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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-11/28/2005 city or l'exa5 AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, November 28, 2005 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 Bartkowski PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 14, 2005 LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE ISSUES CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS PUBLIC HEARING AGENDA ITEMS 1. Case Z-05-013 - PUBLIC HEARING - Request for a zoning change from CC2-Shopping Center Commercial to PUD-R Planned Unit Development Residential on 15.76 acres, located at the 931-1013 McDonwell School Road 2. Case Z-05-033 - PUBLIC HEARING - Request for a zoning change from AG and R40 to PUD-R on 3.756 acres, located at 5204 to 5212 Pool Road Planning and Zoning Commission Agenda -November 28, 2005 Page 10f2 TABLED ITEMS STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS Amy Shelley, Planning and Zoning Assistant Posted: Wednesday, November 23, 2005, 4:30 p.m. Planning and Zoning Commission Agenda -November 28, 2005 Page 2 of 2 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - November 14, 2005 PLEDGE OF ALLEGIANCE Chairman Byerly called the meeti CALL TO ORDER INVOCATION Present: Commissioners, Dudziak, Mary Taylor, De.. Absent: Commissioners Barry LeBaron, C staff were prese The invocati, ' McCormick, Dave nd Jeff Byerly d Blassingame helley from ROLL CALL APPROVAL OF MINUTES Commissioner Duffy moved to appro following corrections: Page 5, 2nd sent sentence, change "re-opened" to "reco allowed between 1 0 P am"; P "postpone"; and page 1 h, ch seconded with corre The motion was ap Aye: McCormick, Du Nay: None eeting minutes with the djourned"; page 5, 3rd e ", , sert "no operations st pone" to one word . Commissioner Dudziak EMS NOT ON THE AGENDA PUBLIC HEA ITEMS 1. Case Z-O UBLIC HEARING - Request for a Special Use Permit for contractor offi , ith an outside storage on Lot 11, Block 1, Colleyville Industrial Park Addition, located at 1813 Industrial Boulevard Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:15 p.m. Brad Land, the applicant, came forward to present the case and answer any questions , from the Commissioners. Commissioner Taylor questioned Mr. Land in regards to if the items to be used in the Planning & Zoning Commission Minutes - November 14, 2005 Page 10f7 landscaping business will be available for retail sales to potential walk up customers? Mr. Land replied no, the landscaping items will be used for completing the jobs. not for sale from the site. Commissioner Duffy questioned Mr. Land regarding the access to the building via the yard, is there going to be more than one access to the building? Mr. Land replied there being more than one access for the building. Commissioner Duffy questioned Mr. Land regarding what tYR inside the building? Mr. Land replied machinery for the. He stated he would be in compliance with fire code. Van Hubbard, business address 1812 Industrial Bo the appearance of the street; the storage of the proposed building or in front of it; the coming a number of employees creating traffic. Randy Cross, 1808 Industrial Boulevard, co concerns with the parking for employees. business as long as all of the equip ent will be s There being no one wishing to sp "' Commissioner Taylor concurred regarding how can the Commission the building? Commis'. yerly sf attached as necess sioner ems would be stored ess, trucks and trailers. ing concerns with . be behind the ng of vendors for eries and the ?:,.. , ubbard and ~ having having an issue with the , ind the building. osed at 8:20 p.m. ns and questioned staff e ve s will be placed behind P rmit can have conditions ated wa ' g those conditions attached. garding if the equipment will be placed d stated some will be inside the building that will be stored outside, that would loyees about 20 people which leave in ommissioner Byerly questioned Mr. Land Mr. Land replied he intends to match the C ' the facility will be landscaped? Mr. Land replied yes. Commis stioned Mr. Land regarding the parking space in front, will those plac arking some of the equipment or will all of the equipment be stored in the and replied all company vehicles will be stored in the rear. Those parking s ill be used for vendor parking or for an occasional customer. Commissioner Dudziak questioned Mr. Land if there will be a design center for some of the customers? Mr. Land replied no, the landscaping out front will show what we can do for landscaping. Commissioner Dudziak questioned Mr. Land regarding the hours of operation? Mr. Land replied the employees start at 7 a.m. and return a little before dark. The hours depend on what time of the year it is, right now with dark coming sooner, the workers are back around 6 p.m. Planning & Zoning Commission Minutes - November 14, 2005 Page 2 of 7 Commissioner McCormick questioned Mr. Land regarding what type of vehicles will be used, and will they be noisy? Mr. Land stated the tractors have back up alert censors that can be noisy. Commissioner McCormick questioned Mr. Land regarding if deliveries to the facility would be during the day? Mr. Land replied yes, during the day. Commissioner Duffy made motion to approve case Z-05-030. Commissioner Byerly seconded with friendly amendments: 1. An eight (8) foot fence 0 he southern property line; 2. The gate to be constructed of a solid surface; and . company vehicles parked out front over night. Commissioner Duffy concurred.." "" The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None opposition had been 2. Case Z-05-031 - PUBLIC HEARl allow for horses on Lot 8. Block Sherwood Lane Chris Fuller presented the case and briefed the Commissioner Duffy questione if the 20 calculated? Chris Fuller replied th is less t Commissioner Byerly opened the pu Linda Collins, the Commissioners. Commissioner provided; woul' ", have to add fend' Sandr famil regarding the bold area on the drawing ? Mrs. Collins replied correct, we would ,orses out. r of the request and stated knowing the Ms. Fuller if there is enough room for horses on the yes, these horses are show horses, therefore they J. Pat the family. Colleyville. Jim Gotcher, 41 family would take values in the area. Phil Kelly, 2808 Sherwood Lane, questioned if the same rules would apply for anyone buying the home for the future? He questioned the amount of space required to have the horses? He questioned why not use the boarding schools in the area to keep the horses? od Lane, spoke in favor of the request and stated knowing surprised there being a need for a permit to have horses in ing Hollow, spoke in favor of the request and stated knowing the re of the horses and stated the horses would enhance the property There being no one wishing to speak, the public hearing was closed at 8:50 p.m. Planning & Zoning Commission Minutes - November 14, 2005 Page 3 of 7 Commissioner Duffy questioned staff regarding if there is any requirement for open land for horses? Chris Fuller replied the Colleyville Code of Ordinances requires 15,000 square feet of grazing area per horse. Commissioner Duffy questioned staff regarding if the Special Use Permit (SUP) would terminate if the use is abandoned for a period of six months? Does the land revert back to the original zoning? Would the SUP have to be reapplied for? In other words, if the land is sold and there is not a horse there for a period of six months, does the SUP go away? Barry LeBar: :*,{.eplied yes it would. Commissioner Duffy questioned staff regarding if the Collin "heed to reapply for a SUP for the stables since the stables have not been us~ nger than six months? Barry LeBaron replied they would have to reapply ~ing to be used as a stable; currently, the stable is an accessory building.' . Commissioner Duffy questioned Mrs. Collins re, pool? Mrs. Collins replied it is a 3 car questioned Mrs. Collins regarding the use game room for their children. Commissioner Dudziak questioned staff regar is there any ordinance that can pr lude that? the street. f the streets by the horses, aron replied no, they can use Boyle regarding if the e SUP to the applicant, ed the request being for e s he Commissioners can not site of the SUP. not taken out and ridden on the streets, . ~"and Mr. Gotcher regarding the property otion to approve case Z-05-031. Commissioner ioner Byerly made a friendly amendment with the ;' by the area noted by the bold lined area on the Commis ned Attorney Boyle regarding if the area can be limited or if the SUP w e platted property. Attorney Boyle stated a specific defined area of the pa ptable. Commissioner Ta accepted the amendment Commissioner McCormick seconded. Commissioner Dudziak stated having issues for the future homeowner's not taking care of the horses as well as the Collins. He stated there not being enough room for the horses. Commissioner Duffy questioned Mrs. Collins in regards to why not use the close facility to board their horses? Mrs. Collins stated not wanting to use the facility because of the care of the facility. Commissioner Duffy questioned Mrs. Collins if she would keep the Planning & Zoning Commission Minutes - November 14, 2005 Page 4 of7 landscaping in the back yard? Mrs. Collins stated wanting to keep their property neat and landscaped. Commissioner Duffy questioned Mrs. Collins if an exercise ring would be placed in the yard? Mrs. Collins stated not at this time. She stated she and her daughter will be riding in the back yard. The motion was approved by the following vote: Aye: McCormick, Taylor, Duffy and Byerly Nay: Dudziak Commissioner Duffy stated noting the area for the two ani Commissioners are not setting a precedent. 3. ot being any standards the to be used by the city. Barry as a reference, however the ow. Commissioner Byerly the pond can have. The if there are some calculations that could , -oxygenation per thousand cubic feet of ry LeBaron stated the combination of n > are calculated but the developer can e minimum aq atic vegetation. If not, they would have to ral times during the year at Kimzey Park, there is still gro er fou n was added. The Parks Department will come out and nt that will take care of the growth. Barry LeBaron used pictures re there have not been any problems with growth in those areas. He' t be something they have done that works and that can be used in other used as a guideline. Commissioner M ick questioned staff if some wild life animals or vegetation could be used for aquatic vegetation so that the eco system could be self sustaining? Barry LeBaron replied yes, the Texas Parks and Wildlife website does provide some ideas. Commissioner Byerly questioned Attorney Boyle if these recommendations are too vague to be enforceable? Attorney Boyle replied having looked at staffs initial analysis, by putting the issues in staffs hands is about the most reasonable way to approach these types of issues. This will provide a sufficient amount of flexibility for the property owner and defers it to staff to make a reasonable determination of what might address Planning & Zoning Commission Minutes - November 14, 2005 Page 5 of7 . the problem. Commissioner Duffy suggested on Section L, number 9 of the Drainage and Storm Sewer Improvements should include: a. Failure to prevent surface accumulation of aquatic vegetation will result in additional water movement, aeration facilities or other processes approved by the City being required. Barry LeBaron replied that being a good proposal. If the first one does not work, then add another 0 . '-, Commissioner Byerly opened the public hearing at 9:20 pm. There being no one wishing to speak, the public hearing Commissioner Duffy made motion to approve case condition. Commissioner McCormick seconded. COMMISSIONER C Commissioner D ed at 9:20 p.m. resented with the The motion was approved by the following vote' Aye: McCormick, Dudziak, Taylor, Duffy an Nay: None STAFF REPORTS Barry LeBaron reminded the Co the day after Christmas. He sugg meeting to be moved to the first concurred. t meeting in December being the items submitted for that The Commissioners all ADJOURNME The Commission a .m. by acclamation. Amy' Plannin Approved ' Planning & Zoning Commission Minutes - November 14, 2005 Page 6of6 city Of cceu~ PLANNING & ZONING COMMISSION AGENDA BRIEFING l"exa5 Meeting Date: ; November 28, 2005 I Prepared by: I Barry LeBaron , Development Director 1 I Z-05-013 - Zoning change from CC2-Shopping Center Subject: I Commercial to PUD-R Planned Unit Development-Residential on i 15.76 acres, located at 931-1013 McDonwell School Road i STAFF REVIEW COMMENTS Request. Rezone from CC2-Shopping Center Commercial to PUD-R Planned Unit Development-Residential Proposed Use. Mr. Ramon Chandler is the applicant and owner of a 15.76 acre parcel of land located on the south side of McDonwell School Road and east of and adjacent to the new Keller ISD Liberty Elementary School. Mr. Chandler is seeking a zoning change in order to develop the property as 62 single family residences, with lot sizes ranging from a minimum of 6,065 square feet to a maximum of 7,543 square feet. Rezoning Application Status. On April 15, 2005, Mr. Chandler submitted a request to change the zoning on the property from CC2-Shopping Center Commercial to PUD-R Planned Unit Development Residential Nearly six months have elapsed since the initial Development Review Committee (DRC) comments were provided to the developer. The project has become finalized and is now ready to present to the Planning and Zoning Commission for consideration. During the past six months, Mr. Chandler has revised the site plan in response to the DRC comments and has been evaluating various development options. Additionally, during this period of time, the City of Colleyville has amended its PUD regulations. The information and comments offered in this agenda briefing have been compiled using both the current PUD regulations and those existing at the time the initial application was submitted. Zoning History of Tract. The subject property was previously zoned CC2 on August 8, 2001, with the approval by the City Council in Ordinance 0-01-1286, which is the same ordinance that established the PUD-R zoning for the Rosewood Villas Addition located on the east side and adjacent to the subject property. The developer requested the CC2 zoning in 2001 due to the commercial potential of the McDonwell School Road and Precinct Line Road intersection. Master Plan. The Colleyville Master Plan designates the future use of this area for office and residential type land uses. Approximately 250 feet of this property on the western portion of the subject tract is shown on the 2025 Future Land Use Plan as a Agenda Item No. 1- Page 1 future office area. The eastern 460 feet, approximately, is shown as a future residential area on the long range land use plan. The western portion of the subject property is not consistent with the Master Plan. The eastern portion of the subject property is consistent with the Master Plan. The developer has indicated in his Statement of Planning Objectives (see attached copy) that the commercial nature of this property changed when Keller ISD constructed the new Liberty Elementary School on the adjacent tract to the west of the subject property. Surrounding Development Trends. The surrounding properties are single family residential, commercial and institutional uses. The properties to the north are zoned AG and R20 and are developed as single family residences (Clairmont Addition). Properties to the south are zoned R-40 and are largely undeveloped. Property to the east is zoned PUD-R and developed as the Rosewood Villas Addition. The property to the west is zoned CC2 and developed as the Keller ISD Liberty Elementary School. In the northwest part of Colleyville, commercial development is expected to continue along Precinct Line Road. The areas south of McDonwell School Road and between L. D. Lockett Road are likely to develop as residences. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher- density projects should be located near major street intersections or on smaller parcels that make less dense development economically difficult. The density of the proposed project is 3.93 dwelling units per acre. The PUD-R regulations require a maximum residential density of 1.8 dwelling units per acre. The density within a PUD-R may exceed the 1.8 units per acre where the amount of open space provided exceeds the minimum open space or where additional amenities are provided within the open space area. The proposed open space includes a walking trail that meanders adjacent to the detention ponds. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet in area, provided the average lot size is 16,000 square feet. The lots in the proposed development range in size from 6,065 square feet to 7,543 square feet. The average lot size is 6,788 square feet. The PUD-R regulations require a minimum 100 foot lot width. The minimum lot width in the proposed development is 50 feet. The proposed lot sizes and lot widths are not consistent with the PUD-R regulations. The developer is requesting that the lot sizes and lot widths be approved as shown in the table on the zoning exhibit. Gated/Private Street Development. The developer has indicated that the proposed development will be a gated/private street subdivision with the primary entrance to the development located toward the eastern portion of the frontage on McDonwell School Road. At time of platting, the developer will submit the necessary Homeowner's Association (HOA) documents as required by Chapter 10 of the Land Development Agenda Item No.1 - Page 2 Code. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. All HOA documents will be reviewed and approved by the City Attorney to ensure that they conform to applicable City policies prior to the plat being filed with the County Clerk's office. The plat document will designate the private road as a lot and a note will be provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The developer has acknowledged these requirements and has indicated that the documents will be submitted to the City at time of platting. Entrance Gate Dimensions. The developer has included sufficient right-of-way at the entrance to the development to accommodate a turn-around and to meet the set-back requirements for the call box. The detail specifications for the entrance gate and call box will be provided at time of building permit for the entrance gate. Secondary Access. The Land Development Code requires all subdivisions containing more than twelve lots to provide for two entryways into the development. The subdivision may provide one public street access and one emergency access location. This development satisfies these requirements. The development will have a primary gated access and a secondary emergency access on McDonwell School Road. Open Space. Open space areas comprising 2.96 acres are provided in the development. The open space area equals 19.8% of the total development. The PUD- R regulations require a minimum of 20% open space. Open space areas within street medians and islands are not included in the calculation of open space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space offsets the smaller lot sizes allowed in the PUD-R. This development provides 19.8% open space. The open space primarily consists of 35 foot wide greenbelts situated behind the residential lots located on the eastern and western sides of the development. A 50 foot wide greenbelt area is located adjacent to the rear of those lots situated on the southern part of the development. The southern greenbelt open space area includes retention ponds to handle the drainage from this development and a walking trail that meanders adjacent to the detention ponds. These features are described and shown on the PUD-R site plan (see attached copy). A 25 foot wide greenbelt is situated adjacent to McDonwell School Road. An additional small portion of open space area (0.05 acre or 2,044 square feet) is located within the five landscaped medians. However, the PUD-R regulations prohibit the inclusion of those open space areas contained within street medians or islands in the total calculation of meeting the 20% open space minimum threshold. The PUD-R regulations require open space areas adjacent to street rights-of-ways to be landscaped with one-three inch caliper tree per each 50 feet of street frontage. This development has 718.62 linear feet of frontage on McDonwell School Road, which will require the planting or retention of 14 trees. This requirement has been added to the proposed PUD-R ordinance for this development. The open space tree planting Agenda Item No.1 - Page 3 requirement was not part of the PUD regulations at the time the initial application was submitted. Retention Ponds. The current PUD-R regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25% of the open space. The applicant's proposal utilizes 15% of the open space area. The PUD-R regulations require a retention pond to include at least one aeration device, such as a fountain, water fall, etc. This requirement has been added to the proposed PUD-R ordinance for this development. The 25% limit of open space area used for retention ponds and the aeration device requirements were not part of the PUD regulations at the time the initial application was received. The PUD regulations require at least one aeration device for the retention pond. The specifications for the aeration device will be a requirement of the construction plans for the development. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. No additional public trail is required, since a 10 foot wide trail currently exists across the frontage of this development. The developer is constructing a 5 foot wide internal pathway network within the open space areas as amenities for the development. The internal pathway network will be constructed with crushed granite. The developer has indicated that the HOA will maintain the sidewalks and pathways within this development. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUD-R ordinance for the subject property. A copy of the Statement of Planning Objectives is attached to this agenda briefing. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule, a statement of utilities provided, economic development information and a traffic impact statement. Site Plan. The developer has provided a site plan, which will be incorporated into the PUD-R ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. Drainage. The applicant's proposal includes on-site retention. The size of the retention facilities will be determined at time of platting. The applicant is aware of the need to submit a drainage plan at time of preliminary plat submittal. The developer of the subject property is also the owner of the property to the south and is aware that dedication of off-site drainage easements may be required at time of plat submittal. Street Names. The developer's proposal includes names for the proposed streets. Staff has advised the developer that suffixes will be required for the street names at time of platting. The developer is aware of this requirement and will provide street suffixes at time of preliminary platting. Fences, Walls and Screening. The developer proposes to construct an 8 foot tall masonry screening wall at the south and east part of this development to connect with the existing screening wall located on the adjacent Rosewood Villas subdivision. The developer also proposes to construct a masonry screening wall along McDonwell Agenda Item No.1 - Page 4 School Road that will be similar in design to the Rosewood Villas Addition screening wall. A live landscape screen will be planted along the western boundary line of this development adjacent to the Keller ISD Liberty Elementary School property that will achieve 6 feet in height within 3 years of planting. A 6 foot tall wrought iron fence will be constructed along the southern boundary line of this development. The fencing and wall improvements will be constructed as part of the public improvements to this development, and prior to the issuance of any building permits for new homes. The fencing and screening proposals have been included in the attached proposed ordinance. Property Taxes. According to information available from the Tarrant Appraisal District, the 15.76-acre parcel is valued at $992,224. The estimated City property tax revenue for the undeveloped property is $3,447 annually. According to the economic development information estimates provided by the developer in the Statement of Planning Objectives, the developer has indicated that the 62 homes will have an average value of $360,000 each, which equals a total project value of $22,320,000.00. This total project value will generate $77,540 in annual City property taxes. Sales Taxes. The project will not directly generate sales tax revenue. The addition of 62 new houses could indirectly have a positive impact on sales tax revenue due to new residents shopping in Colleyville. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 62 proposed residences would add approximately 593 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. At the time of agenda preparation, no letters of opposition to the request have been received. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: November 14,2005 December 13, 2005 and January 3, 2006 SUMMARY The proposed zoning change is not totally consistent with the Land Use Plan, which designates the western portion of the subject property as an office/commercial area. Additionally, the lot sizes do not meet the area and width requirements of the PUD regulations. The recommendation for denial is based upon the proposal not meeting the technical requirements of the PUD regulations. Agenda Item No. 1- Page 5 RECOMMENDATION Denial due to technical non-compliance of the PUD regulations ATTACHMENTS · Zoning and Location Map · Site Plan from Applicant · Statement of Planning Objectives . Development Review Committee Comments · Developer's Response Letters · List of Property Owners Notified · Draft Ordinance Agenda Item No.1 - Page 6 Zoning and Location Map D NORTH - C.,..I_- I /- '--{ - ~ 1 ~ .. -- f " . -zI '/7n- c ..- - "<N T : n- I.. I rr' _ . ~ . \l -- c, - \ - ..._ 11.-': " ... ' - 1, :t -........... >--... ' ~Io ! .... vHATI=AI ::! /' I~ i! c- l~ - vi! \1 ;n I - M( IN ~~. IY 0.\, ;;; lit: )(3 ~ ...~ - iIi n~ AI" ..- 1 ~'lU ;t.;- IIb.I ' ~.. ..-. ., Idtf nf". ~~, .... ~l~ i--- i--- ~ Z .., .,,. f-- C-~ '- ~ 0-01-1286 t -c ~t Al :tj rf~ iY ~, ... c v, ./3:1 - - .. , CC-2 I ~-40 MUST) 0-01-1'1'5 6..n " I LA'frA iL I ' Site Plan from Applicant ---~..........~....~. ""~" ......./.~t:::lI::U~ ~. --., f"'lo-a~O~ ~~:;o. . HIl'IIlIO -II to, 'tl ..... 11 ....... _L_ --- ~nr. .., .-....=:::-... .u.ltlXIIIlNINOZ .. .,.., - ......... """ GO-tl-V CO-U-t W-L-OI "I' , .. ," Il: 11"1:-:1 ,'It'i Ul I r1~! I l~~ IJoin :5H L.l ! i i i~ l' , ; I i'.'i~,11 liIIJ!IJ! ~ ~!~-~ g:~. }""'ii fjl.~ .. .. ~~ ! ;r I I It~~~ ~::/:!51 i{~ Ji~; ffiJ11 ; . lliJ ! ~ 1 ~ ~ ~ . . CI Q Statement of Planning Objectives Statement of Ptannin!: Obiectives Unfortunately, with the construction of the Elementary School on the adjacent property and the recent changes in the projected development of the commercial corridor (from McDonwell School Road south to L. D. Lockett Road) as previously designated on the Colleyville Land Use Plan, the commercial use of the subject property is no longer feasible. To best utilize the subject property, a residential development seems to be the highest and best use. As such, the options available are Multi-Family, Residential-Duplex or PUD-R (as submitted). The present owner would prefer the proposed PUD-R zoning to allow the development of the site for a use similar to the existing Rosewood Villas (adjacent to the site) as opposed to the higher density Multi-Family or Residential-Duplex zoning. The market for this type of home is the "Empty Nesters" who presently live in Colleyville and the adjoining cities. These buyers presently live in larger houses on large lots or acreage. They wish to remain in the Colleyville area and live in a smaller home of very high quality with very little maintenance. The proposed development would consist of sixty-two (62) custom villas similar in style to those in Rosewood Villas. The development would be gated to provide security with private streets and private parks/greenbelts. If the proposed development is not approved, then it is anticipated that the property will be used as a Golf Center, sold to a Church or private school, or sold to a "volume builder" for higher density residential development. Development Schedule The development of the property will begin immediately after final approval by the City ofColleyville. It is anticipated that this would occur in the Spring of2006. The development of the property will take six (6) to eight (8) months to complete. The construction of custom homes would begin at that time, with completed homes available at the end of 2006. It is anticipated that the build out and sale of the sixty-two (62) homes will take approximately twenty-four (24) months to complete, placing the final build out at the end of 2008. Statement of Proposed Ownership It is anticipated that the property will be developed by Westgate Villas, Ltd, the Partnership which developed Rosewood Villas R &:CEIVED APR 1 S,~ Pe:r ~....".............,"'" Statement of Utilitie$ to be Provided City utilities are available to the site as follows: Sanitary sewer: An eight (8) inch sanitary sewer line was constructed across the south end of the property as an "off-site" sewer to serve the Rosewood Villas development. This line will provide sanitary sewer service for the proposed development. Water: An eight (8) inch water line extends across the KISD site to the northwest comer of the property. The eight (8) inch water line will be extended east to connect to the eight (8) inch water line at the northwest comer of Rosewood Villas. The development will be served with a "Loop" system from the eight (8) inch water line following the proposed streets within the development. Stonn drainage: The parks and boulevards will provide the proper stann water detention on site with the drainage discharging at the southwest comer of the site into the drainage system being constructed by KISD. Economic Development Information Total Custom Homes 62 each Average Value $360,000 $22,332,000.00 $775,813.68 Total Value (at Build-out) Annual City Property Taxes (.034740) Annual City Maintenance Costs 1. Water Distribution System 2. Sanitary Sewer 3. Stonn Drainage (private) 4. Streets (private) 5. Parks & Greenbelt (private) Yes Yes No No No Traffic Impact Analvsis The development will consist of 62 homes with an average occupancy of two (2) residents per house. The average vehicle trips per day is anticipated to be less than four (4) per residence. The maximum anticipated trips per day would therefore be 248. REt['~[D Af>~ 1 'M Pet ........n..n....."'" Development Review Committee Comments CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM April 25, 2005 RAMAN CHANDLER 817.685.7388 Chris Fuller, Development Coordinator SUBJECT Z-05-013 Rosewood Villas II CC2 to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Revise the statement at the bottom of the exhibit to state "from CC2," rather than "LI.". 2. Indicate how 9- feet of Greenbelt Area along the frontage of each lot meets the intent of the Common Open Space of the LDC. 3. Indicate how the Greenbelt Area located in the medians meets the intent of the Common Open Space of the Land Development Code. 4. Will improvements or amenities be incorporated into the Greenbelt Areas (benches, trails, etc.)? 5. Provide justification for proposing lots that are smaller than the minimillll 13,000 square foot lot size requirement as mandated by the PUD-R zoning district. 6. Provide justification for proposing a residential density that exceeds 1.8 dwelling units per acre. 7. Provide the following information: a, Minimillll Lot Width b. Minimillll Lot Depth c. Front Building Line d. Side Building Line e. Rear Building Line adjacent to greenbelt f. Rear Building Line interior lots g. Maximillll Lot Coverage h. Maximillll Building Height 1. Minimillll Square Footage for houses J. Additional information as needed to clarify proposal. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-05-013 ROSEWOOD VILLAS II CC2 TO PUD-R 8. Will there be perimeter screening? If so, provide details of location, dimensions and materials to be used. 9. Are sidewalks proposed in the development? If so, provide details of locations and dimensions. 10. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. The Following Comments are Informational and Do Not Require a Response: 1. A preliminary and fmal plat will be required upon approval of the rezoning request PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat Since new lot(s) would be created by the plat, the payment of parkland dedication fees is required for this development The fee for residential uses is $1,802 per dwelling unit An assessment of parkland dedication fees will be provided upon approval of the fmal plat IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction or conditions contained in a City-Developer Agreement, if applicable. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. The sidewalk along McDonwell School Road must be at least 5- feet wide and must be constructed as part of the public improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, May 9, 2005, 7:00 p.m. Tuesday, June 7 and June 23, 2005, 7:30 p.m. RESUBMITT AL REQUIREMENTS Once you have completed the changes to the drawing, please submit the following to our offices: . a written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived PAGE20F3 DEVELOPMENT REVIEW COMMITTEE 2-05-013 ROSEWOOD VILLAS II CC2 TO PUD-R . 12 copies of the revised drawing & one 8.5"x 11" reduced copy of the revised drawing The above requested items must be submitted no later than noon on Tuesday, May 3, 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 817-503-1054 or fullerc@ci.colleyville,tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 Development Review Committee Comments CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 27, 2005 FAX TO RAMAN CHANDLER FAX NO 817.685.7388 FROM Chris Fuller, Development Coordinator SUBJECT Z-05-013 Rosewood Villas II CC2 to PUD-R - 2nd Review The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Submit the street name for approval. 2. Minimum street widths are required at the median locations. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 3. The location of the median at the south end may affect fire department turning radii. A minimum 50-feet outside and 30-feet inside clear radius is required. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 4. Entry gates will require Opticom access with keypad, key switch and manual override. 5. Label the width of the sidewalks adjacent to the exterior lots. As shown, the 5-foot sidewalk extends throughout the development. All public sidewalks must be constructed of concrete. The 5-foot sidewalk in the common area may be constructed of crushed granite. 6. Add a note to the exhibit indicating the open space lots will be HOA maintained. In Your Response Letter, Acknowledge the Following Information: 1. A preliminary and final plat will be required upon approval of the rezoning request. 2. Visitor Entrance Design Standards - At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. A turn-around space with a minimum outside radius of 30 feet must be 100 Main street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-05-013 ROSEWOOD VILlAS II CC2 TO PUD-R located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn aroWld space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. 3. Resident Only Entrance Design Standards - In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boWldary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross ann and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide a turn-aroWld space with a minimum outside radius of30 feet to indicate that it is for resident use only and not for visitors. 4. Hold Harmless - The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and 5. Access Restrictions - Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA, subject to approval by the City COWlcil. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. 6. Homeowners Associations (HOA) Required - A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the fmal plat. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of the City. No portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. 7. Reference Chapter 10 of the Land Development Code for additional Private Street and Entrance Gate requirements. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-05-013 ROSEWOOD VILlAS II CC2TO PUD-R PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. Since new lot(s) would be created by the plat, the payment of parkland dedication fees is required for this development. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction or conditions contained in a City-Developer Agreement, if applicable. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENfIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, WATER SEWER SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. The sidewalk along McDonwell School Road must be at least 5-feet wide and must be constructed as part of the public improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, June 13,2005, 7:00 p.m. Tuesday, July 5 and June 19,2005, 7:30 p.m. RESUBMITT AL REQUIREMENTS Once you have completed the changes to the drawing, please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived · 12 copies of the revised drawing & one 8.5"xll" reduced copy of the revised drawing The above requested items must be submitted no later than noon on Tuesday, June 7, 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 817-503-1054 or fullerc@ci.colleyville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITIEE PAGE30F3 Development Review Committee Comments CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM October 26, 2005 RAMAN CHANDLER, CC: KONSTANTINE BAKINTAS 817.338.9245 817.685.7388 Barry LeBaron, AICP, Development Director SUBJECT Z-05-013 Les Maison CC2 to PUD-R - 3rd Review The Colleyville Development Review Committee (DRC) has reviewed your latest submittal dated October 12, 2005, of the zoning exhibit and zoning change request of the above referenced project. The following comments are for your consideration. The Following Comments Require a Response or Acknowledgement from the Applicant: 1. The zoning exhibit shows two possible road extensions at the southern end of the development. Provide information regarding the plans for these extensions. 2. The entryway on Evangeline will require modification to comply with the call box distance and entryway turn-around requirements contained in Section 1O-130.L of the Land Development Code regarding restricted access entrance design standards for gated/private street developments. 3. The proposed street names should include a suffix, such as Place, Street, Boulevard or other street suffix. You may contact the Community Development Office at 817-503-1050 to obtain a list of standard street suffix's and abbreviations. 4. The Fire Department has recommended that entrance gates be installed upon completion of the public improvements and acceptance by the Public Works Department to deter thefts during home construction. 5. A subdivision developed with private streets must have a mandatory HOA. The HOA documents must indicated that the streets and drainage systems with the development are private, owned and maintained by the association. The HOA must establish a reserve fund with a minimum annual contribution of $75.00 per lot for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. Submit a draft copy of the HOA documents for review with the final plat submittal. 6. The application fee for a gated development subdivision is $750.00, which shall be paid at time of Preliminary Plat submittal. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z -05-013 LES MAISON CC2 TO PUD-R 7. Aerial photos of the property indicate that access to the cell tower at the southeast comer of the property is through the subject property. How will access to the cell tower be provided in the future? 8. Indicate the height of the live landscape screen on the west side of the property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, November 14,2005,7:00 p.m. Tuesday, December 6, and December 13,2005, 7:30 p.m. RESUBMITT AL REQUIREMENTS Your responses and any revised exhibits must be submitted no later than noon on Wednesday, November 9,2005 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 817-503-1052 or lebaronb@ci.colleyville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE20F2 Developer's Response Letter c;iii10,-..;) Baird, Hampton & Brown, Inc. {:J t::J L:J Engineering & Surveying May 19, 2005 Mr. Chris Fuller, Development Coordinator City of Colleyville- Planning Dept. 100 Main Street, Colleyville, TX 76034 Tel (817)503-1054 RE: Rosewood Villas II: Z-05-013: CC2 to PUD-R Mr. Fuller: We are in receipt and have addressed the city's review comments, dated April 25, 2005. The revised and enclosed Zoning Exhibit presents a slightly different approach, and no longer proposes a continuous boulevard. As requested, we are providing the following summary of the city's review comments and our responses. 1. Revise the statement at the bottom of the exhibit to state "from CC2," rather than "L/". Comment has been addressed... see revised plan. 2. Indicate how 9-feet of Greenbelt Area along the frontage of each lot meets the intent of the Common Open Space of the LDC. The subdivision layout I lot plan has been modified. We are no longer proposing a boulevard and are providing 20% open (greenbelt) space in addition to the private street right of way. 3. Indicate how the Greenbelt Area located in the medians meets the intent of the Common Open Space of the Land Development Code. The subdivision layout I lot plan has been modified. We are no longer proposing a boulevard and are providing 20% open (greenbelt) space in addition to the private street right of way. 4. Will improvements or amenities be incorporated into the Greenbelt Areas (benches, trails, etc.)? Some amenities and landscaping will be provided. The revised drawing presents a crushed granite walking path I trail. Also presented are a series of small ponds. 5. Provide justification for proposing lots that are smaller than the minimum 13,000 square foot lot size requirement as mandated by the PUD-R zoning district. We understand this has been previously addressed by Mr. Raman Chandler 6. Provide justification for proposing a residential density that exceeds 1.8 dwelling units per acre We understand this has been previously addressed by Mr. Raman Chandler 7. Provide the following information: Minimum Lot Width, Minimum Lot Depth, Front Building Line, Side Building Line, Rear Building Line adjacent to greenbelt, Rear Building Line interior lots, Maximum Lot Coverage, Maximum Building Height, Minimum Square Footage for houses Comment has been addressed... see revised plan. 8. Will there be perimeter screening? If so, provide details of location, dimensions and materials to be used. Perimeter fencing andlor screening will be provided... see revised plan. 6300 Ridglea Place, Ste 700, Fort Worth, Texas 76116 Tel: 817-338-12n, Fax: 817-338-9245, E-Mail: mail@bhbinc.com Mr. Chris Fuller May 19, 2005 Page 2 9. Are sidewalks proposed in the development? If so, provide details of locations and dimensions. Sidewalks will be provided as shown... see revised plan. 10. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Understood... Please feel to contact me or Mr. Raman Chandler for further clarification. Thank you, BHB Engineering & Surveying K~.E. Vice President e:\2005.000.000\2005.013.016\docs\letter to chris fuller 5-18-05.doc 6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com Developer's Response Letter ~D~ Baird, Hampton & Brown, Inc. l=.J D L=:J Engineering & Surveying October 12, 2005 Mr. Chris Fuller, Development Coordinator City of Colleyville- Planning Dept. 100 Main Street, Colleyville, TX 76034 Tel 817-503-1054, Fax 817-503-1059 RE: Rosewood Villas II: Z-05-013 : CC2 to PUD-R Mr. Fuller: Please be informed that the Owner/Applicant is ready to proceed with the above referenced project. We've addressed the city's review comments, dated May 27, 2005 and enclose the requested number of copies of the zoning exhibit. Please note that we are changing the project name from Rosewood Villas II to Les Maison, and that the average size lot is 6,788 square feet; whereas the average size lot at Rosewood Estates is 6,490 square feet. Also, and as requested, we are providing the following responses to the city's review comments: 1. Submit the street name for approval, Comment has been addressed... see revised plan. 2. Minimum street widths are required at the median locations. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. Comment has been addressed... see revised plan specifying minimum turning radii. 3. The location of the median at the south end may affect fire department turning radii, A minimum 50- feet outside and 30-feet inside clear radius is required, Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. Comment has been addressed,.. see revised plan specifying minimum turning radii. 4. Entry gates will require Opticom access with keypad, key switch and manual override. Understood.,.. Gates will be similar to Rosewood Villas. 5. Label the width of the sidewalks adjacent to the exterior lots. As shown, the 5-foot sidewalk extends throughout the development. All public sidewalks must be constructed of concrete, The 5-foot sidewalk in the common area may be constructed of crushed granite. Comment has been addressed... see revised plan. 6. Add a note to the exhibit indicating the open space lots will be HOA maintained. Comment has been addressed... see revised plan. Please also We understand that a preliminary and final plat will be required upon approval of the rezoning request. Furthermore, we acknowledge the Visitor Entrance Design Standards, Resident Only Entrance Design Standards, need for a Hold Harmless clause in HOA documents, Access Restrictions, Requirement for Homeowners Association, and other Land Development Code requirements for private streets and R E C 1!rt1!'ff gate requirements. OCT 1 saoO~lea Place, Ste 700, Fort Worth, Texas 76116 Tel: 817-338-1277, Fax: 817-338-9245, E-Mail: mail@bhbinc.com Per ............. Mr. Chris Fuller October 12,2005 Page 2 Please feel free to contact me or Mr. Raman Chandler for further clarification. Thank you, BHB Engineering & Surveying Enclosure: 12 - 24X36 Prints of Zoning Exhibit 1 - 8%X11 Print of Zoning Exhibit e:\2005.000.000\2005.013.016\docs\letter to chris fuller 9-14-05,doc RECEIVED OCT 1 2 2005 Per ............. 6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbin~.com Developer's Response Letter ~D~ Baird, Hampton & Brown, Inc. c..:::.J D L.:::J Engineering & Surveying November 7,2005 Mr. Bary leBaron, Development Director City of Colleyville- Planning Dept. 100 Main Street, Colleyville, TX 76034 Tel 817-503-1054, Fax 817-503-1059 RE: les Maison: Z-05-013 : CC2 to PUD-R Mr. LeBaron Please be informed that the Owner/Applicant is ready to proceed with the above referenced project and that we look forward to this month's P&Z meeting. We are in receipt of your October 26th DRC comments and offer the following clarifications. 1, The zoning exhibit shows two possible road extensions.,. At this time, the proposed development consists of the roadways and lot configuration shown. However, and since the Developer owns one of the adjacent tracts to the South, we wanted to identify how this development could possibly be extended. We understand such an extension will require a separate zoning application at a later date. 2. The entry way on Evangeline will require modification, , . We've reviewed the entryway turn-around requirements and we will design the entry to comply with the call-box distance and turn-around requirements. A dimensioned plan will be provided during platting and detailed information will be presented in the construction documents. 3. The proposed street names will require a suffix... We understand the need for a street name suffix, and will suggest a suffix, for consideration by staff, P&Z and Council, at platting. If there are preferred suffixes we will certainly consider them. 4. The Fire Department had recommended that entrance gates be installed... As recommended, the entrance gates will be installed upon completion of the pubic improvements to deter thefts during home construction. 5. A subdivision developed with private streets must have a mandatory HOA. The HOA documents... This development will establish a mandatory Home Owners Association. We understand the HOA will be responsible for maintenance of the streets and drainage system, will be required to establish reserve fund with a minimum annual contribution of $75 per lot. A draft copy of the HOA documents will be submitted at platting. 6. The application fee for a gated development subdivision is $750, which shall be paid... The specified fee will be paid at platting, 920 South Main Street, Old Main Place Suite 190, Grapevine, Texas 76051, www.bhbinc.com Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, Email: mail@bhbinc.com Mr. Bary LeBaron, Director November 7,2005 Page 2 7. Aerial photos of the property indicates that access... We will further coordinate with the cell tower company to assure their access needs are addressed. We anticipate their needs to be similar to all of the other franchise utility companies servicing this development. An appropriate access easement will be shown on the Preliminary Plat. 8. Indicate the height of the live landscape screen... To be effective, we believe a landscape screen should reach a height of 6-feet. During development, we propose to provide the appropriate plantings that, within a short time, will grow to reach this height. A licensed landscape architect or arborist will be consulted for final plant selections at this location as well as the entrances and street medians. Please feel free to contact me or Mr. Raman Chandler for further clarification. Thank you, BHB Engineering & Surveying e:\2005.000.000\2005.013.016\docs\letter to bary lebaron 11-05-05.doc \ RECEIVED NOV 0 9 2005 Per ..-...........ell 920 South Main Street, Old Main Place Suite 190, Grapevine, Texas 76051, www.bhbinc.com Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, Email: mail@bhbinc.com Z-05-013 Rogers, Patricia A 725 Arcady Lane COlleyville, TX 76034 Titan Towers LP PO Box 6972 Abilene, TX 79608-6972 Mcintosh, Doyle & Mary Fam LP 8333 Thornhill Drive North Richland Hills, TX 76180 Johnson, Terry Etux Eva L 6600 Herbert Street Colleyville, TX 76034 Stewart, Mari Ann 6605 Herbert Street Colleyville, TX 76034 Notices dated November 1,2005. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit reauest as reauired bv the Texas Local List of Property Owners Notified Westgate Villas Ltd. PO Box 611 Colleyville, TX 76034 Gary Panno Inc. DBA Ryan Homes PO Box 715 Colleyville, TX 76034 Huntington Corporation A TIN: Robert Johnson 1905 Central Drive Ste. 200 Bedford, TX 76021 Zimmerman, Jeffrey K 6403 Champion Way Colleyville, TX 76034 Williams, WE & WJ Cummingham 6602 Herbert Street Colleyville, TX 76034 ICI Development LLC 4101 A Gateway Drive Colleyville, TX 76034 Amy Shelley Planning & Zoning Assistant 1 sl State Bank of Gainesville PO Box 10 Gainesville, TX 76241-0010 Ramon Chandler, applicant PO Box 611 Colleyville, TX 76034 Keller ISO 100 Main Street Fort Worth, TX 76102-3009 Ishak, Ashraf Z Etux Irene N 2928 Oak Ridge Drive Hurst, TX 76054 McCarley, James Etux Michelle PO Box 2798 Grapevine, TX 76099 Draft Ordinance ORDINANCE 0-05-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 15.76 ACRES OUT OF THE R. H. McEWING SURVEY, A-1154, FROM THE CC2-SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Ramon Chandler on April 15, 2005, under Case No. Z-05-013; 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. Ordinance 0-05-XXXX Page 2 of 5 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 a 15.76 acre parcel of land situated in the R. H. McEwing Survey, Abstract 1154, from the CC2-Shopping Center Commercial district to the PUD-R Planned Unit Development-Residential district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 4.15 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space Ordinance 0-05-XXXX Page 3 of 5 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line adj. to greenbelt h. Rear Building Line interior lots i. Maximum Lot Coverage 6,065 square feet 6,788 square feet 50 feet 111 feet 15 feet 5 feet 5 feet 1 0 feet 60% 5. OPEN SPACE a. This development shall provide a minimum of 19.8% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by Homeowner's Association. b. A twenty-five (25) foot wide greenbelt area shall be provided at time of platting along the northern boundary of this PUD-R. Said greenbelt shall be landscaped and contain one-three inch caliper tree per fifty (50) feet of street frontage along McDonwell School Road. c. The open space areas on the southern part of this PUD may be utilized for storm water detention. d. The open space contained in street medians and islands shall not be included in the calculations for open space. 6. SCREENING a. An eight (8) foot tall masonry screening wall shall be constructed along the south and east boundary line of this PUD-R, as shown on Exhibit "C", which shall connect with the masonry screening wall in the adjacent Rosewood Villas Addition. b. A six (6) foot tall wrought iron fence shall be constructed along the southern boundary line of this PUD-R, as shown on Exhibit "C". c. A masonry screening wall shall be constructed along the northern boundary line of this PUD-R, as shown on Exhibit "C", said screening wall shall not exceed eight (8) feet in height. d. A live landscape screen shall be planted along the western boundary line of this PUD-R, as shown on Exhibit "C". Said landscape screen to achieve a six (6) foot height within three years of planting. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance Q-05-XXXX Page 4 of 5 7. SIDEWALKS AND PATHWAYS a. The developer shall construct five (5) foot wide pathways within the southern open space area, as shown on Exhibit "C". Said pathways may be constructed of crushed granite or similar materials. b. Sidewalks along lot frontages shall be constructed by each homebuilder. Sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. PRIVATE STREETS a. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. 9. OTHER a. The minimum square footage for all houses in this PUD-R shall not be less than two-thousand (2,000) square feet. b. Retention ponds constructed in this development shall contain not less than one aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the Colleyville Engineering Department. 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 Ordinance 0-05-XXXX Page 5 of 5 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map - q .... -- ----!;i ~_I.. :~ .. -- CI) ~g - - ~C.1 - CC-2 O-O!/-/'I~ 6"n " I .., I-~ b I~ V11~ I!G -- iiIi - ~ C~_... I f \ ~>-- vHAT :AI ,/ cr I - C-~~ I ,~ -R~~J rt r · 1. . fa - -.-- -- ~ II ;! ::! ~ I i[1 ~ ~ ~ ~-~ ~s' = oa:: ::--'.: .~ . ~.~~ -: = 0-01-1286 E _I ~t:); ; J~ /:f: -. v C Ml " I ..t~ A'-' 1~-40 MUST) , LA V'f'.A TfL I II Exhibit B - Metes and Bounds Description Metes arid Bounds Description ,,15.76 Acres R. H. McEwing Swvey, A -1154 City of Colleyville, Tarrant County, Texas BEING a tract ofland located in the R. H. McEwing Swvey, Abstract No. 1154, in the City of eolleyviUe, Tarrant County, Texas, being all of Lots I and 2, Block A, Reed Subdivision, an Addition to the City of ColleyviUe as recorded in Vohnnc388..14S, Page 68, Plat Records Tarrant County Texas (PRtCT), and being all ofth08e tWoparcelsdescnbed by deed to Raman Chandler as recorded in VolUme 14930, Page 124 and Volume 14930, Page 126, and part of that parcel de$cnbed by deed to Raman Chandler reCorded in Ins1niment No. m0104190S, all of the Deed Records Tammt CoWlty Texas (DRTCI'), and' being more particularly described by metes and bounds as follows (bearings referenCed to the northerly line of said parcels, called North , 89<'43'15" East): BEGINNING at the northwest comci of said Lot 2, BlockA, Reed Subdivision, generally in the center ofMcDonwcll School Road (CoWlty Road 3105); THENCE North 89043'15" East generally with said road, a distance of 628.92 feet to a point for corner; THENCE North 89042' II" East continuing with said road, a distance of 89.70 feet to a point for corner; THENCE South 00"36'38" East, a distance of 821.48 feet to the northeast comer of that parcel descn"bed by deed to Global Tower, LLC as recorded in instrument No. D2042SSS23. DRTCf; THENCE with the north and west lines of said parcel as follows: North 89051 '23" West, a distance of 100.00 feet to a point for comer; South 00006'30" West, a distance of 150.11 feet to a the southwest comer of said parcel; THENCE North 89053 '30" West, a distance of179.S0 feet to a po~t for comer; THENCE North 89044'55" West, a distance of224.8S feet to a point for comer; THENCE North .8905 1 '25" West. a distance of 224.34 feet to a point for the southwest comer of the aforesaid Lot 2; THENCE North 00005'43" East with the west line of said Lot, a distance of 965.88 feet to the POINT OF BEGINNING and containing 15.76 acres of land. Exhibit C -Conceptual Site Plan ::0 ITI o aY02{ :INn .L:JN1:J:iWd --- ~ - ----r-l--'-----r f ~-----!---'-T~------n~-- 1 It! II ! f..! .' I I C i II i ! n ! n I Jr i Ii I II: ~ ~ ;!( ~I j.. ! I II ! II i II I Ii i I !! iJ!il ~I ~I I LL._..l.._.,~J.._~_.__L.!.._1"__-'-"-"-"~1.L------ !:~t !.._.._.._.,~ I" \. 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'06 .@ PLANNING & ZONING COMMISSION AGENDA BRIEFING TexaS Meeting Date: I November 28,2005\ Prepared by: I Chris Fuller I I Develooment Coordinator I Subject: i Z-05-033 - Zoning change from AG and R40 to PUD-R on 3.756 I acres, located at 5204 to 5212 Pool Road I I STAFF REVIEW COMMENTS Request. Rezone from AG-Agricultural and R40-Single Family Residential to PUD-R Planned Unit Development-Residential Proposed Use. The applicant is requesting to rezone 3.756 acres of land located on the west side of Pool Road and adjacent to the proposed site of the future Colleyville Fire Station. The applicant is seeking a zoning change in order to develop the property as seven single family residences, with lot sizes ranging from a minimum of 13,564 square feet to a maximum of 28,078 square feet. Master Plan. The Colleyvi/le Master Plan designates the future use of this area for single family residential type land uses. Surrounding Development Trends. The surrounding properties are single family residential and institutional uses. The property to the north is zoned AG and is developed as O.C. Taylor Elementary School. Property to the south is zoned R40 and is the future site of the City of Colleyville Fire Department. Property to the west is zoned AG and developed as a church. The properties to the east are zoned AG and R20 and are developed as Ashmore Addition. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher- density projects should be located on smaller parcels that make less dense development economically difficult. The density of the proposed project is 1.89 dwelling units per acre. The PUD-R regulations require a maximum residential density of 1.8 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet in area, provided the average lot size is 16,000 square feet. The lots in the proposed development range in size from 13,564 square feet to 28,078 square feet. The average lot size is 16,149 square feet. The PUD-R regulations require a minimum 100 foot lot width. The minimum lot width in the proposed development, excluding lots located along the cul-de-sac is 99.9 feet. The proposed lot sizes and lot widths are consistent with the PUD-R regulations, The Agenda lten: No.2 - Page 1 developer is requesting that the lot sizes and lot widths be approved as shown on the zoning exhibit. Open Space. Open space areas comprising 0.5 acres are provided in the development. The open space area equals 15% of the total development. The PUD-R regulations require a minimum of 20% open space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space offsets the smaller lot sizes allowed in the PUD-R. This development provides 15% open space. The open space primarily consists of three areas, two open space lots along Pool Road and a single lot located at the western end of the cul-de-sac. The two 25 foot wide open space greenbelts adjacent to Pool Road will include a ten (10) foot wide sidewalk, permanent landscaping and areas where plants will be rotated four times a year to display the appropriate seasons. The planting and maintenance of seasonal plants will be the responsibility of the Home Owners Association (HOA). The western most open space area includes a detention pond to handle the drainage from this development. The open space lot will also include an open area for field sports. A trail system will be constructed along the perimeter of the open field and will lead to a waterfall and koi pond. The trail system will contain a four (4) foot tall lighting system. Two benches with a table will also be located within the open space lot. The HOA will be required to maintain all of the amenities located within the open space lot. These features are described in the Common Area Amenities letter from the applicant (see attached copy). The PUD-R regulations require open space areas adjacent to street rights-of-ways to be landscaped with one-three inch caliper tree per each 50 feet of street frontage. This development has 287 linear feet of frontage on Pool Road, which will require the planting or retention of six trees. This requirement has been added to the proposed PUD-R ordinance for this development. Fences, Walls and Screening. The developer proposes to construct a seven (7) foot tall masonry and stone screening wall along the open space lots adjacent to Pool Road. Detention Pond. The current PUD-R regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25% of the open space. The PUD-R regulations require a retention pond to include at least one aeration device, such as a fountain, water fall, etc. This requirement has been added to the proposed PUD-R ordinance for this development. The PUD-R regulations require at least one aeration device for the detention pond. The specifications for the aeration device will be a requirement of the construction plans for the development. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUD-R ordinance for the subject property. A copy of the Statement of Planning Objectives is attached to this agenda briefing. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule, a statement of development goals and economic development information. Agenda Item No.2 - Page 2 Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. A public trail is required along Pool Road. Site Plan. The developer has provided a site plan, which will be incorporated into the PUD-R ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. Drainage. The applicant's proposal includes on-site detention. The capacity of the detention facility will be determined at time of platting. The applicant has submitted a drainage plan to the Engineering Department. The developer of the subject property is also the owner of the property to the south and is aware that dedication of off-site drainage easements may be required at time of plat submittal. Street Names. The developer's proposal includes the name for a proposed street. The proposed street is in conflict with an existing street name. The applicant will be required to provide an alternate street name at the time of platting. Property Taxes. According to information available from the Tarrant Appraisal District, the 3.756-acre parcel is valued at approximately $228,400. The estimated City property tax revenue for the existing property is $793 annually. According to the economic development information estimates provided by the developer in the Statement of Planning Objectives, the developer has indicated that the seven homes will have a total project value of $4,475,000.00. This total project value will generate $15,546 in annual City property taxes. Sales Taxes. The project will not directly generate sales tax revenue. The addition of seven new houses could indirectly have a positive impact on sales tax revenue due to new residents shopping in Colleyville. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the seven proposed residences would add approximately 67 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 13 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. At the time of agenda preparation, no letters of opposition to the request have been received. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: November 28,2005 December 13, 2005 and January 3, 2006 Agenda Item No.2 - Page 3 SUMMARY The proposed zoning change is consistent with the Land Use Plan, which designates the western portion of the subject property as a single family residential area. Although the development does not provide 20% open space, it does propose 15% open space with amenities, including an open field for sports, waterfall and koi pond, a lighted trail system and a table with benches. The Land Development Code permits a smaller amount of open space so long as it includes amenities. RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · Site Plan from Applicant · List of Property Owners Notified · Statement of Planning Objectives · Development Schedule · Economic Development Information · Common Area Amenities · Draft Ordinance Agenda Item No.2 - Page 4 AG 2512 Zoning and Location Map 5300 ~ 5212 ~ D NORTH AG 5213 5200 5108 lil : :\ I~ ' ,I _,~=_~~~_-:~~ -~~'~=~~-_~~~~~=,Jr[ __._ ____ _ _.,,_ __..." _,__ - - I ' ,~liot_""t_",O;jf\':t~~.."l' ~"", NCO:"Cti'q" ...-" ~.~ t:~~ c;. ~d ~ i~' ..~ !,(j>;. gj~ ~.~~ ~~i:' 8<1 < J~" Ii ~a ~II~I := i;b "I ~~~~. !E !~~~ i~ r~,~ ., e I.'" ~i ~ ~~X ~. ~"<~ -ll~ ~ (; UIU~~ ~ I HSh.~il I; ~ li'~' ~ l' .. . . ~~.... j. ~ ."~ ' ,. . . ~gUl ; E ... ~~ i' ~~; ~ ~ lii i~;;i~- ~ ~ l: ~~;~ <i..;, ~;! ~~ ma'i~ ~~ ~ !t 0" ~~~. i ~ ~ ~1l 'if ~ o~ 5'~-~ ~: u~; ~ ~ Ii fi ill~ ." g -, a ~~ ~~ i ~f ~~ ~~ ~ ; n ~,. .. @~: h ~' ti ~ ~ (). -.- d "'jfi / ~@ i ~ glS ~ ~~i~~ ~ !Iii !~~~ ill~ i~i ~d; i ~ ~~m~ · ~ ~~""'. ~ ~ Sl g D~ i ~ ~ Site Plan from Applicant ~ 1 tt.:l'.5a' \ I ;\ i ,\ ;i .li' ~ ,I .! .le II i I \ ,,,) J! -;-~~----- ~ ! 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J., ~ 8 41,,", . 2 ~ i~.J) f1lliH "!l:tl.' l1jlm Il~W Jim Dewey, Jr. 2500 Texas Drive #100 Irving, TX 75062 Dzura, Michael Etux Patricia 2704 Highgrove Ct. Colleyville, TX 76034 Gilbert, Maudie Faye 5212 Pool Rd. Colleyville, TX 76034 King, Hayley Marie 2700 Highgrove Ct. Colleyville, TX 76034 Texcan Ventures V11.Ltd. 5100 Pool Rd. Colleyville, TX 76034 List of Property Owners Notified 151 Assembly of God Church Inc. 4309 Colleyville Blvd. Colleyville, TX 76034 Feemster, Michael Etux Kenja 5209 Pool Rd. Colleyville, TX 76034 Grapevine Colleyville ISO 3051 W. Hwy, 26 Grapevine, TX 76051 Madewell, Brent A & Kimberly 5213 Pool Rd. Colleyville, TX 76034 Bohl, Gregory Etux Tracie G 2701 Highgrove Ct. Colleyville, TX 76034 Folger, William P Etux Paige D 2701 Red Oak Ct. W. Colleyville, TX 76034 Hall, Charles W Etux Helen F 4200 Glade Rd. Colleyville. TX 76034 Robertson, Delma 0 5204 Pool Rd. Colleyville, TX 76034 CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS Emily Place Addition STATEMENT OF PLANNING OBJECTIVES Emily Place is envisioned to be a comfortable and family-friendly street of seven custom homes. The owner of CapitalCorp, Inc. will be building his personal home there and moving his family there approx May 2007. CapitalCorp will be building all the homes and does not plan on selling any lots to outside builders in order to maintain quality on the street. ' Dan Tankersley, AlA will be the architect on all homes built on the street. We plan to have a variety of styles that will be individual, but tie in to the street. A HomeOwners Association will enforce deed restrictions and maintain the streetscape amenities on Pool Rd and will maintain the front yards of each home. A private park in the SW corner of the property may be constructed for the use of all residents. This is still in the planning stages. If it does come about, the HomeOwners Assocation will also maintain it. RECEIVED ocr 2 8 ZM~ 3435 FINLEY RD. TEL: (972) 259-8787 Per ............. IRVING, TEXAS 75062 FAX: (972) 258-8162 The size of the homes will vary depending of the buyer. Minimum sizes will be established. The projected living area of the homes is 4200sf - 4800sf. In addition to professional landscaping and design, we plan on wrought iron electric gate access at the building line to the garage area. Screening of playground equipment behind the building line will be required. Since the builder will be living on the street with his family, every aspect of the design and construction process will be scrutinized more. Currently there is a 1700sf older house on the SE corner of the property and a 1 OOOsf old house on the NE corner of the property. We believe this project will be an enhancement to the neighborhood and to Colleyville. RECEIVED OCT 2 8 2005 Per .............1 CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS Emily Place Addition DEVELOPMENT SCHEDULE Our plan is to produce a quality seven lot subdivision in a cost effective and expeditious manner. Once we have received a positive response from Planning & Zoning, we will start the platting process. Based on the timelines from the city regarding cutoff dates for submissions, we hope to have final 2nd reading from the City Council by February 2006. We will immediately start street construction and would predict street acceptance by June 2006. We will also start the first house July 2006 and the 2nd house November 2006. The construction of the final and 7th house is projected to start December 2007. RECEIVED; OCT 2 8 2005 3435 FINLEY RD. Per ............~::1 TEL: (972) 259-8787 FAX: (972) 258-8162 IRVING, TEXAS 75062 CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS Emily Place Addition ECONOMIC DEVELOPMENT INFORMATION Currently the two houses and land are on the tax rolls in a taxable amount of $228,400. Our plan is to increase the taxable amount to $4,500,000 within 30 months of street construction. The following is our estimate of times, size, price/sf and taxes to Colleyville for each lot: Lot # Start Date Living Area Sales Price/sf Taxes 2 4 1 5 3 7 6 7/06 11/06 1/07 6/07 8/07 10/07 2/08 4200sf 4500sf 4200sf 4500sf 4500sf 4200sf 4500sf 3435 FINLEY RD. IRVING, TEXAS 75062 $148.81 $144.44 $148.81 $144.44 $144.44 $148.81 $148.81 RECEIVED GeT 2 8 ZBBS Per ............. $2171 $2258 $2171 $2258 $2258 $2171 $2171 TEL: (972) 259-8787 FAX: (972) 258-8162 CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS EMILY PLACE ADDITION Common Area Amenities The addition will feature three Common Areas that will be maintained by the Home Owners Association. We believe that we are providing an abundance of common space in our development plan based on the fact that only seven families will be living on the street. The two Common Areas at Pool Road will consist of approx 7,000 sf ft. This area is planned to have a seven foot masonry and stone fence running along Pool Road adjacent to the lots adjoining them to the West. From the fence improvement to Pool Road, which is approx 25' plus R.O.W., the Common Area will feature a winding 10' sidewalk trail, numerous trees, boulders and flowering hedges. In addition, this sprinklered area will feature several areas for seasonal color that will be changed out four times per year by the Home Owners Association. The SW Common Area at the end of the cul-de-sac will be the main Park Area for the seven owners. The plan is to provide a park that is a visual asset to the owners PLUS is a useable area for families. Our plan is to provide in this area a depressed detention area for drainage and to make use of this usually dry area with a place for kids to play kickball, 3435 FINLEY RD. TEL: (972) 259-8787 FAX: (972) 258-8162 IRVING, TEXAS 75062 football and golf putting. A trail system will circle that area and will provide the main feature of a waterfall cascading into a koi pond. Two commercial style benches, a covered area with a Key West I tropical theme with picnic table will also make the area useable. An area will be set aside for a possible shuffle board court Four foot high trail lighting will highlight the area, make the area secure but not cause light pollution that pole lighting would. All of this nearly 17,000 sf ft Common Area will be landscaped and sprinklered to tie in with the plantings and rock work of the Pool Road Common Areas. ORDINANCE 0-05-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 3.756 ACRES OUT OF THE S.C. H. WITTEN SURVEY, Abstract 1740, FROM THE AG-AGRICULTURAL AND R40- SINGLE FAMILY RESIDENTIAL DISTRICTS TO THE PUD-R PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by JDJR Engineers & Consultants, Inc. on October 28,2005, under Case No. Z-05-033; 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. Ordinance 0-05-XXXX Page 2 of 5 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 a 3.756 acre parcel of land situated in the S.C.H. Witten Survey, Abstract 1740, from the AG-Agricultural and R40-Single Family Residential districts to the PUD-R Planned Unit Development-Residential district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 1.89 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space Sec. 5. Ordinance 0-05-XXXX Page 3 of 5 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Maximum Lot Coverage 13,564 square feet 16,000 square feet 99 feet 140 feet 30 feet 60% 5. OPEN SPACE a. This development shall provide a minimum of 15% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. Two (2) twenty-five (25) foot wide greenbelt areas shall be provided at time of platting along the eastern boundary of this PUD-R. Said greenbelts shall be landscaped and contain one-three inch caliper tree per fifty (50) feet of street frontage along Pool Road. c. The open space areas on the southwestern part of this PUD-R may be utilized for storm water detention. d. The amenities will conform to the Common Area Amenities statement, labeled as Exhibit "D". 6. SIDEWALKS AND PATHWAYS a. Sidewalks along lot frontages shall be constructed by each homebuilder. Sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 7. OTHER a. The minimum square footage for all houses in this PUD-R shall not be less than four-thousand two hundred (4,200) square feet. b. The detention pond constructed in this development shall contain one (1) aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the City of Colleyville Engineering Department. 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. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-05-XXXX Page 4 of 5 THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage, AND IT IS SO ORDERED. 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 Secreta ry David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G, Boyle City Attorney Exhibit A - Zoning and Location Map 5300 ~ 5212 AG 2512 AG 5213 5209 5108 Exhibit B - Metes and Bounds Description U.. and Bounds ~ 3.156 ~ Traot (Overall Tract) &*lg a 3.156 acre tmol or 1*'<* of ItAnd situated in the S.C.H. WiUtm Survey. Abstract No. 1140. City of CoIeyvIfe. Tatmm County. Texas and .beinU I portWn of Btoek 3. E~. Land.Mortgage ~y lJmited SUbdMsion by .ptat ~ in Volume 114.PaoeMO.o.dRecords. TammtCouftly, T..,xas. said, 3.156ar.te 'tract being id of INn cedIin 'trad ,~ to earl GIbert by doed r~md in ~ 4661. Page 946. Deed Records. Tatft:V\1 O:mnty. T_us. and also beint an of ...,. ...-tttin tract ~yed to Herbert M. Snider and Onn Snider by deed ~ in Volume 6922. Page 313. ~ R~s. Tarrant County, T.xu, SAVe AND EXCEPT th~ ~ ~ to tfie City of C~e by deeds ~ in Volume 10122. Pag~2149 and Volume 1 12. o.d Records, Tafmnt COUnty. Texas. said 3.151 acrelmd betngmore, particQlafIy ~ 'by metes and 'bounds n f~ BEGINNlNGst a 5fkd1 ateeI rod vllth plntic oop ~ "JOJR" .fO( oomw in thG __riOhl of way 1M of Pool Road (varia" width ,light of way - 35.0 _I to eenfet'line at this point). Ufl'te point bainglte ~,t oomw' of thQ mor~t.ionedSnick9r Tract: THENCE. South 68 degree& Mminute.s 04 .~ WWl along the ,sauth .le. of Mid Snider Tract. at 15.0 ... ~the ~ ~ ,of Lot 1ft. BtOOk 1. S..C.H.WIttm ~ ~ an addition to the City of CoIey.Jile. ,according to the_ mcordflld in CIbinet A. SlIde 2161. Plat Records. Tarmm County.Te~.. ~ oontimJing .. Ile common line of Hid Snidw Tnmt and $&id Lot 1 R. a tatal 'distance of 491.84 feet to arw-tooh $lee! rod with plastic cap stampoo "JOJR" .t for ~ In the ea. tiM <>fLat 1. Block 1. Plusant Glade As$embly of Gad Addition. an addlkmto the City of Cohy\'lle. $G(;ordJng Co lh€$ plat moorded m Cabinet A, S~ 110, Plat Retards. Tmram County, Texas, $Sid point baing dle n~ corner of 'said Lot 1R and also boing the southwest .comer of Hid Snider Tmot: THENCe. North 00 degr-.OO mirlute& 48 seconds west akmg Ihe common line of Hid lot 1 and Hid Snider Tract. at 81.. _t "" the ~ corMr of said Snider Tract and afIO bt*tg tbe southwestCOfMl" of the ~toned G~Tract. and contirwing along the.comt'ROn line of said Lot 1 and said Gihrt Tract. a total d~ of 330.16 ~ .10 a 3l3-irteh 5tee1 rod found foroor~f in ~ ~ Ine of Lot 1, Block 1, Pool Road '~"*'Y SdlQd Ati~. an addtton to the city of eoue"e. aocording to the platrecoroed in Volume 368-201, P.ge 6, PBt~. Tamml County, Texu. said point bfdng the northeast corool'ot said lot 1. Block 1, pt~sant 01.... A$$M'tbly of God Addition and moo baing 1M f"IOrthwesl ~ of tmid Gibert Tttd; , THENCE. North 88 degrees 43 minutes 54 seconds Eastalott9 the common line of said tot 1. Slack 1. Pool Road Elementary School Addition anduid Gilbert Tmct. at 417.39 feet pass the southeut comer of said Lot 1, and continuing akmg, the north One of said Gilbert Tract. a total distance of 499.39 feet to a 511- inch st_rod with plastic cap stamped .. JDJR" set for comer in the west right of way Jne of said Pod Road (2&0'-10 ~ine at tNs point); THENCE. along the west right of way Ine of said Pool Road the fofbwing six courses: South. a dl$tance of 74.451$et1o a 318..mch steel rod found for comer; W.. a distance of 3.00 f.t to a 5l8-inch steel rod vlith pIaslie cap stamped "JOJR'* Nt for comor. ume point, being the beginning of a curve to the right having a radius of 685.00 feel. a tangent of 10.58 feet and a longGbord that beatS Sooth 00 degrees 32 minu1e$ 15 seoondsWesl. a diltam:a of 21.16 ~ ~rty. along ,said curve 10 the 'right.lu'ough a central angle of 01 degree 49 minutes. 25 seconds. an arc length of 21.11 feet to a 518.inch $teeI rodwih plastic cap stamped '"JDJR" set fer comer; Soulb 01 degrM51 mil1Utt$ 22 s~ w.. a d~ of 102.68 feet to a 112* lncb steet rod found for comer. same point being the beginning of III curve to the left having a radius of 135.00 feet. a tangent of 11.74 feet and a long chord that bears South 00 d~ 66 m~$ 27MCOnds West. a distance of 23.60Jeet; Sou~eriy. along said curve to the left. through' a ~ angle of 01 degree 49 minutes 50 seconds. an arc Iengfh of 23.50 feet to a 318..iflch steel rod found for corner; South 00 degrees 01 minute 24 .oonds East. at 28.20 feet pau a 112-inch steel rod round for the so~ corner of .sakJ Gilbert Tract and also being the northeast comer of Mid Snider Tract. and continuing for a total distance of 110.06 feet to 'the PLACE OF BEGINNNG. CONTAINING a computed ar. of 163.621 square 'felt or 3.756 acres of land. Exhibit C -Conceptual Site Plan iU.!IC' ~ li\ =. --=:~-~=.=.= _:~~_:~.-:~..~...=:-=~~~~=~~:Ek.;. w ~~w ~ t,~ ..1.~ · J~~""l!' ii~ i~P 'II ~d ~(. "~f )KI~ f~~. '* ~J~~ ~.. ~h~ ~~ i'i! ., ,~J .~ "~~ t~ ~a~: !i~ ....~ ;~ !~:~ a A" ~ .~ ~~~~ ;~ ~l,~ '! !A a ~ ~ ! H ~~; i~ ~ i Him! ~; Uil~!~ ,:! H.a'~~ i'" a! ~ '"JC - ;: : . !"!e i l '" ... ~~, ,; ~ H~;i"j ! t ~ ,LI", '~;l 'i "~'$~-" l! ~~ ;;; ~,~ i i~ h>--l i, ", ~; I . ~ ~ ~H :g " ~~ ~ .r ~i ij ~I '\ ~. ) I I ~ ~I~i ii~~ =~I ~~:.""" .. IO/:RT"ti .... .... " I ,~...~.'''''''''';''~'..;./ r--i-..~--- : ,,,-\ ~ - \ ~ :l'm~ : . t , "I i'l': ":+-'1 i' , , H-; f~; .-" ~ ,,- ,.:. ,. ili ~.'al i If !: J i: ~ \ ; II ~2'~'-'-~~1\ 'Ii ~~t' I' i I ,,~. {ii~ : L ' ~il It ii~ ~ IE I' , liIWl'lf,'M,"" .,.,.......l~ I I. i t. , \..1' l~ ~~ I~ I h{ :1 Ii I ~~ J~ " . I ~ .--. ,----=:,~- Ii C :> I ~~!-_-- 'PoOt=FIOAD~~--~;;:c:~;;t!=L Qoll_''(O"....~ ,-- .~tm...._..........*~ \... ....'.....,-'=="''';;'''~~1r- I I t. .1 .: i~ Ii .. ~ !! ;till II( ~!t!! ! l iill ,1<< t II" H!' ,", lil .1 r'~' ,I Il"'ll ~1; p 'J~~ri:. . I it' 'f! illl tlli. ' I ',If b~ I:; i:i~ Ii ~i!: ~lrlt :1 F 1:1 :; li~ ~ { \il! Ii " dlli ,J. Ii '.1',,,\. , . l' -, '" . III !:I!lji'!',I:!.di'" ii lnh:l'!!.;; I' 4 If, I' Jt {, Ill, i~' ~~ii l~r~i ilt:u it Wj! II 'li:!1 i~ . ~l~t t ~tl~~i '" ! , !!, Fl' :'~ ~ i: ~ i~ ~i\~l <, , '! ,_, Ii t; J t i l!~ 1 ~\l 11 !,,;\ 'l,. 'I 11'11 II' ~; H! Ii h !Ii i!$ ril -;1 ';1 ~. l! ih ~j ~l! !i h! fl Ii!:!! Ii 1lJ:'1 Ii I "l~ \', 1"'\ <1:\, roo sf ji 'ill,; ,Ill'! Ii !!fl'l i'1 fj. '1 !l:l! 1lllj'l !l qlll[ !' ,f I !: '(~i\ U~i~i ii Exhibit D -Common Area Amenities Statement IlR e l_il REAL ESTATE .. CONSTRUCTION · INVESTMENTS EMILY CED N Common Area Amenltl.. Theaddftion wi feature three Common Areat tnatwill be msirlt8ined by the Home. Ownfn AI8ocidon. .W. believe thai.. ..providing an abundance of.eommon apace in .OW' development.plan based.oo the fact that only ..ven famile$ will be living on the street. The two Common Areasat.pool Road Mlcamdlt ofapprox 7.000.8fft. Thiaareai$ planned to have 8 seven foot malOnry and stone fence running along Pool Road adjacent to the Iotledjoiningthem to the Well. From thefente improvement to Pool Road,whidl i8 approx 25'pIua R.O~W.t the Common Area wlJfeatur8a winding 1"aklewalk trail, nuMetOU$ltMt, ~andloWemahedgeL Inlddilon~ this&prinkler8d area will.fea:turesev.ral.... for seasonal co1orthat will be changed out four times per year by the Home Owners Auociation. The SW Common Area at the end of the cul-de-uc wil be the mainPadt Area for the seven owners. The plan. 1$ to. provide 8 pam. that . 8 visual _I to the owners PLUS i. a useable ... for familes. OUr plan is to provide in this area a d.~detenlon 8rea for drainage and to make U. o.f this uauaBy dry area wlh a place for kids to play ldekbaIl. .3435 f;INU~Y RO, "6.1.: (912) 259-8181 lR\tlNO. TEXAS 1~2 FAX: (911) 2.;S"8162 footbaR and golf putting. A trail system will circle that area and will provide the main f.tureof a waterfall cascading into a' koipond. Twocommerci8l,$tyle.benches, s. covered area with a Key-West I tropicalthemewittrpicnic table will also make the .area,'useable. An area.will.beaet ssidefor a possible shuffle board court. Four foot high tmlllightingwillhighlightthe area, make the area secure but not 08uselight.poIlutionthat.pole lighting would. All of the nearly 17,000 sf ftCommon Area will be landscaped and sprinkleredto tie in with theplantlngs and rock work of the Pool Road Common Areas.