HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/8/2004
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AGENDA
PLANNING AND ZONING COMMISSION
City Hall Council Chambers - 100 Main Street
Monday, November 8, 2004
REGULAR MEETING
7:00 P.M.
CALL TO ORDER
ROLL CALL
Commissioners Thomas Bartkowski, John
Blassingame, Jeff Byerly, Dave Dudziak, Luann
Edwards, Denis Duffy, Thomas Dolan
INVOCATION
Commissioner Bartkowski
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
October 11 , 2004
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
AGENDA ITEMS
1. Case P-04-039 - Minor Plat of Thorne Addition, 0.73 acres located at 405 Shelton
Drive
2. Case P-04-40 - Preliminary Plat for Cambridge Place Addition, 9.181 acres located
south of Centerpark, east of Colleyville Boulevard
3. Case Z-04-037 - PUBLIC HEARING - Special Use Permit for an accessory
building located on Lot 1, Block 1 at 411 McDonwell School Road East
4. Case Z-04-038 - PUBLIC HEARING - Zoning change from AG to CC1 on
property located at 6401 & 6405 Colleyville Boulevard
5. Case G-04-020 - TABLED ITEM - Review and discussion of regulations for
private streets and entrance gates
Planning and Zoning Commission
Agenda -November 8, 2004
Page 10f2
STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS
The following items were received on the last case submittal deadline:
. Zoning change from AG to R40 on 4.69 acres located at 7300 John McCain Road
. Minor Plat of Sandlin Estates, 4.88 acres located at 1801 Oak Knoll Drive
. Amended Plat of Spring Garden Addition, located at the northeast corner of
Jackson Road and Cheek Sparger Road
COMMISSIONERS' COMMENTS AND REPORTS
ADJOURNMENT
Posted: Friday, November 5, 2004, 4:30 p.m. by Amy Shelley, Planning and Zoning Assistant
Planning and Zoning Commission
Agenda -November 8, 2004
Page 2 of 2
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - October 11, 2004
CALL TO ORDER
Chairman Byerly called the meeti
ROLL CALL
Commissioners Jeff Byerly,
Dolan, and Denis Duffy w
Bruce Kelly,
absent.
Barry LeBar
from staff we
was present.
INVOCATION
APPROVAL OF
, Commissioner Edwards requested
ph to remove the word "stated",
ove the minutes of the September 13, 2004 meeting
.oner Edwards seconded the motion.
The mo
Aye: Dola
Nay: None
r changes to be made for the September 27, 2004 minutes.
Commissioner Byerly moved to approve the minutes of the September 27, 2004
meeting. Commissioner Edwards seconded the motion.
The motion was approved by the following vote:
Aye: Dolan, Duffy, Edwards and Byerly
Nay: None
Planning & Zoning Commission
Minutes - October 11, 2004
Page 1 of 13
RECOGNITION OF OUTGOING MEMBERS
Commissioner Byerly recognized and presented plaques to the outgoing members
present. Commissioner Jeff Wall was present to be recognized and he thanked the
commission and staff for the past four years as serving on the commission.
Clayton Husband swore in the newly appointe
the new members repeat the Oath of Office.
Place 1; Jeff Byerly, Place 2; Thomas B
Place 4.
ion by having
enis Duffy,
ingame,
( Commissioner Byerly also recognized the two outgoing me
Commissioner Earl Swift and Commissioner Bruce Kelly.
SWEARING IN OF NEWLY APPOINTED MEMBERS
ELECTION OF OFFICERS
Commissioner Byerly moved to h
voted:
rs and the following were
Chairman - Commis .
Byerly to remain t
motion.
minate Commissioner Jeff
Issioner Dolan seconded the
olan and Byerly
Dolan made the motion to nominate Commissioner
Chairman of the Commission. Commissioner Duffy
The mot
Aye: Duffy,
Nay: None
y the following vote:
ssingame, Edwards, Dolan and Byerly
Recording Secret - Commissioner Edwards made the motion to nominate Amy
Shelley as the recording secretary for the Commission. Commissioner Duffy seconded
the motion.
The motion was approved by the following vote:
Aye: Duffy, Bartkowski, Blassingame, Edwards, Dolan and Byerly
Nay: None
Planning & Zoning Commission
Minutes - October 11, 2004
Page 2 of 13
CITIZEN COMMENTS
None
AGENDA ITEMS
1. Z-04-033 - PUBLIC HEARING - Amendment t
Heritage Glen Addition, located in the 3200 block
Clayton Husband presented the case to the 0
briefing.
Commissioner Edwards questioned
addition to the wrought iron fence,
instead of wrought iron fencing, there
Husband responded an addition to the
able to answer the question er.
fence in
change
evelopment Corporation,
he existing wrought iron
ommissioner Edwards
ou etter than having a double
ed if pOSSI Ie to do that request instead,
ce does not say the wrought iron fencing
to better reflect the request.
s in request are 10, 11, 12 and 13?
d 13 are the ones affected.
wishin 0 speak, the public hearing was closed at 7:25 P.M.
questioned the current restrictions on the height of fence.
d height is not to exceed 8 feet. Developer could have less
ance will establish the height of the fence. Commissioner
Byerly sta eds wants consistency with the fencing in the area. Mr. Scasta
stated heigh would be 8 feet to block most of the parking lot.
Commissioner Dolan stated the request 6 to 10 feet on metal fence seems to
contradictory to the Ordinance. Clayton Husband stated there is no conflict in the
sizing of fencing.
Planning & Zoning Commission
Minutes - October 11, 2004
Page 3 of 13
Commissioner Edwards made the motion to approve case Z-04-033 with the
following language added to whereas section of ordinance 0-04-1488; In
accordance with the original zoning request and in consideration of the desires of
the property owner to the west of Heritage Glen addition. Commissioner Duffy
seconded the motion.
The motion was approved by the following vote:
Aye: Duffy, Bartkowski, Blassingame, Edwards, Dola
Nay: None
2. Z-04-034 - PUBLIC HEARING - Amendment t
Park Addition, located at 4300 Brown Trail
Clayton Husband presented the case
briefing.
een the house and street?
uction on Brown Trail. To
he reason for wanting to
w d to know if it was poor
distance between the curb
the fire marshal was in agreement with
aple ne is the applicant for this case and he stated the
ing a relief on the building lines on Lots 1 and 4, Block 2 to
e story home with 2800 sq. feet. With the current building
me can only be 2400 sq. feet. Developer wants to maximize
for these homes.
Commission r Edwards questioned the builder about the 50% lot coverage, does
this cover the percentage. Mr. Panno replied with yes.
Commissioner Byerly opened the public hearing at 7:36 P.M.
There being no one wishing to speak, the public hearing was closed at 7:37 P.M.
Planning & Zoning Commission
Minutes - October 11, 2004
Page 4 of 13
Commissioner Edwards stated the current set backs for these subdivisions are
already below the standards in the Ordinance. She also stated these change
would make a subdivision that is already dense denser.
Commissioner Byerly questioned staff about comparisons with set backs for
other subdivisions. Clayton Husband responded side set backs are similar would
have to research front set backs. Rosewood Villas, Em Park have 10ft. rear
set backs.
Commissioner Edwards stated the lot sizes are
able area would appear to be 3,600 sq. ft. C a
sizes in this subdivision range from 7,200
largest at 9,700 sq ft. Commissioner
interior? It would appear these mea
able to put a 3,000 sq. ft house on it
it could be possible yet not having ru
Edwards stated needing more explanatio
000 sq. ft, The build
responded the Lot
ot 10 being the
e exterior vs.
r would be
ded that
issioner
Mr. Pan no responded as p
with the proposed change t
does not take into considerat
size does not allow for a 3,00
one story inste stories
a would be 4,000 sq. feet and
e 4,680 sq,feet. Yet, that
ing garage. The current
I Iso, making the homes
,pearance of density.
wants to put in a one story home as
lock 2. Builder responded correct.
ned if the Lot 1, Block 2 Brown Trail side and Lot 2
re als Isted Brown Trail side, need clarification. Clayton
the lot was listed as such because it is a three sided lot and
en the front, side or rear of the lot.
Comml
4 on Bro
for Lot 4 an
rly stated side set backs need to be consistent with Lots 1 and
II side to be somewhere between current 6ft. and 5ft. requested
Oft. to 5ft. on Lot 1.
Commissioner Edwards stated since 6ft. is already on Lot 4, Lot 1 would need to
be consistent.
Commissioner Duffy concurred with the 6ft. allotment and no less.
Planning & Zoning Commission
Minutes - October 11, 2004
Page 5 of 13
Commissioner Edwards stated again not happy with the set back change
however, knows that this will make a better product in the end.
Commissioner Dolan made motion to approve case Z-04-034 consistent with the
developer's request except as follows; six foot side building lines for Lots 1 and
4, Block 2. Commissioner Byerly seconded the motion.
The motion was approved by the following vote:
Aye: Duffy, Bartkowski, Edwards, Dolan and Byerl
Nay: None
Recused: Blassingame
3. Z-04-035 - PUBLIC HEARING - Zonin
10.2 acres located at 909-1009 Lavac
Clayton Husband presented the case
briefing.
he staff
Commissioner Duffy state
to staff and then questions
spaces, drainage, retention
how these issues will be addre
's comments, then questions
tated clarification on open
ostly water run-off and
y usable open space.
make statement then have
Royal Homes, North Richland Hills,
dy, will not go in to great detail other
are use etention ponds. The run off water will be
merald Park to the drainage easements.
2
que
sufficie
100 ft. ra
street all the
open space is open space and is to be common,
re us residents, detention ponds are not for leisure use.
d they intend to abide by the ordinances. If do not have
ey are willing to make that change. Commissioner Duffy
e street cuts. Mr. Stembridge stated the streets will be
Ire department use. Commissioner Duffy stated if street has
ow much is concrete? Mr. Stembridge stated still have 31 ft.
ayaround.
Commissioner Byerly opened the public hearing at 8:05 P.M.
Citizen's comments:
Andrew Mittag, 901 W. Lavaca Trail - He stated the flow of water and his
retention pond is a tenth of an acre, yet a single rain fall the pond spills over.
Planning & Zoning Commission
Minutes - October 11, 2004
Page 6 of 13
Talked with Colleyville, water comes across the street over Lavaca trail. Next,
the water does flow through stand pipe onto the property, water also flows from
east to west across next to house and next to arena and pushes down from
neighbors and there is a lot of volume of water. Mr. Mittage states he wants the
developer to think about how the water will flow from the west and to please
consider all the neighbors involved. Mr. Mittage state Commissioner Duffy
talked about open space. Actual open space is only 40 as this proposal is
considered, please think about the open space issu s far as density, the
master plan states we need to maintain the ru off of Precinct Line.
Emerald Park is used as the denser property t nsitional zone. The
developer needs to bear in mind the set back . es and could have
up to 15 horses and do not intend to move. s to put in a wall
to protect his property for potential buy es. Simply a
wooden privacy fence will not be eno sonry wall
will need to be constructed. Pleas 'ng to be
designed.
Lourane Gore, 809 West
encroached upon with th
transitional barrier instead 0
Lavaca Trail and can not im
flow of water. Mrs. Gore state
neighbor. Mrs. Gore feels
needs to be some sort of
tes the water crosses over
will cause as far as the
, e rural feel of her area.
es 101 iamsburg Ct. Mr. Stadjuhar
.to all neighbors. We need to keep the
y for children and adults. Mr. Stadjuhar
al of the density of the developer a
ur and would change the nature of the
courage were to see the smile on a young lady's
fter having therapy with the horses. Mr. Stadjuhar stated
. something to be desired. Stated he wants some sort
tti
not
able to
sandwich
3 Champion Way, - Drainage is a major issue. He stated
are presented with this development are ponds. These are
ces. Mr. Zimmerman stated he purchased property to be
leyville. This is not a transitional subdivision because it will be
een two other subdivisions.
Lisa Stadjuhar, 816 L.D. Lockett, resides at 101 Williamsburg Ct. owns land east
of the proposed development, 10.4 acres of agricultural exempt land. We like
horses and grow coastal hay to sell for agricultural related purposes and have
handicap adults and children who get lessons. Mrs. Stadjuhar has multiple
concerns about new development, drainage, and density. The drainage issue is
the main concern and needs to be addressed. The quality of life with the rural
area is great and wonderful. We want this property to be an estate lot. We all
Planning & Zoning Commission
Minutes - October 11, 2004
Page 7 of 13
enjoy the rural farming area that we all love and support one another. That
density of housing that you put in next to a rural area will change the atmosphere
of the new home owners expecting a bedroom community. The open space is
nothing to consider what we have in our Monticello addition. This developer
does not compare to the open space that needs to be reflected for Colleyville.
The quality of life needs to be considered.
There being no one wishing to speak, the public heari
closed at 8:33 P.M.
Commissioner Dolan questioned this particul
intended to be commercial. Ba,rry LeBaron st
IS
Commissioner Edwards stated the mast
responded depending on the City Cou
eing a future mercial
an, the City Council decided
'der revising the master plan.
bout the drainage issues
up from the proposed
tention pond spills in to
cause issues with his
erald Park is the buffer, yet there are
nt is too far east and is not what needs
stated the master plan shows commercial and office.
promise with the surrounding neighbors with the
ce issues and frontage of Lavaca Trail and the
area. e also stated the open space needs to be a usable
pen space that would open up to Lavaca Trail.
questioned about 5 acre lots being currently occupied,
esponded lots are currently occupied.
Commission r Edwards stated this development is between two multiple acreage
properties. Stated she has drainage issues and the fire marshal will not approve
this entrance because it does not meet the guidelines PUD requires. The open
space is not met for the PUD requirements.
Commissioner Dolan concurred with Commissioner Edwards and stated that
losing the identity of Colleyville's quality of life is not the route to take. The
density factors are being pushed with the long term citizens who have been here
Planning & Zoning Commission
Minutes - October 11, 2004
Page 8 of 13
for years. It is worth preserving the rural area.
Commissioner Byerly made motion to table case Z-04-035 until the developer
gets with the residents and addresses the issues of drainage, masonry wall, and
usable open space. In addition, guidance from the master plan after the outcome
from the next City Council's meeting. Commissioner Duffy seconded the motion.
The motion was approved by the following vote:
Aye: Duffy, Bartkowski, Blassingame and Byerly
Nay: Edwards, Dolan
4. Z-04-031 - TABLED ITEM - Zoning chang
acres located at the 6400 block of Colle
Commissioner Byerly made motion t
Edwards seconded the motion.
issioner
The motion was approved b
Aye: Duffy, Bartkowski, BI
Nay: None
Clayton Husband
briefing.
and reviewed the staff
Howard
questio
Additional
elf Storage was present to answer any
as Terry Griswald, Area Manager of
ards stioned if property owners had been briefed or
on stated the engineers concurred with the use.
Co stated issues with curb cuts with adjacent properties.
Stated mmercial lot would be land locked to Sanders if no cross
access e t where provided. Clayton Husband responded the new platting
would requi cross access easements to adjacent properties. Commissioner
Duffy questioned to be sure a 30ft. surveyor's drawing is provided because of
concerns with the 12ft. fire lane. Commissioner Duffy also questioned if staff
recommended signage in open area. Barry LeBaron responded correct, however
if anything else went in the 30ft. driveway, it would possibly have a negative
effect on the adjacent properties.
Planning & Zoning Commission
Minutes- October 11,2004
Page 9 of 13
Jackey Fluitt with GSVVW 3950 Fossil Creek Blvd, Fort Worth, TX presented the
case to the Commission stating the owner would like to put a sign and office near
SH 26, using the PUD-C zoning to be able to rent more trucks in addition to
accommodating cross access easements from Hwy 26 to generate more sales.
Commissioner Duffy then questioned about the rental trucks being parked in the
front of the facility where the customer parking would be ted. Mr. Fluitt along
with Terry Griswald stated those parking spaces w e used for customer
parking only. Commissioner Duffy stated to be sur for customer parking
only. Mr. Fluitt stated the property owner . nate those spaces.
Commissioner Duffy questioned having a Ie e rtment stating the
12ft. lane was acceptable. Clayton Husba e Development
Review Committee meeting, the fire osed to the
arrangement because the fire lane c roperty as
well once it is added.
ther or not more time was
e proposed changes. Barry
and the recommendations
e recommendations are to
responded, correct.
,t the passing of two rental
e strip. . Fluitt responded would not
n spaces in the back. Commissioner
s were occupied how would you address
have to refer that to Mr. Lawson. Mr.
Id not be an issue. Commissioner
o properties for two entry and exits.
tioned the 30 ft. strip being wide 'enough for the fire
knowing what other properties would be included.
with TxDot criteria for future use.
rds questioned the Commission just needing to look at the
rty tonight not how it will be laid out for the future. Barry
d what you are seeing is what they will be allowed to use for
Commissioner Edwards stated needing clarification as to the
proposed la guage for the ordinance, Barry LeBaron site plan would have to be
modified. Commissioner Edwards stated as long as the cross access is available,
the owner should be able to put an office in the space,
Commissioner Duffy questioned the Uhaul storage being fenced, trucks will not
be seen from street and landscaping would be used as well. Mr. Griswald stated,
correct and the Uhaul trucks will be put to the back of the property.
Planning & Zoning Commission
Minutes - October 11, 2004
Page 10 of 13
Commissioner Byerly stated the building would be used for selling of supplies
and so forth. Mr. Griswald replied, correct.
Commissioner Dolan questioned the owner if there are any other intentions for
other business to be conducted on this property or would there be restrictive
zoning for specific use. For example, trailer hitches to be installed. Mr. Griswald
replied not at this time will hitches be installed. Commi r Dolan questioned
whether or not this new type of business would requi ecial use permit and
would it be permitted? Barry LeBaron responded a e special uses would be
specified in the ordinance. Mr. Griswald al ed that trailer hitch
installation is something that Uhaul does do an ething done at this
facility in the future.
Commissioner Bartkowski questioned
showing a two story office buildi
responded the office building will be
simply for models, Commissioner Bart
and unloading of items at t e storage u
unloading.
office building on the
replied the office space
ne lease that office space.
t other neighbors talk in regards to this
d the area did not need to be rezoned
s been z Ike this for a while and has worked. Mr.
o be viable to have a building in the 30ft. strip that will
it of the facility.
rds ed to know where in the Land Development Code
s covered. Clayton Husband responded in Chapter 9, yet
ssed in the PUD you have. Commissioner Edwards noted
al site plans a; and under #5, general development bare
ch other. Clayton Husband replied those changes were made
eeting and if the proposed case goes through as the developer
wishes, the the language would be corrected and modified to reflect the
requirements. Commissioner Edwards questioned whether or not the cross
access easements appear on the plat? Clayton Husband responded, no staff will
work with the applicant and suggest best location for the cross access
easements and where it could be platted on the drawing.
Commissioner Edwards made motion to approve case Z-04-031 with the
applicant's original exhibit but to include cross access easement to make
Planning & Zoning Commission
Minutes - October 11, 2004
Page 11 of 13
accessible for future development.
Motion died for lack of second.
Commissioner Byerly made motion to approve case
recommendation of the thirty (30)-foot wide portion of the
only for driveway access and monument sign locations
used for parking, storage, or the construction of build'
stated to his understanding the cross access ease
because the platting would fall under t
Commissioner Blassingame seconded the mo i
Z -04-031 with staff
roperty shall be used
is area shall not be
Commissioner Byerly
not need to be noted
Development Code.
Commissioner Edwards questioned if
because that language is in the ord'
would be modified to reflect change
mmended by Commission
e signage and 30ft. driveway,
uncil and request the original
stated would like to hear
uld like to be convinced
ccepted. He stated the
e stated a sign would not
ffy quest! ed length of drive. Clayton
tated the driveway is too long and the
back property. Commissioner Duffy
oved down at the end of the corridor
ended Commission to deny this case if the developer can
The denial would then force applicant to go before
Commissioner Byerly questioned city attorney, Mr.
om ceil would be needed and Mr. Foster responded a
missioner Byerly stated if Commission did not approve the
ould need a super majority. Mr. Foster responded, correct.
ards stated the property owner is simply trying to expand his
should encourage him to do so.
Commissioner Byerly then proceeded with role call for the motion on the floor.
The motion was approved by the following vote:
Aye: Duffy, Blassingame, Dolan and Byerly
Nay: Bartkowski, Edwards
Planning & Zoning Commission
Minutes - October 11, 2004
Page 12 of 13
STAFF REPORTS
Barry LeBaron welcomed new Commissioners and a training session for Monday,
October 18, 2004 at 6:30 was announced for the new Planning and Zoning Commission
members. All other members are welcome to attend as well. Amy Shelley was
introduced to all members as the new Planning and Zoning Assist nt.
up the new members.
. gs. Barry LeBaron
COMMISSIONER COMMENTS
Commissioner Byerly suggested getting a seating order
Commissioner Byerly questioned about the meals for t
stated no money is budgeted for the meals.
ADJOURNMENT
The Commission adjourned the meeting at
Respectfully Submitted,
Amy Shelley
Planning and Zonin
Approved on: -
Planning & Zoning Commission
Minutes - October 11, 2004
Page 13 of 13
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Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 8, 2004
P-04-039 - Minor Plat of Thorne Addition, 0.73 acres located at
405 Shelton Drive
STAFF REVIEW COMMENTS
Beverly Thorne is the owner of a parcel of land located on south side of Shelton Drive,
west of Bransford Road and across from the Webb House and Bransford Park. The
owner has submitted a Minor Plat of the property for review and consideration by the
Planning and Zoning Commission, The plat will create a lot for the construction of a
new single family residence.
The property is zoned R20 Single Family Residential. The R20 district requires a lot
width of 100 feet, a lot depth of 125 feet, and a minimum lot area of 20,000 square feet.
The proposed lot exceeds these requirements. The lot is 156 feet wide, 211 feet deep,
and 32,146 square feet in area.
The owner's surveyor has addressed all Development Review Committee comments.
The proposed development appears to satisfy the requirements of the Land
Development Code. This plat only requires approval by the Planning and Zoning
Commission.
RECOMMENDATION
Approval
ATTACHMENTS
· Location & Zoning Map
· Plat
· Development Review Committee memo
· Response letter from surveyor
Prepared by:
~
Agenda Item No.1 - Page 1
Location & Zoning Map
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CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
FAX TO
FAX NO
October 29,2004
Bill Hooks
817.831.9818
Beverly Thome
~
817.788.4743
FROM Clayton Husband, AICP, Development Coordinator
SUBJECT P-04-039 Minor Plat - Thome Addition
The Colleyville Development Review Committee (DRC) has reviewed your plat request
submitted to this office. The following comments are for your consideration.
PLAT DRAWING
1. The right-of-way for Shelton Drive needs to be verified. Tie down the existing right-of-way
with monuments on the opposite side of the street. Additional right-of-way dedication may be
required depending upon the existing right-of-way width. Shelton Drive requires a minimum
right-of-way width of 50 feet.
2. Show all property line, streets and easements on the land immediately adjacent to the lot and
within 100 feet of the lot. On unplatted tracts, the name of the owner and the deed recording
information must be shown. On platted property, the lot, block, subdivision name and plat
recording in formation must be shown.
3. Add a 30-foot front building line to the drawing.
4, A 7.5-foot wide DRAINAGE AND UTILITY EASEMENT needs to be added adjacent to the east
property line.
5. A 16-foot wide DRAINAGE AND UTILITY EASEMENT needs to be added adjacent to the south
property line.
6. The volume and page information needs to be added to the Randall property on the drawing
and in the metes and bounds description.
OTHER INFORMATION
1. PARKLAND DEDICATION FEES. Parkland dedication fees are not required for this property.
The Park Land Dedication ordinance provides for an exemption for any tract or lot occupied
100 Main Street- Colleyville, Texas 76034 - 817.503.1050
DEVELOPMENT REVIEW COMMITTEE
P-04-039 THORNE ADDITION
by an existing residence at the time of adoption of the ordinance. If the property is further
subdivided in the future, parkland dedication fees may be required at that time.
2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not
required for this property. The Land Development Code provides for an exemption for any
tract or lot occupied by an existing residence. If vacant lots were created in the future, this
requirement would be reevaluated at that time.
3. SIDEWALKS AND TRAILS. The Land Development Code requires the construction of
sidewalks along all streets. The sidewalk must be constructed at the same time any new
structures are built on the lots. The sidewalk must be at least 4-feet wide. Alternatively, the
owner may escrow an equivalent amollilt of money for the future construction of the sidewalk
at the time of building permit issuance.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City COllilcil:
Monday, November 8, 2004, 7:00 p.m.
not required
RESUBMITT AL REQUIREMENTS
A set of marked-up prints is available for pickup in the Community Development Department
offices, if needed. Once you have completed the changes to the drawing, please submit the
following to our offices:
· 10 folded copies of the revised Minor Plat drawing
· one 8W' x 11" reduced copy of the revised exhibit
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
The revised drawings must be submitted no later than noon on Thursday, November 4,2004 in
order to make the scheduled hearings. Please contact me at 817-503-1054 or
husbandc~ci.collevville.tx.us if you have any questions,
I c: DEVELOPMENT REVIEW COMMITTEE
PAGE 2 OF 2
LOYD BRANSOM SURVEYORS INC.
CHARLES B. HOOKS JR.
REGISTERED PROFESSIONAL LAND SURVEYOR
1028 NORTH SYLVANIA AVE.
FT. WORTH, TEXAS 76111
834.3477 FAX 831-9818
November 4,2004
City of Colleyville
Development Review Committee
REF: MINOR PLAT-THORNE ADDITION
P.04-039
Rosponse to DRC Comments, Dated 10-29-04
'\
1, No monuments for the North line of Shelton Drive or the Old Bransford Road
have been found; the location shown on plat was located by the description in
Deed recorded in Volume 6733, Page 1208.
2. All shown on Plat Except for tract shown as City of Colleyville, Tract 6A. Tarrant
County shows this tract to be in Deed Recorded in Volume 6733, Page 1288, This
Deed Does not represent location of description of this tract,
3. Shown on Plat
4, Shown on Plat
5. Shown on Plat
6. Shown on Plat
Thank you,
~~RPLS
RECEIVED
NOV 04 2004
lPer .-_...........1
.~
Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 8, 2004
P-04-040 - Preliminary Plat for Cambridge Place Addition, 9.181
acres located south of Centerpark, east of Colleyville Boulevard
STAFF REVIEW COMMENTS
Arcadia Land Partners 30, Ltd., is the developer of 9.181 acres of land located on the
south side of Centerpark, just east of Colleyville Boulevard. The developer has
submitted a Preliminary Plat of the property for review and consideration by the
Planning & Zoning Commission. The plat contains 36 lots for the construction of new
single family residences.
Zoning. The property is currently zoned PUD-R Planned Unit Development
Residential. The PUD-R ordinance was approved by the City Council on July 6, 2004,
by Ordinance 0-04-1467.
Residential Lots and Density. The minimum lot size in the subdivision is 4,720
square feet, and the average lot size is 6,359 square feet. The lot sizes, dimensions
and setbacks meet the requirements the approved PUD-R zoning for the property, The
density of the development is 3.92 dwelling units per acre.
Open Space. The plat contains five open space lots within the development. The open
space lots are located adjacent to Little Bear Creek on the south side of the property, on
the north side of the interior street, and within three others of varying sizes. The open
space lots range in size from 1.014 acres to 518 square feet. The homeowner's
association is required to maintain the open space areas.
Sidewalks and Trails. The developer will construct a 5-foot wide sidewalk along
Centerpark. On the north side of the interior street, each homebuilder is required to
construct a 5-foot wide sidewalk on each lot as houses are built on those lots. The
developer is responsible for the construction of the 5-foot sidewalk on the open space
lot. Sidewalks are not required along the south side of the interior street.
Height Restrictions. The PUD-R ordinance restricts the location of windows on the
second story of house constructed adjacent to the Lakewood Estates subdivision, On
Lots 26-29, second story windows may only be allowed on the front of the house and
facing the street.
Fences, Walls and Screening. The developer is required to construct a 6-foot tall
screening fence along Centerpark. The fence may be constructed of masonry,
ornamental iron, or a combination of the two materials, and the fence must be
Agenda Item No.2 - Page 1
constructed as part of the improvements to the subdivision. The residential fences that
face the street must also be constructed of masonry or ornamental iron.
Dwelling Unit Construction Requirements. The PUD-R zoning regulations for this
property have specific design requirements for houses built within the subdivision. All
chimneys must be constructed of compatible material with the exterior walls of the
house. All houses must provide an attached or detached 2-car garage, and the garage
doors must have wood exteriors or trim. The exterior of all houses must be constructed
of brick, stone, stucco or cement fiber board. All roofs must provide a 12:12 pitch.
These criteria will be reviewed at the time building permits are requested in the
subdivision.
Site Features. The PUD-R zoning prohibits the construction of overhead utility wires.
All utility services internal to the development and adjacent to the perimeter of the
development must be buried underground. The ordinance also requires the installation
of decorative light poles and street signs, which must be maintained by the
homeowner's association.
The owner's surveyor has addressed all Development Review Committee comments,
This preliminary plat also requires approval by the City Council. The proposed
development appears to satisfy the requirements of the Land Development Code and
the approved PUD-R ordinance for the property.
RECOMMENDATION
Approval
ATTACHMENTS
· Location map
· Plat
· Development Review Committee memo
· Developer correspondence
· Approved PUD-R Ordinance (0-04-1467)
Prepared by:
Agenda Item No.2 - Page 2
Location Map
Cambridge Place Addition
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CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE October 28,2004
972.248.1414
~
Dan Quinto
817.410.5757
Arcadia Land Partners
FAX TO
FAX NO
Don Rankin
972.774.9111
FROM Clayton Husband, AICP, Development Coordinator
SUBJECT P-04-034 Preliminary Plat - Cambridge Place
The Colleyville Development Review Committee (DRC) has reviewed your plat request
submitted to this office. The following comments are for your consideration.
GENERAL INFORMATION
The review of this plat and related engineering plans was based on Ordinance No. 0-04-1467,
adopted by the City Council on July 6, 2004, and on the PUD-R regulations contained in the Land
Development Code.
PLAT DRAWING
1. Add a 10-foot street side building line to Lots 3 and 7, Block A.
2. Remove the word "Drive" from the street name for Centerpark.
3, Drainage and utility easements need to be added on Lots 36 and 30, Block B, to accommodate
the proposed sanitary sewer lines shown on the plans.
4. Right-of-way dedication is required for Colleyville Boulevard. The required right-of-way
established for this roadway by TxDOT is 128 feet. The required right-of-way dedication
along the frontage of the property is four (4) feet from the existing right-of-way line. Show
the right-of-way dedication on the drawing, and label the square footage of the dedication,
5. The PUD-R ordinance for this property contains specific requirements for sidewalks, height
restrictions, fences, screening, decorative sign and light poles, and residential architectural
features. These items will be reviewed at the time of final plat submittal and building permit
reView.
6. The PUD-R ordinance for this property requires that all overhead utility wires internal to the
development and adjacent to the perimeter of the development be buried underground.
100 Main Street- Colleyville, Texas 76034 - 817,503.1050
DEVELOPMENT REVIEW COMMITTEE
P-04-034 CAMBRIDGE PLACE
7. Add the following approval block to the plat drawing:
PRELIMINARY PLAT APPROVAL
Resolution Number
Date
Communitv Development
CI1Y OF COLLEYVILLE
COMMUNI1Y DEVELOPMENT DEPT
ENGINEERING CONSTRUCTION PLANS
The engineering construction plans have been reviewed by the Engineering Department, Fire
Department and Public Works Department. The following comments are related to the
construction plans. Questions concerning the engineering construction plans should be directed to
Chad Bartee at 817-503-1090.
1. Provide curve data for water and sewer lines.
2. Submit a letter requesting a waiver from the detention requirements.
3, Provide a copy ofthe drainage study.
OTHER INFORMATION
1. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the
final plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland
dedication fees will be provided upon approval of the final plat.
2. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on a newly platted lot. The fees listed below are intended to provide
general information on the fees that could be assessed for this project. The actual fee paid
may be different depending upon the specific plans for construction or other arrangements
provided for by a City-Developer Agreement.
ROADWAY
$1,589 per dwelling unit for SINGLE FAMILY RESIDENfIAL uses. Details are available in
Chapter 13 of the Land Development Code.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
WATER
SEWER
3, SIDEWALKS AND TRAILS. Specific requirements for sidewalks are contained in the approved
PUD-R ordinance for this property.
PAGE 2 OF 3
DEVELOPMENT REVIEW COMMITTEE
P-04-034 CAMBRIDGE PLACE
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, November 8, 2004, 7:00 p,m.
Tuesday, December 7, 2004, 7:30 p.m.
RESUBMITT AL REQUIREMENTS
A set of marked-up prints is available for pickup in the Community Development Department
offices, if needed. Once you have completed the changes to the drawing, please submit the
following to our offices:
· 15 folded copies of the revised Preliminary Plat drawing
· one 8W' x 11" reduced copy of the revised exhibit
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be Ipodified or waived
The revised drawings must be submitted no later than noon on Thursday, November 4,2004 in
order to make the scheduled hearings. Please contact me at 817-503-1054 or
husbandc@ci.collevville.tx.us if you have any questions.
I c: DEVELOPMENT REVIEW COMMITTEE
PAGE30F3
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Jones & Boyd, Inc.
17090 Dallas Parkway, Suite 200. Dallas, Texas 75248
November 4, 2004
City of Colleyville
Community Development Department
Attn: Mr. Clayton Husband
100 Main Street
Colleyville, Texas 76034
RE: Cambridge Place
Preliminary Plat (P-04-034)
JBI Project No. ARCOOl
Dear Mr. Husband:
Attached for your review and approval are the revised preliminary engineering and
plat for Cambridge Place. These plans have been revised in accordance with your
attached comments dated October 28,2004.
Specifically, our response to your comments is as follows:
PLAT DRAWING:
COMMENT 1: Revised per comment.
COMMENT 2: Revised per comment.
COMMENT 3: Drainage and utility easements added to Lots 26 and 30, Block B
per comment.
COMMENT 4: Additional four feet of right of way dedicated along the frontage of
Colleyville Boulevard per comment.
COMMENT 5: Agree as noted.
COMMENT 6: Agree as noted.
COMMENT 7: Signature block for preliminary plat approval added per comment.
ENGINEERING CONSTRUCTION PLANS:
COMMENT 1: Curve data provided for water and sewer lines per comment.
COMMENT 2: Attached letter addressed to Chad Bartee requesting the storm
water detention variance.
H: IProjectslARCOO I I WordICOR-2004-1 J 03-DRR-HUSBAND,doc
Mr. Clayton Husband
November 4, 2004
Page 2
ENGINEERING CONSTRUCTION PLANS:
COMMENT 3: Per our conversation with Chad Bartee, the minor encroachments
on the floodplain will be shown using the existing flood model.
The floodplain issues will be resolved prior to approval of the final
plat.
OTHER INFORMATION:
COMMENT 1: Agree as noted.
COMMENT 2: Agree as noted.
COMMENT 8: The air release valve has been relocated out of the TxDOT ROW.
Please call if you have any questions or additional comments.
Sincerely,
JONES & BOYD, INC.
27~
Donald R. Rankin, P .E.
Project Manager
Attachments:
cc: Dan Quinto
H: IProjectslARCOO I \ Word\COR,2004-11 03-DRR-HUSBAND,doc
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Jones & Boyd, Inc.
17090 Dallas Parkway. Suite 200. Dallas. Texas 75248
November 4, 2004
City of Colleyville
Public Works Department
Attn: Mr. Chad Bartee
100 Main Street
Colleyville, Texas 76034
RE: Cambridge Place
Preliminary Plat (P-04-034)
JBI Project No. ARCOOl
Dear Mr. Bartee:
Pursuant to your review of the preliminary plat and preliminary engineering plans for
the referenced project, we formally request a variance from the City's storm water
detention requirement. The variance should be granted based on the fact that the
proposed "patio home" development is situated directly adjacent to the Little Bear
Creek floodplain. By releasing the on-site storm run-off immediately, the on-site
drainage is carried downstream prior to the 100 year flood reaching its peak stage
adjacent to the proposed development. lfthe on-site drainage is detained, or slowed,
there is greater chance of increasing the 100 year peak stage.
Given that the planned "patio home" developed storm water run-off quantity is only a
slight increase from the allowed single family run-off, and coupled with avoidance of
the peak stage, we ask that the storm water detention variance be granted.
Please call with questions or if additional data is required.
Sincerely,
JONES & BOYD, INC.
:;2zL
Donald R. Rankin, P .E.
Proj ect Manager
cc: Dan Quinto
H:IProjectslARCOO II WordlCOR-2004-11 03-DRR-BARTEE,doc
ORDINANCE 0-04-1467
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 4R, BLOCK
1, CENTERPARK ADDITION, FROM THE CC2 SHOPPING CENTER
COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT
RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Arcadia Realty
Corporation on January 19, 2004, under Case No. Z-04-010; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described as
Lot 4R, Block 1, Centerpark Addition, by changing the zoning of said
property from the CC2 Shopping Center Commercial district to the
PUD-R Planned Unit Development Residential district, as shown on
the attached Exhibit "B", including any other conditions and
restrictions imposed and approved by the City Council, which are
incorporated herein.
Sec. 2.
THAT the PUD-R shall be subject to the following conditions:
1. GENERAL
a. The purpose of the PU D-R area is for single-family residential
development.
Ordinance 0-04-1467
Page 2 of6
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) Average Lot Size
(2) Minimum Lot Width
(3) Minimum Lot Depth
(4) Front Building Line
(5) Front Set back to
Garage doors facing
street
(6) Side Building Line
(7) Side Setback to
street Right-of-Way
(8) Rear Building Line
4,500 square feet
5,300 square feet
50 feet
58 feet
15 feet
18 feet
3 feet and 7 feet
1 0 feet
10 feet
b. The maximum number of single-family lots allowed within this
development shall be thirty-six (36) lots.
4. OPEN SPACE
a. The PUD-R area shall provide a minimum of twenty (20%)
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. However, storm water detention is not
required.
c. Street trees will be planted approximately 3 feet behind the
back-of-curb.
Ordinance 0-04-1467
Page 3 of 6
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 liB",
which shall be not considered the preliminary plat. The actual
street and lot arrangement may differ from that shown on Exhibit
liB" to accommodate physical, topographic, drainage or other
conditions.
b. Prior to the issuance of any development permits on the subject
property and as a condition to the development of the subject
property, the developer shall obtain approval of a preliminary
plat and a final plat of the property in accordance with the
procedures and requirements of the Colleyville Land
Development Code.
6. SIDEWALKS AND TRAILS
a. A five (5)-foot wide sidewalk shall be constructed along the
north side of the interior street. Each homebuilder shall
construct sidewalks along lot frontages. The developer shall
construct the sidewalk along the common open space area.
b. The developer shall construct a five (5)-foot wide sidewalk
adjacent to Centerpark at the same time building improvements
are made on the lot, unless funds are escrowed with the City for
future construction of the sidewalk.
c. Driveway approaches, driveways, city walks and residence lead
walks shall be constructed of exposed aggregate concrete.
Driveways may also be constructed using stained pattern
stamped concrete, bricks or stone or any combination thereof.
7. FIRE PREVENTION MEASURES
a. Zero Wall Construction
The Lots are being developed utilizing a Zero-Lot-Line concept.
Accordingly, the outside wall on one (1) side of each residential
structure to be constructed on a Lot is to be constructed along a
line 3 feet (3') inside the property line (the "Zero Wall"). To
maximize the use, enjoyment and recreation of each Owner, the
Zero Wall, if adjacent to another Home Lot, shall be constructed
with no doors or windows (unless required for fire egress) and
shall be constructed of predominantly non-combustible
materials.
Ordinance 0-04-1467
Page 4 of6
b. Controlled Street Parking
Before New Home construction begins, appropriate "No
Parking" signage shall be installed and maintained along both
sides of streets with less than twenty (20) feet in width as
measured from back of curb to back of curb. Appropriate "No
Parking" signage shall be installed and maintained along one
side of streets with less than thirty (30) feet in width as
measured from back of curb to back of curb.
8. HEIGHT RESTRICTIONS
a. Lots 26, 27, 28, and 29 abutting Lakewood Estates shall be
limited such that no second story windows will be allowed
unless they are on the front of the home and face the street.
9. FENCES. WALLS AND SCREENING
a. The developer shall construct a six (6) foot tall screening fence
along this property's frontage on Centerpark. The fence may be
constructed of masonry, ornamental iron, or a combination of
the two materials. Ornamental metal fencing will be located to
open views of the adjacent open space from Centerpark. The
fence shall be constructed prior to the issuance of building
permits in the subdivision. The homeowners association shall
maintain the fence.
b. Residence fences facing the street shall be ornamental metal or
masonry.
c. All air-conditioning equipment, fire wood piles, sanitation
facilities or other service facilities must be screened with fences,
walls or landscaping, so as not to be generally visible by the
public.
d. No fence shall be more than six (6) feet tall with the exception of
the perimeter fence on the western property line that abuts the
commercial property, which may be up to eight (8) feet tall.
10. ARCHITECTURAL FEA lURES
a. Chimneys - All wood burning fireplace chimneys shall be
architecturally compatible with the principal finish material of the
exterior walls of the Dwelling Unit. Chimneys of lap siding are
Ordinance 0~04-1467
Page 5 of 6
expressly prohibited.
b. Garages - All Residences shall have either an attached or
detached enclosed two (2) automobile garage. Carports on lots
are prohibited.
c. Garage Doors - Garage doors shall have wooden exterior
surfaces or wooden trimmed to match the dwelling style.
Garage doors with metal exterior surfaces shall be prohibited.
d. Building Materials - At least ninety percent (90%) of the total
exterior area of all Residences, and one hundred (100%)
percent of the first story exterior walls which are carried
vertically by the foundation, excluding gables, windows, light
wells, architectural ornamentation, and door openings shall be
of brick, brick veneer, stone or cultured stone veneer, stucco,
cement fiber stucco board or other exterior materials of a similar
nature that is compatible with the principal finish material of the
exterior walls of the dwelling unit. Every garage and accessory
building, except a greenhouse, shall correspond in style of
architecture and exterior building materials with the dwelling to
which it is appurtenant.
e. Roof Pitch and Roof Materials - All prominent pitched roofs
shall be not less than a 12/12 pitch. This restriction shall not
apply if a different roof pitch is required by a particular historical
design or style, such as Mediterranean. Dormers, bay windows,
rain sheds, etc. that are part of the architectural style may have
roof pitches as appropriate. All roofs shall be constructed of 30-
year, or greater, premium grade asphalt dimensional shingles,
slate, copper, clay tiles, reinforced masonry tiles or other
materials as appropriate to the architecture of the home.
11. OTHER SITE FEATURES
a. Underground Utilities - Overhead utility wires shall be prohibited
in this development. All utility services internal within the
development and adjacent to the perimeter of the development
shall be buried underground.
b. Decorative Sign and Light Poles - The developer shall install
decorative street lights and street signage, which shall be
maintained by the homeowner's association of the development.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-04-1467
Page 6 of 6
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 ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such,
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /$~ day of
~ 2004.
T,. second reading and public hearing being conducted on the ~ >zf day of
d ~ 2004.
fi~~~
Cynthia Singleton, TRMC
City Secretary
D AS TO FORM AND LEGALITY:
R ss T. Foster
City Attorney
EXHIBIT A - ZONING MAP
Zoning Map - Z04010
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 8, 2004
Z-04-037 - PUBLIC HEARING- Special Use Permit for an
accessory building located on Lot 1, Block 1 at 411 McDonwell
School Road East
STAFF REVIEW COMMENTS
Jerry Nanson is the owner of a 2.93-acre lot located at 411 McDonwell School Road
East, adjacent to the Cutter Ridge Estates subdivision on Pleasant Run Road. Mr.
Nanson proposes to construct an accessory building on the property. Upon review of
the plans for the building~ it was determined that the accessory building contained living
quarters and cooking facilities, which requires approval of a Special Use Permit. The
owner has applied for a Special Use Permit in order to allow the accessory building as
proposed on the property.
There is an existing single family residence on the property. The proposed building is a
two-story structure, containing 1,008 square feet of living area on the second floor for
Mr. Nanson's father. The first floor of the building would be used as a 3-car garage.
The second floor of the building includes two bedrooms, one bathroom, and complete
kitchen facilities. Access to the second floor is from an enclosed stairwell on the side of
the building. The proposed building meets the size, location and setback requirements
for accessory buildings, as contained in the Land Development Code. The Special Use
Permit is required due to the use of the building as living quarters. The Land
Development Code only allows one single family residence per lot, and the construction
of the second living unit requires special approval. Floor plans and drawings of the
building and property are attached.
Mr. Nanson's property is zoned R40 Single Family Residential. The Land Development
Code allows servants and caretakers quarters in the AG and RE zoning districts as a
matter of right. However, approval of a Special Use Permit is required for this same use
in the R40, R30 and R20 zoning districts. Servants quarters are defined by the Code as
"an accessory dwelling not rented or otherwise used as a separate domicile in a
residential district for the sole use and occupancy of a member of the immediate family
or persons employed on the premises by the occupant on a full-time basis as domestic
help, such as a maid, chauffeur, cook or gardener." Though there are no specific
regulations listed for this use in the R40, R30 and R20 zoning districts, the AG and RE
districts restrict the size of the servants quarters to 600 square feet.
The general area surrounding Mr. Nanson's property is zoned R40, RE and AG. Most
of the lots in the area are 2-acres in size or larger and are developed as single family
residences. There are many other detached garages, accessory buildings and barns on
the properties in the area.
Agenda Item No.3 - Page 1
Staff mailed notices to 9 adjacent property owners and homeowners associations
regarding this request. Notice was published in the Fort Worth Star-Telegram as
required by state law and the Land Development Code. No correspondence has been
received regarding this request.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: November 8,2004
City Council: December 7 and December 21, 2004
RECOMMENDATION
Denial due to technical non-compliance with the Land Development Code
ATTACHMENTS
· Location Map
. Information and Drawings from Applicant
· List of Property Owners Notified
Prepared by:
Agenda Item No.3 - Page 2
Location Map
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Gross Acreage: 3 Acres
Planning Objectives:
I wish to build a 3 car, detached garage with an upstairs living area with a stair lift, in
order to take care of my 76 year old father in his later years. This will allow him to
maintain his independence and conserve his limited income, while being close to us in
case of deteriorating health and/or mobility.
Development schedule:
Assuming approval by the City of Colleyville in December, construction will begin in
early January of 2005 and should be completed in late March or early April of 2005.
According to the plans, total square footage of the living area is 1032.
ECEIVE
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I OCT 1 5 2004
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CITY OF COLLEYVILLE
BY COMMUNITY DEVELOPMENT
Site Plan
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Z-04-037
Kehr, Mary & Frank
10745 Saint Michaels Dr
Dallas TX 75230
Campbell, Tom C Etux Carol A
501 McDonwell School Rd E
Colleyville TX 76034
Gentry, Carol Ann
7000 Pleasant Run
Colleyville TX 76034
Mitchell, John H etux Lisa G
504 McDonwell School Rd
Colleyville TX 76034
Clark, Douglas C
6605 Westcoat Dr
Colleyville TX 76034
Cook, Stanley D Etux Barbara J
6500 Cutter Ridge Ct
Colleyville TX 76034
Kissell, Jeffrey Etux Starr
410 McDonwell School Rd
Colleyville TX 76034
Nanson Jerry D Etux Marianna,
applicant
411 McDonwell School Rd
Colleyville TX 76034
Palmeiro, Rafael
5216 Reims Ct
Colleyville TX 76034
.~
l'exas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 8, 2004
Z-04-038 - PUBLIC HEARING - Zoning change from AG to CC1
on property located at 6401 & 6405 Colleyville Boulevard
STAFF REVIEW COMMENTS
Martina de la Fuente is the potential owner of a 1.53-acre parcel of land located on the
east side of Colleyville Boulevard, between Sanders Lane and Industrial Boulevard.
The applicant has submitted a request to change the zoning on the property from AG
Agricultural to CC1 Village Retail. The applicant is seeking a zoning change in order to
develop the property as a pet shop.
The CC1 district is designed for land uses such as general commercial retail goods and
services as well as some office, entertainment and community facility uses. While the
district is designed to encourage "clustering" stores, the site requirements allow for a
smaller scale than a shopping center type development. It is likely that areas zoned
CC 1 will be developed without an anchor store and may be located near but not at
major street intersections. The site under consideration generally fits these criteria.
There are single family residences currently located on the property. The surrounding
property is commercial in nature. Property to the south is zoned CC1 and is developed
as retail stores. Property to the north, at the corner of Industrial Boulevard, is zoned ML
Light Manufacturing and is developed as an outdoor furniture and accessory store. The
property to the east is also zoned ML and is used as a self-storage facility. The
property to the west, across Colleyville Boulevard, is zoned AG Agricultural and is
undeveloped. The Master Plan indicates that all the property on Colleyville Boulevard is
anticipated to be developed for commercial uses in the future.
IMPACT ISSUES
1. Master Plan. This property is in Neighborhood 4, as identified in The Colleyville
Plan. The property is designated for future use as retail, commercial and office type
land uses. This request is consistent with the goals and objectives of the The
Colleyville Plan.
2. Surrounding Properties. The surrounding properties are developed as commercial
businesses.
3. Development Trends. The long-term trend for this portion of the Colleyville
Boulevard corridor is for commercial, retail and office development. The property in
the area is suitable for that type of development.
Agenda Item No.4 - Page 1
4. Infrastructure. Water and sanitary sewer services are available along adjacent
rights-of-way. The developer is responsible for the extension of utilities to the lot if
necessary.
5. Property Taxes. According to information available from the Tarrant Appraisal
District, the taxable value of the parcel is $403,668. The estimated City property tax
revenue for the property is $1,402 annually. The future property tax revenue would
depend upon the value of the building improvements to the property.
6. Sales Taxes. The development will likely generate sales tax revenue. The
proposed zoning would allow many retail users, including the proposed pet shop,
which directly generate sales tax revenue.
7. Public Notification. Staff mailed notices to 9 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: November 8,2004
City Council: December 7 and December 21, 2004
RECOMMENDATION
Approval
ATTACHMENTS
· Location & Zoning Map
· List of Property Owners Notified
Prepared by:
J~
Development Coordinator
Agenda Item No.4 - Page 2 .
Zoning Map
Z-04-038
Vester, Jesse E Etux Linda Sue
1801 Industrial Blvd.
Colleyville TX 76034
Cholla Grande Inc.
6301 Colleyville Blvd
Colleyville TX 76034
Martena DeLa Fuente, applicant
5400 Coventry Place
Colleyville TX 76034
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Grier, Michael R Dds
PO Box 663
Grandview TX 76050
Lam, Conner
1017 William D Tate Ave #101
Grapevine TX 76051
Yard Art Inc.
1709 Industrial Blvd.
Colleyville TX 76034
Reynolds, J D
6405 Colleyville Blvd.
Colleyville TX 76034
Cannedy, George Etux Joy M
2428 Brasher Ln
Bedford TX 76021
KAC Colleyville Jv.
4008 Cochran Heights Ct.
Dallas TX 75220
.~
l'exas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 8, 2004
Case G-04-020 - Review and discussion of regulations for
private streets and entrance gates Tabled 09/13/04
Update 11/08/04
Over the past several weeks, staff has been reviewing the private street and gated
development regulations contained in Chapter 10 of the Colleyville Land Development
Code and marking suggested changes in accordance with comments offered by the
Commission at prior meetings where this item has been discussed. Based on your
comments and input, the attached copy of Chapter 10 of the Colleyville Land
Development Code shows the proposed revisions to the text with text proposed for
deletion shown as "strikethrough" and new text shown with "bold-underlined" characters.
Staff received responses from several of the HOA's of private street developments from
the questionnaire that was recently mailed regarding the status of reserve funds
established for street maintenance and future street re-construction. Copies of the
responses received from those HOA's responding to the questionnaire are attached to
this agenda briefing. Responses have been received from the following HOA's:
HOA's respondinq to reserve fund Questionnaire
Beldon Hollow HOA
Clairemont HOA
Emerald Park
Montclair Pare HOA
Shalimar HOA
Strathmore HOA
Tiffany Park HOA
Thornbury HOA
At the November 8, 2004 meeting, staff recommends this item be removed from the
table for further discussion,
Update 10/11/04
This item was tabled at the September 13, 2004 meeting to allow staff an opportunity to
prepare draft revisions to the gated development regulations currently contained in
Chapter 10 of the Colleyville Land Development Code.
Agenda Item No.5 - Page 1
Staff has mailed a questionnaire to the Homeowner Association president of all gated
developments in Colleyville to obtain additional information regarding the status of any
reserve funds that have been set aside for street and drainage maintenance. The
results of the survey will not be available until November 1, 2004.
Staff recommends this item remained tabled at this time.
Staff Briefinq of 09/13/04
During a recent discussion of a proposed gated development, the City Council
expressed concern that the gated development regulations should be reviewed to
determined their appropriateness and long-term impact on the community. The City
Council subsequently requested the Planning and Zoning Commission to review the
regulations for private-gated developments and offer any recommended changes to
improve the standards.
For your information, I have attached a list of the gated developments in Colleyville.
The standards for developments in Colleyville with private streets and entrance gates
were established with the approval by the City Council of Ordinance 0-98-1105 on
October 20, 1998. The regulations establish minimum criteria for the creation of a gated
development during the platting phase of a new subdivision and for modifying an
existing public street subdivision into a private street/gated development.
The'regulations for private streets and gated developments are contained within
Chapter 10 of the Colleyville Land Development Code. Attached is a copy of these
regulations.
I have also attached a copy of a memo sent to the city manager in 1998, which helps to
explain why the current regulations were adopted.
There have been numerous articles regarding the pros and cons of gated
developments. I have attached a couple of such articles to this agenda briefing.
Prepared by:
~
M. Barry Le aron, AICP
Development Director
Agenda Item No.5 - Page 2
Subdivisions with Private Streets
Subdivisions with Private Streets
Number of Date of Area of
Subdivision Name Zoning Acres Lots Subdivision Status Private
Streets
Woodland Hills (Block 20) R20 - 27 Developed 86,747
Thornbury (Brook Meadows) R20 195.80 248 Developed
Hills Of Central Park R30 27.03 26 05/01/89 Developed
Montclair Parc R20 64.33 78 12/01/92 Developed
Lakewood Estates PUDR 30.67 85 02/17/95 Developed
SprinQ Garden PUDR 6.68 45 OS/20/97 Developed
Shalimar PUDR 19.07 31 01/01/98 Developed
The Villas at Caldwell's Creek PUDR 11.56 43 01/01/98 Developed
Tanglewood PUDR 25.96 12 05/16/00 Developed
The Sapphire Enclave R20/R30 7.36 32 01/18/01 Developed
Clairemont R20 50.38 86 03/01/01 Developed
Strathmore PUDR 8.43 14 06/04/02 Pendina Construction
Emerald Park PUDR 20.38 72 OS/20/03 Developed
Beldon Hollow PUDR 16.12 16 09/01/03 Under Construction
Tiffany Park PUDR 7.16 25 06/04/04 Under Construction
Rosewood Villas PUDR 14.76 53 08/02/04 Developed
Rockrimmon R20 12.15 13 10/05/04 Pendina Construction
Totals 517.85 906 86,747
land Develooment Code
City of Collevville. Texas
Proposed Revisions 10/27/04
Section 10-100 Purpose of This Chapter
The purpose of this Chapter is to establish regulations for gated subdivisions with privately owned streets.
Section 10-105 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the following authority:
4~. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local
Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of
land within the municipality's jurisdiction.
~~. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or
the trade and commerce of the municipality.
~~. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers
granted to municipalities by the Constitution or the laws of the State of Texas.
Section 10-110 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may request a
waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by
submitting a request using the procedures described in Chapter 1 - General Provisions of this Land
Development Code.
Section 10-115 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development
Code.
Section 10-120 ~ Procedure
~A AUTllOnlTY City Council Approval Required - No existing subdivision shall convert any public
street to a private street unless such request has been approved by +Re the City Council, after
receiving recommendations from the Planning and Zoning Commission, ClFH;i nolaiFl~ a ~YBIiQ ne3rin~,
na~ a~~rsv9a I"f-Iay ~rar;;lt a vGlFiam;e ts ails'.\' 3~~ro,..al @f a ~Iat @r rs~13t sf 3 ~YBaivisisFl v:f;Ji@n
iFl@lyaEls ~rivats streets ana entruFl@s ~atss, ~revia9a tnat tnEl sYBaivisisFl @sl"f-l~lie~ v:itn tne FRir;;lil"f-lYI"f-I
re€lYirel"f-ler;;lt~ li~tea Belo\'.' ~IYS aFlY stner r9€1Yirsl"f-ISFlts aSSI"f-I9a Fle@s~~Clry BY tne City Csyn@i1 in
srasr ts ~rste@t ~YBli@ nealtn ;;ma ~af9ty. Furthermore, no proposed subdivision plat shall include a
private street unless such plat is approved by the City Council, after receiving recommendation from
the Planning and Zoning Commission. The terms "private street" or "private streets" shall be inclusive
of streets, alleys, storm drainage systems, entrance gates and structures.
~.B Public Hearinqs Required - A public hearing shall be required by the Planning and Zoning
Commission and City Council for a request for a an existing subdivision proposing to convert a public
Chapter 10 - Private Streets & Entrance Gates
Page 10 - 1
land Develooment Code
City of Collevville. Texas
street to a witR private streets I"f-Il;lst ~e re'.'ie'.'J99 ~y tR8 PlaRRiR~ ar;;la ZSr;;liR~ C@l"f-ll"f-lis~isr;;l ar;;la City
CSYr;;lBil 'JJitt:l saBR ~eay Rsl€liR~ a ~YBIiB n8ariR~. Written notices of aU such public hearings shall be
sem mailed to aU the owners of real property ~ situated within 200 feet of the proposed private
street subdivision as listed on the last approved City tax roll \/JitR ~ri'.'ate ~trget~. Such notices to be
~ mailed not less than ten (10) days before the day set for public hearing, as listea Sr;;l tnB la~t
a~~revea City tax fell. Such notice may be served by depositing letters properly addressed and
postage paid in the City Post Office. Tne a~~li€ar;;lt '.':i11 ~8 seRt Reti€9 BY r9~istElrEla 1"f-13il. +Ae
Pliar;;lr;;liR~ ar;;la ZORir;;l~ CSl"f-ll"f-lissisR '.'JiII aet ir;;l ar;;l aavissfY €a~a€ity ts tne City CSI;lr;;lBil ir;;l tnis l"f-IattBr. f.
sl;l~aivisisR \/JitR ~FivatEl ~treets ar;;la aIlElY~ is ~ermitte€l @Rly after a ~Ral aEl€isisr;;l nas BeeR l"f-liilae BY
tnB City CSYR€il t@ iSSYEl a wivate strBElt ~erl"f-lit.
Section 10-125 Conditions of Approval
4O.6.A PlanninQ Considerations - The followina criteria shall be used as auidelines in the review
and approval of a private street subdivision.
1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used,
maintained or constructed as private streets.
2. A subdivision with private streets and alleys must not impede or cross an existing or proposed
street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final
plats.
3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or
proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on
the City's most recent Park Plan.
4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty
(80) feet of contiguous frontage upon a public street.
5. The proposed subdivision with private streets must be zoned for residential purposes in
accordance with the Colleyville Land Development Code, and contain twenty (20) single-family
lots or greater.
~.B Public Access Considerations - In addition to the above conditions of approval, the Planning and
Zoning Commission may recommend denial and the City Council may reject a request for a
subdivision with private streets if in the Commission's and Council's judgment the private streets
would negatively affect traffic circulation on public streets, impair access to properties or future
developments that are either on-site or off-site to the subdivision, impair access to or from public
facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles.
~.C Private Street and DrainaQe DesiQn and Construction Standards - Private streets must conform to
the same standards regulating the design and construction of public streets contained in this Land
Development Code. Tnese stiilRaaras sAall ir;;l€ll;Iae, Bl;lt are RSt limit99 te tAEl €ElR€rElte ~trElElt
~tar;;l€laras, er;;l~ir;;leeriR~ aesi~R ~l;IiaeliRes aRa BSR~trY€ti@R ~taRaara~ aRa getail~, ~treet Ral"f-lir;;l~ aRa
Glaar9S~iR~ ~sli€y. The drainage system must meet all the requirements of public facilities in this
Land Development Code, iR€II;I€liR~ sizir;;l~ ts €arf)' l;I~stre3m leaas, I"f-Ieterea aiS€AJ~eS, etB.
~.D Traffic Sians - All traffic regulatory signs along private streets must conform to the Texas Manual
of Uniform Traffic Control Devices.
~.E Homeowners Associations (HOA) Required - A subdivision developed with private streets must
have a mandatory HOA which includes all properties served by the private streets. The association
shall own and be responsible for the maintenance of the private streets and appurtenances. The
association's document must indicate that the streets and drainage systems within the development
are private, owned and maintained by the association, and that the City has no obligation to maintain
Chapter 10 - Private Streets & Entrance Gates
Page 10 - 2
land Develooment Code
City of Collevville. Texas
the private streets and drainage systems. Tne aElGlblI"f-lBr;;lt~ ~nall eel filea sf r8Glsra ~risr ts t!;Je a~l'lr@val
sf tnB fir;;lal ~Iat. lst aBsas I"f-Iyst @Sr;;lVBY I"f-IBmeer~ni~ ir;;l tne asseGliatisr;;l ar;;ls ~rsviaB fer tRB ~aYl"f-leRt
(;If abies ar;;la asseSSI"f-lElr;;lts re~blirea ey tRe 3~~gGliatisR. Tne 3~~sQiatisr;;l I"f-IblSt RSt ee aissElI'lBQ '.'Jitnsyt
tnB ~Fi@r wFittEm GlSr;;lSEmt sf tns City. ~Is ~Elrti@r;;l Elf tnB asssGliati@r;;l's SSGlYI"f-IBRts ~8rtair;;lir;;l~ t@ tnB
I"f-IGlir;;ltBr;;lar;;lse sf tnB ~rivClt9 ~treets aRa asseSSl"f-ler;;lts U:Jerets snail ee Gll"f-ler;;la8a v.'itnsyt tREl writter;;l
€lElRSBRt sf tnEl City.
~F Reserve Fund - The HOA shall establish a reserve fund for the maintenance and reconstruction
of the private streets, drainage facilities, and related appurtenances. The reserve fund should be
accounted for separately from other funds maintained for annual operating expenses of the
association in order to better demonstrate that the amounts deposited therein are intended for capital
improvements. The HOA shall, no later than January 31st of each year, submit to the City a copy of
the reserve fund statement for the preceding calendar year. The annual contribution to the reserve
fund shall be a minimum of $75.00 per lot, or as otherwise determined by the City Council. The City
shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic
basis to determine the need for repairs to these capital facilities. TnB City r9~Yire~ tnat tne HO.^.
el"f-l~lsy ar;;l Elr;;l~ir;;lBerir;;l~ firm t@ Elstil"f-late tnEl Q@~t @f r9~laQ8I"f-1eRt easEla Sr;;l ir;;lfl3tieR, @Fi~iRal aBsi~R aRa
@@R~trblQtisR eRa tnB e~B @f tnB fa€lilitiBS. The HOA shall repair all drainage and street facilities when
instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make
repairs to streets or drainage facilities which impact drainage up or downstream from the
development may result in the completion of needed repairs by the City with an assessment of all
costs plus interest accrued from the time the City installs the improvements until all funds are
collected. HOA documents must detail this City authority and shall not be amended without City
approval.
~.G Private Street Lot - Private streets must be constructed within a separate lot owned by the HOA.
This lot must conform to the City's standards for public street and alley right-of-way. An easement
covering the street lot must be granted to the City providing unrestricted use of the property for
utilities and the maintenance of same. This right shall extend to all utility providers including telecable
companies operating within the City. The easement must also provide the City with the right of
access for any purpose related to the exercise of a governmental service or function, including but not
limited to fire and police protection, inspection and code enforcement. The easement shall permit the
City to remove any vehicle or obstacle within the private street lot that impairs emergency access.
~.H Construction and Maintenance Cost - The City shall not pay for any portion of the cost of
constructing or maintaining a private street.
~.I City Utilities - Water, sewer, storm drainage facilities placed within the private street and alley lot
shall be installed to city standards. After completion and acceptance of such facilities, the water and
sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall
remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating
to infrastructure financing, performance bonds, developer cost participation and capital cost recovery
shall apply to developments with private streets. Any and all city executable maintenance bonds
covering subdivision construction shall be transferred to the HOA upon approval of the private street
subdivision by the City Council.
~.J Plans & Inspections - Proposed subdivision with private streets must submit to the City the same
plans and engineering information required to construct public streets, utilities and related
appurtenances. Requirements pertaining to inspection and approval of improvements prior to the
City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply.
The City shall have the right to inspect the private streets and related appurtenances at any time, and
require the HOA to provide the repairs needed to ensure emergency access. The City Council shall
be the final judge of whether such repairs are needed.
~.K Access Restrictions - Guard houses, access control gates and cross arms may be constructed.
All restricted access entrances must be manned 24 hours every day, or provide an alternative means
of ensuring access to the subdivision by the City and other utility service providers with appropriate
identification. If the HOA fails to maintain reliable access as required to provide city or utility services,
the City shall have the right to enter the subdivision and remove any gate or device which is a barrier
..........................-......-........ ..... ......................... ...............................................
Chapter 10 - Private Streets & Entrance Gates
Page 10 - 3
land Develooment Code
City of Collevville. Texas
to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's
documents must contain provisions in conformity with this paragraph which must not be amended
without the written consent of the City.
~.L Restricted Access Entrance Desiqn Standards - Any private street which has an access control
gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of
the access control device. If an overhead barrier is used, it must have a minimum height above the
road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and
access control devices, including automatic opening systems and manual backup systems, must
meet City guidelines or policies and must be approved by the City prior to installation. The gates,
cross arms and opening devices must be tested and accepted by the City prior to being put into
operation. Gate designs may incorporate one or two gate sections to meet the required minimum
width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that
necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if
approved by the City, but in no case shall any single gate or street pavement have a clear opening of
less than 18 feet in width nor fourteen (14) feet in height. (0-00-1261/12/19/00)
All restricted access entrances shall be equipped with the Opticom gate opening system. The system
shall be maintained by the HOA in good working condition at all times.
.w.e.M Visitor Entrance Desiqn Standards - At least one entrance per subdivision with private streets
must be equipped for visitor access. In addition to the above Restricted Access Entrance Design
Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet
from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The
City reserves the right to require the developer to provide a detailed study to determine if the traffic
generated by the proposed development will warrant the call or code box to be set back greater than
the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. A
turn-around space with a minimum outside radius of 30 feet must be located between any call or code
box and access control gate or cross arm to allow vehicles denied access to safely exit onto public
streets in a "head out" position. A sign must be erected next to the edge of such turn around space to
prohibit vehicle parking in such space. Residents entrance used in combination with a visitor
entrance shall comply with the requirements of this paragraph.
~.N Resident On Iv Entrance Desiqn Standards - In addition to the above Restricted Access Entrance
Design Standards, an access control gate or cross arm that requires residents to use a key, card or
code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to
provide for automobile queuing. Resident entrances equipped with an electronic opener that allows
residents to remotely open the control access gate or cross arm and enter the subdivision without
having to stop are exempted from this requirement. A sign must be erected next to any resident
entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide
a turn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only
and not for visitors.
~.O Hold Harmless - The subdivision final plat and the HOA's documents must contain language
whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify,
defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and
against any and all claims or suits for property damage or loss and/or personal injury, including death,
to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in
connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access,
utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and
employees; b) the condition of the private streets, private street lights, private entrance gates or
structures, private walls or fences, private pedestrian access, private storm drainage systems and
emergency access; or c) any use of the subdivision with private streets by the City, its officers,
agents, licensees, servants and employees for any purpose related to the exercise of a governmental
function or service, whether or not caused, in whole or in part, by alleged negligence of officers,
agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA
shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those
portions of the HOA's documents pertaining to the subject matter contained in this paragraph must
not be amended without the written consent of the City.
Chapter 10 - Private Streets & Entrance Gates
Page 10 - 4
land Develooment Code
City of Collevville. Texas
~.P Revocation of Private Street Permit - The City Council, after giving a sixty (60) day notice to the
HOA, its successors or assignees and after holding a public hearing, may revoke a private street
permit issued to a subdivision with private streets if the Council finds that the private street permit was
obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The
revocation of a private street permit shall give the City the right to inspect the private streets and levy
an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Said
assessment shall constitute an assessment lien upon the lot against which each assessment is
made. The City Council shall be the final judge of whether repairs are needed. The City shall also
have the right to require, at the HOA's expense, the removal of guard houses, access control devices,
landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the
HOA will forfeit to the City the remaining balance of the reserve fund established for the maintenance
and improvement of all streets and utilities within the subdivision. If the reserve fund is insufficient,
the lot owners will be assessed the difference for appropriate maintenance. The HOA's documents
must provide for the City's right to require said assessment and removal of improvements. Those
portions of the HOA's documents pertaining to the subject matter contained in this paragraph must
not be amended without the written consent of the City.
~.Q Petition to Convert to Public Streets - The HOA may petition the City Council to accept private
streets as public streets and right-of-ways upon written notice to all HOA members and upon receipt
of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no
event shall the City be obligated to accept the private streets as public. Should the City Council elect
to grant the petition, the City shall have the right to inspect the private streets and estimate the
expense of repairing the private streets and removing gates, guard houses, access control devices,
landscaping or other amenities located within the private street lot. The City shall be the final judge of
whether repairs are needed to the private streets prior to acceptance. Before approval by the City
Council, the petitioners or their designee must contract with the City for payment of 100% of the City's
estimated expenses.
~.R Petition to Convert to Private Streets - The homeowners may petition the City Council to convert
public streets to private streets upon written notice to all the neighborhood's members and upon
receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval.
A subdivision petitioning to have private streets must have a mandatory HOA which includes all
properties proposed to be served by the private streets. However, in no event shall the City be
obligated to convert public streets to private streets. Should the City Council elect to grant the
petition, the City shall receive documentation of an acceptable plan whereby a reserve fund of the
appropriate amount is set up for implementation by the HOA.
~.S City Attornev Review - All HOA's documents must be reviewed and approved by the City Attorney
to ensure that they conform to this and other applicable City policies prior to being filed of record at
the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review.
~. T Subdivision Plat Requirements - The plat dedication certificate and conditions of approval shown
in the attached Exhibits "10-A" and "10-B" must be provided in all final plats for subdivisions with
private streets."
10.6.U Permit Fee - To defray the cost of processing the application, and maintaining City owned
electronic emergency equipment, a ~artially r€lf~r;;laaele an application fee of $700 shall be paid prior
to schedulinq the application for public hearin~ ~r9~eRtoa Y~Sr;;l a~~Ii@atisr;;l fer 61p~reval @f a ~rivato
street sYeaivi~isR If tnEl a~pli@ati@r;;l. is aer;;liea l;ly City C@Yr;;l@il, $809 snail ee refYr;;laea to tne
appli@ant."
EXHIBIT "10-A"
PLAT DEDICATION CERTIFICATE
Chapter 1 0 - Private Streets & Entrance Gates
Page 1 0 - 5
Land Develooment Code
City of Collevville. Texas
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT:
THAT , acting by and through the undersigned, its duly authorized
agent, does hereby adopt this plat designating the hereinabove described real property as
, an addition to the City of Colleyville, Tarrant County, Texas,
and does hereby dedicate to the public's use the emergency access and utility easements shown thereon
subject to the conditions of approval stated herein.
WITNESS MY HAND at Colleyville, Tarrant County, Texas, this
day of
,199_.
(provide name and title)
EXHIBIT "10-8"
CONDITIONS OF APPROVAL:
1. Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners
Association (HOA) of . No building permit will be issued for Lot 1,
Block A.
2. The landowners and any subsequent owners of lots shown herein (the DLot OwnersD), jointly and
severally, shall be responsible and liable for the construction, operation and maintenance of any
private common areas or facilities in the addition created herein (the DAdditionD), including but not
limited to private streets, private entrance gates or structures, private walls and fences, private
pedestrian access, private storm drainage systems, private lake, private open space and
landscaping, and emergency access.
3. A HOA shall be established by the subdivider or developer to operate andlor maintain the
aforementioned private common areas or facilities.
4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the
aforementioned private common areas or facilities. The City will maintain only the public water and
sewer systems in utility easements accepted by the City.
5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the
aforementioned public water and sewer systems in utility easements accepted by the City.
6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to
and from and upon the utility easements shown herein for the purpose of construction, reconstruction,
inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems.
Except for private storm drainage systems, private streets and related entrance gates or structures
that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements
or growths shall be constructed or placed upon, or across said public utility easements. Any public
utility entity, including the City, shall have the right to remove and keep removed all or parts of any
buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way
endanger or interfere with its respective systems within said utility easements.
7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that
impairs emergency access in the emergency access easements shown herein.
8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to
and from and upon the private access easements shown herein for any purpose related to the
exercise of a governmental service or function.
Chapter 10 - Private Streets & Entrance Gates
Page 10 - 6
land Develooment Code
City of Collevville. Texas
9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities
for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or
structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata
share formula.
10. The construction, reconstruction or repair of any private streets within the Addition must meet the
approval of the City Engineer and comply with the specifications of the City for public streets at the
time of construction, reconstruction or repair. The construction, reconstruction or repair of any
entrance gate and structure for the Addition must meet the approval of the Engineering Department
and Fire Department of the City.
11. The installation or replacement of all traffic regulatory signs along the private streets must conform to
the Texas Manual of Uniform Traffic Control Devices.
12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS
ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: A) THE REASONABLE USE OF THE
PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR
STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND
EMPLOYEES; B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR
STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE
STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR C) ANY USE OF THE ADDITION
BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY
PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE
FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH.
Section 10-130 Amendments to This Chapter
Reserved for listing of amendments to this Chapter.
Ord. Number
0-00-1261
Date
12/19/00
Sub'ect
Restricted Access Entrance Oesi n Standards
Chapter 10- Private Streets & Entrance Gates
Page 10 - 7
.'
Survey of Collevville Private Street/Gated Entry Developments
Please provide the following information.
Name of HOA or development:
Be L-~ fhz,l,.o:n'~
1. Has your HOA established a reserve fund for the maintenance and reconstruction of the
private streets and drainage facilities within your development?
Yes..x NO
Other (explain)
2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, are the funds accounted for separately from
other funds?
Yes
NO
Other (explain) fJ 0
FV\~ IbWe
~ c....o u.~ '1 t"':'r i B ~ ~ L4 I \.-C; ne- ~ ~
3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, what is the annual amount per lot contributed
to thereserve fund earmarked for street maintenance and reconstruction.
d. 7< r
4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the
original design and construction of the street and drainage facilities?
Yes NO 'jJ Other (explain)
Return by November 1, 2004 to:
Barry LeBaron
Development Director
City of Colleyville
100 Main Street
Colleyville, TX 76034.
Survey of Collevville Private Street/Gated Entry Developments
Please provide the following information.
Name of HOA or development:
eL.kl~,tr
l-'-.j\ . I ,J C-.
I
1. Has your HOA established a reserve fund for the maintenance and reconstruction of the
private streets and drainage facilities within your development? .
Yes~ NO
Other (explain>
2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, are the funds accounted for separately from
other funds?
Yes ~ NO
Other (explain>
3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, what is the annual amount per lot contributed
to the reserve fund earmarked for street maintenance and reconstruction.
tl..7S........
4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the
original design and construction of the street and drainage facilities?
Yes NO -X- Other (explain>
Retum by November 1, 2004 to:
Barry LeBaron
Development Director
City of Colleyville
100 Main Street
Colleyville, TX 76034.
Nov 02 04 12:05p
18/25/2804 88:89
Remln~ton Park Realt~
t:f I-' -~t:f I-"U-/~
p.~
PAGE 02
B172820481
MlJAI( ~
SlJI'Vev of Coli_wille Private StreetIGated Entry DewloDmenls
Please provide the fotlowing infolln8tion.
Name of HOA or devefopment .E::',"'lt;~\ ~ ...1(
1. Has your HOA estabtished a teserve fund for the. maintenance and reconstruction of the
private streel$ and drainage facllities within your deYeIop"ment?
Yes l NO _ other (explain)
2. If your HOA has a reserve fund for the maintenance and reconstructiOn of the private streets
and drainage .fctoilties wiChin your development am the fundS accouMed for separately from
other funds?
Yes .::L NO _ Other (explain)
~ J 4 '">-~~'" -\ 7. ~ f .., '1 ~ ~
\:J ",'-\\ .....~ ~. ~'V.....~ t~ "'. \v. ~ ,,,... ) ~,~ ~(l.J.O
3. .If your HOA has 8 reserve fund for the maintenance and reeonstruction Of ~ private streets
and drainage facilities within your development. what Is the annual amount per lot contributed
to the reserve fund earmarked for street maintenance and reconstruction.
<;J
I~
4. Has .your HOA ever employed an engineer to estimate the cOst of replaCement based on theeoriginal design and construction of the street and drainage faciities?
Yes -A NO
other (expfain)
Return by November 1, 2004 to:
Barry LeBaron
Development Director
City of ColleyviUe
100 Main Street
CoIleyvil/e, TX 76034.
Survey of Collevville Private Street/Gated Entry Developments
Please provide the following information.
Name of HOA or development: Iv? p N'1' Co t.. A I ~ -p A (2.. l!...
1. Has your HOA established a reserve fund for the maintenance and reconstruction of the
private streets and drainage facilities within your development?
YesY NO
Other (explain)
2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, are the funds accounted for separately from
other funds?
Yes..2( NO Other (explain)
CI/Il..1l.6J./"'f' pvNO ~A'-A-NcC IS # /'11 ~ ~F.oi>
3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, what is the annual amount per lot contributed
to the reserve fund earmarked for street maintenance and reconstruction.
f3J. ,S- / L/J7' / 'ftAIz. ( -f. Z, )"pt;> / ifl2.4/l.. ~ ?CJ l,b'1"S J
4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the
original design and construction of the street and drainage facilities?
Yes NO...2{ Other (explain)
t#G. !lAve Hrrt" ~N~ AU E~/I'I~b2-/N4. eS7P'f1A?&.i ~E~
0(//2.. S v (!, fJJ VI f p N S 7' IlG t. ...." .5 /.M..~ (!4;>'" ~ --r t. te,;!-II t:./of
,/fr,vt../J ~lvl: THGm A LoN.~ LIFe. W/'r'# l. f?,--rU-
M A I Nt' ~ foIA,., e6 (!,o-yJf 1,4I2.lJ; '7t> A s I #4'z-""- S." IUc .-rS.
Return by November 1, 2004 to:
Barry LeBaron
Development Director
City of Colleyville
100 Main Street
Colleyville, TX 76034.
Survey of Collevville Private Street/Gated Entry Developments
Please provide the following information.
Name of HOA or development: S q fJ (J l-t t r ~
tz^c lCLv--t
1. Has your HOA established a reserve fund for the maintenance and reconstruction of the
private streets and drainage facilities within your development?
Yes NO ~ Other (explain>
2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, are the funds accounted for separately from
other funds?
Yes NO ~ Other (explain>
3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, what is the annual amount per lot contributed
to the.reserve fund earmarked for street maintenance and reconstruction.
rJ IA
4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the
original design and construction of the street and drainage facilities?
Yes NO ~ Other (explain>
Return by November 1, 2004 to:
Barry LeBaron
Development Director
City of Colleyville
100 Main Street
Colleyville, TX 76034.
Survey of Collevville Private Street/Gated Entry Developments
Please provide the following information.
Name of HOA or development: <;' hC\ \" rn ctc-
~~
1. Has your HOA established a reserve fund for the maintenance and reconstruction of the
private streets and drainage facilities within your development?
Yes ~ NO Other (explain>
2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, are the funds accounted for separately from
other funds? .
Yes X NO
Other (explain>
3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, what is the annual amount per lot contributed
to thereserve fund earmarked for street maintenance and reconstruction.
~4000.. oU,/ 7 r_
4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the
original design and construction of the street and drainage facilities?
Yes NO~ Other (explain>
Return by November 1, 2004 to:
Barry LeBaron
Development Director
City of Colleyville
100 Main Street
. Colleyville, TX 76034.
Survey of Collevville Private Street/Gated Entry Developments
Please provide the following information.
Name of HOA or development: ~~
1. Has your HOA established a reserve fund for the maintenance and reconstruction of the
private s~ts and drainage facilities within your development?
Yes L NO _ Other (explain) .
Lt.h lui~
2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, are the funds accounted for separately from
other fun,
Yes -V" NO _ Other (explain>
td~ lUiu..
3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, what is the annual amount per lot contributed
to the. reserve fund earmarked for street maintenance and reconstruction.
'" 7{; oc)
4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the
original design an7nstruction of the street and drainage facilities?
Yes NO Other (explain>
p~iJ ~SllJcdt~
Return by November 1, 2004 to:
Barry LeBaron
Development Director
City of Colleyville
100 Main Street
. Colleyville, TX 76034.
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Survey of Collevville Private Street/Gated Entry Developments
Please provide the following information.
Name of HOA or development:
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1. Has your HOA established a reserve fund for the maintenance and reconstruction of the
private streets and drainage facilities within your development?
Yes /' NO Other (explain)
2. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, are the funds accounted for separately from
other funds?
Yes NO~' Other (explain)
3. If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage facilities within your development, what is the annual amount per lot contributed
to the reserve fund earmarked for street maintenance and reconstruction.
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4. Has your HOA ever employed an engineer to estimate the cost of replacement based on the
original design and fonstruction of the street and drainage facilities?
Yes NO J Other (explain)
Return by November 1, 2004 to:
Barry LeBaron
Development Director
City of Colleyville
100 Main Street
Colleyville, TX 76034.
Oct 29 04 01:53p
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Remin~ton Park Realt~
817-581-4075
~6/25/2004 08:09
8172828401
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Survey of CollewiUe Private StnetIGatacI Entry Dwetoaments
Please provide the following infonnation.~ _~
Name of HOA or dtMi!Iopment \ "
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1. Has your HOA atabfished a reserve fund for the maintenanCe a~ reconstruction of the
private streets and drainage facilities within your deVelopment?
Yes 1\. NO _ Otner (explain)
2. It your HOA has a reserw fund for the maintenance and reconstruction of the private streets
and drainage fadlities within )OUr develcpmenl are the funds accounted for separately from
other funds?
Yes J NO _ Other (explain)
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3. .If your HOA has a reserve fund for the maintenance and reconstruction of the private streets
and drainage faciities wilhin your deve/opment. what is the annuaJ amount per lot contributed
to the reserve fund earmarked for street maintenance and nKXltlstruc:;tion.
4
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4. Has .your HOA ever employed an engineer to estimate the cOst of replacement based on the
original design and construction of the street and drainage faciities?
Yes ^- NO Other (explain)
Return by November 1, 2004 to:
Sany leBaron
Development Director
City of Colleyville
100 Main Street
Colleyvirre. TX 76034.
p.2
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