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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/11/2005 ~ AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, July 11, 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 Dudziak PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 27, 2005 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS PUBLIC HEARING AGENDA ITEMS 1. Case P-05-023 - PUBLIC HEARING - Replat for Jennings Estates Addition on 3.9 acres, located at 6112 and 6115 Hunter Lane 2. Case P-05-026 - PUBLIC HEARING - Replat for C-D Subdivision on 2.0 acres, located at 6513 & 6515 Colleyville Boulevard 3. Case Z-05-020 - PUBLIC HEARING - Request for a Special Use Permit for a covered carport on Lot 6, Block 1, Woodbriar Estates West Addition, located at 3609 Cliffwood Drive 4. Case Z-05-021- PUBLIC HEARING - Zoning change from AG to R20 on .815 acres, located at 2212 Glade Road 5. Case Z-05-022 - PUBLIC HEARING - Request for a Special Use Permit for a covered carport on Lot 3, Block 1, Woodbriar Estates West Addition, located at 3701 Cliffwood Drive Planning and Zoning Commission Agenda -July 11, 2005 Page 1 of 2 TABLED ITEMS STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT ~d Zoning Assistant Posted: Thursday, July 7, 2005, 9:00 a.m. Planning and Zoning Commission Agenda -July 11, 2005 Page 20'2 .~ l'ex.aS PLANNING AND ZONING COMMISSION MEETING MINUTES - June 27, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. Them Aye: Do Nay: None, Commissioner removing Comml Commissioner Edw tion to approve the minutes with the corrections of ngame on the vote for item number 4 on page 7 of 11. nded. , The motion was approv by the following vote: Aye: Dolan, Dudziak, Edwards, Duffy and Byerly Nay: None Present: Commissioners Dudziak, Luann Edwards, were present. ROLL CALL Absent: Commissi Blassingame Chris Fuller a, , resent. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards m written. Commissioner D The motion was appr Aye: Dolan, Dudzia , Nay: None Commission Commissi l", meeting minutes as the May 9, 2005 minutes. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case Z-05-018- PUBLIC HEARING- Special Use Permit for a covered carport on Lot 4, Block 1, Community Home Addition, located at 1508 Cherry Planning & Zoning Commission Minutes - June 27, 2005 , Page 1 of 3 Lane Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly questioned staff if the carport encroaches six feet or nine feet on the side set back? Chris Fuller replied encroaches 9 feet between the property and the carport. Commissioner Duffy questioned staff in regards to the prope y having a garage and workshop in the back? Chris Fuller replied correct. Com ner Duffy questioned if the building was built with the house or separate fr e house? Chris Fuller replied the applicant will have to respond. Commissioner Byerly opened the public hearing ~ Jesse Cobb, 1508 Cherry Lane, the applican' Sented the r Commissioners. . 'Iding in the . was built , , . ~ ~' g was bUilt s rate. accessory building code, how hris Fuller replied 750 square include carport. A carport is Mr. Cobb thanked th There being no 0 Commissione the letter. The it was constructe st. blic hear g was closed at 7:11 p.m. , ners should support the building code to n should not allow this request because d it exceeds code. sidents would have replied if they disliked with Commissioner Duffy however, the carport does and e of the other neighbors have opposed. Com ' questioned staff if the applicant will have to pay for the building " uller replied the permit will have to apply to the conditions set forth by ioners. Commissioner' . y questioned staff if the Commissioners could fine Mr. Cobb? Chris Fuller replied there being standards that could be applied with the granting of the SUP which Mr. Cobb would have to adhere to when applying for the building permit. Commissioner Byerly questioned staff if the carport fits in with the neighborhood? Chris Fuller replied correct. Commissioner Byerly made motion to approve case Z-05-018. Commissioner Dudziak seconded. Planning & Zoning Commission Minutes - June 27, 2005 Page 2 of 3 The motion was approved by the following vote: Aye: Dolan, Dudziak, Edwards, and Byerly Nay: Duffy Commissioner Byerly questioned staff if this case will have to go to city council for approval. Chris Fuller replied correct. Amy Shelley Planning and 20 Approved on: et standards for the Commissioner Duffy questioned staff if the city council c construction or alter the carport? Chris Fuller replied correc STAFF REPORTS None COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 7:18 Respectfully submitted, Planning & Zoning Commission Minutes - June 27, 2005 Page 3 of 3 city or ccen~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: July 11,2005 I Prepared by: i Chris Fuller Development Coordinator Subject: P-05-023 - Public Hearing - Replat for Jennings Estates Addition on 3.9 acres, located at 6112 and 6115 Hunter Lane STAFF REVIEW COMMENTS C.L. Madden has submitted a replat for 3.94-acres located at the northern end of Hunter Lane. The plat will subdivide Lot 1 R, Block 1 of the Jennings Estates Addition and Lot 2R, Block 1 of the Davis Place Addition into two additional lots. The applicant has submitted the replat for review and consideration by the Planning 'and Zoning Commission. Zoning. The proposed plat area is located within the R40 Single Family Residential zoning district. The R40 zoning designation requires a minimum lot size of 40,000 square feet, a minimum lot depth and a minimum lot width of 150 feet. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks and Trails. Lot 1 R2 and 2R1 are subject to the provisions of the Land Development Code, which requires construction of a 4-foot wide sidewalk internal sidewalks to be installed when any new residence is constructed on the property. The developer is required to construct the sidewalk as part of the public improvements for this property. Lots 1 R1 is exempt from the general sidewalk requirements as it has an existing house located on the property. Perimeter Street Improvement Requirements. Perimeter street improvements are required by the plat since Hunter Lane is considered an unimproved street. The developer shall pay, or provide an equivalent amount of cash escrow for future improvement by the City. The developer has submitted plans to construct the required street improvements, which includes the construction of the cul-de-sac at the northern end of Hunter Lane. The Engineering Department has approved the construction plans. 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 lots 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 req u irement. Agenda Item No.1 - Page 1 SUMMARY 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. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.1 - Page 2 Location Map Agenda Item No.1 - Page 3 Development Review Committee Memo DATE May 3, 2005 TO C.L. Madden FAX NO 817.788.4798 FROM Chris Fuller, Development Coordinator SUBJECT P-05-023 Jennings Estates -- Replat 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. Revise the front yard setback to state 40-feet per the R40 zoning district. 2. Revise the side yard setback to state 15-feet per the R40 zoning district. Zoning District Front Yard Side Yard Rear Yard Setback Setback Setback R40 40' 15' 25' 3. Ghost-in references to the previous lot and block information. 4. Do you intend to abandon the 10-foot right-of-way traversing the cul-de-sac that was dedicated by the Davis plat with this replat? If so, state and label intent on the plat drawing. 5. Retain and label the accompanying drainage & utility easement dedicated by the Davis plat. 6. Submit construction plans. Contact Robert Woods, Development Review Engineer, 817.503.1054 , for more information. In Your Response Letter, Acknowledge the Following Information: IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction or conditions contained in a City-Developer Agreement, if applicable. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses, Details are available in Chapter 13 of the Land Development Code. $2,666 for a 1-inch meter. $8,350 for a 2-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. $401 for a 2-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, WATER SEWER Agenda Item No.1 - Page 4 PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required by the plat since Hunter Lane is considered an unimproved street. Construction plans must be submitted to the Engineering Department. Contact Robert Woods, Development Review Engineer, 817.503.1054 , for more information. 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 for the newly created lots. An assessment of parkland dedication fees will be provided upon approval of the final plat. SIDEWALKS AND TRAILS. The Land Development Code requires internal sidewalks to be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. In lieu of constructing the sidewalks, the owner may escrow an equivalent amount of money for the future construction of the sidewalk at the time of building permit issuance. PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Engineering Department staff regarding construction plans comments, 817.503.1091. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: June 13, 2005 Please submit the following to our offices: · 12 folded copies of the revised 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 Wednesday, June 8, 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 5 Applicant's Response Re: P-05-023 Jennings Estates-Replat Dear Mr. Fuller, Per the Development Review Committee comments please find herewith the revised Replat drawing for the above referenced plat. We have revised the front yard setback to state 40-feet per the R40 zoning district; revised the side yard setback to state IS-feet per the R40 zoning district; and ghosted-in references to the previous lot and block infonnation as requested. The portion of right-of-way dedicated in A/2786, PRTCT is intended to be abandoned. This is noted on the plat. The drainage and utility easement shown on A/2786, PRTCT does not affect the subject properties; however, linework representing this easement is shown on the plat across the adjoining Lot 1, Block I, Davis Place, 388-209/96, PRTCT. Should you have any questions about the revised plat, please feel free to call me at (817)429-9898. Kind Regards, Ryan Harris Agenda Item No.1 - Page 6 Plat , ~~ b;> ~. ,> ~"~~. ~,....-___"",,;:""1 I r----r;~ I 'I · ~i \ ~ Iii!, It , I !l\I~' I; I f.'111-. Ii. . ' ~d,,\ III ~ I dtt..... 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I :d J 5 h 1 ~ Agenda Item No.1 - Page 7 -".~------,-----~---_.---.....-..". city Of ccen~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Tex.as Meeting Date: July 11,2005 I Prepared by: ! Chris Fuller Development Coordinator Subject: P-05-026 - Public Hearing - Replat for C-D Subdivision on 2.0 acres, located at 6513 & 6515 Colleyville Boulevard STAFF REVIEW COMMENTS Charlie Davidson has submitted a replat for 2.0-acres located at 6513 & 6515 Colleyville Boulevard. The plat will subdivide Lots 1 and 2, Block 1 of the C-D Subdivision into two additional lots. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. Zoning. The proposed plat area is located within the CN Neighborhood Commercial zoning district. The CN zoning designation requires a minimum lot size of 10,000 square feet, a minimum lot depth of 120 feet and a minimum lot width of 100 feet. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. The sidewalk along Colleyville Boulevard must be at least 5-feet wide and may be constructed as each lot is developed. Right of Way. The applicant has dedicated the requisite required right of way per the Land Development Code. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since Tarrant Lane is considered an improved street. Parkland Dedication. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee only applies to the newly created lots and must be paid before the plat is recorded with the County Clerks Office. SUMMARY 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. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. Agenda Item No.2 - Page 1 RECOMMENDATION Approval ATTACHMENTS · Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.2 - Page 2 Location Map Agenda Item No.2 - Page 3 Development Review Committee Memo DATE June 27,2005 Charles Davidson 817.447.3068 Chris Fuller, Development Coordinator TO FAX NO FROM SUBJECT P-05-026 CD Subdivision -- Replat 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. Remove the City Council signature block. This item only requires approval the Planning & Zoning Commission. 2. The required right of way along State Highway 26 (Colleyville Blvd.) will need to be dedicated by this plat. Contact Robert Woods, Development Review Engineer, 817.503.1094 for more information. 3. Provide 15-foot wide Drainage Public Utility Easement (D.U.E.) along the east property line of Lot 4. Contact Robert Woods, Development Review Engineer, 817.503.1094 for more information. 4. Provide a cross-access easement along the portion of the property with frontage along Colleyville Boulevard. Section 9.17.H of the Land Development Code, Mutual Access Easements, states: 1. Purpose - The purpose of this requirement is to provide public access to adjacent properties by reducing the number of driveway cuts and potential traffic accidents on adjacent streets. 2. Applicabilitv - This Section shall be applicable to properties abutting and that may derive access from a Collector Street or Arterial Street as shown on the Master Thoroughfare Plan. 3. Requirement - The City shall require the dedication of a mutual access easement to provide cross access to adjacent properties or shared use of a driveway to conform with the minimum driveway spacing standards contained in Chapter 14 of this Land Development Code. Agenda Item No.2 - Page 4 4. Easement Dimensions - Easements for shared driveways shall be 16 feet in width and 35 feet in length, but may vary given the shape of the particular tract. Easements extending across the entire width of the property shall not be less than 24 feet in width In The Response Letter, Acknowledge the Following Information: 3. A TxDOT Access Permit is required for the drive approach on State Highway 26. Contact TxDOT at 817-370-6526 for application information. Both TxDOT and the City must approve the permit. OTHER INFORMATION PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements must be paid prior to mylars being filed. Perimeter street improvements are required for this property since Tarrant Lane 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. Contact Robert Woods, Engineering Department, 817.503.1094, for more information. IMPACT FEES. Water and 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 The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $2,866 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 SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. The sidewalk along Colleyville Boulevard must be at least 5-feet wide and must be constructed as part of the public improvements for this property. SITE PLAN. Approval of a site plan and landscape plan is required before a building permit can be issued for the site. The site plan review includes review of the site layout, landscape plan, all building elevations, and site civil construction plans. The initial review process takes approximately 14 days. The application fee is $500. Please contact the Community Development offices at 817-503-1050 for information on this process. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 11, 2005, 7:00 p.m. Not Required Agenda Item No.2 - Page 5 Please submit the following to our offices: · 12 folded copies of the revised 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, July 5, 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.2 - Page 6 Applicant's Response HE: R~l.a' ShwiJlIl.Au IdJim 4, Block It C-D SBlMtwuwn. City of C~ilJe,'I'e.l:1ts {P..oS.G2li. to Review Committee Comments the following: ! block has boon removed. (see plat) 2 State !-I'll)'. No. 26 (ColleyviUe Blvd.) (see plat) 1 15 ari i'i Drainage and tltiHty Easement on lot plat) 4 plat) 11 I~ement lions Slate H-wy,No. 26 (CoUeyvilJe {terr.l1it Blvd, win be requested at time pbm approval Tarram lAne is an improv<."(} street curb and gutrer_ If nllve please do nt'lt hesitate to caR Agenda Item No.2 - Page 7 ~ ~ ~ 1) . rr- ii, ~l I JI .l, .1 II I ~ I I Plat ~;l j l~ r:. 'Z ~ ; ;1 - ~~ "".. ... j , I ~ lit ~= ...... I ~I>' ;; . ql I'i I · $ '1 I I .." it .. ! .1 I ... 1 1 ~ III II! .It I ~. ! I' p. ; il Ih ! i1 I i ~ t f j ~ .Z: :n ~t~ ; ~ " 11 j' t ~ I . f 'i ~ Uil ill ~ , I i I,J . hi i III t rt W f' 1 Jt I f ~ t~ I II, ;1 " $' I Ii ( ! ,. I jI <<.f If it h i ~ ~ ~. $; $ ~ J I i s ~ i ;t i ; Agenda Item No.2 - Page 8 ClIY Of cce~ PLANNING & ZONING COMMISSION AGENDA BRIEFING l"exas Meeting Date: July 11, 2005 I Prepared by: I Chris Fuller Development Coordinator Z-05-020 - PUBLIC HEARING - Request for a Special Use Permit for a Subject: covered carport on Lot 6, Block 1, Woodbriar Estates West Addition, located at 3609 Cliffwood Drive Staff Review Comments Request. Special Use Permit (SUP) for a carport Proposed Use. The applicant has submitted a request to permit a detached carport on the property. However, the carport deviates from several development regulations stated within the Land Development Code, as discussed in the Development Analysis portion of this agenda briefing. The applicant has submitted a letter addressing the departures from the carport regulations. Existing Conditions. The property is currently used for single family residential purposes. The property contains an existing house and the carport. The property is located within a R 15 single-family residential zoning district. Location. This is a 0.34-acre parcel of property located at 3609 Cliffwood Drive. Platting. The property is platted. Adjacent Zoning and Development. The surrounding properties consist of single family residential zoning designations. The properties on all sides are zoned R-15 and are developed as single family residences. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a SUP. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1, Maximum Size 480 square feet 578 square feet 2. Longest Dimension Allowed 24 feet 34 feet 3. Maximum HeiQht 15 ft. to hiQhest point of roof 14 feet 6 inches 4, Side Setback 10 feet 1 foot 5. Rear Setback 5 feet 5 feet 6, Maximum Number per Lot 1 1 7, Paved Parking Surface Concrete, asphalt or pavestone Concrete 8. Roof Pitch 2:12 minimum In Compliance 9. Construction of Posts brick, stone or decorative metal 3 inch steel with cedar between 12" and 48" in width facade The items indicated with bold, italicized characters do not conform with the carport regulations. The size of the carport exceeds the maximum size regulations. The Land Development Code permits carports up to 480 square feet. The proposed carport is approximately 578 square feet, which exceeds the maximum size requirement by 98 square feet. Similarly, the Land Development Code regulates the length of carport material dimensions. The longest dimension allowed for a carport is 24 feet. The longest dimension of the existing carport is 34 feet, exceeding the regulation by ten (10) feet. The proposed carport encroaches upon the side yard setback as required by the zoning district. The Land Development Code states that a detached carport, such as the one proposed by the applicant, shall be located 10 feet or more from a principal building and may extend into a required side yard, provided all of the following conditions are satisfied: (1 ) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulation. The R 15 zoning district requires a 10 foot side yard setback. The existing carport encroaches approximately nine (9) feet into the 10 foot side yard setback. The applicant's drawings illustrate a five (5) foot buffer from the edge of the carport to the fence. The post supports do not meet the minimum size standards required by the regulations. The Land Development Code states the dimension of each post as viewed from each primary elevation shall not be less than twelve (12) inches. The posts of the existing carport are three (3) inches. 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. Staff has received two letters in support to this request from property owners within 200 feet of the subject property. Public Hearing Schedule. Planning & Zoning Commission: July 11, 2005 City Council: August 2 and August 16, 2005 Agenda Item No.3 - Page 2 Summary Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in the decision to grant the SUP or not. Staff has received one letter in support of this request from property owners within 200 feet of the subject property. Since the request is a SUP, the Commission may establish conditions different than, or in addition to, the normal requirements of the Land Development Code. Recommendation Denial due to technical non-compliance with the Land Development Code. Attachments · Location Map · Letters of Support · Information and Drawings from Applicant · List of Property Owners Notified · Draft Ordinance Agenda Item No.3 - Page 3 Location Map Agenda Item No.3 - Page 4 letters of Support fl7-;t) D5 (~ 4P. - :z- tJ5- 0;1 0 J~~~. a/-~/..... ..... D/L. .~ 111~.s- ~~. d-~dJ-f~~ trlj , ,~-t:Iv ~ I 1 7tl<L~ .ti~ + ~ ,1 ~~ e~ T)L. ~r:. ~ ~ ~D7~~Z~ ~ J. 3htJ f ~7J7d7 ~ , ~/~ ~ -t1f;1 ;P4- ~ ~ A ~ ~-.. e;/ ~ d 3~o I ..~ ... .... ...,..,p.Q - - ~~, Gl ~ 71#4~~ 911-f"fR --7 j?o I Agenda Item No.3 - Page 5 ^ .^---"'-"'~-~.., ^^---~~"'_..^ ...,"--~---".... Page 1 of 1 Amy Shelley From: docwh [docwh@comcast.net] Sent: Wednesday, July 06,200511 :16 AM To: Amy Shelley Subject: Public Hearing,7/11/05, case Z-05-020 Amy Shelley- Per our discussion, I am John McDaniel's next door neighbor. He has discussed the design and location of the proposed carport with me and I have no objection to it. I Would attend the hearing, but I have another meeting I really need to attend. Ira Whittenberg 3607 Cliffwood Drive, Colleyville TX 76034 6 July 2005 7/612005 Information and Drawings from Applicant June 15, 2005 Ctt;)' ofCoUeyviUe Reqaat for Variauce Carport Construction for 36<)9 Cliffwooo Dr. consider three variances for con$truction of my carport I ^ The oorthof the carport isapproxim.ately 1 foot fromth.e property line. Reason: IS evidenced bytheattacbedplot plan, I desire ..to cover an existing concrete pad tImt is l[oot fronl the p~y line.'I'hispdexi~ when my family moved to tbis house 14 ynn 110, h(y neighbor on thiI $ide of my lot hu given me an etrtluu~ititic .approvat is appro>:.imateiy578sfwith atength of 34 feet. . Reuon: as evidenced by the attacbed plot pl.an, this is the size ofthe existing conm<<e pad. This size and length aUo\vsme to completely utilize the existing pad, t'fotect 2 C~ and tbe carport will be S feet trom the back oflhe property line in ~'ccordancc with regulatioM. Supportingpost.s are .approximat.ely 8" diameter sleel (encaed in n>ugb. cedar). Reason:. s~ structumlly sound and proportional to th~ Sl1"e of the carport, ,."in be 6pO.8 iIXluding postsmthe middle of the longer I_gth. mther titan Quly 4 posts 11 tbe comers, Rough cedar will mlCue tbesteel posts and corresponds \\'ith the bou.se, Th~constmction.tnaterila is rough cedar ",rith a higb grade & definition eompO:sitionroof, I've reviewed the carport plan v.rithmy neighbors: Dorotby Ratcliff 3611 Cliffi.vood Emma \Vhittenberg 3601 Cliffwood Jolm Bolte 3612 San Bar They m.e (t, positive endorsement including I signed ropy oftbc pbm,. contact me j r have any questions. & McDaniel Clift\voOO Dr C oUe)'ViUc. TX 817-485-8544 Agenda Item No.3 - Page 6 H{f 321' '10 QUAIL RUN z.t\ ~ ........, ~ :t5 f;: ,.. lX f~ C , , \0 wt""'>< r.::; <::t' E->r , U; l'tJW l'l': t" Aft'_.lU.., M(. a:. ~, Ck .- ... fdv ~ ,0 <<;' t-<..:; ~1lJ b~ m~ ;::;0 <.4:> ......E >-! ... o lO ~c ':W' ~ ~c ~ " '^ v~ ;-'" i1 -~ f-.Q;$ 0,. (, o. eLl FFWOOD DRIV ,U,P ~, ~ ~--~.". 2s .! '" ~ -0 ~~o ;z;o 00..J :f'~~~ ~ Q ~ OlZ'...l 1,""4 ... I( ~ ~ ::~ x' <: tr ,.. ;.. ' ;t I,! ~: ., ; r:. .,J '''t'<- . C 22. '> ONE .S'fQ,RY BRIa l'flS CLJ:Yl'''WOOiJ f)lUVE N F4 "IT' .... ~ t.ll < fa' tr <: -~ 'l/' N 11] Site of Carport 5 l'ILIL1' ~~~",,_,I' 6 . i. V't'11.}T'i HU' \ fl'"-.. Agenda Item No.3 - Page 7 . .,.~---~~,-~_...," - '"-'-"'~"',~^,"'-" i J'l"j V~ ~.... 02 w~ tl:) Ji) (l; x ~" !:~ o o :t "'m8 Al""L... ~ .,M ,<~< ~ '-....-: v ffl ~.;,"" .~ j(- ~ :,:J -t,~>> \.~ '" J: )c. "" "{ ....,.. "t Agenda Item No.3 - Page 8 PR()?EfU'Y UU( ~OJGH n)R t-~r ~ r~ ~, I l-PRCPtRTY li'lJ'!Ltl4}~t;. N{)'f rOlZ:<a:m $' rk~ BACK (OCJf, Of Pf(~R'l'Y UUE'-if-- 5'-fUNt: U' '14t t' coocm;l'E Agenda Item No.3 - Page 9 Kitching, Steven P Etux Angela 3600 Cliffwood Drive Colleyville, TX 76034 Ratcliff, William Nelson 3611 Cliffwood Drive Colleyville, TX 76034 Johnson, Nancy Louise 3601 Cliffwood Drive Colleyville, TX 76034 Bedford, Patricia 3600 San Bar Ln. Colleyville, TX 76034 Schmulen, James Aaron III Etux 3616 San Bar Ln. Colleyville, TX 76034 Blankenship, Warren E 3616 Cliffwood Drive Colleyville, TX 76034 Clark, Carl D Etux Maxine J 3604 Cliffwood Drive Colleyville, TX 76034 List of Property Owners Notified Lake, Jonson T 3701 Cliffwood Drive Colleyville, TX 76034 Shook, Alvin L & Ruth 3615 Cliffwood Drive Colleyville, TX 76034 Mc, Daniel, John D Etux Leah C 3609 Cliffwood Drive Colleyville, TX 76034 Whittenberg, Ira 0 Jr Etux Emm 3607 Cliffwood Drive Colleyville, TX 76034 Ledgerwood, Dennis Jr Etux Connie 3511 Cliffwood Drive Colleyville, TX 76034 Kirkpatrick, Sean M Etux Lisa 3512 San Bar Ln. Colleyville, TX 76034 Reynolds, Madalyn 4604 dalrock Drive Piano, TX 75024 Bolte, John E Etux Catherine 3612 San Bar Ln. Colleyville, TX 76034 Dion, John D Etux Carrie 3700 San Bar Ln. Colleyville, TX 76034 Williams, Phillip Etux Martha 3612 Cliffwood Drive Colleyville, TX 76034 Moraine, Rolland J 3700 Cliffwood Drive Colleyville, TX 76034 Callahan, Paul D 3608 Cliffwood Drive Colleyville, TX 76034 Agenda Item No.3 - Page 10 ORDINANCE 0-05-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 6, BLOCK 1, WOODBRIAR ESTATES WEST ADDITION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by John McDaniel on June 17,2005, under Case No. Z-05-020; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville; 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 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. 2. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 6, Block 1, Woodbriar Estates West Addition, (3609 Cliffwood Drive), by authorizing a Special Use Permit for a Carport, as shown on the Elevation Plan (Exhibit "B") and the Site Plan (Exhibit "C". Sec. 1. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this Ordinance 0-05-xxxx Page 2 of 2 Sec. 6. ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT except as amended by this ordinance, the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Sec. 4. Sec. 5. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT 8 - ELEVATION PLAN PR~ .LJtE ~G Nor TO txcu.o &' fROM SACK Eoct OF PROPt.Rn PLAN VlE:Yl Qf CARPORl lit" ROUGH (lYP FOR CQN~lt PAt) 14'-6" 1: ------t ~. w <( it ~ 'iP~ ~<( ~,~ L8r w .... *""wfi ......'....m.. .": ~e" 8 ~ l'1 ..... EXHIBIT C - SITE PLAN Site of Carport rm-f i I ll! ~ is .$ PLANNING & ZONING COMMISSION AGENDA BRIEFING TexaS Meeting Date: July 11, 2005 I Prepared by: I Chris Fuller Development Coordinator Subject: Z-05-021 - Zoning change from AG to R20 on .815 acres, located at 2212 Glade Road STAFF REVIEW COMMENTS Mike Albert has submitted a request to change the zoning of O.815-acres, located at 2212 Glade Road, from AG Agricultural to R20 Single Family Residential. The applicant is seeking a zoning change in order to develop the property as a single family residence. There is an existing house on the property, however the applicant intends to construct a new single family residence. The property is located on the north side of Glade Road, south of Green Hill Lane. The applicant proposes to rezone the property in order to construct a single family home. The property is not currently platted. In order to subdivide the property, approval of a subdivision plat will be required at a later date, upon approval of the rezoning request. The R20 zoning district requires a minimum lot area of 20,000 square feet. The property exceeds 20,000 square feet and meets the minimum requirements of the R20 zoning district. The developer has submitted a zoning exhibit illustrating the area to be rezoned. The proposed lot, as shown on the zoning exhibit, appears to meet the R20 zoning requirements. The surrounding properties are primarily single family residential in nature. Properties to the north, south and east are zoned R20, and are currently used for single family residences. Property to the west is zoned AG, and consists of a single family residence. 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 objectives relative to this zoning change request: · Maintain the current level of housing quality and density · 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 · Encourage large single lot development on major thoroughfares as "estate" properties 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 R20 zoning district is 2.1 dwelling units per acre. The applicant's proposed density is in compliance with the Master Plan. Lot Sizes & Widths. The R20 standards allow for a minimum lot size of 20,000 square feet. The applicant proposes to create a single family lot that adheres to the lot area required by the R20 zoning district. 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 0.815-acre parcel is valued at $76,200. The estimated City property tax revenue for the undeveloped property is approximately $264 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: July 11, 2005 City Council: August 2 and August 16, 2005 Agenda Item No.4 - Page 2 RECOMMENDATION Staff recommends approval of the rezoning request. ATTACHMENTS · Zoning and Location Map · Zoning Exhibit from Applicant · List of Property Owners Notified · Draft ordinance Agenda Item No.4 - Page 3 Zoning and Location Map u NORTH Agenda Item No.4 - Page 4 Zoning Exhibit from Applicant LOT 7 ~.,,-..... LOT 3 CIIII." -..... 12.' lllUotW:lt .. ~ awr. eM. A ~..... ~ Ill. r_. ........ - - - - - .riio; J~ Pi"'t2- 3 R .163 . S 41' . ~ O.lI' = t~~t~5::f~' PAn t4.-:t'l'~""';l H'.~' ::~';~.4ii' r ---\ 1~ AI ~ ESNf. 1- <No " ~ J2Im -,~- ~ BERES ( - f'(WrnQN OF. ~ l'flOI'ml'l' ) 0€ll(:IlI8W III \101. 118.0 PC. ~lll1J OJtT;c'T. OJ!l15 ACN:S ... ;1 "'I ~f1 _.. , . mIT. t9ml I 4'1 .;.;, K LOT 1 08, A - 32M CELESTINOS to:soJ I ..., N "t ~ "1 / 8 Cl 250 va w a;;z ~..., . ., " , .....~. ,...1 , ~ '.. '" .~. <I; ~ ~ s. ~. :l .,.-' . ,,~~\'. COTRA\l,;{: SUR A.. - :".: 328 - ..:~" , ' .'~: :..-- ....... P.o.e. ( eotm!Ql. ) SET CN'P(l) $/11. w.RI<l!lli 5 \22 2212 GlADE ROAD t.fE'AS. OUE WEST RECORD DIllECllOIIAL Cl:llITIKll SCAt,!:: ," .. 40' - Agenda Item No.4 - Page 5 Reck, Raymond J Jr 2200 Glade Road Colleyville, TX 76034 Bennett, George Etux Melinda 5008 Green Hill Lane Colleyville, TX 76034 Emmet, Thomas R Etux Melanie 5005 Green Hill Lane Colleyville, TX 76034 Nguyen, H Dinh Etux Ngoc Oahn 2300 Glade Road Colleyville, TX 76034 Hodges, Marilyn James & Marilyn Hodges Family Trust 2301 Glade Road Colleyville, TX 76034 List of Property Owners Notified Peel, Marie A 2308 Glade Rd. Colleyville, TX 76034 Huff, David A Etux Pauline L 5006 Green Hill Lane Colleyville, TX 76034 Lohse, mark E Etux Jeannie A 4900 Patterson Lane Colleyville, TX 76034 Vincent, Janie K PO Box 451 Colleyville, TX 76034 Velasquez, Melanie Etvir Andrew 2305 Glade Road Colleyville, TX 76034 Embry, Mark S Etux Marian 5100 Green Hill Lane Colleyville, TX 76034 Riddle, John R Etux Leslie G 5007 Green Hill Lane Colleyville, TX 76034 Barr, Alvin F Etux Evelyn F 4801 Patterson Lane Colleyville, TX 76034 Frasier, Dan R 2313 Glade Road Colleyville, TX 76034 Patterson, Michael E Etux Marilyn ME & Marilyn F Patterson Trust 2205 Glade Road Colleyville, TX 76034 Agenda Item No.4 - Page 6 ORDINANCE 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 0.815 ACRES LOCATED AT 2212 GLADE ROAD, FROM THE AG-AGRICUL TURAL DISTRICT TO THE R20 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 Mike Albert on June 3, 2005, under Case No. Z-05-021; 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 R20 Single Family Residential district, as depicted in the attached Exhibit "A" and as described 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 David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP AG R-20 EXHISIT S - METES AND SOUNDS D~ r;;:;SCRIPTION .ff Ii iJ ~ ji I~ll f II' .... 1'.1:1 ;." f l 1,1 II ~lJJ i} III I , 111 18 Il:!1 Jg I" 1s , .... ":. ": Jt.' ..,:1 .., 1.1 f I. .'1 8 1111 X I~, I 11 Is -< 1. ! J I" I 1111. I ill' I l $.....'.. .'..ill.i~. j'f~ I I' 8,:~ 1s~ 1s1s', 15' .8_ ~ ;~ 6~ 11'1 61 611 t iI' }I Ii/Ill/ Ilf! ! J.! '/~ 1/~lf II, 1,/.. 1 ~ ill 111,1, I'" "., I II ~111 III ::/1,,- .iJ /!. I il "Iii 'II III! II! !I! I Ie 'Ii !Il J~JiI I,l Il, i " 11;1 -I! ill1 IIi ill '11g "ll/Ii liil IiI iill! ,I Cllyor CCe~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: July 11, 2005 I Prepared by: I Chris Fuller Development Coordinator Z-05-022 - PUBLIC HEARING - Request for a Special Use Permit for a Subject: covered carport on Lot 3, Block 1, Woodbriar Estates West Addition, located at 3701 Cliffwood Drive Staff Review Comments Request. Special Use Permit (SUP) for a carport Proposed Use. The applicant has submitted a request to permit an existing, unfinished attached carport on the property. The applicant has constructed the framework for the carport, however city staff instructed the applicant to cease construction and seek approval of the SUP to allow an attached carport. The applicant constructed the frame for the carport without a permit and is requesting approval of the SUP to allow the carport to remain in place. However, the carport deviates from several development regulations stated within the Land Development Code, as discussed in the Development Analysis portion of this agenda briefing. Existing Conditions. The property is currently used for single family residential purposes. The property contains an existing house and the carport. The property is located within a R15 single-family residential zoning district. Location. This is a 0.34-acre parcel of property located at 3701 Cliffwood Drive. Platting. The property is platted. Adjacent Zoning and Development. The surrounding properties consist of single family residential zoning designations. The properties on all sides are zoned R-15 and are developed as single family residences. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a SUP. A comparison of the regulations and the proposed carport is shown on the following page. The items indicated with bold, italicized characters do not conform with the carport regulations. CARPORT ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1, Maximum Size 480 square feet 643 square feet 2, Longest Dimension Allowed 24 feet 41 feet 3. Maximum Heiqht 15 ft. to hiqhest point of roof 12 feet 9 inches 4, Side Setback 1 0 feet 1 foot 5, Rear Setback 25 feet 6 feet 6, Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete, asphalt or pavestone Unknown 8, Roof Pitch 2:12 minimum Does not comply 9, Construction of Posts brick, stone or decorative metal 3 inch 12 between 12" and 48" in width Gauge Square Tubina The size of the carport exceeds the maximum size regulations. The Land Development Code permits carports up to 480 square feet. The existing carport is approximately 643 square feet, which exceeds the maximum size requirement by 163 square feet. Similarly, the Land Development Code regulates the length of carport material dimensions. The longest dimension allowed for a carport is 24 feet. The longest dimension of the existing carport is 41 feet, exceeding the regulation by eleven (11) feet. The existing carport encroaches upon the side and rear yard setbacks that are required by the zoning district. The Land Development Code states that carports located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The R 15 zoning district requires a 10 foot side yard and 25 foot rear yard setback. The existing carport encroaches approximately nine (9) feet into the 10 foot side yard setback and approximately 19 feet into the rear yard setback. The post supports do not meet the minimum size standards required by the regulations. The Land Development Code states the dimension of each post as viewed from each primary elevation shall not be less than twelve (12) inches. The posts of the existing carport are three (3) inches. The Land Development Code requires a pitched roof of at least 2:12. The existing carport does not meet this requirement The applicant did not provide information regarding the paved parking surface, Public Notification. Staff mailed notices to 19 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has received one letter in opposition to this request from property owners within 200 feet of the subject property. Public Hearing Schedule. Planning & Zoning Commission: July 11, 2005 City Council: August 2 and August 16, 2005 Agenda Item No. 5- Page 2 Summary Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in the decision to grant the SUP or not. Staff has received one letter in opposition to this request from property owners within 200 feet of the subject property. Since the request is a SUP, the Commission may establish conditions different than, or in addition to, the normal requirements of the Land Development Code. Recommendation Denial due to technical non-compliance with the Land Development Code. Attachments · Location Map . Photos of Framework for Attached Carport . · Letter in Opposition . Development Review Committee Memo · Applicant's Response . Information and Drawings from Applicant · List of Property Owners Notified · Draft Ordinance Agenda Item No. 5- Page 3 Location Map Agenda Item No. 5- Page 4 Photos of Framework for Attached Carport Agenda Item No. 5- Page 5 Letter in Opposition June 23, 2005 To the PLANNING AND ZONING COMMISSION CITY OF COLLEYVILLE CASE NUMBER Z-05-022 I am writing in response to the Notice of Public Hearing on the request for a covered carport on Lot 3, Block 1 , Wood briar Estates West Addition, located at 3701 Cliffwood Drive. I live directly across the street from this address, at 3700 Cliffwood Drive and have owned this property for the past 22 years. I object to the approval for the Special Use Permit for the following reasons. 1> The covered carport has ALREADY been built and is in use today, apparently without prior permit or approval. 2. As I look out my front window today, the resident at 3701 Cliffwood Drive has a car, a pickup truck. a boat, a tractor..trailer rig. and a motor home parked in his driveway and in the new carport. and the resident is not even home. There are frequentJy up to 12 motorcycles also parked in his driveway. The property looks like a Haltom City Used Car Lot. 4. He frequently parks a huge tractor-trailer rig (Vehicle Transporter) in front of his house, effectively blocking half of the street, and it Is left there. undrivenand unmoved, for weeks at a time. 5, I feet that approval for the carport wUl Just encourage him to parkroore vehicles in his driveway which will decrease property values in the neighborhood and turn his property into a huge parking lot. 6. It Is a huge eyesore for a residential neighborhood. 7, I feel he would be better served if he would park his vehicles in a Public Storage Facility of some kind in order to preserve the residential atmosphere of the neighborhood> Thank you for your consideration, Rolland Moraine 3700 Cliffwood Dr. ColJeyville, TX 76034 817.281-1128 Agenda Item No. 5- Page 6 Development Review Committee Memo DATE FAX TO FAX NO FROM June 27, 2005 Jonson Lake 972.497.9720 Chris Fuller, Development Coordinator SUBJECT Z-05-022 Special Use Permit for Carport - 3701 Cliffwood Drive The Colleyville Development Review Committee (ORe) has reviewed your special use permit request submitted to this office, The following comments are for your consideration. ZONING EXHIBIT DRAWING The Following Comments Require a Response from the Applicant: 1. Provide a site plan that indicates the proposed location of the carport. The submitted site plan does not show a location for the carport. Contact Eddie Edwards, Building Inspection Supervisor, 817.503.1034, or Chris Fuller, Development Coordinator, 817.503.1054, for more information. 2. This structure will need to be located outside of the existing drainage/utility easement. Contact Robert Woods, Development Review Engineer, 817.503.1094, for more information. 3. Provide responses to the following areas where the proposed carport does not comply with the Residential Carport Regulations, as determined by Section 3.27.C of the Land Development Code: A. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12') or more than forty-eight inches (48'). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. Contact Eddie Edwards, Building Inspection Supervisor, 817.503.1034, for more information. B. Si ze: A carport shall not exceed 480 square feet in area. C. Size: The longest dimension on a carport shall not exceed 24 feet. O. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. 4. Indicate the type of paved surface to be constructed. The Land Development Code requires all paved surfaces shall be either concrete, asphalt or pave-stone. Agenda Item No. 5- Page 7 5. The structure should be designed by an engineer or the applicant should purchase a kit or package from a manufacturer. As shown, the carport does not meet the Residential Carport Regulations of the Land Development Code. Contact Eddie Edwards, Building Inspection Supervisor, 817.503.1034, for more information. GENERAL ZONING/SUBDIVISION INFORMATION In The Response Letter, Acknowledge the Following Information: 6. 3.27.C Residential Carport Regulations Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9') by eighteen feet (18') and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9') in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. Agenda Item No. 5- Page 8 ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12") or more than forty-eight inches (48"). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: 1. The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant's request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 11,2005, 7:00 p.m. Tuesday, August 2 and August 16, 2005, 7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. · 12 copies of the site plan indicating the proposed location of the carport. The above requested items must be submitted no later than noon on Tuesday, July 5, 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. 5- Page 9 Applicant's Response Iou. Ty..- Lake 3101 aiinvood Dr. Colleyville,1X. 16034 81 '--I4J-8N4"~ 811..311..'011 ceU !l72491-'110 f. ()5 JlIly 100.5 BE; lapaue to .....mhmitted ..,....1..... ..eview t>>m.ilt. _ ~cialllse permit .,IiClti. at 8t'V'8-met1ti.ed aar.... Altn: Chris Fut., De",lopaeotCaordirud:. 1Jl resp_setocp_ioa($) bel".. wilblA.: (A) The posts ..describtd..., i' ....iftedwilh.tke loa. (8) Size: I tal WlDtiaJ to laft cov.. f.. recrt.i 'elUde (llV). Bot a tewport.' The 1easth" ordle Itmdure i. schlO diet. IlV .caa park there without kavaS to let "__.' (_.,.sia) . .... aottotoDCh the air eoaditioaers 1.oeated cmtop Ddto te. tIlel.V 'protected... fuelem..s ,.mo()t is. 11.e. (C) The rootilpitched 6redI,fowardl tbe hack of the pR9erlJ tothedreiai1se area. ~y tram aD} Deiglthon' property~ Agenda Item No. 5- Page 10 'nformation and Drawings from Applicant ,. 7I,~ \\.J _' .rr. .. (,,If;;. J~ \'''' .. " .. o " o It) ~ OHa'TORV -tel( A""'''AMt .... .., ",". '" .. hI /~;:. "" ~ " - .. ~-~ ~ ~ Agenda Item No. 5- Page 11 -~~---~_..- if fJ J t~ ;~t! ~- .'. I.", .,. '~ . J (~ !L.4"l.J.....,J..",,,,. . o -.t ~ f~'''-- '''0') o- F i J~t ~~}J . it II I' ., . ~ ; 1:- , -''j. : 1t f( .l ~.t ~~ .:.{ 'I: fi I.! "irp. . . t iI .~ '.I'::" ~. ?I~ . 1 l.....} .'~ ..'....... .:--1...... ........ . .t:. t II 4!. - *' ~ j..-:! t1 li4A I j .... , .- !<:a.. t ; ~- ,., \, .""" ~ t.- ."" ~ .or ,~ , L... 1<;' , " ."....9. ..-t. ii .. 1 I C": . i . . _YL. , ~ +-i ~ ---i. 4'h ~ ~ i ! /" ! II i .~ f 'I Ii r lit fJ\ ~ , t I IV I *' 1; ...... .. . l , ~ I ffi j:.& .. ~ " . ~ ~ t -I II . 'Q!. t ~ I I iicF I I.... ~:.....I i;' f fit \. ; ~ . j i ! t il.... 1. t... I f i\ '. ~ J' .~-t2f) "*'- ~, ..... Agenda Item No. 5- Page 12 Walsh, Gregory C 3617 San Bar Lane Colleyville, TX 76034 Ratcliff, William Nelson 3611 Cliffwood Drive Colleyville, TX 76034 Wasson, Ronald L & Elizabeth 3709 Cliffwood Drive Colleyville, TX 76034 Schwartz, Nancy A 3708 San Bar Lane Colleyville, TX 76034 Schmulen, James Aaron III Etux 3616 San Bar Ln. Colleyville, TX 76034 Blankenship, Warren E 3616 Cliffwood Drive Colleyville, TX 76034 List of Property Owners Notified Ellis, Terry R & Maurita J 3613 San Bar Lane Colleyville, TX 76034 Shook, Alvin L & Ruth 3615 Cliffwood Drive Colleyville, TX 76034 Alexander, Nathan B 3708 Cliffwood Drive Colleyville, TX 76034 Radtke, Richard J & Jana G 105 S Bradford Avenue Tampa, FL 33609 Jones, Norman Etux Toylaan A 3705 Cliffwood Drive Colleyville, TX 76034 Thoennes, Norman E 3704 San Bar Lane Colleyville, TX 76034 Neely, Jay R Etux Merry L 3705 San Bar Lane Colleyville, TX 76034 Bolte, John E Etux Catherine 3612 San Bar Ln. Colleyville, TX 76034 Dion, John D Etux Carrie 3700 San Bar Ln. Colleyville, TX 76034 Williams, Phillip Etux Martha 3612 Cliffwood Drive Colleyville, TX 76034 Moraine, Rolland J 3700 Cliffwood Drive Colleyville, TX 76034 Goodell, William J 3701 San Bar Lane Colleyville, TX 76034 Agenda Item No. 5- Page 13 ORDINANCE 0-05-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 3, BLOCK 1, WOODBRIAR ESTATES WEST ADDITION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Jonson Lake on June 17, 2005, under Case No. Z-05-022; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville; 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 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. 2. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 3, Block 1, Woodbriar Estates West Addition, (3701 Cliffwood Drive), by authorizing a Special Use Permit for a Carport, as shown on the Elevation Plan (Exhibit "B") and the Site Plan (Exhibit "C". Sec. 1. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this Ordinance 0-05-xxxx Page 2 of 2 Sec. 6. ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT except as amended by this ordinance, the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Sec. 4. Sec. 5. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney ,...._'"..""'__.__^_~.~__e..~."_"""~_"'___~~" EXHIBIT A - ZONING MAP EXHIBIT B - ELEVATION PLAN . . "- I'". rm ~ '\6) , f'l ~J~ il d~ II I' ..2_ 1$" " " !~.:.<'<:. ;;...:, .. ',' ,1 >"f ;1 :1 ~. . I '8 ~~jltl~~..';",~. -i'j, ft., ~ ;( I.J Ii! fL\:t 19 .tl~ . tl:.-~ ~~ I ~ ~. ,II i~ 1..- I~ 1~: '1 l~ t! ,0. U ~\ :t ..., Ij : ,- I; .:c- t! ! -<< -,,,,,;ii, 'f I' .... it ;.... i. j ," .. ! f ., t'!,\ j *.......~.,~ _.__J- -1-1~ i\ ,. t"- i . . -y,. I ~ ~-{~\ ..-.... . ~ I . f ! ~ I~ · I !: t i 1 ." X :~ '!J1 rs I g... t! I I f"!.~ i; I i ~j! H ... I ',h., i~' . j I j, I I · ti t ~. '. ,iJ. :2J~' ! 6';. .' '~i \ -L: '. . .-.-' .'. ., ."J.. :' , \ ; ',. _/ I t ~ ~ t .... . ,_.._,-..""._...--_,""'~- '0 . EXHIBIT C - SITE PLAN .....'. .. >~~, .r3r3 \j ~i". y~ o '*' o U') - jl" .. <<' BArel( Ras. .. f) t '>"'~ I ',~ Ji." ,. .. ~-~ ~ _..~-.....,,-~,.. .