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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/28/2005 city or ~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, March 28, 2005 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Thomas Dolan, David Dudziak, Thomas Bartkowski, Jeff Byerly, Luann Edwards, John Blassingame and Denis Duffy INVOCATION Commissioner Dolan PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 14,2005 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-05-009 - Final Plat of Lot 1 R and Lot 2, Block 1 of the Baum Addition, being a replat of Lot 1, Block 1, Baum Addition, 3.16 acres located on the west side of Behrens Road, south of Glade Road 2. Case P-05-011 - Preliminary Plat on 24.108 acres, out of the William Dunn Survey, Abstract 404, located at 6805 Pleasant Run Road PUBLIC HEARING AGENDA ITEMS 3. Case Z-05-008- PUBLIC HEARING - Request for a zoning change from AG to R40 and R20 on 24.108 acres, out of the William Dunn Survey, Abstract 404, located at 6805 Pleasant Run Road 4. Case Z-05-009 - PUBLIC HEARING - Request for a zoning change from AG to R40 on 1.155 acres, out of the S.C.H. Witten Survey, Abstract 1619, Planning and Zoning Commission Agenda -March 28, 2005 Page 1 of 2 located at 5500 Montclair Drive 5. Case Z-05-010 - PUBLIC HEARING - Request for a zoning change from AG to R40 on 4.0 acres, out of the Joseph White Survey, Abstract 1692, located at 512 and 600 Shelton Drive TABLED ITEMS STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Thursday, March 24, 2005, 4:30 p.m. ~ Planning and Zoning Commission Agenda -March 28, 2005 Page 2 of 2 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - March 14, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Luann Edwar Denis Duffy and Jeff Byerly,. , Robert esent. INVOCATION Commissioners Thoma' ',;~' ola ...ave Dudziak and ~?..:t.. Thomas Bartkowski lJlre' absent. . *"%-.;.:<, ,iW;c:' ".;;~ris Fuller, Amy elma~~M!~m staff we /;;i~~'~Y <;'given by Commissioner APPROVAL OF MINUJ Commissioner Byerl with correction on pa Edwards seconded with Commissioner , ING ITEMS NOT ON THE AGENDA . PUBLIC HEARING AG DA ITEMS 1. Case P-05-008 - PUBLIC HEARING - Final Plat of Lot R-14-2, Block 1 of the Colleyville Industrial Park Addition, being a replat of Lot R-14-1, Block 1, Colleyville Industrial Park Addition, Lot 1, Block 1, Fair Haven Estates and Tracts 2B1 and 2B4, of the A.J. Lott Survey, Abstract 963, 6.84 acres located on the east side of Colleyville Boulevard and on the south side of Industrial Boulevard. Chris Fuller presented the case and briefed the Commission. Commissioner Byerly questioned staff if there could be two zonings on one lot and is it permissible? Chris Fuller responded correct, the two zonings are Planning & Zoning Commission Minutes - March 14, 2005 Page 1 of 8 permissible and was approved with the PUD-C. Commissioner Byerly questioned the AG zoning for this lot, would that zoning stay? Chris Fuller replied the AG would have to be rezoned to ML. Commissioner Duffy questioned staff about the status of the CC1 on the PUD-C and the ML zoning? Barry LeBaron replied the property would retain that zoning, ML and the PUD-C as well. The applicant wants to clean up the property lines and in order to do so; the AG portion would be ML..,::. ,.;.,;'$:::" Commissioner Duffy stated not seeing the cross acc~:~~~iij:fithe plat and based on the overall CC1 portion on Hwy. 26 the cross.,:::i~.~ss is only 30 ft. wide. Commissioner Duffy stated any building pla!l&.~'$<:i~MQat area would cause concern for a single lane and for fire acce~s~::+~refot&\'leting the need for a second entry or exit. The only thing appro ould be th~". ,nument sign. Are there any plans for the office or parkin pane tanks? issioner Duffy stated the Commissioners want all i of this nature to be '. d inside the fence area. Barry LeBaron replied t t shows' ,15 foot utili~inage and emergency vehicle cross access ease.... t e length of the "0 foot strip. Commissioner Duffy stated not seeing'll, sales office would be located on this plat. Barry LeBaro. {j ed the loc" ': of buildings are not placed on the plat. Commissioner Dh . having' erns, at the time of zoning, about the length of the drive a, . ffic to '. Barry LeBaron stated the applicant may be able to addr' be' . e those issues would be resolved at the ti . uing b ' " ~~'!'''~' ". ;~,,- \~" -.. rl 0 ~€d the ,. y;,}).'X p rveyor ;;.;"",: esentin ,e owner Howard Lawson, presented the ed th . .sion. '~~'v' Vogt stated the office building will be ':~~ ~ - ~"." , ..}",,;~,=;;.' '-'$' stioned the applicant about the placement of the gate? t bringing a site plan but the gate would be back at the trip. mmissioner Duffy questioned about the turn around awso . eplied the vehicles would go to the end and let h. Commissioner Duffy questioned about the placement of travel trailers? Mr. Lawson replied through the gate, once again. no ~lng a site plan. Commissioner Duffy questioned the "'" ~, <:.. landscapiti\l$:.;::t ' . Lawson stated several trees are there and there will be landscaping:~~f Vogt stated the site plan was approved during the zoning case for the PUD and the site plan has not changed. Commissioner Duffy stated needing the final site plan. Barry LeBaron stated the site plan was brought forth during the PUD zoning. Commissioner Duffy questioned staff about the site plan being submitted at the final plat stage? Barry LeBaron stated this platting process was one of the steps required in the PUD and that is what the applicant is trying to do. Commissioner Duffy stated issues of concern on the placement of the rental trucks and propane tanks. Commissioner Byerly stated those issues were addressed during the time of the PUD. City Attorney, Matthew Boyle concurred with Chairman Byerly. Planning & Zoning Commission Minutes - March 14, 2005 Page 2 of 8 Mr. Vogt stated the applicant will comply with what was approved during the zoning of the PUD. Commissioner Byerly closed the public hearing at 7:27 p.m. Commissioner Edwards questioned staff about the plat encompassing several different zonings, usually with a PUD-C a site plan is with the plat? Barry LeBaron replied what is presented is all that is needed. Commissioner Byerly made motion to approve Case . -008. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Edwards, Blassingame, Duffy and Byerly'.;.;,. ' h '-: Nay: None ..6 d the Master Thoroughfare ;,. 004-2025 Commissioner Duffy stated that his vot previous meeting where the zoning ca . Zoning Commission turned down the zoni TABLED ITEMS ,; ~:o;;. 2. Case G-OS-006- TABLE Plan as outlined in the City of . Commissioner Ed s made Commissioner :;.~ seco , The motion, pprove' the fo ng vote: Aye: Edw~( . Biassing , Duffy .}J3yerly Nay' None '::;;:;.;~;%:" \'ih . .~~{~~;$~~ ' ~~~:y Ba ~ron ~)'~. :;~~;:briefed the Commission. ,.; ssl:-::;-:.;" u" an alignment E, which would be, to continue <t,.;.;,-; 'wn by the QI, o. east side of the commercial property, to the fire lane ;~;.l!. Larry Cole's:.. erty;;~. n west down the center of the commercial area. 1(.'....alignment E'. uld minimize the impact on both the commercial property an ;. e residen Emerald Park, yet still providing access to the new school. Thist!~ "r:nent tj serve the area and provide the separation from the commeF61: '. n aential properties. The alignments A & D, to Lavaca from LD Lockett, 5 perty therefore taking away the rural atmosphere leaving property that' uld be too small to develop. Commissioner Edwards made motion to open public hearing on case G-05-006, even though not required to have to do so. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: Edwards, Blassingame, Duffy and Byerly Nay: None Commissioner Byerly opened the public hearing at 7:23 p.m. se G-05-006 from table. Planning & Zoning Commission Minutes - March 14,2005 PagE! 3 of 8 Trail LLC, stated the need way from the school for if an alignment has to be ~ :I~r, representing the Jones Family, spoke ~. ould be detrimental to all commercial if McDonwell School Road and LD ~:lrnative alignment D provides for the better " " 'Ichael Dud rling Drive, stated a north south road is not needed, ever, would r A, Commissioner Duffy's idea of E. , ~. B ',:::::.;....~uspen, 59000.:.aterling Drive, stated being against alignments B & C. Mr. Husp'l: stated ne_g to expand LD Lockett and McDonwell School Rd to 4 lanes. -'::;" Hu~ ~~' stated alignment A would provide the need for the new school.'>:~~ # Marty Gohr," W. Lavaca Trail, stated LD Lockett and McDonwell School Rd need to be expanded. Mr. Gohr, stated alignment C would be more feasible, because it would provide the buffer needed for the commercial and residential properties. Lorraine Gohr, 809 W. Lavaca Trail, stated wanting to keep the rural atmosphere. Mrs. Gohr questioned the need for a north south street, except for the school needing the street. She stated seeing the need for the street in the master plan. Mrs. Gohr stated she will always support the most westerly alignment and the road being two lanes. Planning & Zoning Commission Minutes - March 14, 2005 Page 4 of 8 Ruth Ann Plain, 909 W. Lavaca Trail, spoke in favor of the new alignment 0, especially getting children back and forth to the new school being built at the corner of Precinct Line and McDonwell School Road. Mrs. Plain stated concerns for the water drainage issues. Timothy B. Perkins, 6032 Sterling Drive, stated liking the new alignment "E" that Commissioner Duffy. Mr. Perkins stated wanting a clean cut for the commercial and residential properties. , ;;; Ken Damron, 5830 Crescent Lane, stated not liking ent C at all, however could live with alignment E that Commissioner 0 gested. There should not be any roads coming down south from L &ause of the school. A street from Lavaca Trail to the new school wou t e....'... alternative. ~ Mark Christman, 5825 Crescent Lane, . ~rred with ~ .... erkins and Mr. Damron and would like to see alignme be developed. Jon Moody, 5935 Crescent Lane, s " e safet ~.f getting chr:1f! back and forth to school being an issue. Mr. Mo ouls;k .' 0 see a buffer'~o in behind the commercial property and the Emera!'- ''''i:cJition to prevent any mischief. Mr. Moody would like to se 'ment E be loped. , ~ Marty Stadjahar, 101 Willia . s land at 816 LD Lockett, concurs with Mr. Mittag, Mr. . an and stated needing to widen LD Lockett and McDo II . d. r. Stadjahar stated the commercia.1 tra!Ym,l@J"l. ~', to stay, ' m,~ ark addi~ion. Mr. Sta~jahar stated puttln If~ deve "(Ilent n a Wal-Mart would hinder that bUSiness. The type q "mercial Id nee e picked very carefully. The ease west corridors n" ..be imp d. Lisa Stadjahar;~ '. " hd owns land at 816 LD Lockett stated w. ~~~e t. ..~ Mrs. Stadjahar stated McDonwell School an '~.~.', ;Qck . ~Id be widened and improved. She stated not convinced 'i" '._ .". , ,{;:{L >north sout,,~et {,,}d accomplish what is wanted in Colleyville. Mrs. "<::,:g;!~djahar state \ ,'eding"~~~~keep the rural lifestyle in the city. She stated that '~:merald Park is tfl'itbuffer f>~tween the commercial properties. '\>:-~"'-/\*<:'~- ....*....vv Johl~f . tier, 908 j'" '$. ockett, stated having a vested interest in the land. The alignm ,A or . . . e the prime alignments and that is what is on the master plan. 'stated Emerald Park is the buffer for those commercial properties a ' . a great asset to the city. Mr. Butler stated alignment E is going to happen an way, the fire lane is just an emergency access and that is what was approved. The commercial property that comes in is going to accomplish alignment E. Mr. Butler said the need for a two lane street would be good to keep the residential feel. The city needs the roads fixed and commercial property is what will help the revenue for the city. The city needs to progress. These lots were created many years ago and this thoroughfare was approved long ago in the master plan. John Mcintosh, 6636 Carston Court, representing family that still owns a 5 acre Planning & Zoning Commission Minutes - March 14, 2005 Page 5 of 8 tract on Lavaca Trail and have since 1976, stated being opposed to alignment A, but would be in favor of alignment C. There does need to be a street to abut the school for the school traffic. Richard Batte, 5912 Sterling Drive, stated alignment C and B would not work; alignment A and D would work. Mr. Batte stated there would be access to the school off of McDonwell and Precinct Line Road. David Ray, 5909 Sterling Drive, stated the alignment EJt@t Commissioner Duffy proposed would be the better choice. Mr. Ray state<g~tiing strongly opposed to a north south collector street. .,,' < Will Butler, 908 LD Lockett, stated being in f~f . '. '. ments A and D. Mr. Butler stated Colleyville needing the revenu ' ~ retail. Iso stated Emerald Park is the intended buffer for the comme nd residenti 'perties. There being no one wishing to speak, blic hearing was cI . at 8:00 p.m. Commissioner Duffy made motion to k for 5 ,tes. Comml ,ner Byerly seconded. '-:. . o sta gards to the new alignment, rth - th street, and to support the school. with a : '. 0 want to separate the commercial and 'ssion ffy stated being opposed to A and D rties in to smaller lots, creating more Iready cr he needed buffer. tated having support from citizens from Lavaca and LD . Donwell School Road proposed street is a necessity affic. < mmissioner Edwards stated Emerald Park creates '^, ',R, ed there possibly being street lights at Lavaca and LD Lod~~~:;, Commis . er Edwards stated residents knowing about alignment A and hcNit:W,anne ," this alignment for a long time. ,. ssingame questioned staff about the school zone boundaries serving the ea? Barry LeBaron stated not knowing. Commissioner Blassingame stated if children still ride their bikes to school, then there is a need for a north south street so that they would not have to ride on Precinct Line Road. Commissioner Edwards stated if the vote is to not put a road by the commercial, that commercial development can still develop a road. Commissioner Byerly questioned staff the new commercial development could then be responsible for their cost of the street if the street is indicated on the master plan. Barry LeBaron stated the purpose of a master thoroughfare plan is Planning & Zoning Commission Minutes - March 14, 2005 Page 6 of 8 to provide for continuity as properties develop. Commissioner Duffy questioned staff about the drainage? Barry stated the street does provide for a good opportunity to provide drainage easements. Commissioner Duffy made motion to approve alignment "c" from McDonwell School Road, and then between Lavaca and the fire stub and stop, then when Mr. Cole develops the remainder of the commercial property then Mr. Cole could provide for a road at that time. Commissioner Duffy st~~.~ not needing a north south connecting LD Lockett at this time.," ,&.w Commissioner Byerly questioned staff about the "b out? Barry LeBaron stated it being a second entrance to the Emeral Won in the future. , ~:i::" . .;:~ Commissioner Byerly seconded Commissi ~Duffy's mo .. , The motion to approve failed by the foil vote: Aye: Duffy and Byerly Nay: Edwards, Blassingame Commissioner Duffy stated making the the new alignment E. Commissioner Blassingame Park; the developer has alre Blassingame made motion to Road to Lavac ith no seconded.'s:;. :i The motio ',' pprove fa' by the Aye: Edwa ~,.Iassin' and Du Nay: Byerly S:,'~. , '''is:~' ated needl a road south of Lavaca and it would be 'istent W, r plan. . mmlSSloner .ards stioned Commissioner Byerly as to why he did not '~?rt the align t D? ~~'ommissioner Byerly stated that alignment puts too m()\~;: ressure on;. e development of the property as opposed to keeping the large ' s. Co sioner Byerly stated Emerald Park created the buffer. Commr er > . ds concurred that addition changed the layout of the master plan. Commissione . lassingame stated these residents who bought in to Emerald Park did not know of a road being put in their back yards; the developer has plenty of room to be able to develop with the current flow for traffic. Commissioner Blassingame stated Commissioner Duffy's suggestion about stopping the road at the fire stub would be routing a road that would lead to no were. on the speakers in favor of ed for a road next to Emerald the road. Commissioner from McDonwell School aca. Commissioner Duffy Commissioner Byerly questioned Commissioner Blassingame if the road was to run along the northern boundary of the commercial property then Emerald Park would not be abutting a road? Commissioner Blassingame stated if the Planning & Zoning Commission Minutes - March 14, 2005 Page 7 of 8 suggestion is to run south along the east side of the commercial property, south of Lavaca Trail and then make an intersection? Commissioner Byerly stated to make an outlet from the road on to Precinct Line. Commissioner Blassingame concurred with the suggestion, but not to run in the commercial space, that would not be fair to the developer or the residents. Commissioner Duffy concurred with Commissioner Blassingame. Commissioner Byerly made motion to approve alignm~[It C from McDonwell School Road then to the northern boundary of Emer . ~~~rk then to go west to Precinct Line along the property boundary. ;{{ 'missioner Blassingame seconded .~~~~ . k"%'?;';':, ~::::. .",,{~, Commissioner Edwards questioned the ne ~~fy nee '.", taking a maximum amount of space from the middle. ;~ the comm' I development? Commissioner Edwards stated the pro ith only have of ". oad being built when the commercial property deve 'Barry Le aron replie ", ing for sites with mid-box sizes to fill the space whe ing these p .erties, the alignment that the Commission has sug work for those properties. ~ Commissioner Edwards qu~~' ed if the m could be amended to align with the North Richland Hills Str :~m::~~sioner Iy concurred. olio ," te: an ignment C from McDonwell School Road Id Park then to go west to Precinct Line ing & Zoning Workshop went well with the PUD ,', g for the PUD regulations will be on April 11, 2005. ":~~ ADJOURNMENT The Commission adjourned the meeting at 9:21 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: ------------------- Planning & Zoning Commission Minutes - March 14, 2005 Page 8 of 8 .~ 1"exa5 PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 28, 2005 P-05-009 - Final Plat of Lot 1 R and Lot 2, Block 1 of the Baum Addition, being a replat of Lot t, Block 1, Baum Addition, 3.16 acres located on the west side of Behrens Road, south of Glade Road STAFF REVIEW COMMENTS David and Robin Baum have submitted a replat for 3.16-acres located on the west side of Behrens Road, south of Glade Road. The plat will subdivide the existing platted lot to create two single family lots. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. Zoning, The property is zoned R40 Single Family Residential. The proposed lots meet the requirements of the approved zoning ordinance for this development. Perimeter Street Improvement Requirements. Perimeter street improvements are required for a portion of this property since Behrens Court does not meet the current roadway standards of the Land Development Code. The portion of the property subject to this requirement is the new vacant lot, Lot 1 R. The owner is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City prior to the issuance of any building permits. The cash escrow amountfor Lot 1 R is $140.80. SUMMARY This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. Public hearing notices were sent to each property owner within 200 feet of the lot within the same subdivision. Notice of this public hearing was also published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. The developer has addressed all Development Review Committee comments. Since this final plat contains less than five lots, only the approval of the Planning and Zoning Commission is required. The proposed development appears to satisfy the platting standards contained in the Land Development Code. RECOMMENDATION Approval Agenda Item No.1 - Page 1 ATTACHMENTS · Location and Zoning Map · Plat · Development Review Committee Memo · Applicant Response Prepared by: C'~ ;L~ Chris Fullerl Development Coordinator Agenda Item No.1 - Page 2 Location and Zoning Map Agenda Item No.1 - Page 3 .&i::a-::.- ~ : l' di __1 !I! "'~,i'~ II( .I '''v/ Ii ~,~~), Ii ') "- 'I '~ ;1 !.9~ ':. ( . -"''1'1 t : -1----=-~ee-~-~J.,./ ..,"e"= I +- ~~ ~'_~:.,~;t~. ~1.,,1$lI;.-,>'K:l~' ~-'l',~'_~U~ ~~!.lI<iA<~W'_~_~' '~':,~.:~~~~ if=: Plat CLlDI ti<~'~m1:~ LOT 1R tlfl1.4C:M1a (t't~H-!'; ~lf'W'3ftfJUt ~ e t.l ~ ! ~ ~ ~ ~ I ~ __~~IV"M't)_",il!'$t: ow.'~_~""'1.lt~M~ ~~.... ..:t't":!!'I'~~"'~~~ l<*;/I!iilliJ,'~~,,'!m ~1bNC~lonl' ~:t'''''''~ ~ Ii '1 !! 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AliD LOT 2,1ILOCK 1 BA ON Agenda Item No.1 - Page 4 Development Review Committee Memo DATE March 7, 2005 TO Breece Higgins FAX NO 817-428-0598 FROM Chris Fuller, Development Coordinator SUBJEC P-05-009 Baum Addition - Replat T The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Add a fire hydrant to the south end of Lot 2 (onto the existing water line). Contact Jeff Jones, Fire Marshall, 817.488.6277 for more information. 2. Show and label all existing permanent structures on the exhibit. Include the following information: location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. Contact Chris Fuller, Development Coordinator, 817.503.1054 for more information. 3. Provide a statement on the plat exhibit indicating if existing structures will remain or be removed from the property. 4. Provide the area for each lot expressed in square feet on the plat. 5. Provide a Taxes Paid Certification, per Section 8.11.B of the Land Development Code. The applicant shall submit evidence from all local public taxing entities indicating that no delinquent taxes are due. 6. Provide a note on the plat stating: "Any future divisions of these lots will require full compliance with the unimproved street requirements applicable at the time of any subsequent replatting." Contact Chris Fuller, Development Coordinator, 817.503.1054 for more information. Agenda Item No.1 - Page 5 The Following Comments are Informational and Do Not Require a Response: PERIMETER STREET IMPROVEMENT REQUIREMENTS, Perimeter street improvements are required for this property since Behrens Court is considered an unimproved street. The developer shall pay, or provide an equivalent amount of cash escrow for future improvement by the City, the applicable perimeter street charge for the initial one hundred feet of street frontage. The applicable perimeter street charge shall be reduced 0.2% per linear foot of frontage in excess of one hundred feet, not to exceed fifty percent of the applicable additional street frontage. The fee only applies to the newly created lot and must be paid before the plat is recorded with the County Clerks Office. The lot with the existing residential dwelling is exempt from this requirement. Contact Chris Fuller, Development Coordinator, 817.503.1054 for more information. 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 Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION, Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee only applies to the newly created lot and must be paid before the plat is recorded with the County Clerks Office. The lot with the existing residential dwelling is exempt from this requirement. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 28, 2005, 7:00 p.m. Not Required Agenda Item No.1 - Page 6 Please submit the following to our offices: · 11 folded copies of the revised Final Plat drawing · one 8%" x 11" reduced copy of the revised exhibit · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. The above requested items must be submitted no later than noon on Tuesday, March 22, 2005 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at fullerc@cLcollevville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.1 - Page 7 Applicant Response Agenda Item No.1 - Page 8 .~ Texas PLANNmG&ZONmGCOMM~gON AGENDA BRIEFING Agenda Date: Subject: March 28, 2005 P-05-011 - Preliminary Plat on 24.108 acres, out of the William Dunn Survey, Abstract 404, located at 6805 Pleasant Run Road STAFF REVIEW COMMENTS Stonebridge Development is the potential developer of a 24.1-acre parcel of property located on the east side of Pleasant Run Road, south of John McCain Road. The developer has submitted a Preliminary Plat to divide the property into 32 lots for the construction of twenty-nine new single-family residences and three open space lots. The developer proposes a gated subdivision entrance on Pleasant Run Road. The street, Fegans Path, will continue through the development to a proposed street connection with the Warwick Parc subdivision, which is currently under development to the east of the site. An emergency access gate will separate the two subdivisions. As of this writing, the preliminary plat exhibit does not contain street names for the four cul- de-sacs within the development. The surveyor has informed staff that the developer will provide the Planning & Zoning Commission with a revised plat exhibit with street names, prior to the public hearing. Zoning. A zoning application (Z-05-008) is being considered concurrently on the Planning & Zoning Commission agenda with this plat application in order to ensure the proposed lot configuration. The applicant is proposing to rezone the property from AG- Agricultural to R40 and R20 Single Family Residential designations. The proposed lots meet the dimensional standards for the applicable zoning district. Open Space. No open space is required for the R40 and R20 districts; however this project provides three open space lots. The primary open space lot will be centrally located within the neighborhood, Lot 16, Block 1, and will contain a detention pond. The other two open space lots will extend from John McCain Road to the southern boundary of the property and will contain the 10-foot required trail. A notation on the plat exhibit indicates that all structures will be removed prior to development. Staff and the developer are in the process of drafting a City-Developer Agreement regarding ownership, transport, and maintenance of the log cabin. Right-of-Way Dedication, Pleasant Run Road is classified as a Minor Arterial roadway on the Master Thoroughfare Plan, which requires an ultimate right-of-way width of 75 feet. The developer is dedicating approximately 50 feet of additional right-of-way along Pleasant Run Road in order to provide the required right-of-way dedication. Agenda Item No.2 - Page 1 Sidewalks and Trails. The Land Development Code requires a 10-foot wide trail along Pleasant Run Road, and sidewalks along John McCain Road and all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. The sidewalk along John McCain Road is required to be 5-feet wide, and the developer is required to construct the sidewalk as part of the public improvements for this property. Staff recommends the required 10-foot trail be placed within an easement on the eastern border of the property, adjacent to Warwick Park, because it will utilize the portion of this property that has frontage along John McCain Road, and extends through the subdivision to the City of Colleyville soccer fields to the south of the development. The plat exhibit designates the open spaces as a "Trail Area" but does not dedicate a public access easement. An easement must be shown on the plat in order for the trail to be constructed within the open space lots. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Pleasant Run Road and John McCain Road are considered unimproved streets and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. 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 RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, WATER SEWER 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 residential lot. The fee must be paid before the plat is recorded with the County Clerks Office. SUMMARY Not all of the Development Review Committee comments have been addressed. The following requirements should be addressed and satisfied prior to approval of the plat: 1. All street names should be indicated on the plat; 2. A public access easement must be granted along the vertical open space lots on the east side of the property. Agenda Item No.2 - Page 2 The applicant has submitted the preliminary plat concurrently with the rezoning request in order to assure the Commission and the citizens of Colleyville that the proposed lot configuration will be developed accordingly. Typically, on a Planning and Zoning Commission agenda the consideration of plat applications precede zoning requests; however, staff recommends the Commission take action to consider the zoning request prior to hearing the preliminary plat request. This preliminary plat also requires approval by the City Council. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 28, 2005 City Council: May 3,2005 RECOMMENDATION Staff has contacted the applicant, who has agreed to submit revised copies of the preliminary plat that will contain street names and the necessary easement for the trail prior to the Planning & Zoning Commission public hearing. The plat exhibits will be available to the Commissioners prior to the meeting. Approval, with the condition that the applicant provides the following information on the plat exhibit prior to City Council consideration: 1. Indicate street names on the plat exhibit; 2. Indicate a public access easement along the vertical open space lots on the east side of the property. ATTACHMENTS · Location Map · Development Review Committee Memo · Plat Prepared by: ct-:- /c:JL Chris FUlle,( Development Coordinator --- Agenda Item No.2 - Page 3 Zoning and Location Map D NORTH AG Agenda Item No.2 - Page 4 Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE DATE March 18, 2005 TO David Moak FAX NO 817.282.0401 FROM Chris Fuller, Development Coordinator SUBJEC P-05-011 - Preliminary Plat - Stonebridge Parc T The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a lot and block designation for the vertical strip of land in the northeast section of the property. Indicate any easements that may be dedicated within this section of land. 2. Add a note to the plat document indicating whether existing structures are permanent or will be removed. 3. What is the plan for the log barn? Please contact Monica Walsh, 817.503.1182 for additional information 4. Add a note on the plat document indicating the open space lots will be HOA maintained. 5. Will the community be gated? 6. If the development is a gated community with a private street: Permit Fee - To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, an application fee of $700 shall be paid prior to scheduling the application for public hearing. 7. Indicate the street name on the plat document. 8. Indicate location of all proposed drainage and utility easements. Please contact Robert Woods, 817.503.1094 for additional information. Agenda Item No.2 - Page 5 9. Provide Flood Note and indicate flood zone area as per FIRM Panel Number 48439C0195H. Please contact Robert Woods, 817.503.1094 for additional information. 10. Dead end water mains will have a 2" blow off for flushing. Contact the Public Works Department, 817.239.0881, for additional information. 11. Provide a Tree PreseNation Plan - The subdivider shall submit a tree sUNey or an aerial photograph indicating the general coverage of trees. Where trees are proposed for removal, the subdivider shall submit a tree replacement plan. The tree sUNey, aerial photograph and tree replacement plan shall be in accordance with Chapter 5 - Tree PreseNation of this Land Development Code. 12. The Parks and Recreation Department recommends that the trail along Pleasant Run (as shown in the Trail Master Plan) be relocated to the East side of the property. Please contact Monica Walsh, 817.503.1182 for additional information. 13. The Parks and Recreation Department recommends an easement from the north to the south of the property for trail connectivity. Please contact Monica Walsh, 817.503.1182 for additional information. 14.ls a pond located in the open space? Please contact Monica Walsh, 817.503.1182 for additional information. 15. Provide Certification Blocks - All plats shall contain the appropriate certification blocks which shall be similar to those shown: Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _ day of ,20_, to approve this Plat. Chairman, Planning and Zoning Commission Attest: Secretary, Planning and Zoning Commission City Council Approval Whereas the City Council of the City of COlleyville, Texas voted affirmatively on this day of ,20_, to approve of this Plat. Mayor, City of COlleyville Attest: City Secretary Agenda Item No.2 - Page 6 Dedication Certificate WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County, Texas, and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows: (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Wrtness our hands this day of ,20_. Owners Name STATE OF TEXAS }{ COUNTY OF TARRANT }{ Before me, the undersigned Notary Public in and for said county and State on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein staled. Given under my hand and seal of office this _ day of ,20_. Notary Public in and for Tarrant County (affix seal) My printed name My commission expires: Surveyor~Certification KNOW ALL MEN BY THESE PRESENTS: Agenda Item No.2 - Page 7 That I, , a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground. Signature Date (Affix Seal) The Following Comments are Informational and Do Not Require a Response: 1. Provide the number of lots in the title block. This is a request, not a requirement. 2. Provide the total acreage in the title block. This is a request, not a requirement. 3. If the development is a gated community with a private street: A. All restricted acc ess 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. B. 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. 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. C. Resident Only 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. D. Hold Harmless - The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and Agenda Item No.2 - Page 8 appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, seNants and E. 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 seNice providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility seNices, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier 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. F. The following statements must be noted on the final plat document: PLAT DEDICATION CERTIFICATE 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 , 20 day of (provide name and title) 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 Lot Owners), 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 Addition), 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 and/or 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. Agenda Item No.2 - Page 9 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, 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 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 OFTHE 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. 4. Trees not located within the right-of-way must be preserved during the construction of the subdivision. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of- Agenda Item No.2 - Page 10 way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence or other similar fencing with a four-foot (4') approximate height. The fencing must remain in place during the entire construction period 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. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Pleasant Run Road and John McCain Road are considered unimproved streets and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. 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. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 4. SIDEWALKS AND TRAILS. The Land Development Code requires a 10-trail along Pleasant Run Road and sidewalks along John McCain Road and all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. The sidewalks along John McCain Road are required to be 5-feet wide, and the developer is required to construct the John McCain Road sidewalk as part of the public improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 28, 2005, 7:00 p.m. Tuesday, April 19, 2005 & May 3,2005 Agenda Item No.2 - Page 11 RESUBMITT AL REQUIREMENTS Once you have completed the changes to the drawing, please submit the following to our office: 1. Twelve (12) folded copies of the plat drawing with the title block facing out and one (1) reduced copy (8%" x 11") 2. one letter-size or ledger-size reduced copy of the revised exhibit 3. Four (4) sets of Preliminary Utility Plans and Preliminary Drainage Analysis. Please contact me at fullerc@cLcollevville.tx.us or 817-503-1054 if you have any questions. The above requested items must be submitted no later than noon on Wednesday, March 23, 2005 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Agenda Item No.2 - Page 12 Plat ......~-lt,)"__ ~ I" ! 21 121 __.__,11 @ -1 71: / ~ ~- =a- Agenda Item No.2 - Page 13 .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 28, 2005 Z-05-008 - PUBLIC HEARING - Zoning change from AG to R40 and R20 on 24.108 acres, out of the William Dunn Survey, Abstract 404, located at 6805 Pleasant Run Road STAFF REVIEW COMMENTS Stonebridge Development is the potential developer of a 24.1-acre parcel of property located on the east side of Pleasant Run Road, south of John McCain Road. The applicant has submitted a request to change the zoning of the property from AG Agricultural to R40 and R20 Single Family Residential districts. The owner is seeking a zoning change in order to develop the property as single family residences. The developer proposes to construct 29 single family lots and three open space lots. The density of the proposed development is 1.2 dwelling units per acre. The zoning exhibit shows eight R40 lots within the development. Three R40 lots have frontage along Pleasant Run Road, with the remaining R40 lots extending into the proposed subdivision. There are 21 R20 lots continuing through the development to the Warwick Park subdivision that is located to the east. The applicant is proposing three open space lots. The primary open space lot, Lot 16, Block 1, will contain a detention pond and will be accessed via an HOA maintained 15-foot trail. The remaining two open space lots extend vertically from John McCain Road to the southern border of the property. Staff recommends a 10-foot trail, as required by the Master Trail Plan, be placed within these lots. The developer proposes a gated subdivision entrance on Pleasant Run Road. The street, Fegans Path, will continue through the development to a proposed street connection with the Warwick Pare subdivision, which is currently under development to the east of the site. An emergency access gate will separate the two subdivisions. The property is not currently platted and will require approval of a subdivision plat at a later date, upon approval of the rezoning request. The applicant has submitted a preliminary plat, which is also on the March 28, 2005, public hearing agenda. The surrounding property is single family residential in nature. Property to the north is zoned R40 and AG, and is currently used for single family residences. Property to the east is zoned R20, and is under development as a single family subdivision. The property to the south, which is owned by the City, is zoned AG and is used for practice soccer fields. Property to the west, across Pleasant Run Road, is zoned AG and RE and is developed as single family residences. The existing property has 580 feet of frontage along Pleasant Run Road and is approximately 1,489 feet deep. The developer has submitted a conceptual layout of the Agenda Item No.3 - Page 1 property showing a potential lot configuration. The proposed lots, as shown on the zoning exhibit, appear to meet the R40 and R20 zoning requirements. Approval of the rezoning request does not constitute approval of the proposed lot layout and does not bind the developer to any particular lot arrangement. The following is an analysis of the major issues associated with this rezoning request. Master Plan. 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: · Promote greenbelts and buffer areas in front of subdivisions adjacent to major thoroughfares. · Continue development of luxury residential areas while maintaining the "country feel" along major collector streets · Encourage redevelopment of older properties located along major collector streets into estate settings Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. Based on 29 residential lots, the applicant's proposed density is 1.2 dwelling units per acre. Lot Sizes & Widths. The R40 regulations require a minimum lot size of 40,000 square feet. The R20 standards allow for a minimum lot size of 20,000 square feet. The applicant proposes to create 29 single family lots, each adhering to the lot area required by the respective zoning districts. Open Space. No open space is required for the R40 and R20 districts; however this project provides three open space lots. The primary open space lot will be located within the neighborhood, Lot 16, Block 1, and will contain a detention pond. The other two open space lots will extend from John McCain Road to the southern boundary of the property and will contain a 10-foot required trail. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. The Development Code requires these sidewalks to be four feet in width. The Master Trail Plan shows a 10-foot trail along the frontage of Pleasant Run Road; however the precise location of the trail will be determined at the time of platting. Staff recommends the 10-foot trail be placed on the eastern border of the property, adjacent to Warwick Park, because it will utilize the portion of this property that has frontage along John McCain Road, and extends through the subdivision to the City of Colleyville soccer fields to the south of the development. IMPACT ISSUES 1. Master Plan. This request is consistent with the goals and objectives of the Master Plan. Agenda Item No.3 - Page 2 2. Surrounding Properties. The surrounding properties are developed as single family uses. 3. Development Trends. The development trends in this area primarily focus on single family development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 24.1-acre parcel is valued at $1,051,900. The estimated City property tax revenue for the undeveloped property is $3,654 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 29 proposed residences would add 277.5 vehicle trips per day to the surrounding roadways. 7. Public Notification. Staff mailed notices to 20 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: March 28, 2005 City Council: April 19 and May 3, 2005 SUMMARY The applicant has submitted the preliminary plat (P-05-011) concurrently with the rezoning request in order to assure the Planning & Zoning Commission and the citizens of Colleyville that the proposed lot configuration will be developed accordingly. Typically, on a Planning and Zoning Commission agenda the consideration of plat applications precedes zoning requests; however, staff recommends the Commission consider the zoning request prior to hearing the preliminary plat request. RECOMMENDATION Staff recommends approval of the rezoning request. Agenda Item No.3 - Page 3 ATTACHMENTS · Comparison of Existing & Proposed Zoning District Regulations · Zoning and Location Map · Information and Drawings from Applicant · Draft ordinance Prepared by: /L-/~ Chris Fuller I Development Coordinator Agenda Item No.3 - Page 4 Comparison of Existing & Proposed Zoning District Regulations REGULATIONS EXISTING PROPOSED PROPOSED AG R20 R40 Maximum Density 0.3 DUlAC 2.1 DUlAC 1.25 DUlAC Minimum Lot Area 130,680 SF 20,000 SF 40,000 SF Minimum Lot Width 200 FT 100 FT 150 FT Minimum Lot Depth 300 FT 125 FT 150 FT Minimum Front 40 FT 30 FT 40 FT Yard Setback Minimum Rear 40 FT 25 FT 25 FT Yard Setback Minimum Side Yard 25 FT 10 FT 15 FT Setback Maximum Lot 20% 30% 20% Coverage Maximum Number 2.5 2.5 2.5 of Stories Maximum Building 35 FT 35 FT 35 FT Height Agenda Item No.3 - Page 5 Zoning and Location Map u NORTH AG Agenda Item No.3 - Page 6 Information and Drawings from Applicant ~~ ~T'" : '::.. Agenda Item No.3 - Page 7 ORDINANCE NO. 0-05-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 24.01 ACRES OUT OF THE WILLIAM DUNN SURVEY, ABSTRACT 404, FROM THE AG-AGRICUL TURAL DISTRICT TO THE R40 AND R20 SINGLE FAMILY RESIDENTIAL DISTRICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Stonebridge Development on March 4, 2005, under Case No. Z-05-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of CoUeyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural district to the R40 and R20 Single Family Residential districts, as described in the attached Exhibit "A" and as depicted on attached Exhibit liB". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-05-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION FIELD NOTE DESCRIPTION ALL of that certain tract or parcel of land situated in the WlLUAM DUNN SURVEY. Patent No.366. Volume 41. Abstract No.234 and containing a portion of the tract described in the deed to The Alholm Family Limited Partnership as recorded in Volume 14159. Page 261. Deed Records. Tarrant County. Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch steel rod with cap stamped ..MOAK SURV INC.. set for the southwest corner of Lot 5. Adair & Brown Estates. an Addition to the City of Colleyville. Tarrant County. Texas as recorded in Volume 38B-121. Page 55. Plat Records. Tarrant County. Texas; THENCE North 89 degrees Sl minutes 24 seconds East with the southerly boundary line of said Lot 5 a distance of 430.00 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC.. set for the south east corner of same; THENCE North 00 degrees 08 minutes 48 seconds West with said easterly boundary line of same. 612.09 feet t.o a nail set in the approximate centerline of John McCain Road; THENCE North 89 degrees 51 minutes 24 seconds East with said approximate centerline. 40.26 feet to a nail set for the northeast corner of same and also being the northwest corner of the tract described in the deed to Lyndia M. Alholm. et al as recorded in Volume 12386. Page 2348 of said Deed Records; THENCE South 00 degrees 11 minutes 59 seconds East with the easterly boundary line of said Alholm tract. 1465.50 feet to a 5/8 inch steel rod found for the southeast corner of same; THENCE North 89 degrees 41 minutes 01 seconds West with the southerly boundary line of said Alholm tract. 1489.32 feet to a nail set for the southwest corner of same and being in the approximate centerline of Pleasant Run Road; THENCE North 00 degrees 36 minutes 05 seconds West with said approximate centerline. 580.25 feet to a nail set; THENCE South 89 degrees 21 minutes 16 seconds East. 669.96 feet to a 1/2 inch steel rod found for the most southerly southeast corner of Lot 4. Adair & Brown Estates. an Addition to the City of Colleyville. Tarrant County, Texas as recorded in Volume 388-120. Page 8 of said Plat Records; THENCE North 60 degrees 50 minutes 22 seconds East with the southerly boundary line of said Lot 4 a distance of 402.93 feet to 5/8 inch steel rod found for the most easterly southeast corner of same; THENCE North 00 degrees 08 minutes 36 seconds West with the easterly boundary line of said Lot 4 a distance of 75.00 feet to the PLACE OF BEGINNING and containing 24.108 acres of land. more or less. ~~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 28, 2005 Z-05-009 - PUBLIC HEARING - Zoning change from AG to R40 on 1.155 acres, out of the S.C.H. Witten Survey, Abstract 1619 located at 5500 Montclair Drive STAFF REVIEW COMMENTS Thomas & Faye McCurry are the potential developers of a 1.155-acre parcel of property located at 5500 Montclair Drive. The applicant has submitted a request to change the zoning of the property from AG Agricultural to R40 Single Family Residential. The owner is seeking a zoning change in order to develop the property as a single family residence. . The developer proposes to construct one single family lot. The property is not currently platted and will require approval of a subdivision plat at a later date, upon approval of the rezoning request. The existing property has 180 feet of frontage along Montclair Drive and is approximately 280 feet deep. The R40 zoning district requires a minimum lot width of 150 feet, a minimum lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The developer has submitted a conceptual layout of the property showing a potential lot configuration. The proposed lot, as shown on the zoning exhibit, appears to meet the R40 zoning requirements. Approval of the rezoning request does not constitute approval of the proposed lot layout. The surrounding property is primarily single family residential in nature. Property to the north is zoned AG, and is currently used for single family residences. Property to the west is zoned R20, and is a single family subdivision. The properties to the south and east, are zoned R40 and are developed as single family residences. The following is an analysis of the major issues associated with this rezoning request. Master Plan. 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 · 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 Agenda Item No.4 - Page 1 Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The maximum residential density for the R40 zoning district is 1.25 dwelling units per acre. The applicant's proposed density is in compliance with the Master Plan. Lot Sizes & Widths. The R40 standards allow for a minimum lot size of 40,000 square feet. The applicant proposes to create one single family lot that adheres to the lot area required by the R40 zoning district. 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 are created in the future, this requirement will be reevaluated at that time. IMPACT ISSUES 1. Master Plan. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as single family uses. 3. Development Trends. The development trends in this area primarily focus on single family development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 1.55-acre parcel is valued at $196,900. The estimated City property tax revenue for the undeveloped property is $684 annually. The future property tax revenue would depend upon the value of the 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. 7. Public Notification. Staff mailed notices to 15 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. Agenda Item No.4 - Page 2 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 28, 2005 City Council: April 19 and May 3, 2005 RECOMMENDATION Staff recommends approval of the rezoning request. ATTACHMENTS · Comparison of Existing & Proposed Zoning District Regulations · Zoning and Location Map · Information and Drawings from Applicant · Draft ordinance Prepared by: /~ ~/C-- Chris Fuller { Development Coordinator Agenda Item No.4 - Page 3 Comparison of Existing & Proposed Zoning District Regulations REGULATIONS EXISTING AG PROPOSED R40 Maximum Density 0.3 DUlAC 1.25 DUlAC Minimum Lot Area 130,680 SF 40,000 SF Minimum Lot Width 200 FT 150 FT Minimum Lot Depth 300 FT 150 FT Minimum Front 40 FT 40 FT Yard Setback Minimum Rear Yard 40 FT 25 FT Setback Minimum Side Yard 25 FT 15 FT Setback Maximum Lot 20% 20% Coverage Maximum Number 2.5 2.5 of Stories Maximum Building 35 FT 35 FT Height Agenda Item No.4 - Page 4 Zoning and Location Map 11 NORTH Agenda Item No.4 - Page 5 Current Zoning: A.20 torn Current Zoning: R.~O Information and Drawings from Applicant 1 r t rill T J Agenda Item No.4 - Page 6 ORDINANCE NO. 0-05-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.155 ACRES OUT OF THE S.C.H. WITTEN SURVEY, ABSTRACT 1619, FROM THE AG-AGRICULTURAL DISTRICT TO THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Thomas and Faye McCurry on March 4, 2005, under Case No. Z-05-009; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural district to the R40 Single Family Residential district, as described in the attached Exhibit "A" and as depicted on attached Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-05-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION Drive for the northeast of that certain tract of land hitsamn by Instrument recorded In Volume 14915, Page 18, DRTCT; THENCE North 00017'10" West, along the common westerly line of said Hunt tract and the easterly line of said Lot 17 and Lot 16 In said Block 1 of MONTCLAI R P ARC ADDITION, a t toa point for the~mmon northwest comer of said Hunt tract and the soiJth of the entionedChltsazan tract; THENCE South 89 the southerly line BEGINNING and CONTAINING 1.155 acres Hunt tract and OINT OF .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 28, 2005 Z-05-010 - PUBLIC HEARING - Zoning change from AG to R40 on 4.0 acres, out of the Joseph White Survey, Abstract 1692 STAFF REVIEW COMMENTS Jeff Vanderpool is the potential developer of a four acre parcel of property 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 R40 Single Family Residential. The owner is seeking a zoning change in order to develop the property as single family residences. The developer proposes to rezone four acres, which is the remaining portion of a proposed 14-acre development. The rezoning of the initial 10 acres from AG to R40 was approved by City Council February 15, 2005 (Z-04-042). This tract of land will comprise the western side of the larger development. The developer proposes to construct four single family lots on the four acres being considered for rezoning. The four acre tract of land has approximately 150 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. The property is not currently platted and will require approval of a subdivision plat at a later date, upon approval of the rezoning request. The developer has submitted a conceptual lot exhibit that consists of 12 single family lots, which is included as an attachment. Approval of the rezoning request does not constitute approval of the proposed lot layout and does not bind the developer to any particular lot arrangement. The surrounding property is generally developed as single family residences on half- acre or larger tracts. Properties to the east are zoned R40, and comprise the remainder of the proposed single family development. 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.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. 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 overal/14-acre development is 0.89 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 21 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 Per City Council instructions, the public hearing schedule for this case will be expedited. Agenda Item No.5 - Page 2 Planning & Zoning Commission: March 28, 2005 City Council: April 5 and April 19, 2005 RECOMMENDATION Staff recommends approval of the rezoning request. ATTACHMENTS · Comparison of Existing & Proposed Zoning District Regulations · Zoning and Location Map · Information and Drawings from Applicant · Draft ordinance Chris Fuller Development Coordinator ~~ -;12 /L- , Prepared by: Agenda Item No.5 - Page 3 Comparison of Existing & Proposed Zoning District Regulations REGULATIONS EXISTING AG PROPOSED R40 Maximum Density 0.3 DUlAC 1.25 DUlAC Minimum Lot Area 130,680 SF 40,000 SF Minimum Lot Width 200 FT 150 FT Minimum Lot Depth 300 FT 150 FT Minimum Front 40 FT 40 FT Yard Setback Minimum Rear Yard 40 FT 25 FT Setback Minimum Side Yard 25 FT 15 FT Setback Maximum Lot 20% 20% Coverage Maximum Number 2.5 2.5 of Stories Maximum Building 35 FT 35 FT Height Agenda Item No.5 - Page 4 Zoning and Location Map D NORTH Agenda Item No.5 - Page 5 Information and Drawings from Applicant J o USE__ 1....0__ 12 ZEl 44,073 M. OM LOTSfAc. sc~(r .~. tOO' ,..<:J ,'j-O <i-'F ~~ ~ .t<:J ~<:> "- ","-- L. J. o . >>0 2QO: LOT j {; '\- ~"'~~,,~- - tS'....~').,1~ ,,}I-o"'l: ~,,>"I- ROAD Agenda Item No.5 - Page 6 ORDINANCE NO. 0-05-1519 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.0 ACRES OUT OF THE JOESEPH WHITE SURVEY, ABSTRACT 1692, FROM THE AG- AGRICULTURAL DISTRICT TO THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Jeff Vanderpool on March 4, 2005, under Case No. Z-05-010; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-1519 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural district to the R40 Single Family Residential district, as described in the attached Exhibit "A" and as depicted on attached Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-05-1519 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION LEGAL DESCRIPTION BEING a 4.007 acre tract of land in the Joseph White SUlvey, Abstract No. 1692, Tarrant County, Texas and being a portion ofthat certain tract of land as described in deed to Howard A. Rettig and wife, Mary Kathryn Stokes Rettig as recorded in Volume 9846, Page 2204 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a PK Nail set in the approximate centerline of Shelton Road and being by deed call in the south line of said survey and being East 556.59 feet of the southwest corner of said survey; THENCE-S890 53' 41" W along centerline of said Shelton Road a distance of 174.99 feet to a P K Nail set; THENCE N 000 17' 06" W passing at 22.50 feet a 5/8" iron rod found and continuing in all a distance of 916.12 feet to a 5/8" iron rod found and said point being in the southeast line of the St. Louis and Southern Railroad right-of-way and also being by plat call the northeast corner of Lot 1 Ralph Weinbaum an addition to the City of Colleyville as recorded in Volume 388-145, Page 61 of the Plat Records of Tarrant County, Texas; THENCE N 4r 30' 59" E along said right-of-way a distance of 237.00 feet to a wood fence post at the northwest corner of a tract of land as described in deed to O. Leroy Chism, and wife Louise Bridges Chism as recorded in Volume 3373, Page 616 D.R.T.C.T.; THENCE S 000 15' 14" E along the west line of said Chism tract a distance of 1075.86 feet to the Point of Beginning and containing in all 17 4553 square feet or 4.007 acres of land. Dr:- r'\ ~1'l.VW-1n>