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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-12/13/2004 city or Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, December 13, 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 Edwards PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 22,2004 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-04-043 - Minor plat of Huggins Addition, 0.79 acres located at 700 Shelton Drive, Abstract No. 1692, Tract 2F6 PUBLIC HEARING AGENDA ITEMS 2. Case Z-04-040 - PUBLIC HEARING - Zoning change from R30 to R20 on Block 1, Lot 29R Westcoat Place Addition located at 6002 Westcoat Drive 3. Case Z-04-041 - PUBLIC HEARING - Zoning change from AG to R40 and R20 on 3.67 acres located at 1209 Tinker Road, Abstract No. 331, Tract 2C of the A.J. Caldwell Survey 4. Case Z-04-042 - PUBLIC HEARING - Zoning change from AG to R40 and R20 on 4 acres located at 512 Shelton Drive Planning and Zoning Commission Agenda -December 13, 2004 Page 1 of 2 5. Case Z-04-043 - PUBLIC HEARING - Zoning change from AG to R40 on 10 acres located at 600 Shelton Drive STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS The following items were received on the last case submittal deadline: COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Posted: Friday, December 10, 2004,4:30 p.rn. by Amy Shelley, Planning and Zoning Assistant Planning and Zoning Commission Agenda -December 13, 2004 Page 2 of 2 .$ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - November 22, 2004 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Thomas Dolan, Dave Dudziak, Thomas Bartkowski, Luann Edwards, John Blassingame, and Denis Duffy were present. Commissioner Jeff Byerly was absent. Barry LeBaron, Clayton Husband, Amy Shelley and Fire Marshal Jeff Jones from staff were present. City Attorney, Ross Foster was also present. INVOCATION The invocation was given by Commissioner Dudziak. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES The corrections made for the November 8, 2004 minutes were as follows: Page 7, paragraph 6 - "where" changed to "were" Page 7, paragraph 8 - "stated to" changed to "asked" and in the second sentence 3rd word from end "is" changed to "are" Page 15, paragraph 10 - The whole paragraph was reworded and now states "Commissioner Edwards stated that looking at each subdivision case by case should not be, because Colleyville did not want a gated community upon a gated community. Those communities would take away from the rural atmosphere that so many people love and the reason for the way the ordinance is stated. What ever number is used for subdivisions, the City Council needs to stick to the ordinance stating that subdivision's number. Commissioner Duffy moved to approve the minutes of the November 8, 2004 meeting with suggested changes. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Edwards Nay: None Planning & Zoning Commission Minutes - November 22, 2004 Page 1 of 11 CITIZEN COMMENTS None AGENDA ITEMS 1. Case P-04-042 - Minor Plat of Sandlin Estates Addition, 4.88 acres located at 1801 Oak Knoll Clayton Husband presented the case and briefed the Commission. Commissioner Duffy stated according to the drawing there is an easement next to the creek; however, the property is not on the creek. Is this easement a requirement? Clayton Husband responded the property is not on the creek and the proper changes have been made on the plat. Commissioner Duffy made motion to approve Case P-04-042. Commissioner Bartkowski seconded The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Edwards Nay: None 2. Case Z-04-039 - PUBLIC HEARING - Zoning change from AG to R40 on 4.69 acres located at 7300 John McCain Road Clayton Husband presented the case and briefed the Commission. Commissioner Duffy questioned Lot 2R, the upper lot, has to be 14 feet from the ROW of John McCain, but on the bottom, the plat does not show that. In driving the area, he did not see a variance in the road going through, same curb line or side line. Commissioner did receive a letter from David Bagwell, Old Grove Limited Partnership Ltd, in support of this request. The letter is also addressed to all members of the P&Z. On Lot 1 R, the southern lot along the creek, there seems to be a large drainage easement along the southeast corner. Will this be addressed at the time it is platted and permitted? Clayton Husband responded correct. They have not applied for the subdivision plat and at that time easements and ROWs will be reviewed. Commissioner Edwards stated there is a large amount of drainage that comes from the west. Commissioner Edwards opened the public hearing at 7:14 P.M. Grady Walker, 7309 John McCain- Stated he is in favor of the request. There being no one wishing to speak, the public hearing was closed at 7:15 P.M. Commissioner Dolan made motion to approve Case Z-04-039. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Edwards Planning & Zoning Commission Minutes - November 22, 2004 Page 2 of 11 Nay: None 3. Case Z-04-036 - PUBLIC HEARING - Amendment to the Land Development Code regarding community special event regulations Barry LeBaron presented the case and briefed the Commission. Commissioner Edwards questioned Section 2, number 4d, Real Estate Sales Office. What happens when there are three phases to a development? Barry LeBaron stated the temporary offices will be moved or use the same building till all phases are complete. Commissioner Edwards questioned Section 3, regarding Temporary School Classrooms, has that section been removed? Barry LeBaron responded correct, staff recommends removing the section because this process is taken directly to City Council. Commissioner Edwards questioned if the ordinance should state a minimum number of people for special events attendance or a cut off number instead of it stating "under 500". Barry LeBaron responded that having a special outdoor event on vacant lots or generating heavy traffic would trigger the need for a Special Event Permit. Commissioner Edwards questioned if staff feels this would this is sufficient? Barry LeBaron responded yes. Commissioner Dudziak questioned if this only applies to private property? Barry LeBaron responded this would apply any where in the community. Commissioner Dudziak stated public use, space, parks, and baseball diamonds are all these covered by this. Barry LeBaron stated, no, these events stated are all recreational events, not special events. Commissioner Dudziak questioned tournaments or special Olympic events, would these require the special event permit? Barry LeBaron responded correct, if these events are to be held on private property, not city owned then they would require the special events permit. Commissioner Dudziak stated the ordinance needs to be clearer on who would or would not need these special events permits. Barry LeBaron stated those changes can be made. Commissioner Duffy questioned staff about paragraph 6 on page 5 in regards to tents - Can the Fire Department withdraw the permit if the Building Official has approved the permit? Barry LeBaron responded that if another municipal department does not approve with the issuing of the permit, then the Building Official may pull the permit at any time. All departments have the authority to disapprove of a permit. Commissioner Dolan questioned staff for clarity, in regards to the Real Estate Sales Office section on page 3, could a person who is building his house move a mobile home in on that property and live in that mobile home while his house is being constructed? Barry LeBaron responded no; in fact that language is in the ordinance already. Commissioner Dolan questioned if it restricts living quarters in those offices? Barry LeBaron responded to this point, there has not been an issue, but if needed, it can be stated clearer in the ordinance. Planning & Zoning Commission Minutes - November 22, 2004 Page 3 of 11 Commissioner Edwards stated it does define the uses for these particular offices and would be enforced as such. Attorney Foster concurred. Commissioner Dudziak questioned the 70% rule in Section 4d, Real Estate Sales Office, and any particular reason for the 70%? Usually the builders want to keep those offices up until developed. Should the ordinance state the builders need to move into a spec home instead of 70% completion? Barry LeBaron stated not sure when the 70% rule became into effect. Commissioner Edwards responded it has been understood to the builders the permit would only be valid once they have 70% completion or the 18 months, which ever occurs first. This rule is a guide line to be used by the city so that the builders would have to come back and report as to why it is taking longer to complete the project. Commissioner Dudziak stated the language needs to be stated so that the builders will know exactly what they are supposed to do. Commissioner Duffy stated paragraph e of Section 4, Real Estate Sales Office, reads "model homes are exempt". Commissioner Dudziak responded, correct, however, we are letting them have the temporary building up through 70% of construction, why not let them have it up for 90% of construction? If we want to force the builder to have to build a model home, then the percentage should be much lower. Barry LeBaron stated this particular section has not been one for strike through. If the Commission wants to make modifications, I suggest taking out the 18 months and making the percentage 90. Because the market is not as stable and homes do not move as fast, it takes more time for a subdivision to be developed so to take out the 18 month time frame and change the percentage to 90%, is a fair adjustment. Commissioner Duffy questioned if there is any history available. Barry LeBaron responded no history is available. Commissioner Edwards stated the 90% seems to be a fair adjustment. Commissioner Duffy stated for clarity, this is the developer's office, not a real estate office? Barry LeBaron stated this is just for the temporary sales office. Commissioner Blassingame questioned if the 18 month time frame is taken away what is the likelihood we would have a temporary facility there for a longer period of time and then have issues of appearance? Commissioner Edwards opened the public hearing at 7:35 P.M. There being no one wishing to speak, the public hearing was closed at 7:35 P.M. Commissioner Edwards stated if we have a subdivision and it has taken a long time to develop, keeping the 18 month time frame allows some flexibility for the city to be able to question the developer. Commissioner Edwards suggested leaving the 18 months and changing the 70% to 90%. Commissioner Dudziak questioned page 2, letter I, should this be reworded for clarity? Barry LeBaron responded no. Commissioner Dudziak stated for clarity to Planning & Zoning Commission Minutes - November 22, 2004 Page 4 of 11 make the language as clear as possible. Attorney Foster stated misrepresentation would have to be done intentionally. Commissioner Dudziak questioned if this ordinance would be the one to use for the landscaping of those temporary buildings? Barry LeBaron responded yes. Commissioner Dudziak stated there should be landscaping requirements to keep these temporary buildings from looking old and dingy. Commissioner Edwards stated most offices usually look nice, but that is probably a good idea. Barry LeBaron stated landscaping requirements could be added. Commissioner Dudziak questioned if other parts of the code cover the requirements for electrical permits and so forth. Barry LeBaron stated other parts of the code cover those issues. Commissioner Dudziak questioned Section 2c, "10 days"; the language should read "weather permitting". Commissioner Edwards responded 1 0 days is reasonable as long as it has not been raining for 1 0 days. Commissioner Dudziak concurred. Commissioner Dudziak questioned for clarity the non profit organizations for special events. Does this include Homeowner's Associations? Barry LeBaron responded only if a HOA wanted to have an event, with significant amount of people, or create traffic or safety issues. Commissioner Dudziak even if the event is held on a public piece of property? Barry LeBaron responded correct. Commissioner Dudziak stated that the 180 day rule as stated in Section 5 on page 4 of 6, would not apply to Ross Downs because they have events closer together than the 180 days. Commissioner Duffy questioned Commissioner Dudziak if permits are applied for those events? Commissioner Dudziak responded the HOA reserves Kimzey Park through the Parks Department. Commissioner Duffy questioned staff if this is considered a permit? Barry LeBaron responded that if the Parks Department approves the rental for this event, the permit is not applicable because a city department can deem, where necessary, reasons for permits for city property. Barry LeBaron questioned Commissioner Dudziak if the HOA coordinates with the Fire or Police departments when such a large crowd attends? Commissioner Dudziak responded no, but should they? Barry LeBaron responded it being a good idea to coordinate with those departments to insure public safety. Commissioner Dudziak stated these departments were invited to attend. Barry LeBaron stated then they knew about the event. Attorney Foster stated that when a city department has authorized an organization to use city property for an event then this ordinance does not govern this particular use, the event will be governed by what ever the city deems appropriate for that event. Commissioner Dudziak questioned Attorney Foster if the reservation of city property is the same as a permit? Attorney Foster responded what ever process you go through with the city and they authorize the event, then yes. This ordinance does not govern those particular uses. The ordinance governs uses out side of that purview. Planning & Zoning Commission Minutes - November 22, 2004 Page 5 of 11 Barry LeBaron questioned Attorney Foster if the language should state excluding municipal property. Attorney Foster responded could for purposes of clarity. Commissioner Dolan questioned staff if this ordinance would apply to a developer in a high scale development with the intention to turn the temporary sales office building to a club house, maybe even add a swimming pool? Would he still have to remove the building? Barry LeBaron stated the building would then be considered a permanent building. Therefore, the building would have to be outlined in the PUD, which is not part of the permitted use in a straight zoning case. Commissioner Dudziak questioned staff about the other city departments being involved in the approval of a permit. Barry LeBaron responded it is an administrative process. Commissioner Dudziak questioned staff if this process needs to be stated in this ordinance? Barry LeBaron responded the language is that the building official is authorized to prescribe reasonable conditions upon a temporary use to protect the public's general safety and as part of that process; he will be contacting the other departments. Commissioner Dudziak questioned if this process is written down? Barry LeBaron stated no, this is the first time we will have a clear policy. Commissioner Dudziak stated there needs to be a clear format for applying for these permits. Barry LeBaron stated the city has a lengthy ordinance for events over 500 people that was developed in the 70's and now that Colleyville has developed, the open land is not available to accommodate these events. This ordinance is for smaller events because larger events go directly to city council. Commissioner Dudziak questioned Attorney Foster if this ordinance applies only to organizations within the city and what happens if organizations out side the city apply? Attorney Foster stated it appears there are no provisions in this ordinance for someone outside the city to apply. Commissioner Dudziak stated it would be allowed. Attorney Foster responded no, it would not be permitted unless it was allowed. Therefore, if no procedure is outlined, it is not allowed. Commissioner Blassingame questioned for clarity on page 4 of 6, the first paragraph states "public entity, civic or non-profit organization located within the city" does that mean the event located in the city or the organization located in the city? Barry LeBaron responded the organization must be located in the city. Commissioner Blassingame stated then that sentence clarifies whether or not the event could be held in the city. Barry LeBaron responded the Building Official can tell the group, located outside the city, to go to city council for approval. Commissioner Dudziak questioned staff if this ordinance should organizations, outside the city, approach the city council for approval? Barry LeBaron responded the language is in this ordinance, on page 2 paragraph 2. Commissioner Edwards made motion to approve Case Z-04-036 stating the changes as follows: Paragraph 4d, 70% to 90%; Section 2c add "weather permits", to add language excluding municipal property and the reasonable landscaping for temporary buildings. Commissioner Duffy seconded with amendments. Planning & Zoning Commission Minutes - November 22, 2004 Page 6 of 11 The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Edwards Nay: None 4. Case Z-04-035 - TABLED ITEM - Zoning change from AG and R40 to PUD-R on 10.2 acres located at 909-1009 Lavaca Trail Commissioner Bartkowski made motion to remove this item from table. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Dolan, Bartkowski, Blassingame, Duffy and Edwards Nay: Dudziak Clayton Husband presented the case and briefed the Commission. Commissioner Dudziak stated wanting to hear from applicant. Mark Comis applicant, 7420 Comis Dr, North Richland Hills came forward for questioning. Commissioner Duffy questioned Mr. Comis based on the drawing, which Lot does the water impose upon Mr. Mittag's lot? Mr. Comis stated the water on Lots 22, 23 and Lots 17, 18. We assured the neighbors we would address all drainage issues. Commissioner Duffy questioned how does the water get to the detention ponds? Mr. Comis responded he has discussed with the Emerald property owners an easement. Commissioner Duffy questioned Mr. Comis, do you have an easement? Mr. Comis stated we have one verbally. There is already an easement; we just need a larger one. Commissioner Duffy stated he wants to see a hydrology report to see how the water gets to the detention pond and then how it will get to the Emerald Park detention areas. Delbert Stein bridge- Engineer for Mr. Comis stated they will address all drainage requirements when it is time to finish the final design and those designs will meet all city specifications. Commissioner Duffy questioned Mr. Stein bridge about the detention pond in the southwest corner, of the 13.52 percentage of open space, how much of that is pond? Mr. Steinbridge responded he did not know what the actual percentage is. Commissioner Dudziak questioned Mr. Steinbridge the percentage of open space that is in the medians? Mr. Steinbridge responded 1.1 acres. Commissioner Dudziak stated the plan shows 1.38 acres total. Mr. Stein bridge responded he thinks that is what staff, Clayton Husband calculated. Commissioner Edwards questioned staff if they calculated the 1.38 acres? Clayton Husband responded correct. The medians account for 40% of the open space and the lot at the bottom accounts for 60% of the open space. Commissioner Dudziak questioned Mr. Com is if there is some reason why he cannot get the 20% open space requirement stated in the PUD ordinance? Mr. Comis Planning & Zoning Commission Minutes - November 22, 2004 Page 7 of 11 . stated they feel they could, but those plans are not as desirable as the layout being proposed. We would like to offer our customers larger lots, if feasible. Commissioner Dudziak questioned Mr. Comis if maybe they are planning to shorten up the lots or widen the medians along the perimeters. Mr. Comis stated correct. Commissioner Dudziak questioned Mr. Comis' reading of the PUD open space ordinance not to be congruent open space for public use? Mr. Comis responded it is congruent. We can place brick pathways between some of the medians with benches that would lead to the picnic park are in the southwest corner. Commissioner Dudziak questioned Mr. Comis as to the width of the medians? Mr. Comis responded the medians are 39 feet. Commissioner Bartkowski questioned Mr. Comis if this plan shows one street or two? Mr. Comis responded one street, but wide. Commissioner Bartkowski questioned one way down and one way back up? Mr. Comis responded correct with cross over. Commissioner Bartkowski questioned the width of street? Mr. Comis responded the street is 31 feet on each side. Commissioner Bartkowski questioned if that is a typical size? Mr. Comis responded yes. Commissioner Edwards stated since the streets are not together, parking has to be allotted on each side of the street. Commissioner Bartkowski questioned Mr. Comis about the depth of the cul-de-sac? Mr. Comis responded overall somewhere between 1,000 and 1,020 feet. Commissioner Bartkowski questioned Mr. Comis why are you trying to get this zoned PUD-R, why not do a straight zoning? Mr. Comis responded we like the PUD because we can get a better lot yield and could take the home and push them to one side so that they could have rear entry garages. Commissioner Bartkowski questioned staff if that particular design for a garage is restricted in any other zoning? Clayton Husband responded there are no restrictions for the placement of the garage. Commissioner Bartkowski questioned Mr. Comis if there were any other reasons why wanting the PUD-R. Mr. Comis responded it allows for us to do so with the garage placement and also maximize the lots. Commissioner Bartkowski stated the PUD-R allows for mixed land use, different sized lots. All of your lots are basically the same. Mr. Comis responded no, on the court they are different, but the majority are the same size. Commissioner Edwards questioned staff about the drainage issue on the lot at the bottom. Clayton Husband responded the drainage issue will have to be addressed; however those reports are usually not done until after the zoning case is approved. Commissioner Dudziak stated the calculations, on the detention pond area, have a great deal of weight on whether or not this case is approved, because the bigger the detention pond the smaller the recreational space that will be available. Therefore, it is not fair to Mr. Comis if we do not have calculations on those detention ponds, to make a fair decision. Commissioner Edwards stated having issue about where this zoning is being Planning & Zoning Commission Minutes - November 22, 2004 Page 8 of 11 requested. This is a very dense community wanting to be placed in an area that is essentially estate properties. Commissioner Bartkowski concurred with Commissioner Edwards. Commissioner Edwards stated if the community were pushed more to the west where the proposed buffer zone is going to be, then she would consider this community. However, as it is requested, it cannot be considered. Commissioner Dudziak made motion to open this case into a public hearing and Commissioner Dolan seconded. The vote was unanimous by acclamation. Commissioner Edwards opened the public hearing at 8:15 P.M. Judy Ruggere, 1013 West Lavaca Trail, I have no objections as to what the neighbors are trying to do. We do have concerns with the water shed and have for many years. I have no objections as to improvements for this area. Danny Ogle, 1009 West Lavaca Trail, I believe the Master Plan has this area as a transitional area. We knew development was coming 25 years ago and now it is here. I want a smaller spot to retire to. Andrew Mittag, 901 West Lavaca Trail, questioned the noticing of meetings because he did not receive notice until 2 days before the meeting. First, the Commission wanted to see what the city council wanted to do with the master plan; second wanted the developer to meet with the neighbors. At the city council meeting on 10- 19-04, some wanted mutually agreeable transitional areas and the master plan was approved. 11-04 developer sent letter to me and we set up a meeting. We met for 2 hours, discussed the drainage and master plan. Not being from Colleyville, they are not aware of some of the issues. 11-16 met with developers, 50 min. meeting but we didn't hear any feed back from them. I am surprised the developer has met with the development office and we the neighbors were not notified of those meetings. Item should be tabled so entire neighborhood could be present. We intend to stay here but want to maintain the rural quality of life. People care about where they live. Colleyville is focused on larger lots. Density has been an issue on several cases in the past. Mr. Mittag stated Commissioner Edwards stated if this community were moved further to the west it would be more congruent with the area of transition on the master plan. The master plan clearly suggests keeping the rural feel. We have talked with the developer about a barrier and his suggestions for a barrier will not work. Once again we are looking to stay citizens of Colleyville. Loraine Gore, 809 West Lavaca Trail, we came here from Michigan so that we could have some land and horses. We very much treasure our 5 acres of paradise. We want to stay here and we love the rural feel. We looked at the master plan and we did envision the transition of growth. We see this high density development as a beginning to an end of the rural atmosphere. Lisa Stajduhar, 101 Williamsburg Court, but owns land that backs up to Mr. Mittag's land, 816 LD Lockett. We love this area and want to build an estate lot on our LD Planning & Zoning Commission Minutes - November 22, 2004 Page 9 of 11 ~ Lockett property. As I look at what is being proposed and according to what the master plan proposes, I feel you need to stick with the master plan. These lots on Lavaca are 5 acre lots and we need that space for our horses. The developer's have not addressed the open space and water issues. If this type of community is allowed, it would be a clash of lifestyles. These people will be surrounded by horses and farm animals. Marty Stajduhar, 101 Williamsburg Court, but owns land that backs up to Mr. Mittag's land, 816 LD Lockett. The name Bailey Draper comes to mind as he tried to do the same thing on John McCain. His case was defeated so I think precedence has already been set. The transitional area would then be violated by this high density community. The developer's did not compromise any thing we as the neighbors suggested. Ruth A. Plain, 909 West Lavaca Trail, and bought this property over 16 years ago. Progress is here and I am surprised that it did not get here sooner. People who have moved here in the most recent years, they will see most of these properties will be developed. Most cities need tax revenue and this community would be an asset to the community. The drainage issues would be helped greatly by development with the right kind of drainage system. I am proud to be a citizen of Colleyville and we are so confident in this community that we want to build our home back in the development. There being no one wishing to speak, the public hearing was closed at 8:40 P.M. Barry LeBaron stated that notification of the official public hearing was complied with in accordance to the State law for the October 15, 2004 meeting. This was a courtesy notification that did not require the 15 day notification we had already complied. Commissioner Bartkowski stated the PUD-R density shall not exceed the existing zoning classification however some exceptions can be made. The developer could increase the open space and decrease the density. This developer is decreasing the open space and increasing the density, not complying with the Land Development Code. The density is too high, the open space is too low, the lots are too narrow, and therefore, this plan is not appropriate for a PUD. There have been no changes to the open space on this site plan; there are not any drainage easements, the standards for an entrance into a subdivision are not met, the streets are too narrow and there are too many houses on the cul-de-sac. It appears this developer has neglected to read the Land Development Code. Commissioner Bartkowski made motion to deny case Z-04-035. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Edwards Nay: 5. Case G-04-020 - TABLED ITEM - Review and discussion of regulations for Planning & Zoning Commission Minutes - November 22, 2004 Page 10 of 11 private streets and entrance gates Commissioner Duffy made motion to remove this item from table. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Edwards Nay: Barry LeBaron presented the case and briefed the Commission. Commissioner Duffy made motion to approve case G-04-020 as presented. Commissioner Dolan seconded. The motion was approved by the following vote: . Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Edwards Nay: STAFF REPORTS Barry LeBaron stated a copy of the Master Plan was provided to you tonight and we will be updating the document on the website. Staff would like for you to consider canceling the December 27, 2004 meeting since there is nothing scheduled at this time. Commissioner Edwards stated in the past this meeting has been cancelled because of the holidays. Commissioners concurred with Commissioner Edwards. Commissioners were reminded of the November 29, 2004 workshop. COMMISSIONER COMMENTS Commissioner Edwards thanked the staff for the master plan document, it looks really great. Commissioner Duffy thanked the staff for amending those documents with all of the Commissioners' comments. ADJOURNMENT The Commission adjourned the meeting at 8:50 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: --------------------- Planning & Zoning Commission Minutes - November 22, 2004 Page 11 of 11 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 13, 2004 P-04-043 - Minor plat of Huggins Addition, 0.79 acres located at 700 Shelton Drive, Abstract No. 1692, Tract 2F6 STAFF REVIEW COMMENTS Charles and Ann Huggins are the owners of a parcel of land located at the northeast corner of Shelton Drive and Hunter Lane. 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 R30 Single Family Residential. The R30 district requires a lot width of 125 feet, a lot depth of 125 feet, and a minimum lot area of 30,000 square feet. The proposed lot exceeds these requirements. The lot is 152 feet wide, 200 feet deep, and 30,227 square feet in area. The owner is dedicating an additional 4,244 square feet of right-of-way for Shelton Drive and Hunter Lane. 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 applicant Prepared by: J.;~.AICP Development Coordinator Agenda Item No.1 - Page 1 -1 c: -0'9 SHEL TON I I ~~ ~ S..~ 3Rl ~~~~S ~~~ . Location Map L2C'lC cO\;~ ~U\1 1 11~ 1 1<;JiJ ... ~ ""~~ Gr RD ~.~ 48 1.26 @ 1\J"\3.S ~~~i 5.A. 2~ . ..."'..... 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S~ I ilt ~I;~ I :t3 ~~~~ .=- & : ~ . ~: i ,:; : i~~ can ;1 ~, = i ~ ~ ~~~~ ~Ii 2 ~i 5b~ ~ ~ !~ ~ ~~~i~~ Hs~~ oT ml~ II:~;~ I~I~~~~ !i ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX NO November 30, 2004 Bill Hooks 817.831.9818 ~ via mail Charles & Ann Huggins FROM Clayton Husband AICP, Development Coordinator SUBJECT P-04-043 Minor Plat - Huggins Addition, Block 1, Lot 1 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. Change the street name for "Shelton Road" to "Shelton Drive". 2. Building lines need to be added adjacent to Hunter Lane and Shelton Drive. The required building line is 30 feet. 3. Shelton Drive is classified as a Minor Collector on the Master Thoroughfare Plan. A Major Collector requires a right-of-way width of 75 feet. The required right-of-way dedication along the frontage of the property on Shelton Drive is 37.5 feet from the centerline of the existing right-of-way. 4. Show the area (square feet) of the right-of-way dedication on the drawing. 5. A 7.5-foot wide DRAINAGE AND UTILITY EASEMENT needs to be added adjacent to the north and east property lines. 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 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 City Council approved a partial waiver of this requirement, requiring to the owner to pay $1,000 at the time a building permit is issued on this property. P.O. Box 185-Colleyville, Texas 76034-817.577.7587 DEVELOPMENT REVIEW COMMITTEE P-04-043 HUGGINS ADDITION 3. 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. SEWER Not applicable. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER 4. SIDEWALKS. A waiver of the sidewalk requirement was approved by the City Council as part of the waiver of the perimeter street improvement requirement. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 13,2004, 7:00 p.m. not required RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: . 15 folded copies of the revised Minor Plat drawing . one letter-size or ledger-size 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 Monday, December 6, 2004 in order to make the scheduled hearings. Please contact me at husbandc@ci.collevville.tx.us or 817-503- 1054 if you have any questions. 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 December 6, 2004 CITY OF COLLEYVILLE Development Review Committee REF: HUGGINS ADDITION, LOT 1, BLOCK 1 P-04-043 Response to DRC Review Comments dated 11-30-04 1. Changes on Plat 2. Shown on Plat 3. Changed on Plat 4. Shown on Plat 5. Shown on Plat Thank you, .~ l'exa5 PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 13, 2004 Z-04-040 - PUBLIC HEARING - Zoning change from R30 to R20 on Block 1, Lot 29R Westcoat Place Addition located at 6002 Westcoat Drive STAFF REVIEW COMMENTS Michael Pisciottano is the owner of 1.03 acre lot located on the west side of Westcoat ] Drive, just north of L.D. Lockett Road. Mr. Pisciottano has submitted a request to change the zoning on the property from R30 Single Family Residential to R20 Single Family Residential. The applicant is seeking a zoning change in order to divide the property into two residential lots. The property in question is a vacant platted lot. The lot is 300 feet wide and 150 feet deep. The surrounding property is residential in nature. Properties to the north and west are zoned R30 and are developed as single family residences. Property to the east, across Westcoat Drive, is zoned R40 and is developed as a single family residence. The properties to the south are zoned R40 and R20 and are developed as single family residences. The Master Plan indicates that all the property in the area is anticipated to be developed for residential use in the future. The property in the general area of Westcoat Drive and L.D. Lockett Road is zoned for residential use. Most of the property is zoned R40, and some specific areas are zoned R30, R20 and R15. The lot sizes in the area vary greatly. The lot sizes on Westcoat Drive across from and adjacent to the property in question range from 21,400 square feet to 13,500 square feet in area. Some of the Jots on L.D. Lockett Road are 45,000 square feet and 60,000 square feet in area, with others significantly smaller. There is no apparent pattern of lot sizes in the area. This property is located in Neighborhood 6 in The Colleyville Plan. A significant neighborhood issue identified by the citizens during the preparation of the plan is to "preserve home prices & rural feel, lot sizes going forward should be increased from 1/3 acre to % acre." If the zoning change to R20 is approved, the property could be divided into two lots of 22,500 square feet, or % acre, in size. IMPACT ISSUES 1. Master Plan. This property is in Neighborhood 6, as identified in The Colleyville Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville Plan. Agenda Item No.2 - Page 1 2. Surrounding Properties. All of the surrounding properties are developed as single- family residences, either within a subdivision or on acreage tracts. 3. Development Trends. Most of the property in the area is already developed with single family residences, both within large subdivisions or on acreage tracts. The long-term trend for this area is for single-family development, though few large tracts of land are available for redevelopment. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary . 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $30,000. The estimated City property tax revenue for the property is $104 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Public Notification. Staff mailed notices to 16 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: December 13, 2004 City Council: January 4, 2004 and January 18, 2005 RECOMMENDATION Approval ATTACHMENTS · Location & Zoning Map · Zoning Exhibit . List of Property Owners Notified Prepared by: _o~ J. Cia usband, AICP Development Coordinator Agenda Item No.2 - Page 2 Location & Zoning Map .~.'~M'.__~.____",",,-,____.~ ., w ,t~ > !.l' _.0.11 ......fV. :) r...... 8..~ u.. .0 ..;0 O 10. ~ "0. r 0:: (!) Z - S (D I LOT ZOR-1 I __250.00' .<;J.~.Utllitr.EOB.m~d It.. ...... PO.B. I ,1 Zoning Exhibit aLOCK ...1 WESCOAT PLACE. A.DDITION Ree. ih Vol. 368,....172. P<J. 41 I llW R40 Ij.I~: f~_.L~..~_8~~_ 10 lOT 9 8LOC q "1\ .1.. . WESfOAT PLA o..~:' . ...L-.... . Re.c. In Vol. 3 g .. ...I'<~----~---~ I. . 0 llr.I.().. LOT 1 0 .. . I L- 10. ~ ;J1 f2 t/) I 3=: LOT 3()~C BLOCK 1 WESc::OAT Pl.Ac::E Ree. in Vol. 388-2 R40 ~R81 R30 f s S8" 46' E - 4oo;ob. 250.00' LOT 19R-l R30 R...30 4<>1'111'10 LOT 21 R.13LOCl< 1 WESCOAT PLACE ADDITION Rae. in Vol. 388.....215.Pg. 24 Z-04-040 JoOOP. Bennett 6013 Bettinger Drive Colleyville, TX 76034 Jay Hall 5917 Bettinger Drive Colleyville, TX 76034 Jean Findley Taylor 5916 LD Lockett Road Colleyville, TX 76034 Joseph & Nancy J Bromley 5909 Bettinger Drive Colleyville TX 76034 Russell W. Walker 5909 Westcoat Drive Colleyville, TX 76034 Notices dated November 19, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by the Texas local Government Code and the Collewille land Develooment Code. Jonathan & Carleen Stout 610 1 Westcoat Drive Colleyville, TX 76034 - ai:JdL~- Michael &. Rosemary Pisciottano 3109 Manchester Court Bedford, TX 76021 Walter & Bonnie Kidd 304 Azalea Drive Grapevine, TX 76051 Ann-Nita Pearl Hall 5905 Westcoat Drive Colleyville, TX 76034 Jack C & Vicki J Harnett 6362 Retta Mansfield Rd Burleson, TX 76028 Robert M & SAY oungreen 108 LD Lockett Road Colleyville, TX 76034 Amy Shelley Planning & Zoning Assistant Marshall & Dianne Thrasher 5919 Bettinger Drive Colleyville, TX 76034 Harold D. Thomas 6009 Westcoat Drive Colleyville, TX 76034 Garland R. Brock 6003 Westcoat Drive Colleyville, TX 76034 Robert S & Nancy L Jackson 4305 Eaton Court Colleyville, TX 76034 John F & Sherry Sullivan 5908 Westcoat Drive Colleyville, TX 76034 G. Price & T Provenza 5817 Bettinger Drive Colleyville, TX 76034 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 13, 2004 Z-04-041 - PUBLIC HEARING - Zoning change from AG to R40 and R20 on 3.67 acres located at 1209 Tinker Road, Abstract No. 331, Tract 2C of the A.J. Caldwell Survey STAFF REVIEW COMMENTS Dean DeCavitte is the developer of 3.67 acres located on the south side of Tinker Road, just east of Emerald Drive. The property also has frontage on Hardage Lane. Mr. DeCavitte has submitted a request to change the zoning on the property from the AG Agricultural district to the R40 and R20 Single Family Residential districts. The applicant is seeking a zoning change in order to construct new residences. The property extends between Tinker Road and Hardage Lane. There is an existing house on the property. The applicant submitted a zoning exhibit showing how the property is proposed to be subdivided into five lots. A subdivision plat of the property will be reviewed by the Planning and Zoning Commission at a future meeting. The proposed zoning change is separated into two parts. · The portion of the property adjacent to Tinker Road is proposed to be rezoned to R40. The zoning exhibit shows two lots of 49,377 and 45,124 square feet in size. The lots exceed the requirements of the R40 district. · The portion of the property adjacent to Hardage Lane is proposed to be rezoned to R20. The zoning exhibit shows three lots of 20,000 square feet in size, with a depth of 150 feet. The properties on Hardage Lane are zoned R20, and are developed as single family residences. The surrounding property is residential in nature. Property to the north, across Tinker Road, is zoned AG and is developed as single family residences. Properties to the west are zoned AG and R20 and are developed as single family residences. Property to the east and south are zoned R20 and are developed as single family residences. A copy of the zoning map for this area is attached. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes several objectives relative to this zoning change request: · Continue development of luxury residential areas while maintaining the "country feel" along major collector streets Agenda Item No.3 - Page 1 . Encourage redevelopment of older properties located along major collector streets into estate settings Tinker Road is classified as a Minor Collector street by the Master Thoroughfare Plan. The proposed request appears to satisfy the objectives of this goal by maintaining estate style lots on Tinker Road. The lots facing Hardage Lane will be similar in size to the existing lots on the street. This property is also located in Neighborhood 5, as identified in The Colleyville Plan. One of the significant neighborhood issues identified by the citizens during the preparation of the plan was to keep residential density low by maintaining 1.7 dwelling units per acre or lower. The proposed development has a density of 1.3 dwelling units per acre. IMPACT ISSUES 1. Master Plan. This property is in Neighborhood 5, as identified in The Colleyville Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville Plan. 2. Surrounding Properties. All of the surrounding properties are developed as single- family residences, either within a subdivision or on acreage tracts. 3. Development Trends. Most of the property in the area is already developed with single family residences, both within large subdivisions or on acreage tracts. The long-term trend for this area is for single-family development, though few large tracts of land are available for redevelopment. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary . 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $189,300. The estimated City property tax revenue for the property is $658 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 5 proposed new residences would add 48 vehicle trips per day to the surrounding roadways. Tinker Road is classified as a Minor Collector on the Master Thoroughfare Plan. There are no available traffic counts for this area. Agenda Item No.3 - Page 2 7. Public Notification. Staff mailed notices to 23 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 13, 2004 City Council: January 4 and January 18, 2005 RECOMMENDATION Approval ATTACHMENTS · Location & Zoning Map · Zoning Exhibit · List of Property Owners Notified Prepared by: J.~AICP Development Coordinator Agenda Item No.3 - Page 3 Location & Zoning Map http://maps.ci.Colle 'lIe:lx..us. I) .4ft Ull. -!Itl~ ,.iU.c.T. -----_._---.-:- Zoning Exhibit S8!l"57'61"E 208.00 .a.1b71147 ,..-vr" ...... , UlI'I' __l\U....~ .'IOl;..~" l; -w~ - .... WV~... sJI' " -'--- ---.---- WI C4. ... .4lIJ ~....~..l..... .fJu-a.m .~ .. 1,1fJ1fO ~ . ~. C4. A. .&l~ 'II.TU. ~ I I , I 1 1 1 I I 1 ; ! ~ . Hardage Ln - fJJl"j....r=&. ~U(.,. '.iUJ:.'I. W. ...; ',- "'W" ..11. a ~ I ~ . . ~ .~... C4.h..fl.f.'" Z-04-041 Dale & Lynette Stowe 1304 Tinker Road Colleyville, TX 76034 Stuart Jansa 1201 Tinker Road Colleyville, TX 76034 Gregory & Susan B Scott 1109 Tinker Road Colleyville, TX 76034 Robert W & Sandra L Brown 1200 Hardage Lane Colleyville, TX 76034 Andrew S & Danna E Isley 1304 Hardage Lane Colleyville, TX 76034 Martin & Judy Strittmatter 5601 Ponderosa St. Colleyville, TX 76034 Richard & Patricia Dietz 1203 Hardage Lane Colleyville, TX 76034 Notices dated November 19, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by the Texas Local Government Code and the Collewille Land Develooment Code. Michael W & Nancy E Dotti 1310 Tinker Road Colleyville, TX 76034 Stuart C Cox 1308 Tinker Road Colleyville, TX 76034 Annie Tinker 513 Leta Lane Colleyville, TX 76034 Jerry & Leslie J Grieme 1308 Hardage Lane Colleyville, TX 76034 Jeff & Sue Kralich 1309 Tinker Road Colleyville, TX 76034 Michael J & Janet A Gabelmann 1301 Hardage Lane Colleyville, TX 76034 Julius E & Billie Jo Morse 1207 Hardage Lane Colleyville, TX 76034 Pleasant Run Baptist Church PO Box 95 Colleyville, TX 76034 Amy Shelley Planning & Zoning Assistant Neal & Janis N Ostman 1104 Tinker Road Colleyville, TX 76034 Gary D & Barbara Jenkins 1212 Tinker Road Colleyville, TX 76034 Charlotte Rose Gray PO Box 820928 Fort Worth, TX 76182 Robert R & Carolyn K Rice 1305 Tinker Road Colleyville, TX 76034 Michael A & Lorna McElaney 1106 Hardage Lane Colleyville, TX 76034 Robert & Mary J Lundgren 1209 Hardage Lane Colleyville, TX 76034 Dennis D & Kay L Jones 1205 Hardage Lane Colleyville, TX 76034 Jay B & V onna L McMeans 6013 Cooks Lane Colleyville, TX 76034 .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 13, 2004 Case Z-04-042 - PUBLIC HEARING - Zoning change from AG to R40 and R20 on 4 acres located at 512 Shelton Drive STAFF REVIEW COMMENTS The Lotsmith is the potential owner and developer of a 4.0-acre parcel located on the north side of Shelton Drive, between Bransford Road and Pleasant Run Road. The applicant has submitted a request to change the zoning on the property from AG Agricultural to the R40 and R20 Single Family Residential districts. The owner is seeking a zoning change in order to subdivide the property into lots for the construction of new single family residences. There is a related zoning change request on the December 13, 2004 agenda on property immediately to the east of this tract. While the zoning cases were submitted separately, the proposed development on the property will encompass the entire tract of land. A copy of the zoning exhibit of the property is attached. The 4.0-acre tract of land has approximately 175 feet of frontage on Shelton Drive. The tract is over 1,000 feet in depth, extending to the railroad right-of-way on its north boundary. There is an existing house on the property. This tract of land will comprise the western side of a larger development. The zoning exhibit shows a cui de sac street with 11 single family lots. Three additional lots, which are 40,000 square feet in size, are shown on Shelton Drive. The surrounding property is generally developed as single family residences on half- acre or larger tracts. Properties to the east, located on Hunter Lane, are zoned R30 and R40, and they are developed as single family residences. The properties to the south, across Shelton Drive, are zoned R40 and are developed as single family residences on one-acre or larger tracts. Properties to the west are zoned AG, and are also developed as large acreage tracts with residences. The properties north of the tract, across the railroad right-of-way, are zoned R30, RE and AG and are developed as a single family residences. A zoning map of the area is attached. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes several objectives relative to this zoning change request: · Continue development of luxury residential areas while maintaining the "country feel" along major collector streets Agenda Item No.4 - Page 1 . Encourage redevelopment of older properties located along major collector streets into estate settings . Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots IMPACT ISSUES 1. Master Plan. This property is in Neighborhood 5, as identified in The Colleyville Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville Plan. The density of the overall 14-acre development is 1.0 dwelling units per acre. 2. Surrounding Properties. The surrounding properties are developed as single- family residences on acreage tracts. 3. Development Trends. The long-term trend for this area is for single-family development. The property in the area is suitable for that type of development. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the taxable value of the parcel is $85,100. The estimated City property tax revenue for the undeveloped property is $295 annually. A portion of this property has an Agricultural exemption from Tarrant County for property taxes. The future property tax revenue would depend upon the value the building improvements to the property. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 14 proposed residences would add 134 vehicle trips per day to the surrounding roadways. Shelton Drive is classified as a Minor Collector on the Master Thoroughfare Plan. There are no available traffic counts for this area. 7. Public Notification. Staff mailed notices to 8 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. Staff received three letters and a petition in opposition to the request. Copies of the letters and petition are attached. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 13, 2004 City Council: January 4 and January 18, 2005 Agenda Item No.4 - Page 2 RECOMMENDATION Approval ATTACHMENTS · Location & Zoning Map · Zoning Exhibit · List of Property Owners Notified · Correspondence Prepared by: J. Clayton Husband, AICP Development Coordinator Agenda Item No.4 - Page 3 Location & Zoning Map Zoning Exhibit SHELTON FOREST Cohyvlle. Texas The Lotsmltb. Dewl:>per For Wor~ 0iJI.~ ~.21.wrrM754 R20 LOT 8 ..-:. LOT 4- ..-::.. il.CCltA Shelton Forest Is located In CoIIeyvf1e 00 Shelton Drive. between Bransbd Rd. tmd PIHam Run Road. LOT 8 ...... ..... ... LOT 2 ...-.:.. LOTI ..... LOTS .... LOT 4 ... .... ... ! I LOTS .... ~. LOT I .... LOT 1 ~ LOT 1 .... ~Kif ~>; 1 .~ Z-04-042 Garry L & Helen J Quinn 511 Shelton Drive Colleyville, TX 76034 o Leroy Chism 3754 Tamarack Court Fort Worth, TX 76116 Notices dated November 19,2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by the Texas Local Government Code and the Collewille Land DeveloDment Code. Brian & Stacy Markwood 6212 LD Lockett Road Colleyville, TX 76034 James H & Susan L Wood 6001 Bransford Road Colleyville TX 76034 Kenneth R & Cheryl Darrow PO Box 1806 Colleyville, TX 76034 Howard A & Mary K Rettig PO Box 17 Colleyville, TX 76034 Vanderpool, Jeffrey Etux There 601 Shelton Drive Colleyville, TX 76034 Kevin & Kathy Doody 1701 Park Place Ave. Bedford, TX 76022 Amy Shelley Planning & Zoning Assistant Opposing The Rezoning Of 512 Shelton Drive From AG To R20 Case # Z-04-042 RECEIVED DEe o~9 2004 Per ............. ' The neighborhood surrounding the proposed property located at 512 Shelton Drive, Colleyville, Texas would like to express their concerns regarding the proposed zoning change from AG Agriculture to R20 Single Family Residential. The neighbors of this property believe that the proposed R20 Single Family Residential is not in the best interest of this neighborhood or Colleyville for the following reasons: ~ Density-R20 Family Residential would be a tremendous increase in density for this neighborhood. The total number of homes proposed is three less than the entire number of homes located on Shelton Drive ~ Loss of Rural Appealing Atmosphere of Colleyville-the street of Shelton Drive, and the next streets over (Beverly Drive and LD Lockett) have home sites on lots over an acre and are zoned R40-over 50 existing residences ~ Drainage-Shelton Drive and Hunter Lane currently have a serious water run off drainage problem with the addition of these large homes the problem would increase greatly and impact the homes down hill from the proposed development ~ Fence-the current zoning ofR40 allows for open spaces, fencing in of the proposed development would negatively impact the rural atmosphere of this area of Colleyville ~ Water-is the available supply line sufficient enough to serve 14 additional very large homes and sustain pressure to current homes ~ Sewer-is the current system in place sufficient to service the large new homes and sustain the current homes ~ Lighting-the addition of street lights and lighting of the exterior of the 14 homes would distract from the rural atmosphere ~ Increase Traffic-can the current narrow shoulder less street support the increase in traffic Our first desire would be to keep the track as it is. The current neighbors chose this particular area of Colleyville for the large lot, rural setting that exists here. When each of the current property owners bought or built their homes they relied on the current zoning to protect the integrity of this neighborhood. We are urging the Planning and Zoning Commission to consider rezoning the property R40 instead of the proposed R20 lots. This petition is supported by the citizens of Colleyville whom appear on the following attachment: December 7, 2004 Opposing The Rezoning Of 512 Shelton Drive From AG To R20 Case # Z-04-043 S~1\Otui~ fu.9~ \ ~ 5 J eta. \ ~'SnaJlt'(<\5 C;;'o ~ RECEIVED DEe 0,9 2004 'p ... sr ............. : I . I. Address Printed Name JJ!i)i~ ~ v ""Nl3l r<l~1 ,:$t:...e;-l!hr~Il/S I 16\2 shel:fl:>~ 1>;-. v Ilf...d^ .)~~ Jl1--Ulf ~1, 9- 5q J7 /~t.v C~ Cf@l-YtV IIlleN 317-<'f8S- /~ i 5'111 fj",,)4t l,j 9.&:tlU.e..J 9{:.~ yo-J85~~ ) 6/oo~L. ~ Braj~l.(:5: 8/7-Z;;Ld..-72{3 1 'lo3+lv.<>fff1e Lv 'h, ..j~C~ %J1-~,>1-039) I {;Iu(, ~M//J1-- ~ Chr/-& eomlJ5 ~t7-tERtJ-Q~'f/ , M06 MM<fbtUt CDt'>Jb5 . m ~. ,9rJJ(;. '1j---531/ U(O~ f-kwm~ ~EwtQJf-ie'<!.. M~~ <l\l~l.fd-<6-0';)..?J0 6 \\~ ~~~ --~Lj'v\t\~~-N/~ -~ ~\I",(~)~Y5-()\~" ~ I J~ -H-lLNl+lA ~n I ---K\L+~-AY\t\ ~V\ ~~o.,.. gJ1-~o5'-olfot G //3 livJfeR/-,J flttttrrf>JRCl 'ibiS "'M.~~;O~ 'J'17<'1f9~'3-$ [; :;>D \ \1-lAV"\-.tv- Lv--- '::2" W 0___',-"", a."" ' . ~ \ -, ~ q'g S-~.., 1. I I i z::' -IfwJf V '/ ridol +15<'( fI ft 5 $ (1 4 q k' d- Dq lp VJ /, 'e I(.t! t;;:S ~~k(~.LY/oYf'2.-Z~~ 16 0'3 !-Iu;.yJ<t;/{bJ.:[;_rz:~ ''{3bufLOtP L ~8/upr?)fI'ZR.O~ b/ {) g t!C/1<J 1BL l ~ tJ . f ff./ E 0' ~ ~ 17 - 42<1- <';0 9~ I J LlN'TEt:.. l..jv. JAmES ,/ ~ ).5'q 19 rr , iJ'loO /3e.~ 'Dt-R,.e/fi- /kYmt ~ 2J'/7-'1'7r?-1lttl:; ~~200&A,dS~ /36-riV8 ~tl ~~ ~l7-..'m.Jil~ )S-o '?' r3~i./ 8 (' 1'--( L .e -'<-- r<. / pt /'~- ;t ~ ~ / 7 ~~-71- ?. ~~l i(.Uta /..-.T)~trfJ C~L 1)~, ru qn _~z2-b2Z ( >I9Z\[,. 1-.b IAcileJr K(l!I1~t\' blrvow ~~J1'1?f?~( Phone Opposing The Rezoning Of 512 Shelton Drive From AG To R20 Case # Z-04-043 ~. '3Y'O-tuftS l:n!jL 2 J 5 -,-a+a1 3'.3(\3 tu V(.S ~ Address Printed Name Phone .....-- ~ ~{~~i-{l..L, j)f. :r6klll ('4ttt.. fl>l.{M~( "i17 2i/./'~'j. ~ ~ 0 I 'J3ever:t1y DR. O)'lI;)..~-hn~'bA..Y)f,;jf- ~/7 -02 &;7-/ 1.a9 ~.:fI:l.. ~!J bA. ~rtstlt64 C.'n\\.drC55 '&/1- "198 - %/06 ~ o-Og ~ ~_ Ve~l~c.. Rl>>\''''';el/ f:j/7 -577-J-ilB7 ~(p 01 OleHa\ll 'Or ~\'le$a... VOJ/Idvrf'J1 ~ a ' '\517. 4'fD '37~ ~ b 0 I ~ Or- lUlere~ Vo.J'lck~J tff(\ /ff', # <?\1. 49~-579 __f .\ for Jeff Va,\ll1dey c:' ~ ~ kA ~ t::r. ~u- Lo~ \ e~:v~8~~2 D ~/';). &.vut~ Dr. :::I;,k", W1. {1:k!,./t.f5 tJI7-'I9~-8/'/!; RECEIVED DEe 0",9 2004 Per .............1 Opposing The Rezoning Of 512 Shelton Drive From AG To R20 Case # Z-04-043 ~3~U'l~ ~o.BCl. 3 & ~ ,cAn\ ~:~:}'i'a4-ut<t5 ~ Address Printed Name Signature Phone @ 805 ShelToN Dr. .JAmas 13. Dflr ~~JflH c9/?,/f,??-/o27 @ ftoS- ~1I-EL7o~ 'WI!- CJk-TJl-EI<IJP G'JJ;tl( t/ ~;)~ Qf . 917'19/ I () ?- ? ~. 1.?f ,5' ;I"'L./;ul P R <Y.11-"lge e. t - ,/LLM e..~ ~ ...-- tf~ .g '7- :J!I, 1- :J. 9a I ~ ~()'1- S~-e-liM 1>r- ])/)111111 WIJ-/1<Lr iJ)~W~ '8li,t(fS'3KIJ3 @; ? o~ ~}, e {foN D P. It Lfh /'1. IJL{~AI ~. tU4 >Ita&,." 5"17-:l~/-ot93/ @ 800 :5tfEL~/fPR-- t!lIfDEEyAN5 a/J~~ J3/7--9~-.5:Jt,t, @ @J{) ~dlM fJ/J. --r;;;<f fa ~h~ J~ ^"~ f/? . j4?/. s~ ~ sqllo \'~ R"", KI>. G<..o1 UV.SoN ~tKlIpv ~n-7i?~S'l~ ~SCjI(p j>~~ (U. ~CrusCN"\ ~~ t\l.\~'l.-S'\Io11 RECEIVED DEe 0<9 2.004 Per --............. Opposing The Rezoning Of 512 Shelton Drive From AG To R20 Case # Z-04-043 ~13Y'a~U 'tL~_ ~. 4 Js ~oh\ ~'9I'6-1uYiLS ~ ~'\~o..&e.J1V' ~o\"\J-lli't, ~ '1\~ '701 "SheJt(>(\ 05(,-0713 fY ::J.4C-f:(A~~/LL~a~ _' 76J/f"'~k)s./8/7--6S-C-.&7/~ ~. ~11.n./h{cp &ui; t1t. f /?olj~/ht tfl/AJ?- t/5'1-Z ~ J ~ fr / i.. J.. "-'1 /1'J fl 6 0 f' DJ, E~I(),J ~ 1 5"7 7 ut;; if-8- J cs{6~i ~/~It.pJ K ~3<>t Lfl Luc/$7l {fJrV ~ ~<f23 ~ ~ LAl\I2aI L",I\f<<o-P IDeA jl\1ml<l U1- 10/ <{S12- RECEIVED DEe 0'\9 2004 rp - er ........~ Opposing The Rezoning Of 512 Shelton Drive From AG To R20 Case # Z-04-043 Address P . t dN nn e ame S' ~ 7lJC <jl,ec+otJ /:) r ~ ~ ry Lv I(-e'-{" ; II-R.- Iy" . J-1; Ch e ilL .{/,hLe~ ~ W?OS- SheL -HNJ 1 r. s+ephcvLJ 6 ricJ..L ~ \. - ~ . 1\ ~/1~Ltv;lI~ I) ~ ~ :J( J-fJ.)J1/'lB 7YL !. 7"\ J ( {!fa//lI4Ik-TY ?1/V1 1</l1f-#rL ~ f1J &.1. ~ rwt/fg2! / flbt~ ~ ~ IX IfWT .;.4v S29natu{~_' \;u~ 5 J 5 -r~\ ~\5rotult.s so ~ Phone (~/1-)61=t--- $d3~ ~ CBI1-)S'1-1- 3:l3i wz) 7/7-177'7'.1- (i/?)SI1r7f';Q- REC-....'.r.:-D .., 'j " I;.;.. .,,,' DEL 0,9 2004 Per u.O-........u:.:Oll December 9, 2004 RECEIVED DEe 0,9 2004 City of Colleyville Planning and Zoning Commission 100 Main Street Colleyville, TX 76034 l Per -"'._~..u. . RE: Case Number Z-04-042 Z-04-043 Dear Commissioners, We would like to reaffirm our objection regarding the rezoning ofR40 to R20 in our neighborhood, on our street. The previous request to rezone this property, case #Z-04-013, on February 23,2004 was denied and again denied on April 26, 2004. The reason for the 4 to 1 denial by the Planning and Zoning Commission was due in part by the overwhelming opposition of the proposal from the neighbors. The two (2) previous rezoning proposals were met with a strong resistance because of the request for lots less than R40. The same resistance remains today from the neighbors as documented by the petition dated December 7, 2004 forwarded to the City of Colleyville on December 9, 2004 reflecting the 48 citizens and neighbors who request your consideration to zone R40 only. This area of Colleyville from the LD Lockett Road area south is unique and historic to Colleyville. The neighborhood and homes are situated on large tracks or acreage of land without the infill of small tightly fitted new subdivisions popping up detracting from the rural atmosphere. This rural atmosphere is what is projected and exploited by the City's Logo and Chamber of Commerce website. The current neighbors like us chose this particular area of Colleyville for the setting that exists here. When each of the current property owners bought or built their homes they relied on the current zoning to protect the integrity of this neighborhood. Please protect this unique neighborhood of rural Colleyville by denying zoning less than R40. ~ , December 8, 2004 RECEIVED DEe 0,,9 2004 Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville Texas 76034 Per ............. Reference Case Numbers: Z-04-042 and Z-04-043 Dear Sirs: My name is Darryl Heath and I was one of the residents who spoke at the P&Z meetings a few months back related to the land situation on Shelton Road. I am writing the commission today (again) because I believe that the new plan being submitted for this property is still unacceptable for this area of Colleyville and for the rural feel that we as residents are trying to keep. And I hope you will work with the developer to help ensure that the sentiments described in the previous meetings are not lost. Though I cannot attend the meeting on November 13th due to business travel, and I am certain that this plan will be put forth as a another compromise, but for the neighbors and citizens of this part of Colleyville, it is clearly not. Realistically, it attempts to put 14 lots in a space that should likely have much less. The issue I have, like most, is with the R20 proposal, not the R40 proposal, yet I believe the overall plot will have to be modified to create something that is reasonable. Basically, I am very concerned about the precedence that will be set by allowing R20 lots to be created in this area of town. We did not move to this part of Colleyville to have 14 homes replace 2 and have yet another neighborhood built next to our rural setting investments. Though I respect the need for development to continue, I would personally like to see this land settled into 2+ acre plots, but I also recognize that the builder will probably not see that as profitable enough for his venture. However, I do believe that a zoning designation smaller than R40 would certainly result in a change to the entire landscape and feel of the area. And the precedence it would set would surely allow other smaller lot neighborhoods to soon follow. I think you know the many concerns that the neighbors have over this proposed re-zoning, so I will not cover them in this letter. I only ask that you consider the long term masterplan and resulting impact that this decision could have on this area of Colleyvile. Thank you very much for your attention to this matter. Very truly yours, @~et~ Darryl Heath Darryl Heath 6200 Bransford Road Colleyville, Texas 76034 .~ 612 Shelton Drive Colleyville, Texas 76034 RECEIVED DEe 0,9 2004 December 7,2004 Per .._.:.._...A......._...-.\ Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Rezoning Request at Shelton Drive Case No. Z-04-042 Case No. Z-04-043 With reference of the zoning change requests at Shelton Drive, while we would prefer this land be kept as agricultural land, we realize that it is inevitable that this site will eventually be rezoned for residential use. We feel very strongly, however, that if it is to be developed, it should be at a minimum of R40. This neighborhood is one of Colleyville's oldest and the historic Webb House is located at the west end of Shelton. The street still retains its rural look and feel with horses, cows, goats, sheep and chickens in the immediate area, and to build 14 houses on the property will completely change the atmosphere of the neighborhood and almost double the number of houses. If the five requested R20's were changed to one R40 and two R30's, this would give a maximum of 12 houses, which would still impact the neighborhood, but not nearly as badly. Most of our neighbors specifically chose to live in this area because of the rural feel and the open spaces. It is one of the few remaining areas where wildlife can still be seen and is still welcome. It is one thing to develop land that is apart from existing housing, and quite another to develop land in the middle of existing housing. Experience tells us that new housing developments take years to complete and, therefore, this quiet neighborhood is going to be subjected to the noise and inconvenience of new building for many years to come. In fact, Mr. Bagwell broke ground in 2001 at his Broughton development, and the pamphlet available at that site, as of now, shows only about 11 lots have been sold. While we do not know, at this time, what size houses Mr. Bagwell is proposing to build, having looked at some of his other developments it appears that he builds large houses on fairly small lots. Of necessity, the houses are rather close together, thus posing a fire hazard especially in an older neighborhood with many trees. " ... , '" ,# Planning and Zoning Commission December 7, 2004 Page -2- The Shelton/Hunter neighborhood has been experiencing serious drainage and sewer problems for years, and to build 14 more houses would cause even more problems and negate the drainage work done by the City several years ago. Earlier this year, a traffic study of Shelton was conducted and it was fou,'1d that 1650 cars used Shelton in a 24 hour period. The traffic counter was placed just south of the Hunter turn and therefore, did not take into account cars coming down Hunter and turning west on Shelton, or cars going south on Shelton and turning onto Hunter. To build 14 more houses is obviously going to impact the traffic greatly. Shelton is a fairly narrow street and during construction, the construction vehicles will inevitably block the street from time to time and possibly cause serious response time delays for the Colleyville Fire Department, as Shelton is a cross street of preference of the firefighters stationed at the McDonwell School Road fire house. Finally, the City markets itself as being rural, and in fact, the City logo reflects the rural nature of Colleyville. We feel that this neighborhood, which is one of the few remaining rural areas in the City, should remain that way. V, e, ',y, truly yO;;;, rSr' .,' pt.~ ,[lUdA. ~ Bill and Dinah Stephens RECOMMENDATION Approval ATTACHMENTS · Location & Zoning Map · Zoning Exhibit · List of Property Owners Notified Prepared by: J. CI~~~:CP Development Coordinator Agenda Item No.5 - Page 3 .... 1\ ccecs l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 13, 2004 Case Z-04-043 - PUBLIC HEARING - Zoning change from AG to R40 on 10 acres located at 600 Shelton Drive STAFF REVIEW COMMENTS The Lotsmith is the potential owner and developer of a 10.0-acre parcel located on the north side of Shelton Drive, between Bransford Road and Pleasant Run Road. The applicant has submitted a request to change the zoning on the property from AG Agricultural to the R40 Single Family Residential. The owner is seeking a zoning change in order to subdivide the property into lots for the construction of new single family residences. There is a related zoning change request on the December 13, 2004 agenda on property immediately to the west of this tract. While the zoning cases were submitted separately, the proposed development on the property will encompass the entire tract of land. A copy of the zoning exhibit of the property is attached. The 10.0-acre tract of land has approximately 350 feet of frontage on Shelton Drive. The tract is over 1,000 feet in depth, extending to the railroad right-of-way on its north boundary. There is an existing house on the property. This tract of land will comprise the eastern side of a larger development. The zoning exhibit shows a cui de sac street with 11 single family lots. Three additional lots, which are 40,000 square feet in size, are shown on Shelton Drive. All the lots that will be adjacent to property on Hunter Lane will be 40,000 square feet or larger. The surrounding property is generally developed as single family residences on half- acre or larger tracts. Properties to the east, located on Hunter Lane, are zoned R30 and R40, and they are developed as single family residences. The properties to the south, across Shelton Drive, are zoned R40 and are developed as single family residences on one-acre or larger tracts. Properties to the west are zoned AG, and are also developed as large acreage tracts with residences. The properties north of the tract, across the railroad right-of-way, are zoned R30, RE and AG and are developed as a single family residences. A zoning map of the area is attached. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes several objectives relative to this zoning change request: · Continue development of luxury residential areas while maintaining the "country fee/" along major collector streets Agenda Item No.5 - Page 1 " .. · Encourage redevelopment of older properties located along major collector streets into estate settings · Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots IMPACT ISSUES 1. Master Plan. This property is in Neighborhood 5, as identified in The Colleyville Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville Plan. The density of the overall 14-acre development is 1.0 dwelling units per acre. 2. Surrounding Properties. The surrounding properties are developed as single- family residences on acreage tracts. 3. Development Trends. The long-term trend for this area is for single-family development. The property in the area is suitable for that type of development. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the taxable value of the parcel is $108,953. The estimated City property tax revenue for the undeveloped property is $378 annually. A portion of this property has an Agricultural exemption from Tarrant County for property taxes. The future property tax revenue would depend upon the value the building improvements to the property. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 14 proposed residences would add 134 vehicle trips per day to the surrounding roadways. Shelton Drive is classified as a Minor Collector on the Master Thoroughfare Plan. There are no available traffic counts for this area. 7. Public Notification. Staff mailed notices to 18 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: December 13, 2004 City Council: January 4 and January 18, 2005 Agenda Item No.5 - Page 2 Location & Zoning Map T~ .' " Zoning Exhibit SHELTON FOREST ~.. T__ Tht:)Lotsl'rllh. Oevet>per For.~ Cd.~FCh<ld21~754 R20 ShElton Form Is located In ~e 00 Shelton Drtve. betwnn Smnsb"d Rd. and Pfeutlt Run Road. 1 LOT 1 .=:r.. LOTI ...,. LOTI ..... LOT 8 ..-:", LOT. .... .... ... LOT 4 ...... ~ ! I LOTS ... ~. LOT 8 ..... .... 4IIIIlA LOT I .,., LOT 1 ... LOTI ~ LOT t ..... .... .. ,,~ $"l!l.TOI ~ , . Z-04-043 Stacy L Panno 6110 Hunter Lane Colleyville, TX 76034 o Leroy Chism 3754 Tamarack Court Fort Worth, TX 76116 Kevin & Kathy Doody 1701 Park Place Ave. Bedford, TX 76022 Bradley A & Beverly Young 6100 Hunter Lane Colleyville, TX 76034 Timothy B Perkins 12208 Maplewood Drive Keller, TX 76248 Garry L & Helen J Quinn 511 Shelton Drive Colleyville, TX 76034 Notices dated November 19, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by the Texas Local Govemment Code and the Collewille Land Development Code. Gary Friedman 6304 LD Lockett Road Colleyville, TX 76034 Kenneth R & Cheryl Darrow PO Box 1806 Colleyville, TX 76034 Troy & Jana S Burchfield 6108 Hunter Lane Colleyville, TX 76034 James W Pine 5918 Hunter Lane Colleyville, TX 76034 James D Henslee PO Box 863 Colleyville, TX 76034 William & Beverly Lothrop 607 Shelton Drive Colleyville, TX 76034 Amy Shelley Planning & Zoning Assistant C L & Ruth Ann Madden III 6112 Hunter Lane Colleyville, TX 76034 Howard A & Mary K Rettig PO Box 17 Colleyville, TX 76034 Billy G & Dinah Stephens 612 Shelton Drive Colleyville, TX 76034 Bobby J & Christine Combs 6106 Hunter Lane Colleyville, TX 76034 Kevin D & Margaret M Love 6000 Hunter Lane Colleyville, TX 76034 Vanderpool, Jeffrey Etux There 601 Shelton Drive Colleyville, TX 76034 ....#;'1