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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/10/2005 ll@ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, October 10, 2005 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Robert McCormick, David Dudziak, Thomas Bartkowski, Jeff Byerly, Mary Taylor, John Blassingame and Denis Duffy INVOCATION Commissioner Byerly PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES September 26, 2005 ELECTION OF OFFICER Recording Secretary LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-OS-040- Minor plat on .80 acres out of the R.N. McEwing Survey located at 1135 McDonwell School Road PUBLIC HEARING AGENDA ITEMS 2. Case Z-OS-027 - PUBLIC HEARING - Request for a zoning change from R40 Single Family Residential to CC1 Village Retail on Lot 1, Block 3 of the Southgate Addition located at 909 Cheek Sparger Road 3. Case Z-OS-028 - PUBLIC HEARING - Request for a zoning change from R20 Single Family Residential to R40 Single Family Residential on Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court Planning and Zoning Commission Agenda -October 10, 2005 Page 10f2 STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy S /ley, Planning and Zoning Assistant Posted: Thursday, October 6, 2005, 4:30 p.m. Planning and Zoning Commission Agenda -October 10, 2005 Page 2 of 2 .~ TexaS PLANNING AND ZONING COMMISSION MEETING MINUTES - September 26, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Present: Commissioners, Edwards, John Blassinga .. Byerly Absent: Bartkowski Barry LeBaron Woods from Dudziak, Luann en is Duffy and Jeff ROLL CALL ,/ Commis~!& .. Thomas INVOCATION APPROVAL OF MINUTES Commissioner Duffy moved to approve corrected. Commissioner 0 econd meeting minutes as Commis . apprec' with C Commissio Commissione the outgoing members present. He stated always ion to detail. Commissioner Dudziak concurred and stated having enjoyed serving with her. this g oup being the best group yet. She stated to the ood questions. SWEARING IN 0 POINTED MEMBERS Amy Shelley swore in newly appointed members to the commission by having the new members repeat the Oath of Office. The new members include: David Dudziak, Place 5; Mary Taylor, Place 6 and Robert McCormick, Place 7. ELECTION OF OFFICERS Commissioner Byerly moved to have the election of officers and the following were voted: Planning & Zoning Commission Minutes - September 26, 2005 Page 10f9 Chairman - Commissioner Duffy made the motion to nominate Commissioner Jeff Byerly to remain the Chairman of the Commission. Commissioner Blassingame seconded the motion. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy and Byerly Nay: None Vice Chairman - Commissioner Dudziak made the motion to. minate Commissioner Duffy to the Vice Chairman of the Commission. Commissi lassingame seconded the motion. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, a Nay: None LEGAL BRIEFING BY CITY ATTORNEY None very concerned with the erns with a house being . h siding only, no brick. She d having concerns with her neighbors tated she feels that since she lives in an are about it. r plat on .8 acres out of the S. Cotrail Survey located at riefed the Commissioners. Commiss peaking with staff earlier in regards to the easement on the western prolat shows none there. Would staff explain? Barry LeBaron replied code <'< foot utility easement and the easement down the western side of the prop < be the proper location. The developer replied to staff in the Development Revi ,etter about there being tree coverage on the west side, there is already an existing 10 foot utility easement on the adjacent property to the east. The developer questioned if there would be any way they could put a 10 foot easement over there and with the two together, the city would have 20 foot of right of way or easement if ever wanting to expand. Barry LeBaron stated when engineering looked at the plan, they stated this area is already developed and, if for some reason in the future, if they needed an easement for new or changed utilities, the east side would be a proper location. Because there is already a 7 foot easement at the back of the property, the L - shaped utility easement for this property would be adequate and it would not affect any Planning & Zoning Commission Minutes - September 26, 2005 Page 20(9 trees. Commissioner Duffy made motion to approve case P-05-038. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-025 - PUBLIC HEARING - Requ AG to R15 on 0.76 acres out of the Harrell Hug McCain Lane Chris Fuller presented the case and briefed the Barry LeBaron briefed the Commissioner rezone the property. Commissioner Byerly questioned staff in reg PUDR, is there a structure on that erty? Chr residence. Commissioner Byerly . ~ed staff I replied the driveway is on McCain L . Commissioner Byerly questioned sta Chris Fuller replied it as th research to make sur zoning change from located at 1512 , property to the east, in the replied correct a single family e is a driveway? Chris Fuller , f the Monterra addition? time and stated having to Plan states no more than 1.8 units per nits. The 2004 Master Plan states the posed use will enhance or be a better y the Ian? Does the proposed use create a and welfare of the neighborhood? Will it contribute to ell being? He continues, Neighborhood 5 comments, igh od 5, maintain no more than 1.7 units per acre. An 'ch th . roperty is, equals 1.38 units per acre which is the ood comments of the 2004 Master Plan revision, keep the eturn to R20 and above in residential development. wanting these items to be addressed by the applicant y of this area wants the R20 or above zoning. Commissioner Byerl. pened the public hearing at 7:27 pm. Carolyn Apodaca, the applicant at 303 Morningstar Court in Colleyville, presented the request and briefed the Commissioners. Commissioner Duffy stated admiring the survey Mrs. Apodaca has submitted, bypassing the intent of the ordinance, very creative way to show the frontage needed. Commissioner Duffy questioned Mrs. Apodaca if there would be one driveway for both lots? Mrs. Apodaca replied there would be two separate driveways. The lot on the left would have the driveway in the easement and the lot on the right would have the Planning & Zoning Commission Minutes - September 26, 2005 Page 30(9 driveway on the far east boundary giving it a secluded private approach. Commissioner Duffy questioned staff in regards to being able to have a driveway in the easement? Barry LeBaron stated it being ok. Commissioner Duffy questioned if something were to happen to that easement, and the city comes in and tears up the driveway, would it be their responsibility to put it back? Barry LeBaron replied the easements are put back the way the city found them. Robert Woods, City Engineer stated that is policy. Commissioner Duffy questioned staff w t is the purpose of an easement if it is concreted? Barry LeBaron replied the eas . allows the utilities to be constructed and maintained. Commissioner Duffy st nderstanding replacing the easements if they are grass, however, to replace COft:' uld become expensive. Barry LeBaron stated this easement would be look~~ eparate document; it could be that it could not be concreted over and t ,'pplicant have to move the driveway to the other side of the property. Mrs. .~ca stated it t matter to them where the driveway was placed, they could m if they needed to James Gordon, 6513 Ponderosa Lane, spd ppositi 0 the rezonl~(@quest and stated having issues with changing the Maste n nage. ,~/ Kathy Hadley, 204 Timberline Driv orth, spok osition to the rezoning request and stated having issues with sm . She als stioned what would happen to the trees on the lot? She stated bei ud of C Hie. Terry McCain, 1500 McCain Lane, sp : g request. He stated he sold the lot to Mrs. Apo lie also age on both sides of her lot and he is not oppos g of t ed the Commissioners as to where the utilities There being no 0" Commissioner Dudzl replied 2 Com staff in regards to the minimum lot width in R15? Ch ee . mmissioner Byerly questioned staff if the applicant woul ' aive., r the lot width? Chris Fuller replied that would be discuss ing. Commissio R15 zoning is not consistent with the character of this neighborhood:' . y is not on a major collector street and is not in one of the large open areas i1le. It seems the neighborhood does not seem to care by the evidence that none.7 em are here. He stated if neighbors do not care and it does not affect the open areas, then why should the Commissioners care about the open feel, if the neighbors do not want it. Commissioner Dudziak stated being more comfortable with keeping R20 or better zoning for this area. He stated during the time of completing the Master Plan, the Commission wanted to make sure to keep the open rural feel for Colleyville. He stated having issues with possibly later down the road, there could be a row of R15 zoning, if the properties around the Apodaca's property were to divide. He stated if the Commissioners are going to give guidance, he is not in favor of approving the R15 hearing was closed at 7:45 p.m. rds to the rear set back? Chris Fuller Planning & Zoning Commission Minutes - September 26, 2005 Page 4 0'9 zoning. Commissioner Byerly stated the Commission would not be setting a precedent; every piece of land is unique. He stated there being R20 zoning in the area and by approving the R15 zoning would not be that much of a difference. Commissioner Duffy stated the Master Plan for Neighborhood #5 is in place and the Commissioners should stick to the Master Plan. The City Council would have the right to grant what they deem the constituents want. He stated th ommissioners need to stick to the Master Plan that was approved by council. H d this property is in a neighborhood that is in compliance with the Master Plan. ted the Commissioners should be honest with them and with the Master Plan ~ .' is rezoning request. Commissioner Byerly stated that when 1.3 units pe ' in the Master Plan, that is an average coverage for an area, not eac Commissioner Duffy stated the average for therefore 2 homes exceeds the 1.38 avera Commissioner Taylor stated the value of the. built on the lots. Commissioner Blassingame questl if the Commission denies the case. \ zoning. Commissioner Duffy seconded. nt could still go to City Council . city council can change the ~. . Commissioner McCormick . Lie HEARING - Amend the PUDC zoning on 1.9 est corner of Colleyville Boulevard and Church Street ., ad . al land uses and to allow a special use permit for everages for off-premise consumption Barry LeBa case and briefed the Commissioners. Commissioner ioned staff if the developer wants to do three commercial buildings? Barry replied correct, possibly two restaurants and one bank. Commissioner Duffy tated there being several banks in the area which do not bring tax revenue. Commissioner Duffy questioned staff what would happen if the bank were to go in but the retail does not? Barry LeBaron replied this being like other land purchases; the purchase of the land is contingent upon the re-zoning request. Commissioner Byerly questioned staff if three buildings would fit on this property and have room for the required parking spaces? Commissioner Byerly questioned staff if any details have been provided to know the size of the buildings? Barry LeBaron replied not having any details at this time. Planning & Zoning Commission Minutes - September 26, 2005 Page 50'9 Commissioner Duffy questioned staff about the confidence level, if the bank is built, the restaurants would be built as well? Barry LeBaron stated zoning does not guarantee anything other than what the zoning for the property allows. Staff wanted to encourage retail uses for this lot, but sometimes to get the commercial and retail, there is a balance needed, therefore, from what staff can see this development would be balanced. Commissioner Byerly questioned staff in regards to if the PUDC zoning can restrict the amount of area the bank could take and still leave enough sp ce for two restaurants. Barry LeBaron replied the ordinance states limiting this pr to one bank not to exceed 4,000 square feet. Commissioner Duffy questioned staff in regards to ho the S-curve would go in for the Church Street re-a i balance of 1.4 acres. Commissioner Duffy stated 3.45 of the code Barry LeBaron replied leaving about 6 questioned staff if those numbers would inc building. Commissioner Duffy questioned sta for two restaurants, one bank and t required pa' Commissioner Duffy questioned sards to i PUDC zoning to allow for a bank rry L landscape screening. Commissioner la big issue to amend, ho to allo increase tax revenue wise t Commissioner By" Mike Tussey, N3 Commissioners. He project w' d d Com Mr. Tussey in regards to the bank having knowledge of the Tussey replied yes. Commissioner Duffy questioned Mr. ants . uld be revenue generating entities? Mr. Tussey replied k shop or coffee shop and the other is not leased at this time. Co uestioned staff if the Economic Development Department has research ' ps versus banks versus something else in the area? Barry LeBaron stated a good use for a balanced project. He stated there are some opportunities for pi up additional land. Commissioner Duffy stated the original application made mention of off-site alcohol consumption. Mr. Tussey stated the intent is a wine shop. Mr. Tussey stated the bank for this project would be 4,000 square feet and the other buildings would be larger. Attorney Boyle questioned Mr. Tussey if this project is in reference to Chapter 3 Economic Development Agreement? Mr. Tussey replied not knowing the details of the agreement, he stated being on the development side. Attorney Boyle stated to the Commissioners that this sale and corresponding acquisition . ace would be left after LeBaron replied a Commission is amending the n replied correct and the pe screening not being a .in this area which does not d. at 8:16 pm. , presented the request and briefed the make the project work. He stated this Planning & Zoning Commission Minutes - September 26, 2005 Page? of9 is the subject of an Economic Development agreement that has previously been approved by City Council and as part of the agreement it is mandated, in the condition of the sale, that there be retail development as part of this project. Commissioner Duffy questioned Attorney Boyle if that mandate stipulates prior to occupancy permit of the bank? Attorney Boyle replied the terms of that agreement speak more globally. Commissioner Duffy questioned Attorney Boyle in regards to' ,ere is an agreement, then the Commission is to make sure it will adhere to the c Attorney Boyle replied the Commission is here to consider a zoning case thaending before you. The agreement has certain opt out provisions on behalf 0 aser as to whether or not they would want to consummate the transaction. '. Commissioner Duffy questioned Attorney Boy' regards to portion of this property would be used for the re-alignment 0 ch Street and wh ,rtion would be for the retail use? Attorney Boyle used t.' ings pmyided by st . explain the portions. Commissioner Duffy questioned A y Boyl . egards to if t greement goes through, will the Church Street re-align '. ce? Attorney Boyle replied there is a commitment by the pro ed purchas th dedicating for the roadway and committing some amount of f the roadw Kathy Hadley, 204 Timberline Drive Michael Hershman, Presi ent of Ea Colleyville Town Squ 5604 time he has heard reeme Duffy's concerns.., ving h affect their busine James Gordon, 651 opposition to the rezoning request. There b peak, the p lie hearing was closed at 8:30 p.m. Co '. staff in regards to the access issues for Church Street and' Attorney Boyle reassured the Commission access to tho. main public right of way. Barry LeBaron replied a drive through 8 ed. Commissioner Byerly questioned staff if another drive through facl . bank would be allowed in the PUDC? Barry LeBaron replied withou' PUDC ordinance to look at, he could not respond to the question. He sta ing it would allow restaurants. Commissioner Dudzl k questioned the chair in regards to having a preliminary plat in the past for situations like this so that the Commissioners would have more information to make better decisions? Commissioner Byerly stated in the past we have received preliminary plats for situations like this. However, he stated being satisfied with the right of way and Church Street issues. Commissioner Dudziak questioned staff in regards to why not see a preliminary plat? Barry LeBaron replied the original ordinance that was approved on March 2, 2004 stated the developer would have to come before with a plat, so that the prospective n to the rezoning request. 2- e .~:. partner of the owner of o , stated this being the first e stated concurring with Commissioner anything from the city as to how this will Planning & Zoning Commission Minutes - September 26, 2005 Page 70f9 buyer would know about the church street realignment before developing the property. Commissioner Byerly stated not wanting the prospective purchaser or developer to have to undergo the expense of doing a preliminary plat if the rezoning was not going to take place. That is why the Commission sees zoning and platting items separately. Barry LeBaron concurred with Commissioner Byerly and also stated most times when a developer comes forward with a PUD, they will often times submit a preliminary plat at the same time because it will save them time. Commissioner Dudziak questioned staff in regards to is allo considered platting? Barry LeBaron stated platting esta the drawings provided those boundaries are outlined. potential property owners will want to see a layout Attorney Boyle responded this will allow only a b not a subdivision. , bank on this property the boundaries and on es the developers and . r financial purposes. 4,000 square feet, . ically not to ore he stat . not being stated wanting to know what ing to be used for a bank. able to ask for a site plan or . oes not require a site plan . use and this ordinance Commissio attached and' the city council in place. Commissioner Dudziak stated he would have liked to have had more information about this project before it came to Planning and Zoning. He stated being pro development but when all the information is not provided, it is hard to make the proper decision. Commissioner Byerly re-opened the public hearing at 8:45 p.m. Council member Tom Hart, 1717 Avondale, stated understanding the frustration of the Commission. However, the city is not at liberty to release the information per the developer. The anchor property will be a good project for the city of Colleyville. City . mission is suppose to approve this dy ente to an agreement with the applicant. ardless, of who the applicant is, whether it is the city or r approving a rezoning or amending a zoning use, are . ed t mmission is to make a recommendation in regards with a existing PUD. , according to the agreement, a retail component is is not stated in this ordinance, it is in a separate agreement ed. He stated being satisfied with the checks and balances Planning & Zoning Commission Minutes - September 26, 2005 Page 80(9 Council has reviewed the project and it will be good. Kathy Hadley, 204 Timberline Drive North, stated having issues with agreements being done under the table without the taxpayers being aware. Michael Hershman, President of Eagle Equity Inc., stated still having issues with wanting to know how the access to the property to the north is going to be preserved. He questioned why it being an issue for the developer not submitting a site plan? r, There being no one wishing to speak, the public hearing was ' d at 8:50 p.m. Attorney Boyle stated to the Commissioners the Resolu . horizing the Economic Development Agreement the City Council approved w an open meeting and was held in accordance with Charter requirements f Colleyville and the Texas Open Meetings Act., "', Commissioner Byerly made motion to approv ' e Z-05-026 add institution to the list of permitted uses and ng the screening req a live evergreen landscape screen of six . heig t deleting tH ecial use permit to allow the sale of alcoholic off-premise consumption. Commissioner Blassingame second ~. The motion was approved by the f Aye: McCormick, Taylor, Blassinga Nay: Dudziak, Duffy STAFF REPORTS Barry LeBaron w be a workshop s issioners aboard and stated there would with Com ISSloner Dudziak, while he understands Id like to know if an agreement is in place. Not knowing elp the Commissioners when voting. When staff now all about the case. He stated he felt like the Commission tioned Attorney Boyle if the Commissioners can be present during executiv with the city council on situations like this? Attorney Boyle replied that woul . contingent and decided upon each particular circumstance. Commissioner Dudziak stated being concerned with the business owner not being notified by the city in regards to this development. ADJOURNMENT The Commission adjourned the meeting at 8:55 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: ------------------- Planning & Zoning Commission Minutes - September 26, 2005 Page 90f9 clty O[ ~~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: October 10, 2005 I Prepared by: I Chris Fuller Development Coordinator Subject: P-05-040 - Minor plat on .80 acres out of the R.N. McEwing Survey located at 1135 McDonwell School Road STAFF REVIEW COMMENTS Gary L. Cantrell Company, Inc., is the potential developer of a O.B-acre parcel of property located at the southeast corner of Precinct Line Road and McDonwell School Road. The developer has submitted a Minor Plat for Lot 1, Block 1 of the Castle Peak Addition. Zoning. The proposed plat area is located within a CC1 Village Retail zoning district. The CC1 zoning designation requires a minimum lot size of 15,000 square feet, a minimum lot depth of 120 feet and a minimum lot width of 150 feet. The proposed lot meets the development criteria as stated within the Land Development Code. Perimeter Street Fees. This property is exempt from perimeter street fees per an agreement between the City of Colleyville and the property owner. Initially, it was estimated that the developer's portion of the perimeter street would total $8,560.93. However, earlier this year, the City of Colleyville needed to complete the reconstruction of the McDonwell School Road/Precinct Line Road intersection in order to meet the August opening schedule of the new Keller Elementary School. The owner of the subject property agreed to donate the necessary right-of-way along McDonwell School Road in exchange for the City not requiring perimeter street improvement payments when a plat is submitted for the property. The developer, at the time of the agreement, was not ready to proceed with the platting of the property, which would have required him to make the necessary right-of-way dedication. The agreement with the property owner allowed the City of Colleyville to proceed with the McDonwell School Road improvements without the need to purchase additional right-of-way. Roadway impact fees are required and will be assessed at the time of building permit issuance. Drainage. A lot grading plan will be necessary at time of building permit. The Engineering Department will review and accept lot grading plans during the building permit process. Water and Sewer. Utility services are available to the site. Agenda Item No.1 - Page 1 Sidewalks and Trails. The Land Development Code requires a trail easement and construction of a 10-foot wide trail along Precinct Line Road. The trail, along Precinct Line Road, shall be constructed as the lot is developed. Parkland Dedication Fees. 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 must be paid before the plat is recorded with the County Clerk's Office. SUMMARY The owner's surveyor has addressed all Development Review Committee comments. Since this plat contains fewer than four lots, only the approval of the Planning and Zoning Commission is required. The proposed development appears to satisfy the requirements of the Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.1 - Page 2 Zoning and Location Map u NORTH Agenda Item No.1 - Page 3 Development Review Committee Memo DATE TO FAX NO FROM September 30, 2005 Gary Cantrell 817.685.7739 Chris Fuller, Development Coordinator SUBJECT P-05-040 Minor Plat - Castle Peak Addition 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 notation "Preliminary - This Document shall not be recorded for any purpose" prior to submitting mylars to be filed with the County. 2. Provide cross-access easements along the southwestern lot line. Section 9.17.H of the Land Development Code states subdivision plats for new commercial developments shall be required to provide cross-access easements. 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. 3. Provide a Trail Easement along the entire frontage of the lot adjacent to Precinct line Road. The Following Comments Require a Response from the Applicant: 1. A TxDOT Access Permit is required for the drive approach on Precinct line Road. Contact TxDOT at 817-370-6526 for application information. Both TxDOT and the City must approve the permit. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements in the amount of $8,560.93 are required for this property per your agreement with the City of Colleyville for Right-of-Way dedication. SIDEWALKS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Precinct line Road. The Pathways Plan requires a 10-foot wide trail along Precinct line Road. The developer is required to construct the trail as part of the improvements for this property. The Land Development Code requires construction of a sidewalk along McDonwell School Road. The sidewalk is required to be 5-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. Agenda Item No.1 - Page 4 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. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon approval of the final plat. 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 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 andlor if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size andlor 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, October 10, 2005, 7:00 p.m. not required RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 10 folded copies of the revised Minor 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 offering reasons why the requirement should be modified or waived. Agenda Item No.1 - Page 5 --= Gary L. Cantrell COll1pany, Inc. REAL ESTATE DEVELOPMENT/INVESTMENTS October 5, 2005 Mr. Chris Fuller, Development Coordinator City of Colleyville P.O. Box 185 Colleyville, TX 76034 Re: P-05-Q40 Minor Plat - Castle Peak Addition Dear Chris: In response to your Development Review Committee (DRC) comments dated September 30 2005, please see responses below: Part 1 Response from Applicant/Surveyor: Comments 1,2 ,and 3 are addressed on the revised plat submitted by John Morgan with Moak Surveyors with this letter. Part 2 Response from Applicant: 1. A new access permit for a drive approach is not needed. Attached is a letter agreement from B&W Cabinet and Applicant which outlines their agreement to share the existing drive approach off Precinct Line Road. Perimeter Street improvements in the amount of $8,560.93 is not required from the Applicant per agreement with Huntington Corp (previous owner) dated March 1,2005 (copy attached). Also attached is a copy of the acknowledgement letter from Applicant. Applicant win comply with all other comments noted on page 2 with the following comment from Applicant: Since the City did not "construct a drive approach in the right of way to the property line onto McDonwell School Road on the eastern portion of the property as part of the intersection improvements" as outlined in the Letter Agreement dated March 1, 2005, I suggest one of the following alternatives: Celebrating 20 Years P.O. Box 96 · Colleyville, TX 76034 · 817-571-4834 · Fax 817-685-7739 1. City comply with Agreement and construct the drive approach. 2. City reimburse Applicant the cost of the drive approach in either a cash settlement or deduction from the impact fees paid by Applicant. Please consider the above options and let me know how you want to handle this oversight. I hope the letter satisfies your comments. Please call if questions. I'll see you Monday 10 October 2005. Sincerely, g~ General Partner for Glade Family, LID, Applicant 't. - Moall .~~ LICENSED 'STAT PROFESSIONAL OfS, InC. o R~GISTERED D SURVEYORS Texas · New Mexico · Arizona · Nevada October 4, 2005 · Topography · Forensic Surveys · Land TItle Surveys · Any Size Boundaries · Construction Layout · PlattinglLand Planning David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Jason B. Rawlin~ R.P.L.S. City of Colleyville Planning and Zoning Dept. 100 Main Street Colleyville, Texas, 76034 ATTN: Chris Fuller RE: Final Plat Showing Lot 1, Block 1, Castle Peak Addition, an Addition to the City of Colleyville, Tarrant County, Texas (P-05-040) Dear Chris~ In response to the Developmental Review Committee Comments the following: 1. The note above my signature line "Preliminary, this document shall not be recorded for any purpose" is Board Rule No. 663.18, Effective March 13, 2002, as defined in the Professional Land Surveying Practices Act & General Rules of Procedures and Practices by the Texas Board of Professional Land Surveying as revised September 2003. This note will be removed upon approval of the Final Plat, prior to the submittal of Mylar's for filing. (See attached) 2. The cross-access easement has been added. (See plat) 3. The trail easement has been added along Precinct Line Road. (See plat) If you have any other questions, please do not hesitate to call. Thank y ou~ jf-w.~ Jo W. Morg RP.L.S. 1105 Cheek Sparger Road · Colleyville, Texas 76034-4152 · www.moakswwyors.com · Metro 817-268-2211 · Fax 817-282-0401 Member Texas Society of Professional Surveyors & American Congress 00 Surveyi1g and Mawin9 " Texas Board of Professional Land Surveying Board Members Raul Wong, Chair (RPLS) ." ;;o::,:.~ '"' David Dewhurst (GWCommissioner) (b~>;;E--O;,~."<>"'< Greg Smyth (LSLS) ,/{(:~;~\'41~ (xi'" )(~,<) Stev~n C. Hofe~ (Public) ~/ \~~ ~/ ~f. Damel E. Martmez (RPLS) ~L.<-,~,/ .Jf. """"............ ~ ~ C. B. (Ben) Thomson, GLO Director of Surveying'"V~ ~ October 2002 Newsletter Kelley Neumann (Public) A.W. (Art) Osborn (RPLS) RobertL.Pounds(LSLS) Douglas W. Turner (RPLS) Joan White (Public) Sandy Smith, Executive Director NEW BOARD MEMBER Governor Rick Perry announced the appointment of David Gregory (Greg) Smyth of Devine to the Board for a term to expire January 31, 2007. Mr. Smyth replaced Jerry Goodson. Mr. Smyth is the owner ofD. G. Smyth & Co., a statewide land surveying service. He is both a Registered Professional Land Surveyor and a Licensed State Land Surveyor. He is a member and past president of the Texas Society of Professional Surveyors and was named "Surveyor of the Year" by the organization in 2000. In 1994, he received the society's award for community service. Mr. Smyth is also a member of the Surveyor's Historical Society of Professional Surveyors and a former Dilley Independent School Board trustee. He attended Southwest Texas Junior College in Uvalde and Texas A&M University. BOARD HIRES INVESTIGATOR The Board has hired Garey Gilley to investigate complaints. The position is part-time and Mr. Gilley will conduct investigations from his hometown of Ft. Worth and make site investigations as needed. Mr. Gilley is a former Board member, a Registered Professional Land Surveyor and a Licensed State Land Surveyor. You may contact Mr. Gilley by email atgarey.gilley@txls.state.tx.us "* NEW RULES Rule 663.18 (c) Effective March 13,2002 Preliminary documents released from a surveyor's control shall identify the purpose of the document, the surveyor of record and the surveyor's registration number, and the release date. Such preliminary documents shall not be signed or sealed and shall bear the following statement in the signature space: "Preliminary, this document shall not be recorded for any purpose." Preliminary documents released from the surveyor's control which include this text in place of the surveyor's signature need not comply with the other minimum standards promulgated in this chapter. Rule 661.45 Effective March 13,2002 (b) Calculators will be permitted to be used during any examination. Any non-communicating, silent, handheld, battery operated, nonprinting calculator will be permitted. Calculating and computing devices having a QWERTY keypad arrangement similar to a typewriter or keyboard are not permitted. Calculators/data collectors with alphanumeric keypads are permitted. No communication/imaging device of any type will be permitted, including but not limited to pagers and cellular phones. 2003 RENEWALS Pursuant to the 77th Legislature R.S., Article IX-93, Section 10.40, SB 187 and SB 645, an additional fee has been added to the annual renewal fee. This additional fee is being charged to each Registered Professional Land Surveyor to cover service costs for an electronic occupational license renewal system. The Renewal fee to practice in 2003 will be $150.00. Eligible Registered Surveyors will be able to renew their license online using a credit card (Visa, MasterCard or Discover) or electronic check. Instructions for this service will appear on your renewal form and can be found at: www.texasonline.com ~ ---= Gary L. Cantrell COll1pany, Inc. REAL ESTATE DEVELOPMENT/INVESTMENTS March 11, 2005 Mr. Robert Johnson Huntington Corporation 1905 Central Drive, Suite 200 Bedford, TX 76021 Re: McDonwell School Road Paving and Drainage Improvements Dear Robert: I received a copy of the letter agreement sent to you from the City ofColleyville Project Engineer dated 1 March 2005. After my review, it appears that the necessary right of way (ROW) dedication donated by you to the City does not effect my preliminary site plan for the property. Therefore, I agree to the ROW dedication and the other terms of the letter and accept the property with the agreement you have made with the City. Thank you for the information provided to me. It seems all parties have a mutually beneficial agreement. I intend to purchase the property in accordance with our agre~ents. Sincerely, ~i1r. Nary tn~;~(l CC: Keith Fisher, Director of Public Works ~ Chad Bartee, Project Engineer Mark Howe, Real Estate Broker Celebrating 20 Years P.O. Box 96 · Colleyville, TX 76034 · 817-571-4834 · Fax 817-685-7739 I II ~I 'i~1 ! I-I '! ~ fff I!I f ~ .~ I _I~ t ~1 0 J I 8 '. II 8 IIi . i~ i, ~JI i I'l ~I! ~fll f It I II, - Ii- ~ J 1~ ~I i J SS aj I if I ~ !~ II i!l- I i! II j ili ; il jl fiil 'f~! i! I !.i ~ ~ ~e II hI! II II ii I ~h ~ ~ il ~I=ft ~l ii I~; 111 I 5 I I 'II:J~ If:; II .i i 1'1 8 ,; -j II Ilk! f I f! It. ~ i Ii h ihl II II li.-f! I-jhl ~ I !s if dIll ;1 U iU11 'f!l- ! il,'I 11,1 ,! 'i 1'1 I! I 15f- ! ili II Ill! I: Ii Iii 11 i Ifii 1 ! !Il II 'III I~ II JXI I~ ~ fJ~1 - - ..I.-II. =J~S ~I:: I! '( ~ ~t:f I !. .b if J 81 JI'I If I I!/h i ~ 'I Iii ~1 &;1. &, sk I f .1 I fll. ; Pi ; ilt IJII~:r III!; II IS. h IIIII'I ~ ~ ~ t HI! II II Iii Iii If! I 1.1 I , 0 B- .. !:! I Ii t .,. 0 III bl ..; z i 2 ovo~ Sll~nJ o l'l I a: o .. - z ;~ '"' ~j ~ ~ l,..: " 010: a; iO .. ... ii. '.~' I It ..01 IS. )t< .;:: ~!ji ,,:! Z o! u ~~ U ~ ~ e z o Il WJ= $ - t h~ 'l'~O I ~ !I: .._~ !d ti~ ~s5 ... - ff.l}t I I ~~ I~ ~ :I!:i r S ~ . 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ZONED c- 1 ~ I U U o .. z o Ii lit Jil ill I'. ffR I~ I 1811 Ie' I I f f I f { f I I j li ~ ~ ~ j J i ] :! ill i 21 " c J i ~ I ~ I ,. o j v; 5111 ~ UJi' : .r I : ~I rjl' ~ z o I ~ Q I ~ ~" o ;.;;,);..:->~ ~ !'It'f....,...... 1 ----.-- 'O~~~ -1.. -- .. I' <Ja:....i5 oAD ~~- LINE -~-......-.. BeINeI' --~ pR~~ -- t- city Of ~~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: October 10, 2005 I Prepared by: ! Chris Fuller Development Coordinator Z-05-027 - Zoning change from R40 Single Family Residential to Subject: CC 1 Village Retail on Lot 1, Block 3 of the Southgate Addition located at 909 Cheek Sparger Road STAFF REVIEW COMMENTS Covenant Christian Academy has submitted a request to change the zoning of 1.5- acres, located at 909 Cheek Sparger Road, from R40 Single Family Residential to CC1 Village Retail. The applicant is seeking a zoning change in order to develop a private school on the property. The property is located on the southwest corner of Cheek Sparger Road and Wayne Drive. There is currently a detached single family residential house on the property. The property is platted as Lot 1, Block 3 of the Southgate Addition. In order to redevelop the property for a school, approval of a Special Use Permit will be required at a later date, upon approval of the rezoning request. The CC1 zoning district requires a minimum lot area of 15,000 square feet. The property exceeds 15,000 square feet and meets the minimum requirements of the CC1 zoning district. The subject lot, as shown on the zoning exhibit, appears to meet the CC 1 zoning requirements. The developer has submitted a zoning exhibit illustrating the area to be rezoned and included a tentative site plan overlaid onto the site. Approval of the rezoning request does not approve the preliminary site plan. Approval of a site plan and landscape plan will be required at a later date. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The CoJ/eyville Master Plan designates the future use of this area for single family type land uses. This request is not consistent with the goals and objectives of the Master Plan. Surrounding Properties. The properties to the south and east are primarily developed as single-family residences on large acreage tracts. The properties to the north are primarily developed as single-family residences. A church and private school are located to the west of the site. Development Trends. The long-term trend for this area is for both single-family and nonresidential development. Just east of this property, along Cheek Sparger Road, is a large commercial area, which includes a shopping center, office and school. The properties to the south, along Wayne Drive, consist of single family residential homes. Agenda Item No.2 - Page 1 Infrastructure. Water and sanitary sewer services are available along adjacent rights- of-way. The developer is responsible for the extension of utilities to the lots if necessary. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $308,345. The estimated City property tax revenue for the undeveloped property is $1,071 annually. The future property tax revenue would depend upon the value the building improvements to the property. However, the existing Covenant Christian Academy property, located to the west of the subject property, is exempt from paying property taxes. Sales Taxes. Future development within the property may generate sales tax revenue as the proposed zoning would allow many retail users, which directly generate sales tax revenues. It is possible that the school development would have an indirect positive effect on sales tax revenue through the parents and visitors shopping at local stores and restaurants, if the property were to develop as a retail commercial site. 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. A private school is expected to generate 0.92 trips per student and 5.4 trips per employee, per weekday, on average. Private schools are expected to generate 3.54 trips per 1,000 square feet of floor area per weekday, on average. Public Notification. Staff mailed notices to eleven (11) 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 three letters opposed to the rezoning request. SUMMARY This request is not consistent with the Future Land Use Plan nor the goals and objectives of the Master Plan. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: October 10, 2005 City Council: November 1 and November 15, 2005 RECOMMENDATION Denial due to technical non-compliance with the Master Plan Agenda Item No.2 - Page 2 ATTACHMENTS · Zoning and Location Map · List of Property Owners Notified · Development Review Committee Memo · Applicant's Response · Zoning Letter from Applicant · Letters in Opposition to Rezoning Request · Draft ordinance Agenda Item No.2 - Page 3 Zoning and Location Map D NORTH Agenda Item No.2 - Page 4 List of Property Owners Notified Saddlebrook HOA Larry Henry, President 4104 Inwood Lane Colleyville, TX, 76034 Shipp, J D Jr Etux Sandra L 901 Inwood Lane Colleyville, TX 76034 Jones, Gregory G Etux Michelle 903 Inwood Lane Colleyville, TX 76034 Kelly, Deborah R 905 Inwood Lane Colleyville, TX 76034 Harris, Stephanya 907/nwood Lane Colleyville, TX 76034 Bell, Michael E Etux Ellen K 1001 Inwood Lane Colleyville, TX 76034 Winslow, Dwight R 3916 Wayne Drive Colleyville, TX 76034 Werst, Harry A 3808 Wayne Drive Colleyville, TX 76034 Goodin, Judy Etvir Phillippe Mergaux 909 Cheek Sparger Road Colleyville, TX 76034 Laird, Jill 3815 Wayne Drive Colleyville, TX 76034 Presbyterian Church 715 Cheek Sparger Road Colleyville, TX 76034 Colleyville Covenant Christian Academy 715 Cheek Sparger Road Colleyville, TX 76034 Agenda Item No.2 - Page 5 Development Review Committee Memo DATE September 27,2005 Art Pengelly 817.626.2749 FAX TO FAX NO FROM Chris Fuller, Development Coordinator SUBJECT Z-05-027 909 Cheek Sparger R40 to CC1 The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide documentation signed by the current property owner consenting to the rezoning. The Tarrant Appraisal District records lists a property owner (Goodin, Judy Etvir Phillippe) who differs from the applicant. A signed and dated faxed document will suffice 2. Revise the numbering of the notes. The notes are not consecutively numbered. 3. Revise the wording of Note 4 (currently Note 5) to include the word "Property" so that the notation states, "All landscaped areas are considered common space and will be maintained by the property owner." GENERAL ZONING/SUBDIVISION INFORMATION In The Response Letter, Acknowledge the Following Information: 4. Within the CC1 zoning district, a Special Use Permit (SUP) will be required for a school. Approval of the rezoning request does not constitute approval of a SUP. Approval of a SUP request will be required prior to the issuance of building permits. 5. Approval of the rezoning request does not constitute approval of the proposed building site plan or landscape plan shown on the zoning exhibit. Approval of the site plan and landscape plan will be required prior to the issuance of building permits. 6. An automatic fire sprinkler system and fire alarm will be required if the building is completed as proposed. The building may also require standpipes. Contact Jeff Jones, Fire Marshall, 8l7.488.6277, for more information. 7. Fire lane and additional hydrants, if required, must be constructed and accepted prior to construction of the above the foundation. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. Agenda Item No.2 - Page 6 8. Pending approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 9. If the zoning request is approved, the property shall be subject to the general provisions of the CC 1 zoning district. 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, October 10,2005, 7:00 p.m. Tuesday, Novembed and November l5, 2005, 7:30 p.m. RESUBMITT AL REQUIREMENTS Once you have completed the changes to the drawing, please submit the following to our office: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. · 13 full size copies of the zoning exhibit · 1 reduced, 8.5" x ll" copy of the zoning exhibit The above requested items must be submitted no later than noon on Wednesday, October 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@ci.colleyville.tx.us or 8l7.503J054 if you have any questions. Agenda Item No.2 - Page 7 Applicant's Response October 4, 2005 Mr. Chris Fuller City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: 909 Cheek Sparger Road Z-05-027 Dear Mr. Fuller: I am in receipt of your Development Review Committee response to our submittal for a zoning change on the property referenced above. Pursuant to the request for a response letter, which addresses items 1 through 9 in your DRC letter, please find the following responses in numerical order: 1. Documentation is attached. 2. The numbering has been revised. Please see the zoning exhibit. 3. This change has been made. Please see the zoning exhibit. 4. CCA understands and is fully aware that an SUP will be required prior to the issuance of building permits. CCA has opted not to include an SUP at this time due to the requirements of the SUP for site plans and building plans which have yet to be generated. CCA has every intention of moving forward with the necessary documents to obtain an SUP as soon as zoning is granted and the property can be closed. 5. Acknowledged. 6. Acknowledged. 7. Acknowledged. 8. Acknowledged. 9. Acknowledged. CCA also acknowledges all of the other references to fees and requirements of the City relative to this zoning change request. October 4, 2005 Mr. Chris Fuller City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: 909 Cheek Sparger Road Colleyville, Texas Dear Mr. Fuller: Please be advised that I consent to the re-zoning (Z-05-027) of my property located at 909 Cheek Sparker Road in Colleyville, Texas. The name shown on the Tarrant Appraisal District Records (Goodin) for the property is my wife's maiden name. We have attempted several times to have the records changed to reflect her married name, which is my last name. To date, they have not changed the tax records to reflect this. I trust this will clarify this matter. ( i ~ ~ :t t;: -, ~. i B '. () 2 5 ] , () 0 ;i. :nJ7Ci:f3 r& ALAMO lHLE COMPANY F1t.fO .-' 4: Ob ~UI f. ,:, ~ St Parcel " 111 Prepared By: DEE A. DEXTER RecooI and Return Address: Chue Manhattan Bank USA. N.A. do Cha.. Manhattan Mortgage Corporation 1500 N. 11th St. Monroe. LA 71201 AtIn: Document Conlroll1h fL. - HE Reference" 013231308375 Servicing" 8It2803II19 TEXAS HOME EQUITY LOAN DEED OF TRUST (HOMESTEAD) THIS DEED OF TRUST SECURES AN EXTENSION OF CREDIT OF THE TYPE DEFINED BY SECnON 5O(a)(6), ARncLE XVI. TEXAS CONSTITUTION THISIH:I:t) C?f. TitUST is given on ftbruary 5. 2002 -'.'~~iW*'ilrilhftJDY'a~.\' _ The mortgagor is: The trustee is CbaIIIIs A.. Bmwn.. ~ . whose address is: Ikown &~. ~ FUmont~. Suite 101. p.,-qa TX 775M ("Trustee"). The beneIiciaty is: 0'-11..._" Bank USA. N.A. . a national banq _ouv-isttinn whose acfdr8ss is: 2GO WhIta C~ c.m.r DrIve Roca 273.1Hwar1t. DE 19111 ("lender") or its SlIOOIlSSOr$ or assignees. In this Deed of Trust.. 1he Ierms -you; "your" and "yours- refer to the mDItgagor(s}. The tenns -we: "us- and -our'" refer to 1he lender. You owe us the principal sum of F~ lhouand and CIOI1OD 00IIars (S~JJOll.OO ). ThiS debt is evidenced by your note ("Note1 dated the same date as this Deed of Trust. which provides for monthly paymenls. with the full debt. if not paid earfiet. due and payable on ~ 7. ~ . This Deed of Trust secures to us: (a) the repayment of the debt evidenced by the Hole. wilh inIefest. and all renewals. extensions and modifications of 1he Note; (b) the payment of aR olhef sums. wilh interest, advanced under this Deed of Trust to protect 1he security of this Deed of Trust; and (c) the performance of yo..- covenants and agreements ooder this Oeed of Trust and !he Note. for this purpose. you hereby mortgage. grant and ClOIWey to 1he Trustee. in trust. with power of sale. the foIowing desaiJed property: -see AItached Schedule A- which has the address of ......CHE;S(':SP~:r.nIIR'VII. t:'TX ~188" ("'Property Address-); TOGETHER WRH all the ~ now or her8after erected on the property. and all easements. appwtenances. and fixIures now or tweaaer a part of the property. " !he Property is a part of a planned unit development ("PUo-) or a condominium ("Condominium1. the Property also indudes yo..- iI1tIIlreSt in the homeowners' associatiOl'J or other enlily owning or managing the common _ or faciities of the PUD or Condominium (1he -owners" Association-) and the uses. benefilS. and pnx;eeds of your interest. M replacements and additions shall also be coveted by this Deed of Trust. All of the foregoing is referred to in this Deed of Trust as the "Property.- 1XUIDTH (Rev. 1I8l3OO1) """"''''. .AL __. .....:-.Jo.- Zoning Letter from Applicant Zonina Chanae Application - Supportina Documents Section C. Statement of Planning Objectives It is the desire of Covenant Christian Academy to obtain the property proposed for zoning change in this application for the purpose of the construction of a new lower school building. CCA has selected this property due to the fact that it is contiguous with the rest of our campus. The acquisition of this property will allow CCA to improve the quality and character of its present campus, with the largest advantage being the removal of the portable classrooms presently being used to house the lower school classes. CCA intends to construct a lower school building that will compliment the structure that presently houses our upper school. The lower school building will be a structure that sends a statement to the community of the excellence that CCA strives to provide in both academics and facilities. It will be a building that the community, the City of Colleyville and the CCA family will be pleased to have in the City and to use on a regular basis. Development Schedule It is the intent of CCA to begin construction on a lower school most likely in the summer of 2006. CCA will begin a building campaign in order to fund the project after the acquisition of the property, which is contingent upon this application for zoning gaining approval. Once zoning is approved, CCA will close on the property and begin the capital campaign in order to raise adequate funds to break ground in the summer of 2006. Economic Development Information CCA is a non-profit organization and as such the direct economic benefit from the construction of a private lower school is limited when compared to a for-profit commercial enterprise. However, it should be noted that the property in question is unlikely to be developed for commercial use due to its location and proximity to the school and the surrounding neighborhood. Additionally, over 300 families from surrounding communities visit Colleyville on a daily basis during the school year. These families frequent local businesses on their way to and from school and would otherwise not do so if not for their daily trips to CCA. Traffic Impact Analysis A traffic impact analysis should not be required. CCA is not building a new school that will introduce new students that were not here already. CCA is constructing a new 89R981 building in order to relocate existing students into a better facility. As such, we do not see any additional vehicle trips per day being generated by the construction of the proposed lower school on the property for which the zoning change is requested. , - en ;;:j "lJ ~ I 0 -1 N 1 1 :' -,/_________1, " ' I I ',~_: J._____..fu.:___ , ,~ 10 , . --tt1-----n ~ 0 :r m m " ~J ;" :;0(1)" m-<: " (l)Zo. ~! )> -G')~ ~ Or- mm . m z" ;D ~ ~~ r- - r- -< ~ )> 'Iii ------ ------ :;0(1):;0 fi)~i!> Or- mm z" :::j~ ~- !< l "TI N N i )> O~ :gn~ ~~~ "U "'-O-lO>Z ~~~~ no):oZ ~~~~3 (j) -~;> ~;u~rf:=~ ~~:~ ::0 0 0 ~)HJ'" ::0 ~~ ~~~ ~l<:l ::0 ~~~~~: o .., 5~O;g'" m I 0 Z lil:i::d1i m ~~;g 0 ~~iiu ;u)>C')"-l .gg~- Z - - --... Z :~~ ~8~~~ ~ ^ cZz s:: Z ~~~~ )> ,..~ ~O'6 "U ~~~ ~~l; ~~~~ m , o;;i; "''" ~~i ~~~ m ~~~~~ ~~5 0-..... h;~ ~ 1 f G) z ~- '" (J) &;;;; ';J!<~ ::0 ~~6 , ~~......... E ~~ ~:u~!s~ zo..... 0 G> ~"'o ~ i'll\~ ~~ -l o)>~ ~~o ;~~~ r , ~~g ~~~ Zo~~;lJ ~6~ I q I ~~ ~ -< ~~:u:~ ~~o "')>~ ;:;::%;z:~ Z ~cz ~~ o-<?;j )> m ~o (j) 0 0 ~~~~~ ~~-< 0.....0,.., 0 "'1;;0 ~ ~~)J ~r~ _ n::il':Q -l Z X :;:~ -l '! :iE ~U:~;g ;;;~~ "'~z ~~~~ -l 0 (j) (5 d ~~~ 1'"1::'-1 !ig",z m I ~ Z ~o:!O;ez ~~~ ~88)> (J) !~ m z ....I""IZ(/l c.i (J) m ~~~~~ gg3 . ~<:::>Ci ::0 OJ ~~~&i ;!i ::0 ~z ~~ ~~ i 0 "l s--< m -I ~:i:81'; (J) ~ 00 ..... g?l 0 ~~;-~ ~ c ;;iist m (J) gQ~:=: -l gg~2 g E < Q z =i -< s:: )> "U N I --lio. ~ ~ z ffi " --l \l! i3 J: !1:1 ;;; :oj COVENANT CHRISTIAN ACADEMY ZONING EXHIBIT 901 CHEEK SPARGER RD COLLEYVILLE. TEXAS Letters in Opposition to Rezoning Request Amy Shelley .~N__~~.___.~._-'---- From: Allan Werst [bestwerst@sbcglobal.net] Sent: Monday, October 03, 2005 4:32 PM To: Amy Shelley Cc: bestwerst@sbcglobal.net Subject: More information on Case # Z-05-027 To: The ColleyviUe Planning and Zoning Commissioners and Council Liaison From: Allan and Helen Werst Colleyville citizens You are aware of the property at 909 Cheek Sparger. They are trying to change the zoning from R-40 residential to CCl Village Retail so they can sell it to Covenant Christian Academy for school expansIon. Colleyville's laws do not allow private schools in residential neighborhoods, and rightfully so. The noise, confusion, traffic, litter, etc, does not create a good neighbor relationship. However, since the school already owned their existing property six years ago, they were allowed to build. Our neighborhood opposed the campus, telling the school that their space wasn't large enough. The school assured us that the student body would probably never reach 750 students and the space was ample. Now, six years later, the school is trying to break up our deed restricted neighborhood. They have canvassed our neighborhood, spreading rumors, talking purchase prices, and saying it's only a matter of time when they have the P & Z and City Council, seeing their way. They are now saying that they will start with this property and then work their way down the west side of Wayne Drive. Weare asking your support in denying this change of zoning request. Our reasons are: 1. We understand that the school is tax exempt. If true, Colleyville would lose their share of city tax on this property appraised at $308,000 by the Tarrant Appraisal District. 2. The property is situated in one of the last R-40 (one acre) neighborhoods in Colleyville. 3. The neighborhood is protected by deed restrictions of single family dwellings. Only one lot, the one in question, may be split in two. Livestock is allowed. (See below) 4. Our two block neighborhood has been here since the 60's, with several original owners still residing here. Everyone either built or bought their places as their permanent home, except the property in question. Please let's nip this attempt at encroaching on our rights as citizens, and deny this request for zoning change. Respectfully, Allan and Helen Werst 3808 Wayne Drive Colleyville, TX 76034 817-498-3940 H~stW erst@sb~glol;>J!1.net Deed Restrictions Roy A. Priess to The Public dated March 15, 1967 Filed March 21, 1967 Recorded in Volume 388-42, pg 69 Plat Records, Tarrant County, Texas BLOCK 2 and 3 SOUTHGATE ADDITION, to Colleyville, Tarrant County, Texas lon/?oO'i LARRY K. HENRY September 30, 2005 PLANNING AND ZONING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COllEYVllLE 100 MAIN STREET COlLEYVlllE. TEXAS 76034 CASE Z "()5-027 I AM WRITING THIS lETTER AS PRESIDENT OF THE SADDLEBROOK HOMEOWNER'S ASSOCIATION TO ASK THAT THIS REQUEST FOR A ZONING CHANGE NOT BE APPROVED, AT lEAST IN IT'S PRESENT FORM. FIRST WE ARE STRONGLY AGAIN EST CHANGING THIS ZONING TO RETAIl. WE DO NOT WANT COMMERICAl BUSINESS HERE NOW NOR IN THE FUTURE. ANY ZONING CHANGE SHOULD PRECLUDE ANY PRESENT OR FUTURE ABilITY FOR RETAil OR OTHER COMMERICAlIZATlON. THERE HAs BEEN ENOUGH EROSION ALREADY. SECOND, WE ARE VERY CONCERNED ABOUT THE TRAFFIC SITUATION AND ANY CHANGE IN ZONING SHOULD FUllY ADDRESS THIS ISSUE. THIRD, WE ARE CONCERNED ABOUT THE LIGHTING, SIGNAGE AND ELEVATION OF ANY STRUCTURE TO ASSURE NO ADDITIONAL PROBLEM IS CAUSED TO OUR HOMES THAT BACK UP TO CHEEK-SPARGER SINCE WE HAVE NOT HAD THE OPPORTUNITY TO SEE THE PLAN OR DISCUSS OUR C~NS-n..~KdTHE CnY ASSURE THE RIGHTS OF OUR HOMEOWNERS ARE PROTECTBl. LAR~RY PRESIDENT SADDLEBROOK HOMEOWNER'S ASSOCIATION October 3,2005 Community Development Department City ofColleyville 100 Main Street Colleyville, Texas 76034 Attention: Amy Shelley Dear Amy; Although we do not live within 200 feet of Covenant Christian Academy, We would be directly effected by the proposed zoning change of Lot 1 Block 3 Southgate Addition located at 909 Cheek Sparger Road. We would like to go on the record as being vehemently opposed to this change. We have been residents of Wayne Drive for 27 years. Most of the residents on this street are our original neighbors. That is almost unheard of in our mobile society! Now we have had an individual move into our neighborhood who is making an effort to profit by rezoning our deed restricted residential neighborhood. Please see that our position is passed on to the members of the Planning and Zoning Commission. ~relY, t1 ~EhUne~ 3716 Wayne Drive Colleyville, Texas 76034 RtEtaEir<<DD m:lTIDffimIIffi lp~ ~.._.._.......1 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 1.5 ACRES LOCATED AT 909 CHEEK SPARGER AT LOT 1, BLOCK 3 OF THE SOUTHGATE ADDITION, FROM THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT TO CC1 VILLAGE RETAIL; 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 Covenant Christian Academy on September 16,2005, under Case No. Z-05-027; 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 R40 Single Family Residential district to CC1 Village Retail district, as depicted in the attached Exhibit "A". 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 city Of ce~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: October 10, 2005 I Prepared by: I Chris Fuller Develooment Coordinator Z-05-028 - Zoning change from R20 Single Family Residential to Subject: R40 Single Family Residential on Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court STAFF REVIEW COMMENTS Larry and Susan Austin have submitted a request to change the zoning of 1.7 -acres, located at 500 Wagonwheel Court, from R20 Single Family Residential to R40 Single Family Residential on Lot 29, Block 4 of the Western Trails Addition. The applicant is seeking a zoning change in order to keep horses on the property. The property is currently developed as a single family residence and located on the north side of the cul-de-sac at the eastern end of Wagonwheel Court. Two horses are currently stabled on the property. City staff received a complaint from a neighbor regarding the permanent keeping of horses within an R20 zoning district. In order to permit horses within an R20 zoning district, the Land Development Code requires that a Special Use Permit be approved by the City Council. However, horses are permitted by right within the R40 zoning district, therefore the applicant has submitted a request to rezone the property to the R40 zoning designation. The following excerpt is from the Land Development Code regarding horses in the R40 zoning district: 3.10.E Permitted Accessory Uses Subject to the provisions of Section 3.28 - Supplementary District Regulations, accessory buildings, structures, and uses customarily incidental to the "Permitted Principal Uses" are allowed, including but not limited to the following: 10. Private stables for the keeping of grazing animals, provided: a. Significant ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way become a health hazard or nuisance to humans or animals; b. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to properly retain the grazing animal(s) on the premises; and c. The minimum space area of the lot upon which such grazing animal(s) may be kept, including pens, corrals, and stables, shall not be less than 15,000 square feet per each grazing animal over five hundred (500) pounds and not less than five thousand (5,000) square feet for any other grazing animal. Agenda Item No.3 - Page 1 The following excerpt is from the Land Development Code regarding horses in the R20 zoning district: Section 24.C . Table of Permitted. Uses Z()rlingPi$lriot = U.I ~ ~I~ to Q u. ::%: 0 Z or- C'<< M ..J Land Use Classification ,.. :I lL 8 (.) (.) <( 0:: ~ ~ 0:: IX == (J (.) <.> (.) :I Private horse stables for domestic use . . . sls S: Requires approval of a Special Use Permit. The R40 zoning district requires a minimum lot area of 40,000 square feet. The property exceeds 40,000 square feet and meets the minimum lot and width requirements of the R40 zoning district. Available City records indicate that the property has been zoned R20 Single Family Residential since approximately 1976. The 1976 City of Colleyville zoning ordinance did not permit grazing animals within the R20 zoning district. 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 rezoning request is consistent with The Colleyville Plan, which promotes: · Preserve larger lot sizes, i.e., 30,000 sq. ft. and up. Residential Density. The Colleyville 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. Lot Sizes & Widths. The proposed zoning request for 15,000 square foot lots is in compliance with The Colleyville Plan as it is comparable to the existing lot sizes within the surrounding area. Surrounding Properties. The surrounding properties consists of primarily single family residential uses. The properties to the north, west and south are zoned R20 Single Family Residential and are currently developed as single family residential uses. The property to the east is zoned R40 Single Family Residential and is developed as a single family residential use. Development Trends. The development trends in this area primarily focus on single family development. Public Notification. Staff mailed notices to fifteen (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. Staff has received two letters in opposition to this request. Agenda Item No.3 - Page 2 SUMMARY Staff advised the applicant that a Special Use Permit request would provide the opportunity to include conditions in the ordinance, which could be used to mediate the applicant's desire to keep horses on the property and the neighbor's displeasure with the request. However, the applicant has chosen to rezone the property to the R40 zoning designation. The proposed zoning change is consistent with the Land Use Plan and is in compliance with The Colleyville Plan. The recommendation for approval is based upon the R40 zoning district lot size being comparable to the existing lot sizes within the area. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: October 10, 2005 City Council: November 1 and November 15, 2005 RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · List of Property Owners Notified · Development Review Committee Memo · Applicant's Response · Zoning Letter from Applicant · Letters in Opposition to Rezoning Request · Draft Ordinance Agenda Item No.3 - Page 3 Zoning and Location Map D NORTH Agenda Item No.3 - Page 4 Hahn, Edward K Etux Doris Edward & Doris Hahn Trust 7500 Windswept Trail Colleyville, TX 76034 Mudge, Christine V 505 Wagonwheel Court Colleyville, TX 76034 Trotter, Byron S 504 Wagonwheel Court Colleyville, TX 76034 Johnson, Jennifer A The Jennifer A Johnson Trust 509 Frontier Court Colleyville, TX 76034 Monier, Paul M Etux Kathleen 500 Frontier Court Colleyville, TX 76034 List of Property Owners Notified Harris, Wesley D Etux Karen T 513 Wagonwheel Court Colleyville, TX 76034 Sowell, Charles R 509 Wagonwheel Court Colleyville, TX 76034 Lord, George E 501 Wagonwheel Court Colleyville, TX 76034 Larry & Susan Austin, applicant 500 Wagonwheel Court Colleyville, TX 76034 McAllister, Donald B 508 Wagonwheel Court Colleyville, TX 76034 Jackson, Chris Etux Monica 7703 Overland Trail Colleyville, TX 76034 Speed, Douglas E Etux Loretta 505 Frontier Court Colleyville, TX 76034 Cruce, John H Etux Marcia 501 Frontier Court Colleyville, TX 76034 Darling, Polly 504 Frontier Court Colleyville, TX 76034 Hazlewood, Gary H Etux Etal 7600 Windswept Trail Colleyville, TX 76034 Agenda Item No.3 - Page 5 Development Review Committee Memo FAX TO September 28,2005 Larry & Susan Austin N/A DATE FAX NO FROM Chris Fuller, Development Coordinator SUBJECT Z-05-028 - R20 to R40 - 500 Wagonwheel Court The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL ZONING/SUBDIVISION INFORMATION l. Staff recommends this request be submitted as a Special Use Permit. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R40 zoning district. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, October 10,2005, 7:00 p.m. Tuesday, Novemberl and November 15,2005, 7:30 p.m. RESUBMITT AL REQUIREMENTS Once you have completed the changes to the drawing, please submit the following to our office: · 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, October 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@ci.colleyville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.3 - Page 6 Development Review Committee Memo DATE FAX TOn FAX NO FROM September 28, 2005 Larry & Susan Austin N/A Chris Fuller, Development Coordinator SUBJECT Z-05-028 - R20 to R40 - 500 Wagonwheel Court The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL ZONING/SUBDIVISION INFORMATION 1. Staff recommends this request be submitted as a Special Use Permit. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R40 zoning district. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, October 10,2005, 7:00 p.m. Tuesday, Novemberl and November 15,2005, 7:30 p.m. RESUBMITT AL REQUIREMENTS Once you have completed the changes to the drawing, please submit the following to our office: · 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, October 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@ci.colleyville.tx.us or 817.503.1054 if you have any questions. Page 1 of 1 Applicant's Response Chris Fuller From: Susan & Larry Austin [slaustin4@comcast.net] Sent: Tuesday, October 04,20057:10 AM To: Chris Fuller Subject: Re: Zoning Comments Chris, In response to the comments forwarded to us: 1) We realize that a Special Use Permit is an option. However, we choose to request to be rezoned from R20 to R40. 2) We understand that if rezoned, our property will fall under the provisions of an R40 zoning. Thank you, Larry and Susan Austin Zoning Letter from Applicant We purchased and moved to 500 Wagonwheel Court in the Western Trails addition ofColleyville in May 1991. The covenants for this addition state "livestock, horses, poultry or animals considered as pets for family use only may be raised, bred or kept as pets for pleasure on any lot. . . All to be in accordance and in compliance with the City ofColleyville ordinances." Our daughters were quite young at the time. However, we knew that when they were older we would like to have horses. We called City Hall and were told that we could have one horse per half-acre of land. The lady we spoke with did not mention zoning or ask where our property was located in Colleyville. Now fast forward several years to 2001. Our younger daughter, Michelle, very much wanted to have a horse and to learn to ride. We bought two Foundation Quarter Horse fillies and stabled them at a friend's house. Through weekly lessons Michelle became proficient in horsemanship. She began taking barrel racing lessons and training her horse for that activity. When she entered Grapevine High School in 2004, Michelle joined the Rodeo Club at the school. Now in her sophomore year she is taking classes in Wildlife Management and Equine Science. We decided that Michelle would benefit by sharing in the daily care and upkeep of the horses. We also decided the horses would benefit if we stabled them on our acreage because they would have closer supervision. A friend mentioned we should check on zoning. We made three visits to Clayton Husband in Colleyville's Zoning office to discuss zoning and codes. It was then we discovered that we were zoned only R-20. Mr. Husband advised us to talk with the neighbors about our plans and to periodically bring the horses to our property so the neighbors would be aware that they were there. He further advised that if there were no complaints during these visits we could move the horses to our property on a permanent basis. We followed this advice and nineteen months ago we moved the horses to our property. Adjacent to the barn, the horses are in separate enclosed stalls each night. Each stall and each pasture is mucked on a daily basis. The horses spend mornings at the rear of the property eating hay. In the afternoon and early evening the horses are in the front pasture grazing on grass. The neighbors bring children and grandchildren to visit. They climb on the fence rails to reach over and pat~e horses and often bring them a treat. / ( ( It is our request to rezone from R-20 to R-40 and to keep the horses on our property for the following reasons: 1. Colleyville's regulation for an R-40 designation is 40,000 square feet with a minimum width and depth of 150 feet. Our property with 1.87 acres has 81,457 square feet. Our width is 179 feet and our depth is 458 feet. 2. The entire east side of our property (458 feet) is adjacent to R-40 property. 3. An R-40 zoning allows our property to be designated as horse property and increases the value of our land. 4. Having the horses at our home provides a neighborhood ambience that is very in keeping with the spirit of Colleyville--a peaceful rural feeling in the midst of the hustle-bustle of urban living. Respectfully submitted, ~/4'~ . A4~ ~ Larry and Susan Austin, owner and applicant ZONING EXHIBIT Applicant: Larry and Susan Austin, 500 Wagonwheel Ct., Colleyville, TX, 76034 Owners of Record: Larry Austin and Nancy Shepherd, 500 Wagonwheel Ct., Col1eyville, TIC, 76034 Gross Area In Sq. Ft. % of Total Area 100% 2.7"10 2.0% 2.0% 93.3% 81,457 2,180 1,555 1,475 76.247 Legal description for 500 Wagonwheel Court: Lot 29. Block 4, Western Trails Section 2, an addition to the City ofColleyville, Tarrant County, Texas. Plat recorded in Vol. 388-80. Pg. 56. Plat Records, Tarrant County. Texas. Adjacent property on West: Single family, zoned R-20 WagoDwheel Court Scale: 1" = 50 ft Key: 1. Siagle family dwelliDg 1. Bara 3. Two-staU bone stable Adjacent! .roperty on North: Single family, zoned R-20 178.7 ft ~ = VI 0:- \0 fOl = VI oci VI . Adjacent property on East: Single family, zoned R-40 95.8 ft Adjacent property on South: Single family, zoned R-20 city of 0..........................,.............'.................. -,- --," .~:;> ',,- .. ,\'.;i, "'-'~ .,," :."-<,. . .> '.. ~ Texas Our daughter, Michelle, with the horses The barn and stalls are in the background Bayley Rosie Letters in Opposition to Rezoning Request __. - ___._--- - __..____~~___._.__"..__ ,__.~ .., __~~.._ .__~... ,,_,____,_,__,__, ~ ~.._ _.__.___~_____.,_.__'_ __*_ . ___ - - _"Hu,__., ~__"'_~_'____'___ .",___,__,__ ---.---- - --.- .---- From: CHRISTINE V MUDGE Dfosterm@sbcglobal.net] Sent: Saturday, September 24,20059:37 PM To: Chris Fuller Cc: Amy Shelley Subject: Case Number: Z-05-028 In reference to the above case, I would like to voice my opposition to the change in zoning from R20 to R40. Since I will be out of State for the October 10 meeting, it is necessary for me to utilize this means of communication.I would refer the Planning and Zoning Commission to Paragraph 3 of the Master Plan Vision Statement which pledges visually pleasing and attractive landscapes to residential and commercial enviornments.In my opinion, the fence facing my property and enclosing the Austin's front yard is anything but asthetic. I believe it is out of compliance with Colleyville law to fence one's front property and in addition, use that property to pasture two horses. I feel that this situation devalues my property and I ask the Commission to seriously consider this request as not in the best interest of others in the neighborhood.Please see that this request if forwarded to members of the Planning and Zoning Board. Chris Mudge 505 Wagonwheel Court September 30, 2005 Planning and Zoning Committee: My name is Gene Lord. My wife, Jimmie, and I have lived at 501 Wagonwheel Court for 25 years. Our neighbors, the Austins, who live at 500 Wagonwheel Court, want to change the zoning on their lot from R20 to R40 so that they can keep horses on their property. We oppose the rezoning request. We believe that the purpose of Planning and Zoning ordinances is to protect the property values and quality of life of our neighborhoods. We believe that our property value has been negatively affected, and we know that our quality of life has been negatively affected. We apologize for not being there in person to express our objections on this change. We are on an extended vacation for which reservations were made a year ago. The Austins have had two horses on their lot for just over a year, with horse fence within inches of our front yard. I grew up on a ranch where we always had six to eight horses. We never smelled horse manure in the vicinity of our house. That is currently not the case. Although, the Austins try to be responsive to complaints, there is no way we cannot be affected with the horses that close. Sometimes we have smelled manure when we opened our front door, more at the mailbox, and frequently in am working in the garden near the fence. Our friend who owns a home renovation company and a local realtor have both told us that the presence of the horses has lowered the value of our property. The realtor said "10 percent off the top" and that there would be a major impact on curb appeal if we were to try sell our home A considerable ar~a of the lot at 500 Wagonwheel Court is a steep, rocky, brushy hillside, unsuitable for horses. The area remaining for the horses after the house, outbuildings, and front and back yards is very limited. We respectfully request what you deny the Austins request to change the zoning at 500 Wagonwheel Court from R20 to R40. /:lo~,L t- ';;f~ . ...~- f.' _ ~~ G~mieLOrd 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 1.7 ACRES LOCATED AT 500 WAGONWHEEL COURT AT LOT 29, BLOCK 4 OF THE WESTERN TRAILS ADDITION, FROM THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT TO R40 SINGLE FAMILY RESIDENTIAL DSITRICT; 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 Larry Austin on September 16, 2005, under Case No. Z-05-028; 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 Ordinance 0-05-XXXX Page 2 of 3 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. 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 R20 Single Family Residential district to R40 Single Family Residential district, as depicted in the attached Exhibit "An. 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. AND IT IS SO ORDERED. 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