M-9000 . ftlx (&7) 4M-oo.9 · www.rooc:ncrClIstocnhomt....com l~/~~/~~~q ~b:lq ~llq~~tl~J.~ ~ lAb I UI'I t1U"t::O t"'1-lUI:. t:JJ./ OJ. October 6, 2004 Mr. Clayton I-Iusb8J)d City of Colleyvi lie Development COQrdinator 100 Main Street Colleyville. Texas 76034 Dear Mr. Husband, We are new residents in the Heritage Glen subdivision off of Glade Road. We a -e in support of MOOy Development's request'to change the wrought iron fencing to ~/ood privacy fencing at the rear of lots ]2 & 13. This appears to be a very reasonable re'luest considering the tact that most people would not want a view of a park.ing lot from their back patio. Thank you for your con.sideration in this matter. Please forward our support of this request to revise the zoning ordinance to the Planning and Zoning Commission and City Council. Jo .leanneGraber 5101 Aubumdale Ave. Col1eyvHle, TX 76034 ORDINANCE 0-04-xxxx AN ORDINANCE AMENDING ORDINANCE 0-01-1273, BY REPLACING SECTION 1, PARAGRAPH 7.e, WITH A PROVISION TO ALLOW A SOLID FENCE TO BE CONSTRUCTED ADJACENT TO THE REAR PROPERTY LINE; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved Ordinance 0-01-1273 on April 3, 2001, to establish the zoning for 10.0 acres of property located in the 3200 block of Glade Road; and WHEREAS, the developer has requested an amendment to Ordinance 0-01- 1273 to modify language regarding the regulations contained in Section 1, paragraph 7.e, under Case Z-04-033; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and 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 ordinance amendment is in the best interest of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 1, Paragraph 7.e, of Ordinance 0-01-1273 is hereby amended in its entirety to read as follows: Section 1, Paragraph 7.e. - No wooden fencing shall be constructed between the metal ornamental fence and the row of Leyland Cypress trees. If any type of additional fencing is constructed in the rear yard of any lot, other than the fencing on the side property line and the metal ornamental fencing on the rear property line, then said fencing shall be no closer than 15 feet of the rear property line of any lot. This paragraph shall not apply to the northern property lines only of lots 10, 11, and 12, and the easterly rear property lines of Lots 12 and 13. In no way shall any fencing constructed in any rear yards harm or inhibit the growth and health of the Leyland Cypress trees planted along any rear property line. Ordinance 0-04-xxxx Page 2 of 2 Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT Ordinance 0-01-1273, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ l"exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: October 11, 2004 Z-04-034 - PUBLIC HEARING - Amendment to the PUD-R conditions for Tiffany Park Addition, located at 4300 Brown Trail STAFF REVIEW COMMENTS Larry Cole is the developer of this 7.16 acre property located on the west side of Brown Trail. A zoning change to PUD-R was approved by the City Council on October 21, 2003, and an amendment for second-story houses was approved on September 7, 2004. The subdivision contains 25 single family lots, and the public improvements to the subdivision have been completed. The developer and a future home builder in the subdivision, Gary Panno, have submitted an application to amend the front, side and rear building line requirements contained in the ordinance. The approved PUD-R regulations for Tiffany Park contain specific requirements for building lines on the lots. The building lines are contained in Exhibit "C" of Ordinance 0'-03~1424. The proposed amendment would modify the building lines in this exhibit as shown below: FRONT BUILDING LINE Lots 1 through 8, Block 1 15 2{) feet Lots 9 through 11, Block 1 1530 feet Lots 12 through 21, Block 1 152Q feet Lots 1 through 4, Block 2 15 2{) feet SIDE BUILDING LINE Lots 1 through 16, Block 1 56 feet Lot 17, Block 1, interior side 5 feet Lot 17. Block 1. street side 104i feet Lots 18 through 21, Block 1 5 6 feet Lot 1, Block 2, Brown Trail side 5 aG feet Lot 3, Block 2 104i feet Lots 2 and 4, Block 2 ~ 6 feet REAR BUILDING LINE Lots 1 through 9 10, Block 1 20 feet Lots 4Q 11 through 21, Block 1 10 49 feet Lots 1 through 3, Block 2 10~ feet Agenda Item No.2 - Page 1 In general, all of the front building lines are proposed to change to 15 feet. The side building lines for interior lots are proposed to change from 6 feet to 5 feet. The side building lines adjacent to a street on a corner lot are proposed to change from 15 feet to 10 feet. The rear building _lines are proposed to change from 15 feet to 10 feet, with the exception of those lots that abut the Bridlewood subdivision. The rear building line for these lots would remain at 20 feet, as originally adopted. Staff mailed notices to 35 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: October 11, 2004 City Council: November 3 and November 16, 2004 RECOMMENDATION Approval ATTACHMENTS · location Map · Revised Exhibit "en · List of Property Owners Notified · Draft Ordinance Prepared by: c~ Development Coordinator Agenda Item No.2 - Page 2 Location Map / CC-2 ___ _ ~, r- ~ ~ I '- ~ ---rr- C-1 ~~C::- = .iT[" Ia' ---1 r If/\.} ....,-- T ) ----! - { =r q, ~ y j...~ ~ T \ '1 ... .1, f:::" nD ~ Ill" ,-I y 1 T ~ ""'- ~ VL=~2 ~(;) :s: al: ~ ~'V ...OW."'" ~ Contllt01lS f; ~ irsf w~st I ~lo o~sm bly , ~l ~ [ t. , t ~ / .-.-... of 0 ~ 1 .2J ~ ~ r:r:_"I God -...1 ~ II ~ i"\ -I -R-20 - !2 - ';: >J~g... ! , ) - ~, - I r -~~ ~ ~\ z ~ ......--1" ~~~ ( /J " RfAfl~ =p --~ -\ ( I Dln~1 C I I ~.rd\ j/~c-I I '\ I l-r CC-1 C'vill :; \ .... ... >--- - ~ f~ql.l-R - p . .. 0-02-1340 r Hr Revised Exhibit "e" Exhibit Data Summary GROSS AREA - Total Exhibit 311,690 S.F. GROSS ACREAGE - Total Exhibit 7.160AC. GROSS AREA PAVED SURFACES 41,101 S.F. PERCENTAGE PAVED SURFACES 13% GROSS AREA OPEN SPACE 60,784 S.F. PERCENTAGE OPEN SPACE Number of Dwellings Per Unit 1 Number of Single Family Dwellings 25 Dwelling Units Per Acre 3.5 FRONT BUILDING LINE Lots 1 through 8, Block 1 15 ~ feet Lots 9 through 11, Block 1 15 ao feet Lots 12 through 21, Block 1 15 ~ feet Lots 1 through 4, Block 2 15 ~ feet SIDE BUILDING LINE Lots 1 through 16, Block 1 ~ 6 feet Lot 17, Block 1, interior side 5 feet Lot 17. Block 1. street side 1 0 ~feet Lots 18 through 21, Block 1 ~ 6 feet Lot 1, Block 2, Brown Trail side 5 ao feet Lot 3, Block 2 10~feet Lots 2 and 4, Block 2 ~ 6 feet REAR BUILDING LINE Lots 1 through 9 10, Block 1 20 feet Lots =W 11 through 21, Block 1 10~feet Lots 1 through 3, Block 2 10~ feet Z-04-034 Gary Panno, applicant 5500 Maple Lane Colleyville TX 76034 Medical Office Bldgs TX LP Attn: Tom Klaritch 3100 W End Ave Ste 800 Nashville TN 37203 Migneault, William & Hanna Tr 3625 Sierra Rd San Jose CA 95132 Foster, Jon K etux Diane N 4308 Green Meadow St W Colleyville TX 76034 First Assembly of God, Colleyville 4309 Colleyville Boulevard Colleyville TX 76034 White, Jeanne etvir William E 4306 Green Meadow St W Colleyville TX 76034 Schweitzer, Jon W 4216 Green Meadow St W Colleyville TX 76034 Rivers, William etux Alynne 4214 Green Meadow St W Colleyville TX 76034 fhomas, Barry etux Elaine 4212 Green Meadow St W ~olleyville TX 76034 Fox, Julia A 4210 Green Meadow St W Colleyville TX 76034 Ridenhour, Wayne E etux Donna & Opal Jane Soviak A Feme Sole 600 Bridlewood N Colleyville TX 76034 Nhite, Jay etux Elaine 512 Bridlewood N ~olleyville TX 76034 Hoang, Chinh etux Minhduyen 508 Bridlewood N Colleyville TX 76034 Crenshaw, Mark S etux Melinda 504 Bridlewood N Colleyville TX 76034 -Ienary, Atef H etux Miranda S 500 Bridlewood N :;olleyville TX 76034 Kandimalla, Ram etux Padmavath 416 Bridlewood N Colleyville TX 76034 Harris, Brian P etux Amy L 412 Bridlewood N Colleyville TX 76034 =ryar, Joel E etux Tamara W W8 Bridlewood N :;olleyville TX 76034 Ellis, James Jr etux Eva F 404 Bridlewood N Colleyville TX 76034 Sprang, Chris I etux Melinda L 400 Bridlewood N Colleyville TX 76034 3lasingame, Gaylen G ~ 12 Bridlewood N ~olleyville TX 76034 Sutton, Sandra 308 Bridlewood N Colleyville TX 76034 Phelps, Michael etux Karen 304 Bridlewood N Colleyville TX 76034 Jlontes, Louis etux Teresa i05 Bridlewood N ~olleyville TX 76034 Damron, Kenneth B etux Melanie 4115 Coachman Ln Colleyville TX 76034 Allen, Barry B etux Rebecca 4114 Coachman Ln Colleyville TX 76034 lotices dated September 28, 2004. .ccording 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 sted 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 iovernment Code and the Colleyville Land Development Code. :Iayton Husband AICP -lass, Robert etux Shelli ~ 115 Paddington Ln ~olleyville TX 76034 Merkle, Charles etux Marileone 4114 Paddington Ln Colleyville TX 76034 Chan, Lai-Ming etux P Santosa 4115 Wellington Dr Colleyville TX 76034 >ummers, Robert E etux Lisa G ~ 114 Wellington Dr ~olleyville TX 76034 Shelton, Aughty III etux Morna 603 Bridlewood N Colleyville TX 76034 Bridlewood Estates HOA Ernie Frausto, President PO Box 1142 Colleyville TX 76034 >addlebrook HOA )teve Ewing, President '00 Green Meadow N ;olleyville TX 76034 Saddlebrook HOA Karen Wardlaw, Board Secretary 4202 Briar Ridge Colleyville TX 76034 Larry Cole Tiffany 7 Acres Ltd 6420 Remington Parkway Colleyville TX 76034 . ~se Z-04-027. Notices dated July 16, 2004. ::cording 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 ted 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 Jvernment Code and the Colleyville Land Development Code. ayton Husband AICP ORDINANCE 0-04-xxxx AN ORDINANCE AMENDING ORDINANCE 0-03-1424, BY REPLACING EXHIBIT "C" TO MODIFY THE FRONT, SIDE AND REAR BUILDING LINES; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved Ordinance 0-03-1424 on October 21, 2003, to establish the zoning for 7.16 acres of property located on Brown Trail between Colleyville Boulevard and Bridlewood Drive; and WHEREAS, the developer has requested an amendment to Ordinance 0-03- 1424 to modify the front, side and rear building lines, under Case Z- 04-034; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas local Government Code and 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 ordinance amendment is in the best interest of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Exhibit "C", of Ordinance 0-03-1424 is hereby amended in its entirety to read as follows: Exhibit Data Summary GROSS AREA - Total Exhibit 311,690 S.F. GROSS ACREAGE - Total Exhibit 7.160AC. GROSS AREA PAVED SURFACES 41,101 S.F. PERCENTAGE PAVED SURFACES 13% GROSS AREA OPEN SPACE 60,784 S.F. PERCENT AGE OPEN SPACE Number of Dwellings Per Unit 1 Number of Single Family Dwellings 25 Dwelling Units Per Acre 3.5 Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-xxxx Page 2 of 3 FRONT BUILDING LINE Lots 1 through 8, Block 1 15 feet Lots 9 through 11, Block 1 15 feet Lots 12 through 21, Block 1 15 feet Lots 1 through 4, Block 2 15 feet SIDE BUILDING LINE Lots 1 through 16, Block 1 5 feet Lot 17, Block 1, interior side 5 feet Lot 17, Block 1, street side 10 feet Lots 18 through 21, Block 1 5 feet Lot 1, Block 2, Brown Trail side 5 feet Lot 3, Block 2 1 0 feet Lots 2 and 4, Block 2 5 feet REAR BUILDING LINE Lots 1 through 10, Block 1 20 feet Lots 11 through 21, Block 1 10 feet Lots 1 through 3, Block 2 1 0 feet 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 Ordinance 0-03-1424, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. Ordinance 0-04-xxxx Page 3 of 3 The first reading and public hearing being conducted on the 2004. The second reading and public hearing being conducted on the 2004. ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY OF COLLEYVILLE Joe Hocutt Mayor day of day of .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: October 11, 2004 Z-04-035 - PUBLIC HEARING - Zoning change from AG and R40 to PUD-R on 10.2 acres located at 909-1009 Lavaca Trail STAFF REVIEW COMMENTS Royal Building Corporation and Comis Development are the potential developers of a 10.2-acre parcel of property located on the south side of Lavaca Trail, just east of Precinct Line Road. The applicant has submitted a request to change the zoning on the property from AG Agricultural and R40 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 developer proposes to construct 29 single family lots, with a minimum lot size of 7,672 square feet, and an average size of 11,499 square feet. The density of the proposed development is 2.84 dwelling units per acre. There is one primary street entrance proposed on Lavaca Trail. The entrance is split between two driving lanes separated by medians. The property is currently used for single family residential purposes. The surrounding property is single family residential in nature. All the surrounding property is zoned R40, with the exception of the Emerald Park subdivision, located south-southeast of the site. Emerald Park is zoned PUD-R and is developing as single family residences. The property at both corners of Lavaca Trail and Precinct Line Road are zoned for commercial development. The Land Development Code provides that the PUD-R district is "designed to encourage the most appropriate uses of land, permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features." The PUD-R district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. A draft copy of the rezoning ordinance for this property is attached, which is based on the applicant's proposal. The following is an analysis of the major issues associated with this rezoning request. Agenda Item No.3 - Page 1 Master Plan. The current Colleyville Master Plan (1998) designates the future use of this area for office and commercial land uses. This request is not consistent with the overall goals and objectives of the Master Plan. The proposed master plan (2004) suggests that transitional single family development should be located in the Precinct Line Road corridor area, primarily to buffer larger single family development to the east from the commercial development adjacent to Precinct Line Road. The suggested maximum density of these transitional single family developments is 3.5 dwelling units per acre; the proposed development has a density of 2.84 dwelling units per acre. Residential Density. The Master Plan (1998) suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher-density projects should be located near a major street intersection or on smaller parcels that make less dense development economically difficult. The density of the proposed project is 2.84 dwelling units per acre. The density of Emerald Park is 3.5 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. The minimum lot size in the proposed development is 7,672 square feet, with an average lot size of 11,499 square feet. The proposed lot sizes, widths and depths are not consistent with PUD-R regulations. The developer is requesting that the lots be approved as shown on the zoning exhibit. Number of Subdivision Entrances. The Land Development Code requires that subdivisions with more than 12 lots must be served by two subdivision entrances. Several design options are provided in the Code. The proposed street entrances do not meet the requirement for two separate entrances into the subdivision. The entrances are 60 feet apart; the Land Development Code requires a minimum 100-foot separation to qualify as two separate entrances. As shown, the Land Development Code will require that all houses within the subdivision contain an automatic fire sprinkler system. Master Thoroughfare Plan. Lavaca Trail is classified as a Major Collector street adjacent to this development. The Master Thoroughfare Plan identifies Lavaca Trail as a 4-lane street between Precinct Line Road and a proposed a 4-lane north-south collector street that would connect McDonwell School Road to LD Lockett Road. The proposed development is not affected by the north-south collector street. The developer would be required to dedicate additional right-of-way for Lavaca Trail on the final plat. Lavaca Trail requires an ultimate right-of-way of 75 feet. One of the recommendations included in the 2004 Master Plan update is to relocate this north-south thoroughfare to a location on the west side of the Emerald Park subdivision, and reduce the size of the thoroughfare to a 2-lane roadway. This recommendation is under consideration by the City Council as part of the updated Master Plan. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. The proposed development contains 2.78 acres of open space, which is 27% of the development area. The open space areas are located within three medians in the street. Two of the medians are 39 feet Agenda Item No.3 - Page 2 wide, and the third median is a large circular median at the end of the cui de sac. The developer has indicated that walking trails would be constructed in the medians. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. The applicant is required to construct a 5-foot wide sidewalk adjacent to Lavaca Trail at the time the public improvements are constructed. IMPACT ISSUES 1. Master Plan. The current Colleyville Master Plan (1998) designates the future use of this area for office and commercial land uses. This request is not consistent with the overall goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as single family neighborhoods and residences on large acreage tracts. The property on Precinct Line Road is zoned for commercial development. 3. Development Trends. Over the last several years, new single family subdivisions have been constructed in this area: Clairemont, Rosewood Villas, Remington Park Phase IV, and Emerald Park. Commercially-zoned properties are located on Precinct Line Road just west of this site. The western part of Colleyville, especially in the Precinct Line Road corridor, is experiencing a significant amount of 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. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 9.91-acre parcel is valued at $511,577. The estimated City property tax revenue for the property is $1,777 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of 29 new houses could indirectly have a positive impact on sales tax revenue due to new residents shopping in Colleyville. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 29 proposed residences would add 277 vehicle trips per day to the surrounding roadways. Agenda Item No.3 - Page 3 8. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. One letter has been received regarding this request, and a copy is attached. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: October 11, 2004 City Council: November 3 and November 16, 2004 RECOMMENDATION Denial due to technical non-compliance with the Master Plan and the Colleyville Land Development Code ATTACHMENTS · Location Map · Zoning Map · Zoning Exhibit · List of Property Owners Notified · Development Review Committee memorandum · Applicant Response to DRC memorandum · Correspondence · Draft Ordinance Prepared by: ~band. Alep Development Coordinator Agenda Item No.3 - Page 4 Location Map .. ~ to: "I . .; f .. ... ~ .. '" .. '" 1 . '" "I .... .... -;;0 el ~ ... (j ! ~l ... ;;; ~ ~. ,;. ,;. . O'l ., ... ~~ ., ... >0- t u I' f "I .. Sl :.j " ... ;; !i '" p.. . .. '" II -II OJ' go .: ~ !i e- .~ '" Ii. '" U "I . . " e- ~ -;; . . ~ I t -II i:i . E ~ 0 .. i:i go >0- ! ... >0- >0- ... .. >0- j ~ ... ~ t ~ ~ j l .f ~ .~ t ~ t ~ " ~ > <l: ... '" ... ... '" j tf 4i.! H {;~ ,;;. ~l! 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'~O!-,::; i" i, I I ~:~i~ i ~~g~R. 11 '1~ ". ~~~1l..: :~eT~ ~~~~~ ~~~~ Z-04-035 Zimmerman, Jeffrey K 6403 Champion Way Colleyville TX 76034 Mcintosh, Doyle & Mary Fam LP, 8333 Thornhill Dr North Richland Hills TX 76180 ;handler, Raman L 001 Lismore Ct ;olleyville TX 76034 Stajduhar, Martin etux Lisa 101 Williamsburg Ct Colleyville TX 76034 Jones, Jerrell W 11111 Abbeywood Oklahoma City Ok 73170 mtag, Andrew K etux Janet A 01 W Lavaca Trl :olleyville TX 76034 Plain, Veri etux Ruth Ann 909 W Lavaca Trl Colleyville TX 76034 Ogle, Danny G & Ruth A 1009 W Lavaca Trl Colleyville TX 76034 ~uggere, Judy 013 W Lavaca Trl :olleyville TX 76034 Martin, Stephen L etux Nan C 813 W Lavaca Trl Colleyville TX 76034 Emerald Park Resid Dev Ltd 6420 Remington Pkwy Colleyville TX 76034 ioodman Family of Builders LP 808 W Piano Pkwy 'Iano TX 75093 Goodman Family of Builders LP C/O Alamo Title Co 4908 Colleyville Blvd Ste 306 Colleyville TX 76034 Perkins, Timothy B etux Amber 6032 Sterling Dr Colleyville TX 76034 ioodman Homes Inc 908 Colleyville Blvd Ste 306 :olleyville TX 76034 Mark Com is, applicant Com is Development Corp 7420 Comis Court North Richland Hills TX 76180 BJ Reaves, applicant Royal Building Corp 7420 Comis Court North Richland Hills TX 76180 )tices dated September 28,2004. :cording 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 ted 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 )vernment Code and the Colleyville land Development Code. ayton Husband AICP CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE October 1, 2004 817.281.4417 ~ Mark Comis 817.281.4417 FAX. TO FAX. NO BJ Reaves FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-035 AG & R40 to PUD-R - Lavaca Trail Estates 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 to address issues and concerns brought up during the public hearings. ZONING EXHIBIT/PRELIMINARY PLAT DRAWING 1. The zoning exhibit and preliminary plat drawing may be combined into a single drawing. If this is done, revise the title block to reference both the zoning exhibit and preliminary plat. 2. The title block on the preliminary plat should be revised to reference Lots 2 and 3, Block 1, Lavaca Trail Addition. 3. The size of the drawing should be increased. 4. The residential lots in the proposed development do not meet the minimum requirements of the PUD-R zoning district. The information submitted with the application is acceptable as a formal request for a modification of the minimum requirements. The following table indicates the minimum requirements of the PUD-R district: I Minimum Lot Size: 13,000 sq. ft. Front Building Line: 30 feet I i I i Average Lot Size: 16,000 sq. ft. Side Building Lines: 10 feet I [. Minimum Lot Width: 100 feet Rear Building Line: 25 feet i Minimum Lot Depth: 120 feet i 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-G35 LAVACA TRAIL ESTATES PUD-R 5. The PUD-R regulations require that 20% of the project area be dedicated as private open space in the development. Indicate on the exhibit the location and sizes of the open space areas. 6. Add lot numbers and label the size (square feet) of the medians/islands in the street. The homeowner's association will be responsible for maintenance of the medians/islands. 7. Add the zoning designation of the surrounding properties to the drawing. The designations are noted on the marked-up prints. 8. The open space areas appear to consist of medians and islands located in the street. What are the developer's plans for improvements to the open space areas, such as walking paths, structures, ponds, etc.? 9. The right-of-way for Lavaca Trail needs to be verified when the final plat is submitted. Tie down the existing right-of-way with monuments on the opposite side of the street. The required right-of-way established for this roadway by Master Thoroughfare Plan is 75 feet. The required right-of-way dedication along the frontage of the property is 37.5-feet from the centerline of the existing right-of-way. 10. Will the development be proposed as a private gated community? 11. Are any screening fences or perimeter fences being considered for this project? 12. The approval blocks for the Planning and Zoning Commission and City Council may be removed from the drawing. These documents are not signed by either board. Add the following approval block to the drawing: PRELIMINARY PLAT APPROVAL Resolution Number Date Communitv Develooment CITY OF COUEYVIlLE COMMUNnv DEVELOPMENT DEPT 13. Include the following information in a table on the drawing: Acreage of the overall property Acreage or square feet of open space Number of Lots Percentage of open space of overall property Minimum Lot Size Density (dwelling units per acre) Average Lot Size PAGE20F4 DEVELOPMENT REVIEW COMMITTEE Z-04-035 LAVACA TRAIL ESTATES PUD-R 13. Provide information on the following, if available: anticipated price range of the houses, typical elevations of proposed houses, lot coverage for the proposed houses, and any proposed improvements to the common open space areas. The Planning and Zoning Commission and City COlUlcil may request this information when considering this zoning request. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction or conditions contained in a City- Developer Agreement, if applicable. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENIlAL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Lavaca Trail is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amolUlt can be provided by the Engineering Department upon request. The response letter to these comments should indicate the developer's initial intention of construction or escrow regarding these streets. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along Lavaca Trail and all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. The sidewalks along Lavaca Trail are required to be 5-feet wide, and the developer is required to construct the Lavaca Trail sidewalk as part of the public improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City COlUlcil: Monday, October 11,2004,7:00 p.m. Wednesday, November 3 and Tuesday, November 16,2004, 7:30 p.m. PAGE30F4 DEVELOPMENT REVIEW COMMllTEE Z-04-035 LAVACA TRAIL ESTATES PUD-R RESUBMITT AL REQUIREMENTS 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 · 22 copies of the revised drawing & one 8.5"xll" reduced copy of the revised drawing The above requested items must be submitted no later than noon on Thursday, October 7,2004 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.colleyville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE40F4 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE October 5, 2004 FAX TO FAX NO BJ Reaves 817.281.4417 ~ Mark Comis 817.281.4417 FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-04-035 AG & R40 to PUD-R - Lavaca Trail Estates The following are additional comments regarding the subdivision layout. Please contact me at 817-503-1054 or husbandc@ci.collevville,tx.us if you have any questions. 1. The proposed street entrance does not appear to meet the requirement for two separate entrances into the subdivision. The entrances are 60 feet apart; the Land Development Code requires a minimum 100-foot separation to qualify as two separate entrances. As shown, the Land Development Code will require that all houses within the subdivision contain an automatic fire sprinkler system. 2. The turning radii in the median breaks should be designed to accommodate fire emergency vehicle specifications. The required outside turning radius is. 50 feet, and the inside radius is 35 feet. 3. The width of the pavement sections on the streets needs to be shown on the preliminary plat drawing. The required street width is 31 feet, as measured from back of curb. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 STEMBRIDGE & ASSOCIATES Consulting Engineers Delbert R. Stembridge, P.E., R.P.L.S. October 7, 2004 Development Review Committee City of Colleyville 100 Main Street Colleyville, Texas 76034 Attention: Clayton Husband, AICP, Development Coordinator Re: Z-04-035 AG & R40 to PUD-R - Lavaca Trail Estates Dear Sir: We received the DRC comments of October 1, 2004 and October 5, 2004 and offer the . following comments. GENERAL INFORMATION 1. No Comment ZONING EXHffiIT/PRELIMINARY PLAT 1. The title block has been revised to ZONING EXHIBIT/PRELIMINARY PLAT 2. The title block has been revised as suggested. 3. The size of the drawing has been increased. 4. We are requesting a variance on the minimwn lot width and square footage. 5. We are requesting a variance on the private open space areas. 6. Lot nwnbers will be added to the median and islands within the subdivision. 7. The zoning of surrounding properties has been added to the drawing. 8. The open space areas not used for storm water detention will be landscaped and walking paths provided. 9. Right-of-way dedication will be provided to conform to the City's Master Thoroughfare Plan. 10. The development will not be a gated community. 11. Screening fences are being considered for this project. 12. The appropriate approval block has been added to the drawing. 13. A property table has been added to the drawing. 14. Information on the price range of the homes is not available at this time. OTHER INFORMATION 1-4 Noted by the Developer. 2929-A Race Street Fort Worth, Texas 76111 Office: (682)647-0119 . Fax: (682) 647-0024 RECEIVED OCT 07 2004 Per ..........~.. STEMBRIDGE & ASSOCIATES Consulting Engineers Delbert R. Stembridge, P.E., R.P.L.S. City of Colleyville Development Review.Committee Page 2 October5. 2004 1. We are requesting a variance on the space for two entrances. 2. The street widths and spacing between the islands has been increased to accommodate emergency traffic. 3. The width of the pavement has been increased to 31 feet. Respectfully submitted, ~~ 2929-A Rac~ Street Fort Worth, Texas 76111 Office: (682) 647-0119 . Fax: (682) 647-0024 Andrew and Janet Mittag 901 West Lavaca Trail Colleyvi//e, TX 76034 October 6, 2004 Planning and Zoning Commission c/o J. Clayton Husband AICP Development Coordinator City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Case Number Z-04-035 to be heard on October 11,2004 at 7:00pm Dear Mr. Husband: Our property is located immediately to the east of the property that is subject to the request of a zoning change. Pursuant to our conversation the other day, we would like to provide several written comments to the above matter as the proposed development will have a direct impact not only on ourselves, but also to our neighbors. Water Drainage Issue: We have appended a copy of a survey that was completed as part of the purchase of our property in early 2001. The drawn arrows indicate the flow of rainwater onto our property and off of it. Our property is a major collection point of water drainage not only from the northeast (Remington area) but also from the east because the property sits lower than the referenced area, The water fills our reten~ion pond and spills over and fills the creek bed in the property to the west the property (i.e. Case Number Z-04-035 being proposed for rezoning). Water that collects at our house and south.ofthe house runs across the property to the west.. As a result after a major rainfall, we and our neighbors to the east do not have any standing water on the properties except for our retention pond. I have seen, however, that the property being proposed for rezoning has had standing water. In fact, part of the driveway has been submerged. Therefore, any development needs to take this water issue into account and ensure that the water flow is not interrupted. Open Space Issue: Under City of Colleyville ordinances, new developments require that 20% of the land be dedicated to "Open Space". This requirement, as we understand it, does not include space dedicated to retention/detention ponds (see minutes of9/27/04 public hearing on Case number Z-04-032). Since the center roadway divider to the proposed development appears to be the only Open Space, the development does not address the ordinance requirements. Density: The density of the proposed development is substantially similar to that proposed under Case Z-04-032 (see minutes of 9/27/04 public hearing). In that case 33 properties were being proposed on 9.9 acres. In this case, 29 properties are being proposed on 10.2 acres. During the September 27 hearing, the Planning and Zoning Commission noted that under the Master Plan, developments such as Emerald Park were intended to be transitional zones between Re: Letter to Planning and Zoning Commission dd. 10/6/04 the commercial area right off of Precinct Line. The Commissioners noted that areas to the east of these transitional zones should embody the more traditional characters that Colleyville is known for and that we, the citizens of Colleyville, bought into. While this development only borders slightly more than two (2) Emerald Park properties, the balance borders the property that is the subject of Case number Z-04-032. There area total of 10 acres to the west of the proposed development which also are east of the commercial area contemplated by the Master Plan. Therefore, the proposed development under Case Number Z-04-035 cannot be considered a transitional zone. Furthermore, having 29 homes on 10.2 acres sited between 5 acre lots is simply incongruous unless the developer is seeking to force out the other residents ofLavaca Trail, all of whom had bought into the Colleyville quality of living. Barrier: As we and our neighbors to the east look west we see a forest in the property being proposed for rezoning. While we cannot and will not stop progress so that future citizens of Colleyville can benefit from our quality of life, the boundary between our property and the property proposed for rezoning should not result in a razed landscape. The developer should be of the same mind especially since we and our neighbors have either horses or cattle. In fact, in our case, we are very involved in Lone Star Equine Rescue, the largest horse rescue organization in the United States. We serve as a foster home for this organization. While under Colleyville ordinances we are permitted to have up to 15 horses on our five- (5) plus acres, we have never had that many. But our population will fluctuate anywhere from 5 to 10 horses. These horses are free to roam our entire property and would, therefore, have some "impacf' on all the backyards that are proposed to border our property. Regardless of the density of this proposed development, the developer also needs to take into account the type of barrier used.. Wooden barriers used in Emerald Park may work in transitional zone, but as discussed above, this development will not be. in a transitional zone. Moreover, from the developer's marketing perspective, the developer is likely to sell properties more rapidly if there is an attractive fixed, mason barrier between our respective properties. This letter is still not representing all the issues on Lavaca Trail that need to be discussed in light of this proposal. For example, road condition (due to the Remington 4th Addition development), lack of sewers, lack of storm drains, and lack of speed limit signs. As you can see, the list is quite lengthy. We, as current residents, hope and assume that all of these issues will be addressed in a public venue before any form of development is undertaken. Sincerely, end . No I'~ I:J!f!IMy l; W~!i!:~fi ~ !f 1!:!~il!Jmf Ii -l,I"!j.mff Jl IliIllj~yad ~ ~~!J!:!ifi'l~i d 1~ljf i,'J{ : It I d~:{li,l. ,,'ll ., iil !i il ~ ;1 ~: Ii ~. A .' !. f . .J( II ; Ilhh: I ~;I]U I 'fill;!; l~>:e.f . ~V~_::1r! ~~~"-~~~ (}.'!fi ," . _ <_ ~~......~. VJ t' :. I ---to!ll.;1' ~JIl) ~,~ .._ L ,i .!I.!i<<~ i . } , .__' tn. _.___ I -=lr-f,r/~' \Y ~_ ----- f 'if.l ----- ,i 1 -,----tll-Y---. I' !' J ' Ii I ill' h 1 //y/--i II. ~ . ,'I t~'f /./ (t III , ,'i: II , . 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II 5' ii 'j 1 'jij~' J~ it I .If I ~i-~ t.- ~ i ~ .~ ~ 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 2 AND 3, BLOCK 1, LA V ACA TRAIL ADDITION, FROM THE AG AGRICULTURAL AND R40 SINGLE FAMILY RESIDENTIAL DISTRICTS 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 Royal Building Corporation and Com is Development on September 20, 2004, under Case No. Z-04-035; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described as Lots 2 and 3, Block 1, Lavaca Trail Addition, by changing the zoning of said property from the AG Agricultural and R40 Single Family Residential districts to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "B", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-04-xxxx Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Side Setback to street Right-af-Way (7) Rear Building Line 7,600 square feet 72 feet 11 0 feet 30 feet 10 feet 15 feet 10 feet b. The maximum number of single-family lots allowed within this development shall be twenty-nine (29) lots. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty-five (25%) percent of the residential project area as common open space for the leisure and recreational use of the development's residents, The open space shall comply with the provisions contained in the Land Development Code. b, The common open space may be utilized for storm water detention purposes. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "B", which shall be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate physical, topographic, drainage or other conditions. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-xxxx Page 3 of4 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. 6. SIDEWALKS AND TRAILS a. The developer shall construct a five (5)-foot wide sidewalk adjacent to Lavaca Trail at the same time building improvements are made on the lot, unless funds are escrowed with the City for future construction of the sidewalk. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be in accordance with the requirements of the Colleyville Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. 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 .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: October 11, 2004 Z-04-031 - TABLED ITEM - Zoning change from AG and CC1 to PUD-C on 1.28 acres located at the 6400 block of Colleyville Boulevard UPDATE The Planning and Zoning Commission tabled this item at the September 27, 2004, meeting, and requested information related to the future intersection of Colleyville Boulevard and Tinker Road/Sanders Lane, and the requirement for cross access easements. The applicant also provided a revised exhibit that shows the future improvements to Colleyville Boulevard in the area. Intersection Improvements. The future intersection of Colleyville Boulevard and Tinker Road/Sanders Lane will be constructed as part of the roadway reconstruction project. A TxDOT photo showing the schematic design of the intersection is attached. The intersection will be constructed as a fully signalized four-way intersection. The current intersection of Sanders Lane will be shifted slightly north of its present location, and the Tinker Road intersection shifted slightly south. A median will be constructed north of the intersection up to Industrial Boulevard; the plans do not show ~ny median breaks for the driveways on the east side of Colleyville Boulevard. The proposed driveway for Additional Self Storage would be located about 120 feet north of the intersection, and a portion of the driveway is proposed to be built as part of the reconstruction project. Cross Access Easements. Section 9.17.H of the Land Development Code requires the dedication of a mutual access easement on properties that abut or derive access from a Collector or Arterial roadway, such as Colleyville Boulevard. When a property is proposed for platting, a mutual access easement must be provided on the property to allow public access to adjacent properties. The purpose of this requirement is to reduce the number of driveway cuts and potential traffic accidents on the adjacent street. An access easement is ideal for the property under consideration as a shared driveway with the adjacent properties could be provided, reducing the number of driveway entrances near the intersection. Based on input and comments from the public hearing at the last meeting, it is the opinion of staff that the 30-foot wide strip of property should only be used for driveway access and signage. There appears to be sufficient room on the rear of the property to provide for the proposed building and rental truck parking. Staffs recommendation of approval is subject to this design change. Agenda Item No.4 - Page 1 STAFF COMMENTS - 09/27/04 Howard Lawson, with Additional Self Storage, is the owner of an existing self storage facility located at 1801 Industrial Boulevard. The existing facility is zoned ML Light Manufacturing, and is 5.6 acres in size. Mr. Lawson is also the owner of a 1.28 acre tract of land located at the 6400 block of Colleyville Boulevard. This property is presently zoned AG Agricultural and CC1 Village Retail. The owner has submitted a request to change the zoning on the 1.28-acre property to PUD-C Planned Unit Development Commercial in order to provide a driveway entrance on Colleyville Boulevard for the . larger facility and expand the existing parking area at the self storage facility. The 1.28-acre property has limited frontage on Colleyville Boulevard; the property is approximately 30 feet wide. This 30-foot wide portion of property extends about 330 feet from Colleyville Boulevard, and is zoned CC1. The rear portion of the property is zoned AG. An exhibit showing the property layout is attached. The property is currently vacant. The owner proposes to develop the property to expand the existing self storage facility. The entrance area on Colleyville Boulevard would include an office area, a propane tank re-filling area, and spaces for U-Haul truck rental. The remainder of the property, primarily toward the rear and adjacent to the existing storage facility, would be used for the storage of recreational vehicles and boats. There are spaces on the existing site for the storage of these vehicles. An exhibit showing the existing and proposed development is attached. The proposed use of the property is allowed by special use permit in the ML Light Manufacturing district, or as part of a PUD-C Planned Unit Development Commercial district. The PUD-C district was recommended due to the unusual shape of the property and proposed uses on the site. The surrounding property is mostly commercial in nature. The narrow entrance portion of the property is zoned CC 1, as are the properties on either side. The property surrounding the rear portion of the property is zoned ML and AG. A copy of the zoning map for this area is attached. The Master Plan indicates that properties along Colleyville Boulevard are anticipated to be developed for commercial uses in the future. Below is a summary of the major items associated with this request. Office Building. The owner proposes to construct an office area on the north side of the entrance driveway. The office is approximately 800 square feet in size, and contains an office area and sample storage units. The attached zoning exhibit contains an elevation drawing of the building. The applicant also proposes to provide an area adjacent to the building to refill portable propane tanks. Four parking spaces are provided at the office building. Truck Rental. The applicant proposes to provide U-Haul trucks for rent at the new portion of the site. The existing facility on Industrial Boulevard currently provides U- Agenda Item No.4 - Page 2 Haul truck rental. The proposed PUD-C ordinance would authorize this same activity on the new portion of the facility. Recreational Vehicle and Boat Storage. Most of the site would be used to provide parking spaces for the storage of recreational vehicles and boats. The zoning exhibit shows 10 covered and 20 uncovered spaces for recreational vehicles, and 20 uncovered spaces for boat storage. The existing facility on Industrial Boulevard currently provides 29 spaces for recreational vehicles and 33 spaces for boats. . All of the existing spaces are uncovered. Access. There are existing entrances to the overall site on Industrial Boulevard. The applicant proposes an entrance on Colleyville Boulevard, which will require approval by both the City and TxDOT. The driving lane at the entrance would be 12 feet wide, and expand to 24 feet wide just past the security gate, as shown on the zoning exhibit. Fencing and Landscaping. The owner will extend the 8-foot tall masonry fence along the south property line, up to the security gate. The existing 8-foot tall iron fence will be relocated around the new storage area for recreational vehicles and boats. A landscaped greenbelt will be provided adjacent to the south property line. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for commercial and retail type land uses. This request is consistent with the goals and objectives of the Master Plan. The Master Plan designates all the property on Colleyville Boulevard in this area as commercial and retail property. 2. Surrounding Properties. Most of the surrounding properties are developed and planned for commercial use. 3. Development Trends. The long-term trend for this area is commercial and retail development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary . 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 2004 taxable value of the property is $63,424. The estimated City property tax revenue for the undeveloped property is $220 annually. The taxable value of the existing self-storage facility is $2,228,400, which generates an estimated $7,741 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. According to the Texas Comptroller of Public Accounts, the storage of recreational vehicles and empty trailers is subject to sales tax. However, the storage of boats is not subject to sales tax. Any products such as boxes and packing supplies sold at the site are also subject to sales tax. Agenda Item No.4 - Page 3 7. Public Notification. Staff mailed notices to 13 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: September 27 and October 11, 2004 City Council: October 19 and November 3, 2004 RECOMMENDATION Approval ATTACHMENTS · Location Map · Zoning Map · Information from Applicant · Preliminary Site Development Plan (zoning exhibit - see large paper copy) · List of Property Owners Notified · Draft ordinance Prepared by: J~=P Development Coordinator Agenda Item No.4 - Page 4 --'''.'oJ.' ) __.) 0 I \~ ~~./(! ! 0 \7 ~ ~CO ct / I": I / / I I --' i --1 ~ , Q ! , N~ i ! ~ I ~-~'i-~~~. .,... ~..;........I .......... ~ I m I mi......................... i ~ 10 OJ --....... .....~..~ . .. .. IX: ex) r---------- i ..... f..---- ; I ,--- '..- I ---< I r-:---- ! 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I. ) 0-03-1416 LAKE R ~ -l ~, /1 ~ ! I I F ?~~~UITI~I I 71- - / r~"'~"H L.U nJjj Irl- ~ I ~u 1'7 'IIV.L ~ I _ I P. .n_ C ~ ....... I"....l.. I ~ uK 0-99-1157 . 0-02-1335 0-00-1211 ~ C~)ll~ty~tl~~~[ /~ ~ ~ ....., ::; J 0-02-1327 fit S I KI.l-\L HI,VD I -w a..ll: ~~dllstrial p,lIrJ, I r ~ ~ .;fIIL I I 81 .. _ _ If "'f" _ ....~I ~r J, ~~- I R,. -,, I) I / Ji~O-*n12 L J~ j ) ~ .rI ~~ .....0"{ ,,,...~ i: ~,.r. I 1\ l.r~( --~ . I'~ L~"--e: - " ~ f / C, ~ ~~ 1u~ - h-21)]fi ~U/ ~~LJ ~G7 / /-- "il ~. ..Y' /'C ML AG A\CC rr""'! ~ I ~ :;ll ~ ~ - ~ ~ ~ ... -- ~ ;zr} \ \ I To: The City of Colleyville From: Additional Self Storage, L.P. Date: August 27,2004 Re: Statement Of Planning Objectives THE PRIMARY PURPOSE OF A ZONING CHANGE IS TO COMBINE THE ZONING OF TRACTS 1 & 2 WITH THE ZONING OF TRACT 3 THAT WILL ALLOW THE EXISTING SELF STORAGE FACILITY (TRACT 3) TO LOCATE A NEW SALES OFFICE AND SIGNAGE NEAR HWY: 26 AND THEREBY CREATING THE PRIMARY ENTRANCE & EXIT FROM HWY: 26. OTHER OBJECTIVES ARE TO PROVIDE VEIDCULAR RENTALS (0- HAUL TYPE TRUCKS & TRAILERS), RETAIL SALES RELATED TO TRUCK LEASING (Le., BOXES, TAPE, ETC.), PROPANE GAS SALES AND TO EXPAND OUR EXISTING RN & BOAT STORAGE. Z;-AO.ooo o : ~~ooRROOO ~ ~!....... I "-.. t. · '. a.;: 0 0 0 0 0 .. I; ~. .Ifll ~ iili I it ~ nlllll ~I ~ I I I I I C) t,.:.1 .,".-- " u .__' u a; .~~ W ...t:l 0 :::0 I I L._._._.~ . ! ~ I 5. 'J 0.. Ii a i I Ii ;: II + I : ;. ~~ i .' ~ r I Page I http://www.colleyvilleblvd.comlpicslPhotos/photoO 15 .jpg 10/05/200402.57.14 pm Z-04-031 Howard Lawson, applicant Additional Self Storage 7411 Hines Place, Suite 100 Dallas TX 75235 Vester, jess E etux Linda Sue 1801 Industrial Blvd Colleyville TX 76034 (ard Art Inc 1709 Industrial Blvd :;olleyville TX 76064 Grier, Michael R DDS PO Box 663 Grandview TX 76050 Reynolds, JD 6405 Colleyville Boulevard Colleyville TX 76034 ~eynolds, JD 5501 Evening Star Ct rolar TX 76476 Cholla Grande Inc 6301 Colleyville Boulevard Colleyville TX 76034 McPherson, Ronny Detux Vicky 1501 County Road 1224 Clebume TX 76033 :;annedy, George etux Joy M 2428 Brasher Ln 3edford TX 76021 KAC Colleyville JV 4008 Cochran Heights Ct Dallas TX 75220 Stowe, Jennie Lou 1612 Sanders Ln Colleyville TX 76034 Stringer, David W 1701 Sanders Ln ~olleyville TX 76034 Anderson, Ronald H 1162 Silverlake Dr Grapevine TX 76051 Stilson, Terrence L 1805 Sanders Ln Colleyville TX 76034 Notices dated September 16,2004. I\ccording 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 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 1.28 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL AND CC1 VILLAGE RETAIL COMMERCIAL DISTRICTS TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Additional Self Storage, Ltd., on August 30, 2004, under Case No. Z-04-031, and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on the attached Exhibit "8", by changing the zoning of said property from the AG Agricultural and CC1 Village Retail districts to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for self storage facility uses as specifically stated in this ordinance. 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 LAND USES a. The following land uses shall be permitted within this Planned Unit Development. (1 ) Offices (2) Outside storage of recreational vehicles (3) Outside storage of boats and watercraft (4) Truck rental 3. CONCEPTUAL SITE PLANS. PLATTING AND PHASING OF DEVELOPMENT a. The arrangement, location, and footprint of buildings within the PUD-C shall be as shown on the attached Exhibit "C" and Exhibit "0". b. No development permits for any additional structures within this PUD-C shall be approved until an amendment to this ordinance has been approved by the City Council in accordance with the procedures and requirements of the Colleyville land Development Code. c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville land Development Code. 4. LANDSCAPING AND FENCING a. The developer shall construct a five (5)-foot wide landscaped greenbelt adjacent to the south property line. The greenbelt shall contain evergreen plant material, of five (5) gallon in size, planted on thirty-six (36) inch centers. b. The developer shall construct an eight (8)-foot tall masonry fence adjacent to the south property line. The new fence shall match the existing fence. The fence shall be constructed up to the security gate entrance, as shown on Exhibit "C". Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-xxxx Page 3 of 4 5. GENERAL DEVELOPMENT CRITERIA a. The regulations for the Ml Light Manufacturing zoning district shall be applicable to this PUD-C, except where modified by the provisions of this ordinance. b. The thirty (30)-foot wide portion of the property shall be used only for driveway access and monument sign locations. This area shall not be used for parking, storage, or the construction of buildings. b. The location and width of all fire lanes shall be approved by the Fire Marshal. c. The exposed exterior walls of the office building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. The building design shall be generally consistent with the conceptual building elevations, attached as Exhibit "0". d. The outside storage area for recreational vehicles, boats and watercraft shall contain at least forty (40) covered parking spaces. e. Not more than eight (8) trucks for rental shall be parked or stored on the 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.