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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/24/2005 n~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, October 24,2005 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 Dudziak PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 10, 2005 LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS PUBLIC HEARING AGENDA ITEMS 1. Case Z-05-027 - PUBLIC HEARING - Request for a zoning change from R40 Single Family Residential to CPO Professional Office with a Special Use Permit for a privately operated school on Lot 1, Block 3 of the Southgate Addition located at 909 Cheek Sparger Road Planning and Zoning Commission Agenda -October 24, 2005 Page 1 of 2 2. Case Z-05-029 - PUBLIC HEARING - Request for a zoning change from AG Agricultural to R40 Single Family Residential on Lot 1, Block 1 of the Newgren Addition located at 200 John McCain Road 3. Case G-05-012 - PUBLIC HEARING - Amendment to Chapter 14, Engineering Design Standards of the Land Development Code regarding detention/retention ponds TABLED ITEMS 4. Case Z-05-028 - Request for a Special Use Permit to allow for horses on Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Thursday, October 20, 2005, 4:30 p.m. Planning and Zoning Commission Agenda -October 24, 2005 Page 2 of 2 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - October 10, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. INVOCATION Present: Commissioners, Robert McCormick, Dave Dudziak, Tom Bartkowski, Mary Taylor, John Blassingame, Denis Duffy and Jeff Byerly Barry LeBaron, Chris Fuller and Robert Woods from staff were present. The invocation was given by Commissioner Byerly. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy moved to approve the September 26, 2005 meeting minutes as written. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None ELECTION OF OFFICER Commissioner Byerly moved to have the election of officer and the following was voted: Recording Secretary - Commissioner Byerly made the motion to nominate Amy Shelley to the Recording Secretary of the Commission. Commissioner Bartkowski seconded the motion. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 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 Chris Fuller presented the case and briefed the Commissioners. Planning & Zoning Commission Minutes - October 10, 2005 Page 10f6 Commissioner Duffy questioned staff if they have copies of the shared access agreement with B&W Cabinets? Chris Fuller replied no, not at this time. Commissioner Duffy questioned staff if they know the agreement is in place or is it a wish? Chris Fuller replied the developer is in the process of procuring that agreement and if that agreement is not procured the joint access agreement would allow a curb cut adjacent to that driveway, enough on to that property that access could be granted. Commissioner Duffy questioned staff if that agreement would have to be cleared with TxDot? Chris Fuller replied yes. Commissioner Duffy questioned staff if it has been filed with TxDot? Chris Fuller replied the developer will have to answer that question. Commissioner Duffy questioned staff in regards to how is the developer going to provide drainage to the adjacent creek, what is the flow and what is the impact down stream? Robert Woods, City Engineer, replied the grading plan will be submitted during the building permit process. Commissioner Duffy stated the code requires drainage information be provided at the time of final plat. Commissioner Duffy questioned staff if the developer has provided the drainage information? Robert Woods replied they have not at this time. Commissioner Duffy questioned staff in regards to what do the Commissioners have to have now and what do they have to have later in order to approve this plat? Barry LeBaron replied those drainage requirements are a site plan process done at the time building permits are issued. This plat provides the information regarding public improvements stating those improvements are in place. The developer may have some grading to do for that channel but that would be done at the time of building permitting not at the time of platting. Gary Cantrell, the applicant, came forward to answer any questions. Commissioner Duffy questioned Mr. Cantrell in regards to the two options for the construction of the drive and right of way at McDonwell School Road, those options being; construct the drive or the city will reimburse the cost of the drive in cash or deduct the cost from the impact fees paid by the applicant. Where does that agreement stand? Mr. Cantrell replied not having heard back from the city however, does not feel this to be an issue. Commissioner Duffy questioned staff if the city has an issue with an ultimatum? Barry LeBaron replied that not having an effect on this plat. Those will be issues that Mr. Cantrell and the Engineering Department will work out at the time of construction. Commissioner Taylor questioned Mr. Cantrell in regards to if he has someone he will be building this for or is this something that will be built on spec? Mr. Cantrell replied as a spec. Commissioner Byerly made motion to approve case P-05-040. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None Planning & Zoning Commission Minutes - October 10, 2005 Page 2.of 6 PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-027 - 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 At the request of the applicant, this item was not heard. 3. Case Z-05-028 - 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 Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff if there have been any other complaints other than the one received? Chris Fuller replied the one received prior to the rezoning request and the letters in opposition were post the rezoning request. Commissioner Dudziak questioned staff if there are any older complaints? Chris Fuller replied this is the first. Commissioner Byerly opened the public hearing at 7:35 p.m. Larry and Susan Austin, the applicant, came forward to answer any questions and provided documentation of neighbors who are not opposed to their request. Commissioner Duffy questioned the Austin's in regards to how much time do the horses' spend in the back and front yards? Mrs. Austin stated the horses go into their stalls at night and then are let out in the morning to eat in the back yard. We let them in the front yard in the afternoons to graze. Commissioner Duffy questioned the Austin's in regards to the letters received, the neighbors objected to the horses being in the front yard, and how many hours are the horses in the front yard? Mrs. Austin replied about 5 or 6 hours a day in the afternoon. Carol Mason, 504 Wagonwheel, spoke in opposition of the rezoning request. She stated a lot of their backyard is not usable because of it being on a cliff therefore it isnot large enough for livestock. Commissioner Bartkowski questioned Ms. Mason in regards to where she lives? Ms. Mason used the map provided to show her home, right next door. Commissioner Bartkowski questioned Ms. Mason in regards to what her complaint is? Ms. Mason stated the complaint being the lot is not large enough for two horses. She stated she would probably not have an issue if the horses were kept in the back yard only. She stated not liking the horses in the front yard; it does not enhance the property. Commissioner Duffy stated on the list of property owner's that were notified, her name did not appear. Did you receive notice of the meeting? Ms. Mason stated she did, the name on the notification is her husband, she chose not to use his last name. Commissioner Duffy questioned Ms. Mason in regards to would she be satisfied if the Planning & Zoning Commission Minutes - October 10, 2005 Page 3 of 6 horses were moved to the back yard? Ms. Mason replied yes. Don McAllister, 508 Wagonwheel, stated having concerns with the rezoning and having horses in the front yard. Commissioner Byerly questioned Mr. McAllister in regards to where is his home? Mr. McAllister stated two houses to the left on the north side. Commissioner Taylor questioned Mr. McAllister if he would object if there was a hedge out in front or is it just the fact that there are horses in front yard? Mr. McAllister replied not knowing how the hedges could be in the front yard; the horses should not be in the front yard. Commissioner Byerly questioned Mr. McAllister if his complaint is just the horses being in the front yard or would he be opposed to the horses in the back yard? Mr. McAllister replied not objecting to the horses in the back yard. Commissioner Dudziak questioned Mr. McAllister in regards to the zoning restrictions for his neighborhood that allowed for the fencing and the horses? Mr. McAllister stated only knowing, under no terms, would you enclose your front yard and the zoning being R20. Charles Sowell, 509 Wagonwheel Court, third house on the left, stated the fencing being popular in the neighborhood but not necessarily what was intended in the beginning. He stated not having issues with the horses. He stated having problems with rezoning to R40 for the future. The Austins have done a good job with the smell of the horses. There being no one wishing to speak, the public hearing was closed at 8:15 p.m. Commissioner Bartkowski questioned staff in regards to the building set back requirements for R20? Barry LeBaron replied the front is 30 feet. Commissioner Bartkowski stated the house sets back farther than the 30 feet and stated ample front space. He stated R40 is less dense a land use. Commissioner Byerly stated to staff every neighbor, directly around this house, objects to this request. However, the Austins would be allowed horses in R20 zoning with a Special Use Permit and special conditions can be placed in the Special Use Permit. Chris Fuller concurred. Commissioner Byerly questioned the Austins to what their feelings might be if this case were tabled for them to bring forth a Special Use Permit instead of rezoning? Mr. Austin replied their property being next to R40 and that is why they came forth with the request. Commissioner Taylor questioned Mr. Austin if he would have a problem with coming back and asking for a Special Use Permit if this case is tabled. Mrs. Austin stated there are rules in place for horses, cleaning and so forth. We keep our horses clean as well as the front pasture every day. Mr. Austin stated they want to comply with city requirements and this would protect any homeowner, if we sell, in the future. Personally, he stated not wanting to have to go thru this whole process again simply because some one does not like to see a horse grazing in the, so called, front yard. Planning & Zoning Commission Minutes - October 10, 2005 Page 4 0'6 With the size of our lot, we could put in four houses. We don't want to do that, we want R40 zoning to comply with the requirements to allow for horses. Commissioner Bartkowski concurred with Commissioner Byerly on the suggestion with the Special Use Permit. Commissioner Duffy stated the biggest objection is the fence in the front yard, but by moving the fence so that it could be adjacent to the R40 property, you would be on your property and the horses would be away from the street. Commissioner Duffy stated if the Austins were to come back and request the Special Use Permit, provisions would still have to be met to keep the horses out of the front yard and by moving the fence, they would be able to do so. Commissioner Byerly suggested to the Austins, for clarity, applying for keeping the R20 zoning with a Special Use Permit for the horses. The Austins concurred. City Attorney, Matthew Boyle suggested to Commissioner Byerly, for the applicant to make clear, they want the Commission to table this case so that they can bring forth an application for a Special Use Permit. The Austins agreed and asked the Commission to table their case so that they may bring forth the Special Use Permit application. Commissioner Dudziak made motion to table case Z-05-028. Commissioner McCormick seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commissioners in regards to the Joint City Council meeting to be held next week. COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 8:30 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: -------------------- Planning & Zoning Commission Minutes - October 10, 2005 Page 5 0(6 .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Subject: October 24, 2005 Prepared by: I Barry LeBar~m i Develo ment Director Z-05-027 - Zoning change from R40 Single Family Residential to CPO Professional Office with a Special Use Permit for a privately operated school on Lot 1, Block 3 of the Southgate Addition located at 909 Cheek Sparger Road Meeting Date: 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 CPO-Professional Office, with a Special Use Permit for a privately operated school. The property is located at 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. The CPO zoning district allows the use of the property for a privately operated school, provided that a Special Use Permit is authorized by the City Council. The rezoning of the property and the Special Use Permit may be considered and approved at the same time. The developer has submitted a zoning exhibit illustrating the area to be rezoned and included a proposed site plan, which shows the location of the future improvements to the property. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential Development. The list of permitted uses allowed by right in the CPO-Professional Office district is primarily limited to general office and an interior decorating shop. Other uses, such as a day care facility and privately operated schools are allowed with the approval of a Special Use Permit. An office use at this location is not consistent with the Future Land Use plan. However, from a land use perspective, school facilities are generally preferred in or near residential neighborhoods rather than a part of a commercial area. The use of this property for a school appears to be 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. Immediately east of this property, on the east side of Agenda Item No.1 - Page 1 Wayne Drive is an existing single family dwelling. Further to the east, along Cheek Sparger Road, is a day care facility and Tara Village, a shopping center with retail and office uses. Properties to the west are an existing veterinary office and two new office uses under construction at the intersection of Brown Trail. The properties to the south, along Wayne Drive, consist of single family residential homes. Properties to the north are part of the Saddlebrook residential subdivision. Maximum Lot Size. The maximum lot size in the CPO zoning district is one acre. The lot in question contains 1.68 acres. The applicant has requested a waiver of the maximum lot size requirement on the basis that the CPO district is more restrictive and compatible with the neighborhood concerns. The proposed Special Use Permit ordinance contains a provision to allow the proposed 1.68 acre lot size. Lot Coverage. The CPO zoning district restricts the maximum lot coverage to 40% of the lot area. The applicant has requested a waiver of the lot coverage requirement to allow a maximum of 60% lot coverage. The proposed Special Use Permit ordinance contains a provision to allow the proposed 60% lot coverage. Site Plan. The applicant has submitted a proposed concept site plan, which will be attached to proposed ordinance and used as a guide for the future development of the property. Building permit applications will be reviewed using the concept site plan as a guide. The Building Official will determine if any future building permit applications are generally consistent with the site plan prior to approving a building permit. Major changes to the site plan will require approval of a site plan amendment by the Planning and Zoning Commission and City Council using the same procedure as the original Special Use Permit application. Tree Preservation. The site plan shows the location of all existing trees, indicating which trees will be removed. The applicant states on the site plan that all trees removed will be mitigated. Drainage ways and Flood Plains. The site plan shows an existing 15-foot drainage and utility easement across the southern property line. According to the flood plain maps published by the Federal Emergency Management Administration, there are no 1 OO-year flood plains on this site or in the near vicinity. Internal Circulation. The site plan shows the location of the proposed sidewalks, driving lanes and parking areas. 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. Building Elevation Drawings. The applicant has provided a rendering of the proposed building, which is included in the agenda packet. Statement of Planning Objectives. The applicant has provided a statement of planning objectives, which includes a narrative description of the proposed development and a development schedule. Agenda Item No.1 - Page 2 Screening. The site plan shows an8-foot tall screening fence along the southern property line of this development. This requirement has also been inserted into the proposed ordinance. 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. The proposed school development will not generate sales tax revenues. Traffic Generation. No traffic impact study is required of this development, since the proposed new facility will accommodate in the relocation of the existing student enrollment and the existing teachers from the existing portable classrooms located on the adjacent main campus. The applicant has indicated that a traffic study will be completed as a function of the building permit application process. 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 six letters opposed to the rezoning request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: October 24, 2005 City Council: November 15 and December 6, 2005 RECOMMENDATION Approval ATTACHMENTS · Property Owner's Authorization Letter · Zoning Letter from Applicant · Zoning and Location Map · List of Property Owners Notified Agenda Item No.1 - Page 3 . Development Review Committee Memo · Applicant's Response · DRC Addendum . Applicant's Response to DRC Addendum · Site Plan · Building Elevation Drawings · Aerial Photo and Tree Coverage · Drainage and Flood Plain . Letters in Opposition to Rezoning Request · Draft ordinance Agenda Item No.1 - Page 4 Property Owner's Authorization Letter 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. Zoning Letter from Applicant Zonina Change Application - Supporting 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 seheel 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. Page 1 of 1 Barry LeBaron From: Pengelly, Art [ADPengelly@HaywardBaker.com] Sent: Friday, October 07,20059:45 AM To: Barry LeBaron Subject: Zoning Hearing (Z-05-027) 909 Cheek Sparger October 7, 2005 From: Art Pengelly To: Barry Lebaron Subject: Zoning Hearing (Z-05-027) 909 Cheek Sparger Please be advised that Covenant Christian Academy (CCA) is requesting that the above referenced zoning hearing which is currently scheduled for October 10th at 7:00 p.m. be differed. CCA is requesting that the hearing be differed so that we can prepare a Standard Use Permit (SUP) to accompany the application. CCA understands that the SUP will be required in order to use the property for a private school. CCA requests that the zoning submittal which has been provided to P&Z be reviewed in order to determine what necessary changes or additional material may be required for the SUP. When it has been determined what additional information is necessary for the SU P please let me know bye-mail or phone call (817)625-4241, ext. 103 so that we can prepare the SUP. Additionally, please let me know the next likely date for a hearing which will allow enough time for the SUP preparation and subsequent review. Thank you in advance for your assistance in this matter. Respectfully submitted, COVENANT CHRISTIAN ACADEMY Arthur Pengelly Trustee This e-mail (including any attachments to it) is intended solely for the use ofthe individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you properly received this e-mail, please note that it may contain confidential or privileged information. You should maintain its contents in confidence in order to preserve any privilege that may be available to protect confidentiality. 10/7/2005 Zoning and Location Map D NORTH AG CC1 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 Kelly, Deborah R 905 Inwood Lane Colleyville, TX 76034 Harris, Stephanya 907 Inwood Lane Colleyville, TX 76034 Winslow, Dwight R 3916 Wayne Drive Colleyville, TX 76034 Werst, Harry A 3808 Wayne Drive Colleyville, TX 76034 Laird, Jill 3815 Wayne Drive Colleyville, TX 76034 Presbyterian Church 715 Cheek Sparger Road Colleyville, TX 76034 Jones, Gregory G Etux Michelle 903 Inwood Lane Colleyville, TX 76034 Bell, Michael E Etux Ellen K 1001 Inwood Lane Colleyville, TX 76034 Goodin, Judy Etvir Phillippe Mergaux 909 Cheek Sparger Road Colleyville, TX 76034 Colleyville Covenant Christian Academy 715 Cheek Sparger Road Colleyville, TX 76034 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 CCI 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: I. 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 CCl 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, 817.488.6277, 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. 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 I 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, 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. · 13 full size copies of the zoning exhibit · I reduced, 8.5" x 11" 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 817.503.1054 if you have any questions. 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. Addendum to Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE DATE October 13, 2005 FAX TO EMAIL TO David Meadows/Alan Huckabee FROM Barry LeBaron, Development Director SUBJEC ADDENDUM TO Sept. 27, 2005 DRC Comments T The following comments are in addition to those provided to the applicant on the initial application submittal. The Following Comments Require a Response from the Applicant: 1. Provide a new rezoning application indicating your rezoning request to CPO- Professional Office with a Special Use Permit for a Private School. I have attached a copy of the application forms for your use. In your written response to this comment, provide a request for a waiver of the 1 acre maximum lot size with a justification as to why the waiver should be approved. 2. Provide building elevation drawings indicating general building height. 3. The site plan proposes removal of existing trees. Trees located within a street right- of-way, utility easement or under the building are exempt from replacement. Provide acknowledgement that the developer intends to replace non-exempt trees that exceed 3 caliper inches with new trees on an equal per-caliper inch basis. The revised public hearing schedule is as follows: PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, October 24, 2005, 7:00 p.m. Tuesday, November15 and December 6, 2005, 7:30 p.m. RESUBMITT AL REQUIREMENTS · 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 19, 2005, in order to be included in the agenda packet. Please contact me at lebaronbca>.cLcollewille.tx.us or 817.503.1052 if you have any questions. Applicant's Response to DRC Addendum October 18, 2005 City of Colleyville Community Development Department 100 Main Street Colleyville, TX 76034 Attn: Barry LeBaron, Development Director Re: Addendum to Sept. 27th, 2005 DRC Comments Dear Mr. LeBaron: I am in receipt of the comments from the Development Review Committee (DRC) dated October 13, 2005 concerning the proposed zoning change for 909 Cheek Sparger Drive, Colleyville, Texas. Our reply to the comments is as follows: 1. A new zoning application has been submitted requesting a CPO- Professional Office with a Special Use Permit (SUP) for a private school. We are requesting a waiver of the 1-acre maximum lot size under this zoning. The rational for the waiver is that a CPO zoning is more restrictive with regards to the type of structures or businesses which are allowed. We feel that given the likely concerns of neighbors regarding the rezoning request it is best to ask for a restrictive zoning which should alleviate their concerns despite the fact that a waiver will be required to accommodate the request for CPO. 2. GHLA has provided elevation drawings as requested. 3. Attached to this letter you will find a new submittal drawing which includes an acknowledgment that the developer will replace non-exempt trees per the request. I trust this information fully addresses your need for response at this time. Should you have further questions or need additional response, please call me at (817)437-2817. I look forward to hearing from you. ~"[i:OO~ . QJ:tTT 11 ~ mm5 [Per....u..u....,] j Site Plan "0 , - (J)-nN C::OO -oOZ -nS:Z o -Gl ::o1ln -o.j>.I ~q:P- <-lZ :p-OGl -l .m mn::o (J)'"Om nQo I - o c o rn r -l (j') ::j m -0 ~ Z ,- Cl -j I'J N I ....Jo,. L ~./_______ ~ OOlJ oc :r:9- 00 o r r:l}':'" --1 , I 1- I I~ I ,t I~ , , I), ~ : . I / I , t ;000;0 m'Z.l. f!!G)o Or mm ~jl )>;:: r- !:( ~<\s ;000;0 ~~~ Or mm Z." :j)> )>;:: r- !:( N o z z G) Qo (f) C ""U m >< I ro -f n ~ en ~ o en 9~~!& ~;i;n ~~~! ~g!;~ 8':1;;;: t~gg o <~ ~ ~~ ~ ~~~~ 50"10 :<Z'CD -,..,~-< :;;,~~ ,-"oe. ~;;;d ~g~:t e;l;l~. ~~m ~g ~ "1J ;0 o "1J m ;0 -I -< o ~ z m ;0 en ~~~ 08 ~~~ ; III ~:; ~~ ~~ ~~ U o ~~ "~ ~ p- om ~2~ ""';::;:lj;: g~~ ~~~ ~;! R~m ~mo ~;s ='~~ ifi,::>8 o~< it! ~8g ~: u. _ :~ ~~ 2~ ~j! i~ !;-:::: 6~ ~~ ~i o. ~:= D~ <0 ;~ ~~ Ii n;! ~~ 0 . . o S i R ~~ :'i~ ~&~~ :t-;..",,-,, ~~~; i!f "">.., Ei~ ~ " '" :q C i I; ~ ~ i'i ~ ~ ~ ~ 0 < ~ [ a c D < ~ ~~~; ~~~~ c.... rn \D"_ ;~~~ ii~'- ~ I ~ ~ '" } 2 ~ ~ ~ ~ " . . r r ~ ~ ~ i D . " '" < ~ II =1 I!. ~I('~.I ~ ,h"'~C','1l~ ~ ;!i ~~fto :!; 1,".""(." ~ ~~i~~~ COVENANT CHRISTIAN ACADEMY ZONING 901 CHEEK SPARGER RD COLLEYVILLE, TEXAS EXHIBIT -I z @~ !::<;!! ~E ." Mm !Ii (..'g~ ~~ 00 :~ i!i. ~2 v',. ~g ~~ :~ ~~ n !~ ~ ~8 ~~ ~:: gg ~o $:~ z 3~ ~~ ~ ,~, ~ 'a _" ~~ ,,-,0 Z G) m z m $! r Z o -I m en I I I ___._~J I I i I j Q " S ~ !l . Z@~ :i ~ < ~ ~ (") :I: m m ^ C/J ~ Al " m Al Al o /5 ;uOO"1l g:za a~J. mm Z." ~~ r- !:( 'i:S (') " 0 Z (') m ~ U!! ~ ~ <5 z . ::; o z ~ ~ :t> "1J ARCHITECTURE PLANNINC INTERIOR DESIGI\ 1300 WEST RANDOl. "*'Ll ROAO.NllIHGTON. TExAS 7liOl: 817.1101.1200 _.""".inc.GOt Building Elevation DrawinQs UJ o z ~ I- Z UJ o UJ a:: UJ 6 o z o !< > W ...J W I- W W 0:: I- en l- n. w () z o () >- :E w C <C<.9 oz <C5 Z....J <c ::J en - CO ~ I- ::E ~- UJ 0 ~ - ...J a:: 0 ~ J: 0:: ~ o (/)5 (/)0 1-<( Z....J <CO Z w > o o III City of Colleyville Page 1 of 1 Aerial Photo and Tree Coverage City of Colleyville <6100 Main Street Colleyville, TX 76034 10/13/2005 City of Colleyville l'~".", DISCLAIMER N This data has been compiled for the City of t Colleyville. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accurac of said data. http://maps.ci.colleyville. tX. us/print.asp?Extentleft=2381417 .89084 732&ExtentRight=23... 10/1312005 -~-- -' Drainage and Flood Plain C o '00 y"'. +-1"..>> PI.,~ I'll..., ~ ;lEST JRT ZONE X 3 o o <l: :I: Ul '" c:: o >- RODEO ;} ;! >- ill .....J I Ul <l: -, Q. ~ ~el< S e'" ZONE X ~ z o ~ o o o 3 u.J c:: u.J ~ o o z 3 z o ~ u.J :I: 3 BRIARHAVEN I LCITY OF COLLEYVILLE - I CITY OF BEDFORD BROOKSHIRE J BRESTOL J Letters in Opposition to Rezoning Request Dear Amy Shelley; Please confer my complete objection to the change of zoning in case number Z-OS-027, a R40 lot to commercial, as it would set a bad city wide example. Also I can not understand how it is in anyone's best interest to propose that the entrance of a two story private school be located across a narrow lane from multi acre homesteads that support livestock. Respectfully: 4!tUfJ,l(/~ Dwight R. Winslow 3916 Wayne Dr. :~~ ttfCTT It 4t_ I'H' 1. r............. ............. Page 1 of 1 Amy Shelley From: mister winslow (victorycaststone@yahoo.com) Sent: Thursday, October 06,20053:17 PM To: Amy Shelley Subject: case number: Z-05-027 Dear commissioners: In regards to case Z-05-027 I would like to voice my objection to the said zoning change. I feel that insufficient information as to the nature and scope of the applicant's building plans has been made public. This change will unduly place traffic, noise, and trash hardships on an R-40 deed restricted neighborhood. Wayne Drive has no curb, and as such, unable to support the commercial traffic that comes with CC 1. Further this application represents a change to the city's approved master use plan. may it also be noted that Colleyville Christan Academy aka, Covenant Christan Academy, is out of compliance with many of the points of the PUD-C that it now operates under. The approved PUD-C clearly sates the location, elevation, scope, and timing of the construction of a permanent lower school structure. There is sufficient available property for sale to the west of their campus if they would like to update their PUD-C. Respectfully; Mr. Winslow 3916 Wayne Dr., Colleyville Yahoo! for Good Click here to donate to the Hurricane Katrina relief effort. Dear Deborah Kelly, October4,2005 We understand that you own property within 200 feet of 909 Cheek Sparger, a residential lot and home in the Southgate Addition of Colleyville. The owners of this property are trying to get the zoning changed so they can sell to the private school next door, for school expansion. Colleyville laws do not allow private schools within residential neighborhoods, and rightfully so. The noise, confusion, traffic, litter, etc, does not create a good neighbor relationship. However, since the school already owned the 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 promisec;l that the school would never grow to over 750 students and the property was ample. Now, 6 years later, the school is tlying to break. up our deed restricted neighborhood. They have canvassed our neighborhood, spreading rumors. talking purchase prices, and saying it's OIily a matter of time when they have the P&Z and City Council seeing things 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. We are asking for your support in denying the 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 Tarrant Appraisal District. The property is situated in one of the last R-40 (one acre) neighborhoods in Colleyville. The neighborhood is protected by deed restrictions of single family dwellings and only one lot in the addition may be split in two. Livestock is allowed. 2. Our 2 block neighborhood bas been here since the '60s, with several original owners still residing here. Evetyone bought or built their places as their permanent home. except the property in question. 3. Let's nip this attempt at encroaching on our rights as citizens. and deny this requeSt for zoning change. Msny~t.W Helen and Allan Werst Colleyville Deed Restrictions Roy A. Priess to The Public BLOCK 2 and 3 SOUTIIGAlE ADnmON to Colleyville, Tarrant County, Texas Dated March 15. 1967 Filed March 21, 1967 Recorded in Vohone 38842, pg 69 Plat Records Tarmnt County. Texas October 3,2005 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Attention: Amy Shelley Dear Am)) 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. ~W;X_(J~ ~Emme~ 3716 Wayne Drive Colleyville, Texas 76034 R.ECE~ lOOT (j) 5) mum ,Per ..."............J Amy Shelley _.__.__.________.___._._ __._ ~_._.. __n.,_._ _"______ ._____....__~.._______."._.__._~_..._... ---~. From: Allan Werst [bestwerst@sbcglobal.net] Sent: Monday, October 03,20054:32 PM To: Amy Shelley Cc: bestwerst@sbcglobal.net Subject: More information on Case # Z-05-027 To: The Colleyville 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!<.~W erst@sbcglobal.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 10/1/?OO'\ LARRY K. HENRY September 30, 2005 PLANNING AND ZONING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVIUE. TEXAS 76034 CASE Z -05-027 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 AGAINEST 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 ABIUTY FOR RETAIL OR OTHER COMMERICALlZATION. 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. W ASK THE CITY ASSURE THE RIGHTS OF OUR HOMEOWNERS ARE PROJECTED. LAR~RY PRESIDENT SADDLEBROOK HO EOWNER'S ASSOCIATION Draft Ordinance 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 CPO PROFESSIONAL OFFICE; AND AUTHORIZING A SPECIAL USE PERMIT FOR A PRIVATELY OPERATED SCHOOL; 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 Ordinance 0-05-XXXX Page 2 of 4 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. 1. Sec. 2. Sec. 3. Sec. 4. 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 on Lot 1, Block 3, Southgate Addition, from the R40 Single Family Residential district to the CPO-Professional Office district and authorizing a Special Use Permit for a privately operated school, as depicted in the attached Exhibit "A", subject to the following conditions: a. Site Plan - Development of the site and building permits issued for buildings shall be generally consistent with the site plan attached as Exhibit "B", which shall be considered a concept site plan. The Building Official may allow minor modifications to the arrangement of buildings and other improvements. Major modifications to the site plan shall require approval of an amended site plan by the Planning and Zoning Commission and City Council. b. Building Elevation Drawings - Approval of a building permit for the primary structure in this development shall be generally consistent with the concept rendering of the building shown on the attached Exhibit "C:". c. Screening - There shall be an eight foot tall solid screening fence along the southern boundary of this property as shown on the site plan, attached as Exhibit "A". d. Other - This development shall conform to all other requirements of the CPO-Professional Office district, where applicable, except where a specific provision is provided in this ordinance. 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 Sec. 5. Sec. 6. Sec. 7. Ordinance 0-05-XXXX Page 3 of 4 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. 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 Ordinance 0-05-XXXX Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT" A" - ZONING MAP Exhibit "8" - Concept Site Plan I ~'L__hh_~ \;bJ ) ': r--- ---------.-- --1------ I~ 10 1 - - ;;r----- r~ Ul =i m " ~ Z I (1 .:::j ;llCI>;II ffi~~ Or- mm Z" =!> )>;:: r-- r- -< 1'.-..) . -, .. , ;;! o. ;llCI>:O ffi~c\'; Or- mm Z" ;:j> >;:: r- - r- -< ---I n :r m m ^ (J) ~ " G'l m " " ~ ;llCI>"ll m-c: (JlZc. -G'l-!' Or- mm Z" i!~ r- - ':( ~s () :l'.O Z () m " -i m r ~ 5 z (J) '"Tl N N ! ~ -0 ~ 0 - G) I :::; 000'0 I C ;:0 0 ~., C"l C) C> v; ;;0 ~F m 0 ;0;0;0;:0 ;;0 >. ~~~~ !" Ie I () "'U 0 z ~~~B. m ~ 0 ~'i.' ~ Z _.___'":".:t s:: I ~ ~ Z '"Tl Z Z ;>:>;nc ::::; ~ !""~;~~ -0 5>;2 0 m I z" 0 ,j (i) ~~i~ ~ ~~~i m ~ ~ ~ i ::j ;:0 (j) ~ .j,. () Z ~ :;; g,~ I -< 0" -l I "U :r: 2~2 "":uI';'" ~ 'fg r ;:0 q G) ~ l~~i ,.. z i s:: )> -< 0 ~ ~U '" ~ < Z ~ -l Z ~ en 0 ~z ~; 0 0 (i) m !~ ~ -0 0 -i 0 m -l :;E -l , m (J) 0 ;0 ~, z m ~ (J) "U ;:0 Z ~ ,~ <~ ~~ (j) ~@~ m C > r z 00 () q 0 (j) m F ~~ ~ ~ :r: -0 'j ~~~ >. ;;0 0 ~ ::?;; C < ,,0 0 (j) < ~ m m 0 ~ z ;2~ 0 (J) ",,!-""'-p: 0 r -l >< ."''''~Vl ~~ ~_.P-I- ...",0'-./ - :c '", rn <0'_ ~ ~ ~ ~~ VI g: m < ii~': m OJ ;0 ---4 ~ ~ " ~ ~ ~ N If<! :2100 P . . a ~_. .............._. 'r"">_ Exhibit "C" - Concept Building Elevation Drawing ! I "" i .~ t& .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Meeting Date: October 24,2005 Prepared by: i Subject: Barry LeBaron Develo ment Director Z-05-029 - Request for a zoning change from AG Agricultural to R40 Single Family Residential on Lot 1, Block 1 of the Newgren Addition located at 200 John McCain Road STAFF REVIEW COMMENTS Dennis Newgren has submitted a request to change the zoning of 4.54-acres, located at 200 John McCain Road, from AG Agricultural to R40 Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The property is located on the north side of John McCain Road, west of Westcoat Drive. The property is platted as Lot 1, Block 1 of the Newgren Addition. The owner has indicated that the purpose of the rezoning request is to subdivide the property, which will require approval of a subdivision replat at a later date, upon approval of the rezoning request. The R40 zoning district requires a minimum lot area of 40,000 square feet. The property contains 4.5 acres of land, which exceeds the minimum requirements of the R40 zoning district. The developer has submitted a conceptual layout of the property showing a potential lot configuration. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R40 zoning district. However, the property only has 226 feet of frontage on John McCain Road, which is not sufficient to allow two lots that satisfy the 150 foot minimum lot frontage of the R40 district. Approval of the rezoning request does not constitute approval of the proposed lot layout. The developer is requesting a waiver of the lot frontage requirement. The surrounding properties are primarily single family residential in nature. Properties to the south (Westmont Addition) and east (Monticello Addition) are zoned PUD-R and are currently used for single family residences. Properties to the north and west are zoned AG and are currently used for single family residences. Properties to the northwest are zoned R40, and consist of single family residences. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This request appears to be consistent with the following goals and objectives of the Master Plan.: Agenda Item No.2 - Page 1 · Continue development of luxury residential areas while maintaining the "country fee/" along major collector streets · 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 Development Trends. The development trends in this area primarily focus on single family development. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The maximum residential density for the R40 zoning district is 1.25 dwelling units per acre. The applicant's proposed density is in compliance with the Master Plan. Lot Sizes & Widths. The R40 standards allow for a minimum lot size of 40,000 square feet. The property contains 4.5 acres, which meets the requirements of the R40 district. However, the applicant proposes to create two single family lots and a two lot plat will not meet the lot frontage requirements of the R40 zoning district. As proposed by the applicant, one of the proposed lots is classified as a "flag lot" and approval of a subsequent plat of the property will require approval of a waiver of this regulation at time of platting. The developer is requesting a waiver of the flag lot provision as the proposed lot layout is the only feasible option without rezoning to R20. 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. Perimeter Street Improvement Requirements. As proposed by the applicant, perimeter street improvements may not be required for the lot currently containing an existing residential structure. The Land Development Code provides for an exemption for the lot containing an existing residence in a one and two lot subdivision. Perimeter street improvements will be required for the newly created lot, as a function of platting the property. Flood Plain. A large portion of the property is situated within the 100-year flood plain. As proposed by the developer the newly created lot will have a developable area for future improvements on the lot that will be located out of the flood plain. The proposed lot where the existing residence is located does not have a developable area outside of the flood plain. Issues associated with flood plain improvement are addressed at time of platting. However, the applicant has been made aware of the flood plain issues associated with this property. Property Taxes. According to information available from the Tarrant Appraisal District, the 4.54-acre parcel is valued at $286,990. The estimated City property tax revenue for the undeveloped property is approximately $996 annually. The future property tax revenue would depend upon the value of the individual lots and the value of the Agenda Item No.2 - Page 2 improvements built on the lot. 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. Public Notification. Staff mailed notices to 18 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: October 24,2005 City Council: November 15 and December 6, 2005 RECOMMENDATION Staff recommends approval of the rezoning request. 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Inc. 1800 Preston Park Blvd. Ste. 101 Plana, TX 75093 Haile, Samuel W Etux Lisa B 7204 Monticello Pkwy. Colleyville, TX 76034 Alaniz, Edward Etux San Juanit 7200 Monticello Pkwy Colleyville, TX 76034 Hightower, Roxanne S 104 John McCain Rd Colleyville, TX 76034 Nykiel, Stephen W Etux Pamela 205 Colden Ct. Colleyville, TX 76034 Draper, James Etux Elizabeth 7212 John McCain Rd. Colleyville, TX 76034 List of Property Owners Notified Holt, Dale M Etux Roxanne G 116 John McCain Rd. Colleyville, TX 76034 Draper, James T Jr Etux Carol 7300 John McCain Rd. Colleyville, TX 76034 Sahihi, Mason Etux Parivash 7202 Monticello Pkwy. Colleyville, TX 76034 Heston, Ronald C Etux Jennifer 7102 Monticello Pkwy. Colleyville, TX 76034 Nykiel, Stephen W Etux Pamela 206 Colden Ct. Colleyville, TX 76034 Draper, James Etux Elizabeth 7404 Belle Meade Dr. Colleyville, TX 76034 Campbell, Laura B Etvir Gerald 7100 Monticello Pkwy. Colleyville, TX 76034 Newgren, Dennis Etux Elizabeth, applicant 200 John McCain Rd. Colleyville, TX 76034 Goodacre Ltd. Prtnshp. 8222 Douglas Ave. Ste. 605 Dallas, TX 75225 Draper, James T Jr Etux Carol 511 Waxwood Dr. Brentwood, TN 37027 Coleman, Josh 0 & Christina M 7204 John McCain Rd. Colleyville, TX 76034 Neff, T Brent Etux Lacretia J 204 John McCain Rd. Colleyville, TX 76034 Development Review Committee Letter CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM October 10, 2005 Jason Rawlings 817.282.0401 Chris Fuller, Development Coordinator SUBJECT Z-05-029 - AG to R40 - Newgren Addition 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. The R40 zoning district requires ISO-feet of frontage. The overall property meets this requirement, however, if the intent of the rezoning is to subdivide the property then lot frontage is insufficient to subdivide into two R40 lots. The R20 zoning district, with a 100- foot lot width requirement, would accommodate subdivision of the property. 2. Add the following to Note 1, "per City ofColleyville Code of Ordinances, Section 50-52." 3. Revise the side yard setbacks to state 16- feet Drainage and Utility Easements. 4. If the intent of the zoning request is to subdivide the property into two lots, it appears that a flag lot will be created. The Land Development Code does not permit the creation of residential flag lots. 5. If the intent of the zoning request is to subdivide the property into two lots, Lot lR will not have a buildable area due to the 100 year flood plain. 6. If the zoning request is to subdivide the property into two lots, staff will recommend denial of the plat as shown due to non-compliance with the Land Development Code. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, October 24,2005, 7:00 p.m. Tuesday, November 15 and December 6, 2005, 7:30 p.m. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-oS-o29 NEWGREN ADDmoN AG - R40 RESUBMIIT 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. · 10 full size copies of the zoning exhibit and I reduced (8.5 x 11) copy of the zoning exhibit. The above requested items must be submitted no later than noon on Wednesday, October 19, 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.collevville.tx.us or 817.503.1054 if you have any questions. PAGE20F2 ...PPIlt;cUIL ~ ~t:~pUII::>>t: Lt:U~1 Moa , s, Inc. David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Ricky L. Gentry, R.P.L.S. Jason B. Rawlings, R.P.L.S. Texas . New Mexico . Arizona . Nevada . Topography . Forensic Surveys . Land Title Surveys . Any Size Boundary . Construction Layout . Platting/Land Planning October 18,2005 Mr. Chris Fuller City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Newgren Addition Zoning Case (Z-05-029) Dear Chris: On behalf of Mr. Dennis Newgren (applicant), this letter is to inform you that I have made the following considerations and revisions to the above referenced zoning case as you requested: 1) A variance/waiver will be requested for the frontage requirement. 2) The ordinance statement has been added to note 1. 3) The side yards have been modified to reflect 16 foot (16') drainage and utility easements. 4) Due to the unique configuration of this property, applicant will request a variance/waiver for the flag lot disallowance in order to allow for the selling of the westerly lot. 5) If zoning is approved, applicant will make necessary provisions, including engineering, to allow for the buildability of Lot 1R during the platting process. The remainder of the 100 year flood plain has be added on the west side per Mr. Woods' request. 6) Applicant will ask Planning and Zoning to consider approving the subsequent plat as the configuration he is requesting is the only feasible option without re-zoning to R20. Mr. Newgren hopes the Staff and Commission will use their discretion in his endeavor. The waivers he is requesting are merely for the purpose of maintaining the easterly lot as an existing residence which has pre-existing access while creating a fully conforming lot to the west, and are not meant to deviate from Colleyville's best interest simply for the most profitable monetary gain. Please contact me if you have any questions or comments and Mr. Newgren and myself look forward to the meeting Monday night. Sincerely, 9-IJ.~. Jason B. Rawlings, R.P.L.S. jbr@moaksurveyors.com 1105 Cheek Sparger Road. Colleyville, Texas 76034-4152. www.moaksurveyors.com . Metro (817) 268-2211 . Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying & Mapping Draft Ordinance 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 4.54 ACRES LOCATED AT 200 JOHN McCAIN ROAD AT LOT 1, BLOCK 1 OF THE NEWGREN ADDITION, FROM THE AG-AGRICUL TURAL DISTRICT TO THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Dennis Newgren on September 30, 2005, under Case No. Z-05-029; 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 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. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural district to the R40 Single Family Residential district on Lot 1, Block 1, Newgren Addition, as depicted on the attached Exhibit "A" and as described in the 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. 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 ,_...._, _W,"."._~.~~"._~.,'"_"u~,._.,__,.."._,_"~___..____".."'-"._".~,~~---,.,-~_.- EXHIBIT A - ZONING MAP 304 EXHIBIT B - METES AND BOUNDS DESCRIPTION FIELD NOTE DESCRIPTION ALL that certain tract or parcel ofland situated in the WH.LIAM E. CROOK SURVEY, ABSTRACT NO. 295, in the City of CoUeyviUe, Tarrant County, Texas and being Lot 1, Block 1, Newgren Addition, an Addition to the City of ColleyviUe, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the southwest comer of said Lot I, said rod being in the northerly right-of-way line of John McCain Road (County Road No. 3006); THENCE North 00 degrees 13 minutes 03 seconds East with the westerly boundary line of said Lot 1 (the basis of bearings of the herein described tract) a distance of 598.58 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the northwest comer thereof; THENCE South 87 degrees 20 minutes 45 seconds East with the northerly boundary line of said Lot a distance of 399.04 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the northeast comer thereof, said rod being in the westerly boundary line of Block 2, Monticello Addition. an Addition to the City ofColleyville, Tarrant County, Texas according to the plat recorded in Volume 388-209, Page 12, Plat Records, Tarrant County, Texas; THENCE South 00 degrees 04 minutes 35 seconds with the easterly boundary line if said Lot I and the westerly boundary line of said Block 2 a distance of 363.95 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found fOl' an angle point of said Lot I, said rod being the northeast corner of that same tract of land descn"bed in deed to Brent Neff and wife, Lacretia Neff as recorded in Volume 13089, Page 215, Deed Records, Tarrant County, Texas; THENCE North 87 degrees 20 minutes 05 seconds West with the southerly boundary line of said Lot I and with the northerly boundary line of said Neff tract a distance of 175.08 feet to a 5/8 inch steel rod found for an inner oorner of said Lot I, said rod being the northwest comer of said NefftIact; THENCE South 00 degrees 08 minutes 27 seconds East with the easterly boundary line of said Lot I and the westerly boundary line of said Neff tract a distance of 234.42 feet , to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for the southeast comer of said Lot.l, said rod being in said northerly right-of-way line; THENCE North 87 degrees 26 minutes 07 seconds West with the southerly boundary line of said Lot I and with said northerly right-of-way line a distance of 226.31 feet to the PLACE OF BEGINNING and containing 4.5476 acres of land. more or less. .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Subject: October 24, 2005 Prepared by: I Barry LeBaron ! Develo ment Director I G-05-012 -Amendment to Chapter 14 - Engineering Desig i Standards of the Land Development Code regarding I detention/retention ponds i Meeting Date: STAFF REVIEW COMMENTS Within Colleyville, there have been a significant number of subdivisions developed in the past that have utilized detention ponds to facilitate drainage flows associated with the development. Often times, a detention pond becomes an important amenity for a development by improving the appearance and aesthetics of the subdivision, such as when the detention pond contains an attractive fountain feature. An additional advantage of a fountain feature is its ability to prevent oxygen depletion of the water, a major contributor for foul odors and ugly vegetation growth on the pond's surface. Code Enforcement Department staff and Engineering Department staff frequently receive complaints from citizens living near a foul smelling detention pond. Citizen complaints are also received regarding mosquito problems during summer droughts which promote stagnant waters in detention ponds that do not have any mechanism to replenish the water supply or to keep the water moving. Staff is proposing an amendment to Chapter 14 of the Land Development Code to require all new retention ponds constructed in the future are to provide for continuous water movement, aeration facilities or other process approved by the City that is designed to prevent surface accumulation of aquatic vegetation. Attached is a copy of Chapter 14 showing the proposed changes to the regulation. Also attached is a copy of the proposed ordinance for your consideration. The City Council discussed this item at the October 18, 2005 Pre Meeting and requested the input and comment on the proposed new regulation from the Planning and Zoning Commission. A public hearing on the proposed change is not required by state law or Colleyville ordinance. However, staff recommends a public hearing to allow input from the public. Recommendation Approval Attachments · Current Regulations Showing Proposed Changes (Exhibit "A") · Draft Ordinance Agenda Item No.3 - Page 1 Public Hearinq Schedule Planning & Zoning Commission: October 24, 2005 City Council: November 15 and December 6, 2005 Agenda Item No.3 - Page 2 Exhibit "A". Section 14-170 Drainage and Storm Sewer Improvements A. General - This section pertains to general design requirements for drainage and storm sewer construction in the City of Colleyville. All drainage facilities shall be sized and designed in accordance with the City of Colleyville Drainage Master Plan or as determined by the Director of Public Works. B. Runoff Calculations - The selection of which method to use for calculating runoff depends upon the size of the contributing drainage area at the most downstream point of the project. The "Rational Method" is acceptable for designing projects in which the drainage area is less than one-hundred (100) acres. A unit hydrograph method is required for projects with larger drainage areas. 1, No matter which method is used to calculate runoff, a developer or builder of residential property greater than one (1) acre in size, or any property that was platted as a part of an overall tract which was greater than one (1) acre in size (including churches and schools), shall develop the property so that the rate of runoff created by the development as it leaves the property does not exceed the rate of runoff that is currently occurring in the existing conditions, A developer or builder of commercial property greater than one-half (1f2) acre must follow the above guidelines, 2. Runoff computations shall be based upon fully developed watershed conditions in accordance with the land use projections in the latest comprehensive land use plan for the City of COlleyville, The design engineer shall size drainage facilities by disregarding the detention effects of upstream property and calculating the runoff as if the off-site property was developed without any detention. If an approved regional detentionlretention facility is in operation, the design engineer may size downstream drainage facilities based on consideration of the detention effects of the regional facility, C, Drainaoe Areas Less Than one-hundred acres 1. Computation of Storm water Runoff for drainage areas less than one-hundred (100) acres shall be by the "Rational Method," which is based on the principle that the maximum rate of runoff from a given drainage area for an assumed rainfall intensity occurs when all parts of the area are contributing to the flow at the point of discharge. 2. Time of concentration is the longest time, without interruption of flow by detention devices that a drop of water takes to flow from the farthest point of the drainage area to the point of concentration (Le, the point of design). The time of concentration is composed of the inlet time and the flow time in a conduit or channel to the point of design, ., . rf~;:~~,;~~~~~{~f:~~~~p:l i left: (No border), Right: (No border), j l Pattern: Clear '<I Formatted: Font color: Auto J j Formatted: Normal, Border: Top: I : (No border), Bottom: (No border), : left: (No border), Right: (No border), : Pattern: Clear ! ,-...........-................ ..................-.............._.... ...............J The inlet time shall be 10 minutes for property zoned multiple family, churches, schools, local business, central business, commercial, or industrial. An inlet time of 15 minutes shall be used for property zoned for parks, cemeteries, agricultural, and single family residential. When designing inlets and laterals, the time of concentration is equal to the inlet time, The design engineer will compare the above specified inlet times to the actual calculated inlet time by computing the flow time overland and along the gutter to the first inlet. Manning's Equation shall be used to determine flow time to the inlet. The design engineer may use the actual calculated or specified inlet time. In no case shall a longer inlet time be used than 10 minutes for multiple family, commercial, churches, schools, industrial and business areas and 15 minutes for parks, cemeteries, agricultural, and single-family areas. D. Drainaae Areas of one-hundred (100) acres or More 1. For drainage areas of one-hundred (100) acres or more where the use of the "Rational Method" does not provide reliable results, the use of a unit hydrograph method shall be made. The use of a unit hydrograph calculation will be based upon standard and accepted engineering principles subject to the approval of the Director of Public Works. Acceptable methods include the Soil Conservation Service (SCS) Technical Release Number 55 or the Corps of Engineers HEC-1 models for drainage areas one-hundred (100) acres or more. 2. The unit hydrograph method shall be based upon fully developed watershed conditions assuming no effects from the small on-site detention facilities for maintaining the rate of runoff as if the property was undeveloped. The detention effects of large regional detention facilities can be taken into account in unit hydrograph methods. 3, Circumstances that may require the use of a unit hydrograph method include sizing open channels, reclaiming floodplains, creating lakes, or building other types of drainage-related facilities on major drainage courses. Design engineers of these types of facilities should be aware that the requirement of designing for fully developed watershed conditions will mean that they will have to calculate these fully developed flows instead of using the flows calculated in the Federal Emergency Management Agency's (FEMA) flood insurance studies for Colleyville or Tarrant County or from studies performed for or approved by the City of Colleyville. E. Desian Storm Freauencies -All developments submitted must provide data for the following design storm frequencies: 2- Year / 5- Year /10- Year /25- Year / 50-Year /1 00- Year. 1. Drainage facilities shall be designed in accordance with the following table: Closed Storm Sewer Systems I 5-year with 1 DO-year positive overflow in streets i such that the depth of flow in the street does not i exceed the right-of-way or drainage easement -..-.--.-.-.--'__.___._..._____'__'_____.____-!_~iI.~...:.,__.____.._____________.__________.____.__ Closed Storm Sewer Systems i 1 DO-year with positive overflow and Inlets at Street Low Point i ._.ll.~_<l.9.____...._..._._____..._.___..________._J..____,_________.______________..__..__._..__.______...._._.________.._. _f.~ert~_ll!1_<!~ri~.9.El.~_______.L~..Cl:ll!~_____________________________________ _c:oncrete-lineE Cha'!'!.~_~.Q:~l!~_____________________.________ Earthen Channels 100- ear 2. The approved drainage system shall provide for positive overflow at all low points and these areas must be denoted on the plans as such. The term "positive overflow" means that when the inlets do not function properly or when the design capacity of the conduit is exceeded, the excess flow can be conveyed overland along a grassed or paved course. Normally, this would mean along a street or alley, or shall require the dedications of special drainage easements on private property. F. Street and Alley Capacity 1. Streets - Streets and storm drains within new developments shall be designed so that storm water runoff resulting from a design storm of a one-hundred (100) year frequency is contained within the available right-of-way and/or drainage easement. The capacity of the street and right-of-way and/or easement and the storm sewer pipe working in combination must be designed for a capacity to safely contain a storm water from a design storm of one-hundred (100) year frequency. 2. Alleys - The flows created by the one-hundred (100) year storm shall be contained within the capacity of all paved alleys. G. Inlet Placement and Capacity - The storm sewer system is to begin at the point where the storm water from a five (5) year frequency storm reaches curb depth, with the exception of collector streets on which storm sewer facilities must be designed to prevent one-twelve (12') foot wide lane from ponding and on major streets on which storm sewer facilities must be designed to prevent one-twelve (12') foot wide lane in each direction from ponding. At such point where the combined capacity of the street and storm drain system satisfies the five (5) year street capacity criteria (as previously described) but the one-hundred (100) year frequency storm runoff can not be contained within the right-of-way additional pick-up points (inlet capacity) shall be provided along with an increase in storm sewer capacity so that the one-hundred (100) year frequency storm runoff will be contained within the right-of-way, 1. Inlets shall be placed upstream from an intersection whenever possible. At any intersection, only one street shall be crossed with surface drainage and this street shall be the lower classified street. When an alley intersects a street, inlets shall be placed in the alley whenever flow down that alley would cause the capacity of the intersecting street to be exceeded. 2, The minimum inlet size shall be ten (10') feet. No more than twenty (20') feet of inlet shall be placed along one gutter at any given location. Minimum sizes of laterals shall be twenty-one (21") inches for use with ten (10') foot inlets, and twenty-four (24") inch laterals with fourteen (14') foot, twenty (20') foot inlets, and drop inlets. Where laterals tie into trunk lines, place the laterals on a minimum angle forty-five (450) degrees and a maximum angle of sixty (600) degrees with the trunk line and connect them so that the longitudinal centers intersect. 3. Manholes are required every three hundred feet (300'). Junction boxes are required at every change in flow line direction, change in pipe size, and where a convergence of more than two pipes occurs, Manholes are to be five feet (5') square and can be precast or cast in place, H. Pipe Desion Standards 1. Storm sewer conduit shall be sized to flow full. Manning's Equation shall be used to determine the conduit size. 2. Design Velocities a, Minimum - two and a half feet (2.5') per second. b. Maximum - twelve feet (12') per second. c. The maximum discharge velocities in the pipe shall also not exceed the permitted velocity of the receiving channel or conduit at the outfall to prevent erosive conditions. The maximum outfall velocity of a conduit in partial flow shall be computed for partial depth and shall not exceed the maximum permissible velocity of the receiving channel unless controlled by an appropriate energy dissipater (e,g, stilling basins, impact basins, riprap protection). 3. In general, storm water shall be carried in concrete pipe conduit within the right-of-way but other types of conduit can be used to carry stormwater in areas other than the right-of-way. However, prior permission to use other conduit materials must be obtained from the Director of Public Works. 4. Hydraulic Gradient (also refer to the Ft. Worth Drainage Manual) a. Conduits must be sized, and slopes must be set, such that runoff flows smoothly down the drainage system. To insure this smooth passage, the hydraulic gradient must be at the proper elevations, The hydraulic grade line shall be established and shown on the plans for all storm sewer design. b, The hydraulic grade line shall in no case be closer to the surface of the ground or street than one foot (1 '). The HGL must not exceed the neck into the inlet. c. Hydraulic gradient calculations shall account for all head losses that may occur in the storm sewer line. Friction head loss shall be determined by direct application of Manning's Equation. Minor losses due to turbulence at structures shall be determined using Appendix A of this section, 5, Inspection I Testing a, The compaction of backfill shall meet or exceed 95% Standard Proctor density, b. All storm sewer conduits shall be inspected prior to acceptance by the City. All conduit forty-two inch (42") or less shall be inspected using television inspection. Conduits larger than forty-two inch (42") may be inspected visually. c. A City representative shall be present during the television inspection. d. Televised Inspection Criteria (1) All television equipment used shall have a minimum of two-hundred-twenty (220) lines of horizontal resolution. The picture shall be in color. (2) All video information on tape must have good picture quality. (3) As a title heading on the tape and during the televising, the operator must: i. Note the project name and Contractor name. ii. Note the name of the company and the operator performing the video inspection, Hi. Note line size and material, joint type and length. iv. Line segment to be televised including beginning and ending station numbers. v. Note page of plans used and year plans were stamped. vi. Note date and time of inspection. vii. A footage counter must be displayed on the tape during the filming. viii. Show the above title block before and after each line segment. Show the title block at one-hundred (100') foot intervals while filming the line segment. ix. All defects should be shown on film for a minimum of 10 seconds before proceeding with the televising. (4) The Contractor shall supply a log sheet used in conjunction with the video tape for written documentation. All written information gathered must be legible and clearly understandable. i. Note the project name, Contractor name and contract number, Ii. Note the name of the company and the operator performing the video inspection. Hi. Note pipe size and material, joint type and length between joints, iv. Note the VCR tape footage counter, start to end. v, Note line segment to be televised, station numbers from and station numbers to length of line segment as indicated on plans. vi. Note page of plans used and year plans were stamped. vii. Note date and time of inspection. viii. Indicate by sketch the line segment to be televised in relation to surrounding road intersections and street addresses. Identify manhole station numbers. Show direction of flow with arrows and direction the camera is going. Indicate direction of north on the sketch. ix, Note the water depth at the beginning, every fifty (50') foot station, every change in grade, and at the end of the line segment. x. Identify the clock location, direction, size and type of laterals entering main, Indicate laterals as saddles, punched, or glued fittings, xi. Indicate final footage televised at end of the log sheet. (5) One tape per visual televised inspection project shall be furnished to the Project Inspector. (6) Tapes must be VHS format, one (1") inch wide T-120, high quality tape. Tapes are to be recorded on SP (2 hours) play. (7) All tapes and run sheets shall be submitted to the City, All tapes and log sheets shall become the property of the City. I. Culvert Desion - Culverts must be designed using standard engineering practices and engineering judgment. Culverts shall be designed in accordance with the latest edition of the City of Fort Worth Drainage Manual. If the City of Fort Worth Drainage Manual does not incorporate the necessary standards please refer to the Texas Department of Transportation (TxDOT) Hydraulic Design Manual. 1. One (1') foot of freeboard is required between the one-hundred (100) year water surface elevation and the top of curb elevation. Exceptions must be approved in writing by the Director of Public Works, 2. Culvert hydraulic grade line calculations shall consider both inlet and outlet control. 3. Culverts shall be aligned to provide the minimum resistance to the flow of water during the 10, 50, 100 and 500 year events. 4, The maximum velocity through a culvert shall be fifteen (15') feet per second, 5. Stream stability shall be assessed when determining the number of barrels, height and width and culvert skew, Potential for scour shall be accounted for in the design. 6, Hydraulic jumps shall not be allowed from face of culvert to ten (10') feet from the culvert, subject to the approval of the Director of Public Works. J. Bridqes - Two (2') feet of freeboard is required between the one-hundred (100) year water surface elevation and the low chord of the bridge. Exceptions to this requirement must be approved by the Director of Public Works in writing. 1, The skew of the bridge piers and abutments shall be oriented as close to the normal or flood direction of flow resulting in an angle of attack as close to zero (0) degrees as possible. 2, Bridge piers shall be aligned to provide the minimum resistance to the flow of water during the 10, 50, 100 and 500 year events. 3. Computer modeling programs used for the hydraulic analysis of bridges shall be HEC-RAS, Version 2.2, or HEC2. 4, Stream stability shall be assessed when designing the abutments and interior bents of the bridge. Scour shall be accounted for in the design, 5. Where flows are supercritical, erosion control measures shall be used in an area from one-hundred (100') feet upstream from a bridge to twenty-five (25') feet downstream from a bridge. K, Channels - Open channels may be used instead of an enclosed system when a pipe greater than an eighty-four (84") inch diameter (or other shape equivalent to more than thirty-eight and a half (38.5) square feet) is required to carry the design storm event. 1, Design Criteria: a. All open channel design must follow the Corp of Engineers Guidelines, b. Channels may be left in their natural state provided that the channel velocities are six (6.0') feet per second or less and that one (1') foot of freeboard is available during the design storm event. c. If the natural channel is to be replaced by an improved channel, the flow from the one-hundred (100') year design flood must be contained within the improved channel while allowing for one (1') foot of freeboard, d. Improved channels shall be trapezoidal shaped and include a lined section if the design velocity is greater than six feet per second. Lining types such as concrete, rock walls and gabions may be used upon approval of the Director of Public Works, The maximum velocity allowed in concrete lined channels is fifteen (15') feet per second. e. Unless shown to be feasible in a soils report sealed by a licensed professional engineer in the State of Texas, and approved by the Director of Public Works, improved channels shall have minimum side slopes of: (1) 4 feet horizontal to 1 foot vertical for earthen, grassed-lined side slopes. (2) 2 feet horizontal to 1 foot vertical for concrete-lined side slopes. f. Where practicable, all unpaved channels should have sufficient grade to avoid ponding. A minimum slope of 1,00% is required for earthen channels and swales, except those used as part of a wetlands area. In areas where 1.00% cannot be obtained a pilot channel approved by the City may be used. All lined channels are to have a minimum slope of 0.50% and earthen channels a minimum slope of 1.00%. g. The developer or owner shall use low maintenance vegetation for vegetative cover, as approved by the Director of Public Works prior to planting. The selection of materials shall comply with the current ground cover listing for North Central Texas furnished through the Texas Agricultural Extension Service. 2. Manning's Equation can be used to design channels and determine water surface elevations and velocities when backwater effects are negligible, subject to approval by the Director of Public Works, Channels where backwater effects occur must be designed using models accepted by FEMA. 3. All channel sections must consider and account for channel stabilization in their design. This requirement pertains to all sections whether they are left in their natural condition or are modified in any manner. The design of all drainage channels and swales shall assure adequate capacity and minimum maintenance to overcome the result of erosion, silting, sloughing of bends or similar occurrences. 4. When performing hydraulic analyses for channel or drainageway design, the one-hundred year (100) year starting water surface shall be based on the fOllowing: a. Known water surface elevations should be used where possible. Known elevations are available for some creeks and channels from previous studies approved by the City. b. When known water surface elevations are not available the slope-area method or a rating curve may be used. (1) A rating curve approximates the starting water surface elevation for a given flow by using the relationship between known flows and water surface elevations for the creek. This is an excellent method for determining starting conditions if good data is available to develop the rating curve, (2) The slope-area method approximates the starting water surface elevation by calculating the normal depth for the channel. To calculate normal depth the slope of energy gradient for the channel is required. The energy slope can be approximated using the average slope of the channel or the average slope of the water surface. 5. The design of the channel lining shall take into account the super-elevation of the water surface around curves and other changes in direction. In general a radius that is three (3) times the top width of the water surface during the design storm event is recommended for channel bends, 6. A chain link fence six (6') feet in height, or other improvements as approved on a case by case basis by the Director of Public Works, shall be constructed on each side of the lined channel. 7. Gabion or other forms of channel lining may be used in lieu of reinforced concrete lining with the approval of the Director of Public Works, L. Detention /,Retention Facilitiesi": Detention or retention facilities mav be used to reduce peak discharges .... _ (D~i~t;;d-;-~.mm_"'._...m_-.-] where conditions prevent convevino stormwater to an adeouate discharoe point. Detention or retention-'" ". f,.Deleted: _Desian_.._...... ......_....... .. ...... J facilities shall be privately maintained unless the City of Collewille has aqreed to accept public dedication _ n. _ _ .. of the facility, LRunoff rates for all land uses shall be limited to the rates that would be produced from single family"- residential areas. This requirement also applies to the development of sites as churches, schools, and other institutional uses. Detention/retention facilities shall be designed for the fully developed one-hundred (100) year design flood according to the.priteria contained inthis Section~__________ ~ _. JIl~_ _Oli_niOlu_Ol_ ?Ol o_ll nt_ _of. st()rage_ ,vollJl11~ _ of.. ,the. _c;l~ten,tio.n _ /)a_sin. ~~?II, /)e_ _melt_volu_Ole, ,reCluirecl, to_.. reduce runoff rate during the one-hundred (100) year event to the undeveloped rate, The outflow structure shall be sized to reduce the 2,5, 10,25,50, and 100 year discharges to the undeveloped rate. Dedicated detention/retention basins shall also include an additional one (1) foot of freeboard and two (2) feet of sediment storage. The volume of runoff storage for drainage areas greater than one-hundred (100) acres shall be computed using unit hydrograph procedures. Acceptable unit hydrograph procedures are provided in Section 14-170.0.1 of this document. For drainage areas less than one-hundred (100) acres, the above methods are recommended; however, an approximate routing method based on the modified rational method is allowable. 2. All detention facilities designed shall consider the timing of the flood peak in the main channel into which the detention facility drains. Delaying the peak from a site in lower portions of a watershed may result in a higher peak on the main channel. The Director of Public Works may require that upstream and downstream ponds be included in the detention design model. 3. A detention facility shall have enough gradient to ensure positive drainage to the outlet structures so as to avoid nuisance conditions such as standing water, odors, insects, and weeds. A minimum slope of 0.50% towards the outlet structure is required for all grass lined detention facilities. 4, Detention areas in parking lots shall not be: a. In required parking spaces, b. Behind speed bumps unless the speed bumps are made with reinforced concrete. c, Deeper than six (6") inches unless otherwise approved by the Director of Public Works. 5. Drainage easements shall be provided for all regional detention/retention facilities and for other detention/retention facilities where two or more owners are involved. 6. Individual detention facilities shall be designed to empty in less than three (3) hours, unless it is also serving as an erosion control facility. 7. Detention facilities used as a sediment control facility shall meet the following requirements: a. The sediment control facility shall be designed with minimal velocities such that sediment is dropped and not picked up by flows at any time during the storm event. ,-..--...-..--...-.......-..-......................--........-........... . . - '1 Formatted: Indent: left: 0.25" '-- =J . , - - (~~~;~;;d;f~i~~i~g--.] "1 Deleted: : J '. " -roeleted: 1 _'.._J b, The basin shall be designed with two (2) feet of sediment storage area so that sediment removal is not required more than twice a year. Expected removal periods greater than twice a year must be specified in the maintenance plan and approved by the Director of Public Works. c, Sediment control facilities cannot be used to meet detention requirements unless the volume of sediment is included in the calculations for the detention basin design. 8. The owner shall maintain detention/retention facilities unless the facilities are dedicated to the City of Colleyville, Detention facilities must be properly maintained if they are to function as intended over a long period of time, The following measures are required to ensure the facility functions properly. a. Facilities should be mowed at least twice a year to control weeds and discourage woody growth, b, Debris, litter and accumulated sediment should be removed from detention facilities at least twice a year. Particular attention should be given to removal of debris, litter and sediment around outlet structures. The Director of Public Works may require that the property owner remove said debris when in the Director's detennination that property damage or a flood hazard may exist. c. Detention basins designed for sediment removal shall be maintained as specified in the maintenance plan and approved by the City with construction plan submittal. 9, Retention facilities shall provide for continuous water movement. aeration facilities or other process- - j Formatb;d;-I;;;;~~i:-:-L~ft~O~25,;_m_) approved bv the City that is desiQned to prevent surface accumulation of aquatic veQetation, M. Flumes - The use of flumes is not recommended for widespread use. Flumes shall not be pennitted when the purpose of a penn anent flume is to carry runoff down the sides of earthen channels. 1. A flume may be used to direct overflow runoff along property lines until the runoff can be intercepted by streets or conduits. A flume shall not carry more than ten (10) cubic feet per second during the one-hundred (100) year storm event with a slope of 1.00%, 2. All flumes crossing sidewalks shall be covered or bridged such as to minimize danger to pedestrians. 3. All edges are to be protected with rock rip-rap or other form of protection for erosion control and scour purposes. N. Lakes - Approval to develop in any area subject to inundation by a lake must be obtained from the appropriate agency responsible for that particular lake before the city grants its approval. Agencies that should be contacted include U.S. Army Corps of Engineers, Tarrant County Water Control Board, TCEQ, the Trinity River Authority, and FEMA Regardless of approvals obtained from those agencies listed above, no filling, development or construction in any area subject to inundation by a lake shall occur without the approval of the City Manager. The City Manager may require any studies necessary to determine that filling, development or construction will not have a detrimental effect on adjacent, upstream or downstream properties and buildings. This subsection in no way diminishes other requirements of this section. O. Lot DrainaQe and GradinQ - Grading and drainage of all residential lots shall be designed in a manner which will allow one lot to drain across an adjacent lot and into a permanent structure, such as a concrete flume, lined channel, or proper inlet to an adequate drainage facility, or to a street right-of-way. If an approved drainage structure is not present, it will be required of the developer to construct the necessary facilities. (0-00-1261/12/19/00) 1. Sheet flow techniques shall be used for lot to lot drainage where possible, (0-00-1261/12/19/00) 2. Single lots shall accommodate their own drainage into an approved structure where topographic elevations allow this to occur. (0-00-1261/12/19/00) Draft Ordinance ORDINANCE 0-05-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 14, ENGINEERING STANDARDS, OF THE LAND DEVELOPMENT CODE, REGARDING DETENTION/RETENTION POND REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TV CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; 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 amend certain portions of the Land Development Code regarding detention/retention pond regulations; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and 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. THAT Chapter 14 - Engineering Standards of the Land Development Code, is hereby amended in its entirety to read as shown in the attached as Exhibit "A", THAT Ordinance 0-00-1214, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. 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 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 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 this ordinance shall take effect immediately from and after its passage. Sec. 7. Ordinance 0-05-XXXX Page 2 of 2 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. 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 Matthew C. G. Boyle City Attorney .~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: October 24, 2005 I Prepared by: I Chris Fuller Development Coordinator Z-05-028 - Request for a Special Use Permit to allow horses on Subject: Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court Tabled October 10,2005 a UPDATE 10-24-05 This item was tabled by the Commission at the October 10, 2005 meeting to allow the applicant to modify the rezoning request to a Special Use Permit to allow horses on the property. The applicant met with staff to outline the specific conditions of the Special Use Permit, agreed to the modification of the original rezoning request, and new notices mailed to the surrounding property owners. Attached is a draft ordinance for consideration by the Commission, which if approved, will authorize a Special Use Permit to allow horses on the premises at 500 Wagonwheel Court. A condition has been included in the draft ordinance to require the applicant to provide a landscape screen along the southernmost property line. The landscape screen must achieve a general height of six feet within three years of approval of the ordinance. The official zoning designation of the property will not change, but remain zoned R20-Single Family Residential. Staff mailed notices to fifteen (15) adjacent property owners regarding the modified rezoning request and published notice of the agenda item in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Included with the agenda packet material is a copy of a petition signed by several neighbors in support of the request to allow horses on the property. Also included, is a letter from an area Realtor expressing an opinion regarding property values. Attached are copies of two letters in opposition to this request. 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 Agenda Item No.4 - Page 1 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. EPermitted 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. The following excerpt is from the Land Development Code regarding horses in the R20 zoning district: Section 24.C . Table of Pennltt8d Uses Zonlna Ollttrk;t '" ~ .~ ~ 2 10 D II. :c 0 z T" C't C') .J Uind Use Cla$$ifieati<ln ... ~ CL 0 8 8 ~ Q: II: Q: II: 0:: 0:: :E U 0 U :Ii Private horse stables for domestic use . . . S S 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. Agenda Item No.4 - Page 2 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. 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 and October 24,2005 City Council: November 1 and November 15, 2005 Agenda Item No.4 - Page 3 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 Favor to Rezoning Request · Letters in Opposition to Rezoning Request · Draft Ordinance Agenda Item No.4 - Page 4 Zoning and Location Map u NORTH 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 Lord, George E 501 Wagonwheel Court Colleyville, TX 76034 McAllister, Donald B 508 Wagonwheel Court Colleyville, TX 76034 Speed, Douglas E Etux Loretta 505 Frontier Court Colleyville, TX 76034 Darling, Polly 504 Frontier Court Colleyville, TX 76034 Sowell, Charles R 509 Wagonwheel Court Colleyville, TX 76034 Larry & Susan Austin, applicant 500 Wagonwheel Court Colleyville, TX 76034 Jackson, Chris Etux Monica 7703 Overland Trail Colleyville, TX 76034 Cruce, John H Etux Marcia 501 Frontier Court Colleyville, TX 76034 Hazlewood, Gary H Etux Etal 7600 Windswept Trail Colleyville, TX 76034 Development Review Committee Memo DATE FAX TO FAX NO September 28, 2005 Larry & Susan Austin N/A 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 1. Staff recommends this request be submitted as a Special Use Permit. 2. Ifthe 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 I 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 4-rr1ico."\ 4- ",,,j Lv;~ . sl-..P{l-o,,\ yJwY'}j"l71 tj AI- /31 )-oar G2 4...,J t1::j ""-I' e.j -Cd> fll"t> = t:: l" I v-' ., f4 ft. <: <3 u f '^ J .. ''5 ",'.>f ~ 3.'IJ U j?- '"". (!!9 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 the 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 Colleyvill~a peaceful rural feeling in the midst of the hustle-bustle of urban living. Respectfully submitted, i~ . 4~4lUu ~ Larry and Susan Austin, owner and applicant ZONING EXHIBIT Applicant: LaITy and Susan Austin. 500 Wagonwheel Ct., CoIleyville, TX, 76034 Owners of Record: LaITy Austin and Nancy Shepherd, 500 Wagonwheel Ct., Colleyville, TX, 76034 Gross Area In Sq. Ft 81,457 2,180 1,555 1,475 76,247 % ofTotaI Area 100010 2.7% 2.0% 2.0% 93.3% Legal description for 500 Wagoowheel Court: Lot 29, Block 4, Western Trails Section 2, an addition to the City of Colleyville, 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 WagoDwbeel Court Scale: I" = SO't Key: 1. Slape ramily dwelling 2. Barn 3. Two-stall hone stable Adjacent! .roperty on North: Single family, zoned R-20 178.7 ft 2. EJ 0::: on G\ ~ 0::: on 00 on . Adjacent property on East: Single fiunily, zoned R-40 95.8 ft Adjacent property on South: Single family, zoned R-20 city Of Texas Our daughter, Michelle, with the horses The bam and stalls are in the background Bayley Rosie Letters in Favor to Rezoning Request 'tJfL / ..;t-h.L I a..Ag.. ~ ~ ,.~ ~. .;;/i.tJj -AM-~ ~ V12- ak- !)DOVJ~ ~, ~(Yl~ 513 woaavtLokd2 Ck- ~~ u Q--'L ~w\vw12 Qf- l4JJy oVey/(j)~l(-(rq, -( 7&OL! QJprluJ ~fAl' I 5/7 lu~~~ Cf. >xz. '.. ... . u' . .. c. 50~ .uw o--~...g., i.""n October 10, 2005 Subject: Having Horses in a Residential Area To Whom It May Concern: I have been a real estate broker in this area for over 25 years. I have listed and sold properties during this entire period as well as managing two offices. It is my professional opinion that having horses in a residential area does not devalue that property or the surrounding properties. In fact, because it is so hard to find properties that do allow horses without having to move miles and miles from the metroplex that property can become more valuable. People still associate land and horses with Texas so it is in keeping with our image. An attractive property that allows horses is a valuable asset. Yours truly, ~~ Kathee Livengood ~ Broker/Associate I:B I<EAlTOR" REQYj~ METRO-DFW 1230 S. Main St. Grapevine, Texas 76051 Office: (817) 481-5851 Toll Free: 1-800-322-7362 Fax: (817) 424-1633 Website: www.metrodfwhomes.com @ Each Office Independently Owned and Operated Letters in Opposition to Rezoning Request _.. ._._---..-.---~.--.,~.".-- __'__ ~,._____~,._ .__~_..__v~_...___._.,__.._~ _._._._.________._.__.__.____ ._.~_' _.'__""_, .___,_.,_~___.___.___.__~__~ n.___._____~_____._~__ 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.! 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 if! 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- '-;t~ '/,'~- I.' . ~~ G~mieLOrd Draft Ordinance 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 AUTHORIZING A SPECIAL USE PERMIT TO ALLOW HORSES ON LOT 29, BLOCK 4, WESTERN TRAILS ADDITION, LOCATED AT 500 WAGONWHEEL COURT; 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 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 authorizing a Special Use Permit to allow horses on the premises on Lot 29, Block 4, Western Trails Addition, located at 500 Wagonwheel Court, subject to the following conditions: a. There shall be a live landscape screen adjacent to the southernmost property line, as depicted in the attached Exhibit "A". Said landscape screen shall achieve a general height of six feet within three years from approval of this Ordinance. 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 EXHIBIT ZONING EXHIBIT Applicant: Lany and Susan Austin, SOO Wagonwheel Ct, ColIeyville, TIC, 76034 Owners ofR.ecord: Lany Austin and Nancy Shepherd, SOO Wagonwheel Ct., ColIeyville, TIC, 76034 Gross Area In Sq. Ft % ofTollll Area 100% 2.7% 2.0% 2.0% 93.3% Legal description for 500 Wagonwheel Court: Lot 29, Block 4. Westcm Trails Sectioa 2, an addition to the City of CoUeyville. Tarrant County, Tens. Plat rec:orded in Vol. 388-80, Pg. 56, pJat Records, Tlpl8JIt County, Tens, Adjwmt property on West; Sinslc fiunily, zoned R-20 Wacoawheel Court Adjacent !'roperty on North: Single family, zoned R-20 178.7 ft 2. 0 c: It> .:. ~ 95.8 ft Adjacent property on South; Single family, zoned R-20 c: It> l'.l! ~ Key; 1. SI. family dwelUDI 1. Bara 3. Two-staU bone .table Adjacent property on East; Single tiunily. zoned R-40 I' /, Ian) sC~fe ~c"ee....