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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/8/2015 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 8, 2015 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS, UPDATES ON DEVELOPMENT AND CONSTRUCTION ACTIVITY, AND PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Knox PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES May 11, 2015 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a replat on Lot A1C, Block 2, of the Pleasant Oaks Estates Addition located at 609 Beverly Drive, PC15-013 3b Consideration of a zoning change from the R40-Single Family Planning and Zoning Commission Agenda June 8, 2015 City of Colleyville Page 2 Residential zoning district to the R20-Single Family Residential zoning district on Lots 23A & 23D, Block 1, of the Westcoat Place Addition, located at 5805 Bettinger, Case ZC15-010 3c Consideration of a zoning change from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district on 2.62 acres of Abstract 1034 of the GW Minter Survey, located at 5017, 5113, & 5201 Roberts Road, Case ZC15-011 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards June 5, 2015 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 06/08/2015 Number Type Approval of Minutes Department Community Development Title May 11, 2015 Explanation Recommendation Attachments 1.Planning and Zoning Commission Meeting Minutes - May 11, 2015 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 11, 2015 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 11, 2015 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Abra Nusser, Chris Fuller, Adam Marsh, Taci Wrisley, Patia Boomsma, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Knox made a motion to approve the minutes as corrected. Commissioner Tornes seconded. The motion to approve the minutes as corrected carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM Chairman Byerly moved this item from Item Number 3 to Item Number 2. There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. REGULAR AGENDA ITEMS – At the advice of Matt Butler, city attorney, Items 2a and 2b were heard as Public Hearing Items. 2a Consideration of a replat of Lot 1, Block 1, of the Brighton Oaks Addition, located at 2600 Sherwood Lane, Case PC15-010 Patia Boomsma presented the case and briefed the Commission. Commissioner Gotcher questioned staff regarding the sidewalk City of Colleyville Page 1 Planning and Zoning Commission Minutes May 11, 2015 requirements. Adam March replied all new development requires a sidewalk be constructed regardless of the location. He further explained the property owner has three (3) options: 1. Build the sidewalk 2. Request to escrow funds or 3. Request a waiver from City Council. Commissioner Tornes questioned staff regarding whether the Brighton Oaks Addition was ever zoned as a Planned Unit Development – Residential (PUD-R). Patia Boomsma replied no, it is straight zoned R20-Single Family Residential. Commissioner Tornes questioned staff regarding whether the applicant would be required to meet all city and federal requirements when developing and building on the subject properties. Adam Marsh replied yes. He explained the applicant would be required to provide a drainage study to show the new development would not have a negative impact on neighboring properties. Chairman Byerly questioned Matt Butler regarding why the replat was being heard as a public hearing agenda item versus a regular agenda item. Matt Butler replied the Legislature says if a plat meets all of the requirements of the Texas Local Government Code, the plat has to be approved. He further explained due to this case being a residential replat, a public hearing is required. Commissioner Phelps questioned Matt Butler regarding whether the same rules would apply if the applicant were asking for a waiver on the plat. Matt Butler replied if a waiver were being requested, the commission would have the ability to deny the plat. The public hearing was opened at 7:13 p.m. David Duecaster, the property owner, came forward and briefed the Commission. Commissioner Gotcher questioned Mr. Duecaster regarding the intent for the lots. Mr. Duecaster replied the intent is to build his own residence on Lot 1R-A and to eventually sell Lot 1R-B. Commissioner Gotcher questioned Mr. Duecaster regarding why he did not allow the City to clean the creek all the way down Jackson Road, several years back. Mr. Duecaster replied he originally accepted the offer but withdrew his acceptance when he discovered the City was requiring him to sign over a 35 foot easement on each side of the property. He further explained that their building plans at City of Colleyville Page 2 Planning and Zoning Commission Minutes May 11, 2015 the time could not accommodate the new proposed easements. Discussion continued regarding drainage concerns. Commissioner Phelps questioned Mr. Duecaster regarding his explanation of the upper and lower lot. Mr. Duecaster explained when he used the terms upper and lower, he was referring to elevation. He further explained Lot 1R-A was being referred to as the upper lot and Lot 1R-B was being referred to as the lower lot. Commissioner Tornes questioned Mr. Duecaster regarding whether there were plans to build on Lot 1R-B. Mr. Duecaster replied he has no plans to build on it himself and that he hopes to sell it. Discussion occurred regarding drainage flow. Brad Haga, 4100 Spring Hollow Street, came forward and spoke in opposition with regard to drainage concerns. Rod Wernicke, 4208 Allendale Street, came forward and spoke in opposition with regard to drainage concerns. Pat Gibson, 2604 Sherwood Lane, came forward and spoke in opposition with regard to drainage concerns. Linda Collins, 2705 Sherwood Lane, came forward and spoke in opposition with regard to drainage concerns. Gary Borofsky, 2609 Sherwood Lane, came forward and spoke in opposition with regard to drainage concerns. Teri Fay, 2905 Hickory Hill Lane, came forward and spoke in opposition with regard to drainage concerns. Lakshmi Nair, 4120 Jackson Road, came forward on behalf of her mother and spoke in opposition with regard to drainage concerns. The following wished to record their opposition but did not wish to speak: Mike Tatum, 4100 Allendale Street Joey Cutrona, 3005 Sherwood Lane Raymond De Forz, 2912 Hickory Hill Lane John Muller, 2804 Sherwood Lane Sandra Muller, 2804 Sherwood Lane City of Colleyville Page 3 Planning and Zoning Commission Minutes May 11, 2015 and Julia White, 2904 Hickory Hill Lane David Duecaster, property owner, and Nick Avila, the builder, wished to record their support. There being no one else wishing to speak, the public hearing was closed at 7:47 p.m. Nick Avila, the builder, came forward to address comments and concerns. Commissioner Phelps questioned Mr. Avila regarding the development and marketing potential of Lot 1R-B. Mr. Avila replied it is unknown what will be done with Lot 1R-B if the property is sold. He further explained there is sufficient room to construct a single family residence if a buyer chose to do so. Discussion continued regarding Lot 1R-B and future development. Commissioner Phelps questioned staff regarding whether exceptions were made to property owners of undevelopable properties. Patia Boomsma replied Lot 1R-B is not undevelopable, however, it will be a challenge to develop. She further explained no exceptions or accommodations are made in this situation. Discussion continued regarding development in the 100-Year Flood Plain. Chairman Byerly questioned staff regarding how the maintenance of the creek would be addressed. Adam Marsh replied staff would need to do some research to see if an approved grading plan was being adhered to, if one was submitted with the original subdivision. Commissioner Tornes questioned staff regarding whether public notices would be sent out when or if Lot 1R-B is to be developed. Adam Marsh replied no. Commissioner Wheelwright questioned staff regarding whether construction on either lot would prompt the City to look at the drainage flow under Jackson Road. Adam Marsh replied no. Chairman Byerly questioned Matt Butler regarding whether the City could change the Land Development Code in order to notify property owners downstream of a proposed development. Matt Butler replied City of Colleyville Page 4 Planning and Zoning Commission Minutes May 11, 2015 it would be discretionary but could be done if the City wished to do so. Chairman Byerly encouraged the applicant to look into offering Lot 1R-B to the City as parkland. Chairman Byerly made a motion to approve Case PC15-010. Commissioner Phelps seconded the motion. The motion to approve Case PC15-010 carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly Nay: 1 – Gotcher 2b Consideration of a replat of Lots 1 and 2, Block 2 of the Andy Felps Addition, located at 120 Acuff Lane, Case PC15-005 Chairman Byerly recused himself from this case and vice-chairman, David Phelps, led the Commission. Patia Boomsma presented the case and briefed the Commission. The public hearing was opened at 8:08 p.m. Brad Eubanks, on behalf of the applicant, came forward to answer Commission questions. Commissioner Phelps questioned Mr. Eubanks regarding what the use of the residential structure was today. Mr. Eubanks replied it is an office for Elite Wireless. There being no one else wishing to speak, the public hearing was closed at 8:10 p.m. Commissioner Tornes made a motion to approve Case PC15- 005. Commissioner Davis seconded. The motion to approve Case PC15-010 carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Phelps 4. PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 5 Planning and Zoning Commission Minutes May 11, 2015 4a Consideration of a zoning change from the R40 – Single Family Residential zoning district to the R20 – Single Family Residential zoning district on Abstract 1248, of the Thomas J. Polson Survey, located at 508 Black Drive, Case ZC15-008 Patia Boomsma presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding why the adjacent lots were zoned R20-Single Family Residential but were surrounded by commercial and R40-Single Family Residential. Patia Boomsma replied she was unsure but staff would do more research to determine the circumstances surrounding the zoning of those lots. Commissioner Phelps questioned staff regarding the minimum lot width for R40-Single Family Residential and did the lots in the general area appear to meet those requirements. Patia Boomsma replied the minimum lot width for R40-Single Family Residential is 150 feet. She further explained the lots in the general area did appear to meet the R40-Single Family Residential requirements with the exception of the lot just to the west of the subject property. Commissioner Phelps questioned staff regarding whether the property to the north has a point of access other than Ford Drive and was it considered a flag lot. Patia Boomsma replied they do not have another point of access and it is considered a flag lot. Commissioner Wheelwright questioned staff regarding whether Ford Drive was included as part of 508 Black Drive and would they be required to improve Ford Drive. Patia Boomsma replied Ford Drive is a private access easement and access must be provided to this easement. She further explained the property owner would not be required to improve Ford Drive. Commissioner Tornes questioned staff regarding whether Ford Drive was a city maintained road. Patia Boomsma replied no, it is not. Commissioner Phelps questioned staff regarding who would be responsible for providing adequate access to the flag lot. Adam Marsh replied the flag lot would be responsible. Commissioner Tornes questioned staff regarding whether 508 Black Drive could remove the private access easement. Patia Boomsma replied a replat could be submitted for consideration by the Planning and Zoning Commission to remove the easement. City of Colleyville Page 6 Planning and Zoning Commission Minutes May 11, 2015 The public hearing was opened at 8:19 p.m. Ron and Lori Cimonetti, the applicants, came forward and briefed the Commission. There being no one else wishing to speak, the public hearing was closed at 8:20 p.m. Commissioner Phelps questioned Mr. Cimonetti regarding the irregular property line and the single family structure that exists today. Mr. Cimonetti replied the existing house would eventually be demolished and the irregular property line would remain. Mr. Cimonetti further explained both proposed lots would front on Black Drive. Commissioner Knox made a motion to approve Case ZC15-008. Commissioner Phelps seconded. The motion to approve Case ZC15-008 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4b Consideration of a zoning change from the CN – Neighborhood Commercial zoning district to the CPO – Professional Office zoning district on Lots 1-4, Block 1, of the C-D Subdivision, located at 6513 Colleyville Boulevard, Case ZC15-009 Patia Boomsma presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding whether retail is a viable option for the subject properties given the adjacent uses. Patia Boomsma replied the Future Land Use Plan designates the subject properties as retail. The public hearing was opened at 8:29 p.m. Terry Cunningham, the architect for the proposed development, and Ken Green, the applicant, came forward and briefed the Commission. Commissioner Phelps questioned Mr. Green regarding prospective tenants for the proposed development. Mr. Green replied Lighthouse Family Medicine would be occupying the first building and an attorney would be leasing a suite on the second building, both are current tenants of another of his properties just across Colleyville Boulevard. He further explained the rest of the suites in the second building have City of Colleyville Page 7 Planning and Zoning Commission Minutes May 11, 2015 not yet been leased. Commissioner Phelps questioned Mr. Green regarding whether he would have any issues leasing the spaces where Lighthouse Family Medicine and the attorney currently are located and is retail allowed in those spaces. Mr. Green replied they usually have good luck with this location due the building being located next to the Chamber of Commerce. He further explained retail uses are allowed in this location. Commissioner Tornes questioned Mr. Green regarding how he was marketing the remaining lease spaces. Mr. Green replied he has reached out and sent letters to neighboring businesses and existing clients to generate interest. Commissioner Wheelwright questioned Mr. Cunningham regarding the architectural look of the building. Mr. Cunningham replied the building will be mostly stone and brick with some metal architectural features, such as a rounded entry for Lighthouse Family Medicine. There being no one else wishing to speak, the public hearing was closed at 8:34 p.m. Commissioner Phelps questioned Marty Weider regarding his opinion of the proposed development. Marty Weider replied he believes this would be a great opportunity for this location. He further explained due to the lack of a signal at this corner, a higher traffic generating use would not be ideal. He also added while the proposed uses would not generate sales tax for the City, it would generate more daytime population. Commissioner Wheelwright questioned Marty Weider regarding whether the widening of Colleyville Boulevard would help retail thrive at the proposed location. Marty Weider replied he believes it would make it more difficult due to a median being in the center of Colleyville Boulevard. Commissioner Tornes questioned Marty Weider regarding the potential to lease the spaces across Colleyville Boulevard, where Lighthouse Family Medicine and the attorney would be vacating, to a retail tenant. Marty Weider replied while it is a possibility, the uses may not be sole retail uses. Discussion continued regarding potential uses in the area. City of Colleyville Page 8 Planning and Zoning Commission Minutes May 11, 2015 Commissioner Gotcher made a motion to approve Case ZC15- 009. Commissioner Davis seconded. Commissioner Knox stated he believes the proposed development would be a great addition to Colleyville Boulevard. The motion to approve Case ZC15-009 carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 8:41 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on June 8, 2015 by a vote of __________. City of Colleyville Page 9 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 06/08/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of areplat on Lot A1C, Block 2, of the Pleasant Oaks Estates Addition located at 609Beverly Drive, PC15-013 Explanation John and Jennifer Webb, the owners, propose to replat 609 Beverly Drive, Lot A1C, Block 2 of the Pleasant Oak Estates Addition in order to reduce the building line along Leta Lane from 35 feet to 25 feet. The owners intend to remove the existing residence and construct a new one. Existing Conditions. The property, located at the southwest corner of Beverly Drive and Leta Lane, is currently platted as Lot A1C, Block 2 of the Pleasant Oak Estates Addition. It is developed with an existing residence, which extends past the 35 foot building line along Leta Lane. Several accessory buildings including a detached garage, a shed, and two well houses are also located on the site. Zoning. The subject property is currently zoned R-40-Single Family Residential. Lot Dimensions and Setbacks. The R-40–Single Family Residential zoning district requires a minimum lot size of 40,000 square feet with a minimum lot width of 150 feet and lot depth of 150 feet. The subject property does not meet the required lot width; however, it is considered a lot of record and is therefore exempt from the lot dimension requirements of the R-40 zoning district. The property is also subject to the following development standards: Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Although the zoning designation specifies a front setback of 40 feet, the current plat shows a 35 foot setback. Per Section 3.28 of the Land Development Code, this building line would be applicable to the frontages along both Beverly Drive and Leta Lane. The applicant has submitted a letter requesting that the setback along Leta Lane be reduced to 25 feet. Sidewalks. A minimum four foot wide sidewalk is required along Leta Lane whenever any new structures are built. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Surrounding Properties. The properties to the north, south, and west are zoned R- 40-Single Family Residential and are developed with single family residences. Some of these properties are lots of record and do not meet the requirements of the R-40- Single Family Residential zoning district. Land to the east, across Leta Lane, is zoned R-10-Single Family residential and contains single family residences. Public Notification. Staff mailed notices to all property owners within 200 feet of the subject property. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence to date. Summary. Staff recommends approval of the replat. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Notification List 4.Buffer Map 5.Replat Exhibit 6.Waiver Request Letter B R A N S F O R D R D B R A N S F O R D R D LAUREL OAKS LN SUELLENCIR B E V E R LY D R G R A N D O A K C T B E V E R LY D R LE TA L N L E T A L N R-40 R-10 R-10 R-10 617 600 505 501 600 800 705 709 508 704512608612 708 500 608 801717609 512 701 508504 513 609 601 605509 601 5901 513 613 700 800 704 701 801705 5705 5701 5706 803 5705 5701 5702 5700 5703 5704 805 805 800708704700608 804512604504600612508500 5706 5704 Subject Property BEVERLY DR BEVERLY DR D U A N E S T 617 600 600 705 709609 701 513 601 605 704512612608 608512 508 509 508 708 / Subject Property Aerial Owner Name Owner Address Owner City Owner State Owner Zip Situs Address EDWARD TIM A 608 BEVERLY DR COLLEYVILLE Texas 76034 608 BEVERLY DR CLEFF DAVID M 612 BEVERLY DR COLLEYVILLE Texas 76034 612 BEVERLY DR CROSS SHEILA A 705 BEVERLY DR COLLEYVILLE Texas 76034 705 BEVERLY DR GLEASON JAMES T 600 BEVERLY DR COLLEYVILLE Texas 76034 600 BEVERLY DR LOPEZ CLAIRE LOUISE 701 BEVERLY DR COLLEYVILLE Texas 76034 701 BEVERLY DR WEBB JOHN P 609 BEVERLY DR COLLEYVILLE Texas 76034 609 BEVERLY DR DE JONG MICHAEL 605 BEVERLY DR COLLEYVILLE Texas 76034 605 BEVERLY DR HULET ERIC 608 LETA LN COLLEYVILLE Texas 76034 608 LETA LN DOBBINS TOMMIE G 600 LETA LN COLLEYVILLE Texas 76034 600 LETA LN SURLEY ELDON R 617 LETA LN COLLEYVILLE Texas 76034 617 LETA LN BURNETT JOHN P 601 BEVERLY DR COLLEYVILLE Texas 76034 601 BEVERLY DR BILLY DUCKWORTH 2220 GUS THOMASSON MESQUITE Texas 75187 APPLICANT Public hearing notices were mailed Thursday, May 21, 2015 by Taci Wrisley Notification List LAUREL OAKS LN SUELLE N CIR BEVERLY DR G R A N D O A K C T BEVERLY DR LETA LN D U A N E S T 617 600 600 704508512608612 708 705 709 800 608 717609 512 701 513 601 605 508 509 700 601 704 609 801 800601513613 515 801 5706 511 505 607 701609 705 5702 5700 5704 801705/ Subject Property Case PC15-013 609 Beverly Drive Legend Properties within 200 feet Subject property Parcels Buffer Map Re p l a t Ex h i b i t Waiver Request Planning and Zoning Commission of Colleyville 100 Main Street Colleyville, TX 76034 May 26, 2015 Dear Planning and Zoning Commission, This proposal letter is to request the grant of a variance for the residence at 609 Beverly Drive in Colleyville, TX (Lot A1CR, Block 2 Pleasant Oak Estates Addition). The variance is relatively minor since the existing house is already over the 35 foot building line along Leta Lane by approximately 9 feet, placing it within a foot of our requested building line. The owners, JP and Jennifer Webb, would like to tear down and rebuild on their lot. They would like to place the garage on the right side (west side) of their lot so that they will have privacy in the garage when the garage door is open. In their current house the garage faces Leta Lane and allows a clear view into their garage and it does not afford them the privacy that they would like. Because the garage will be on the west side of the lot we will need at least a 25 foot turnaround outside of the garage. With a 25 foot building line along Leta Lane it will allow us to balance out the house on the lot with the trees and allow for a better front elevation that looks balanced on their lot instead of pushed over to the right (west). The current building line along Leta Lane is 35 feet. JP and Jennifer Webb would like to request a variance and change that building line to 25 feet as shown on the replat from A&W Surveyors. Respectfully submitted, Tom Panno President Independence Custom Homes, Inc. 6114 Hunter Lane Colleyville, TX 76034 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 06/08/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the R40-Single FamilyResidential zoning district to the R20-Single Family Residential zoningdistrict on Lots 23A & 23D, Block 1, of the Westcoat Place Addition,located at 5805 Bettinger, Case ZC15-010 Explanation Sam Noel, the applicant, has submitted a request to change the zoning on 0.474 acres, located at 5805 Bettinger Drive. The applicant is requesting to rezone the property from the R-40 Single Family Residential zoning district to the R-20-Single Family Residential zoning district. The applicant is seeking a zoning change in order to reduce setbacks for future redevelopment. Existing Conditions. The subject property is currently platted as Lots 23A and 23D of the Westcoat Place Addition. A subsequent replat will be required in order to create a single lot and accommodate the construction of a new residence. The lot is 20,630 square feet in size and does not meet the R-40 zoning district’s minimum area of 40,000 square feet. The property presently contains a single family home. Statement of Planning Objectives. The applicant intends to demolish the existing residence and construct a new home. Lot Dimensions and Setbacks. Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-20 zoning regulations require a minimum lot size of 20,000 square feet with a minimum lot width of 100 feet and lot depth of 125 feet. The following additional standards are applicable to the R-20 zoning designation: Minimum Front Yard Setback: 30 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent The proposed conceptual plan does not meet the minimum standards of the Land Development Code for the R-20 zoning district, but would be in compliance once a replat is approved. Surrounding Development Trends. The properties to the north, south, and west are zoned R-40 Single Family Residential and developed with single family detached Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 homes. Land to the east is zoned R-15 Single Family Residential and R-20 Single Family Residential and developed with single family detached homes. Master Plan. The Future Land Use Plan designates the subject property for single family residential uses. The proposed rezoning is consistent with the Future Land Use Plan. Public Notification. Staff mailed notices to 13 property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, no correspondence has been received. Summary. The proposed zoning change is consistent with the Future Land Use Plan, which designates the subject property as single family residential uses. The existing lot is located near larger lots. Although the requested R-20 zoning is not the same as the majority of surrounding properties, the proposed designation is more consistent with the existing lot size of 0.474 acres (20,630 square feet). The requested zoning designation would continue to ensure the property does not increase in density. Staff recommends approval of the rezoning request. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Buffer Map 5.Notification List 6.Ordinance O-15-XXXX GALLANT CT RAINTREE CT CAPRIOLE C T 401 6301 206 5900 100 202 5816 108 104 5708 5808 5817 100 5806 104 6201 112 105 5704108 5904 201 5805 203 202 5909 200 5801 5908 201 201 109 5809 201 105 5901 5200 5813 204 112 5700 204 6001 5905 211 205 207 205 R-40 R-20 AG R-20 R-20 R-15PUD-R / Subject Property L. D. L O C K E T T R D BE T T I N G E R D R Location and Zoning Map CAPRIOLE C T 6301 202 104 100 5816 100 108 5808 206 5806 105 5900 5805 5801 5817 5708 109 5809 105 5813 104 401 112 201 6201 / Subject Property L. D. L O C K E T T R D BE T T I N G E R D R Aerial Legend Subject Property Parcels Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water 202 104 6301 100 100 105 5816 5805 108 5808 5801 5806 58175900 109 5809 105 5813 104201 / Subject Property L. D. L O C K E T T R D BE T T I N G E R D R Future Land Use Map BE T T I N G E R D R L. D. L O C K E T T R D Legend Properties within 200 feet Subject Property Parcels VALLE Y V I E W D R N GALLANT CT RAINTREE CT CAPRIOLE C T 401 6301 206 5900 5904 100 202 201 5816 108 104 5909 5708 108 5808 5817 104 5704 112 100 5806 112 6201 5200 101 5908 5913 116 201 203 5805 201 202 5801 5908 5901 5905 5700 200 6000 5909 5809 5916 204 105200 201 211 109 105 5813 105 204 200 6001 205 / Case ZC15-010 5805 Bettinger Drive L. D. LOCKETT RD Subject Property Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address BOX DON M ETAL 5801 BETTINGER DR COLLEYVILLE TX 76034 5801 BETTINGER DR REGION RONALD EARL PO BOX 822337 FORT WORTH TX 76137 5805 BETTINGER DR MILLER TRACY RAY 5806 BETTINGER DR Colleyville TX 76034 5806 BETTINGER DR ONCOR ELECTRIC DELIVERY CO LLC PO BOX 219071 DALLAS TX 75221 105 W L D LOCKETT RD BULLOCK PATRICIA 5808 BETTINGER DR COLLEYVILLE TX 76034 5808 BETTINGER DR STEPHENS JOE 5816 BETTINGER DR COLLEYVILLE TX 76034 5816 BETTINGER DR MONTGOMERY ROBERT G 202 W LD LOCKETT RD COLLEYVILLE TX 76034 202 W L D LOCKETT RD PRICE G 5817 BETTINGER DR COLLEYVILLE TX 76034 5817 BETTINGER DR GILLHAM LINDA 100 W LD LOCKETT RD COLLEYVILLE TX 76034 100 W L D LOCKETT RD ISHAK ASHRAF Z 104 W LD LOCKETT RD COLLEYVILLE TX 76034 104 W L D LOCKETT RD ELKINS J D 5809 BETTINGER DR COLLEYVILLE TX 76034 5809 BETTINGER DR PELTON LINDA A 5813 BETTINGER DR COLLEYVILLE TX 76034 5813 BETTINGER DR REGIONAL RAIL ROW CO PO BOX 660163 DALLAS TX 75266 6301 L D LOCKETT RD Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 State Law Req. Remington Park HOA 305 Polo Trail COLLEYVILLE TX 76034 Courtesy Notice Sam Noel 2404 Arbor Gate Lane Colleyville TX 76034 Applicant Public hearing notices were mailed Thurs., May 28, 2015 by Taci Wrisley Notification List ORDINANCE O-15-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.474 ACRES ON LOTS 23A AND 23D, BLOCK 1 OF THE WESTCOAT PLACE ADDITION, LOCATED AT 5805 BETTINGER DRIVE, FROM THE R-40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC15-010; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and 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 to, 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 Ordinance O-15-XXXX Page 2 of 3 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 0.474 acres on Lot 23A and 23D, Block 1 of the Westcoat Place Addition, located at 5805 Bettinger Drive, from the R-40-Single Family Residential zoning district to the R- 20-Single Family Residential zoning district, as depicted in the attached Exhibit “A” and Exhibit “B”. Sec. 3. 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. 4. 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. Sec. 5. 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 . Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all Ordinance O-15-XXXX Page 3 of 3 violations of this ordinance. Sec. 7. 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 7th day of July 2015. The second reading and public hearing being conducted on the 21st day of July 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ___________ day of _______________________ 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Location and Zoning Map R40 Exhibit “B” – Zoning Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 06/08/2015 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the AG-Agriculturalzoning district to the PUDR- Planned Unit Development Residential zoningdistrict on 2.62 acres of Abstract 1034 of the GW Minter Survey, located at 5017,5113, & 5201 Roberts Road, CaseZC15-011 (REQUEST TO BE TABLED) Explanation The applicant has requested that this item be tabled to the July 13, 2015 Planning and Zoning Commission meeting to allow additional preparation time. Staff will re-notify for the next public hearings. Recommendation Attachments 1.Aerial 2.Buffer Map 3.Notification List SHUMARD OAK LN A U B U R N D A L E A V E ROBER T S R D C H I N Q U APIN D R BUR OAK DR R O B E R T S R D P O S T O A K T R L C O P P E R G L E N C I R5049 5048 3745 5120 5126 5126 50683761 5016 3744 37503760 5123 5148 3698 50535024 5049 5040 5044 5020 0 0 0 5004 5001 5064 5000 5060 5065 5056 5061 5005 5069 5057 50325028 5036 5009 5013 37813777 5008 5012 5017 5052 3704 5138 5120 5205 5201 5101 5105 5136 3757 37653769 3773 5017 3701 51145121 5125 3740 3772 5132 5137 5144 371237003708 5140 5060 5132 5064 5102 2693 3708 5300 5133 5149 3764 51093768 5110 5113 3800380438083812 5134 5128 5100 5106 5129 5134 3720 3728 3820 3828 5138 3748 5133 51415137 3716 510451085112 5116 5130 3724 3732 3816 3824 3832 5124 5142 5008 5113 5013 5105 5109 5101 5017 5009 5104 5004 5000 5207 5108 5117 4190 5008 5100 5112 5113 5005 5001 5066 5062 5070 5058 3705 3776 5121 3736 5072 Aerial Legend Properties within 200 feet Subject Properties Parcels R O B E R T S R D FOX MEADOWS DR BUR OAK DR PO S T O A K T R L HE R I T A G E A V E BLACKJACK OAK DR COPPERGL E N C I R QU E E N S B U R Y WA Y E GATEWAY DR C H I N Q U APIN D R H E R I T A G E O A K S D R FOX GLEN DR H E R I T A G E O A K S D R BU G L E L N A U B U R N D A L E A V E RO B E R T S R D SHUMARD OAK LN AMBERLEYCT EV E R S H A M CT HUNTINGTON DR FOX GLEN DR MA R T I N P K W Y ROTHS C H I L D HE R I T A G E A V E 0 5300 5008 5008 5401 3400 5311 0 5260 3408 5317 5309 5303 0 3708 3830 4908 00 0 5313 5049 0 0 0 0 0 5205 00 0 0 00 000 0 0 0 0 0 0 00 0 0 0 0 000 3801 5017 0 5207 0 5201 3711 0 0 0 0 5112 3801 0 0 00 0 0 0 0 0 0 0 3507 5117 5201 3900 5113 0 3608 3612 0 4904 4916 5209 5203 4912 5000 5017 5101 5013 4905 5004 5105 5009 5016 5104 5109 5100 5008 5108 5012 5001 5005 3809 5203 4904 5307 5205 3916 0 5113 5101 3404 3406 5044 5123 3408 5126 3404 3509 3510 5110 5201 4906 3503 3410 3511 35053501 4906 3402 5005 5121 4907 3411 3506 35053507 3504 3501 350834043500 5148 3502 3503 3509 3409 3403 5069 5001 3405 3405 3407 35063508351035005305 5001 5020 3805 5024 5017 5120 5013500950045060505650525057 5032 50085012 5036 50615065 5016 3740 3913 3701 5138 39053760 5056 3901 5062 3705 50685066 3933 505450585053 5137 3930 5140 5058 5120 3720 38083812 39083724383651423700 0 3732 50004190 3704 3824 5209 0 0 3704 3716 0 3842 00 0 / Case ZC15-0115017, 5113, 5201 Roberts Rd Subject Properties L. D. L O C K E T T R D City of Grapevine Buffer Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address COLEMAN GARY S 5120 POST OAK TR Colleyville TX 76034 5120 POST OAK TR SCRIBNER DEANA PO BOX 768 Colleyville TX 76034 5201 ROBERTS RD ARNOLD THOMAS A 5205 ROBERTS RD Colleyville TX 76034 5205 ROBERTS RD SAUER KENNETH WILLIAM 5017 ROBERTS RD Colleyville TX 76034 5017 ROBERTS RD SINGH VINITA H 3740 SHUMARD OAK LN Colleyville TX 76034 3740 SHUMARD OAK LN CHITKARA JAIDEEP 3701 POST OAK TR Colleyville TX 76034 3701 POST OAK TR REINCE KEVIN 6412 TIMBER RDG EDINA MN 55439 5134 POST OAK TR WALL LARRY 5132 POST OAK TR Colleyville TX 76034 5132 POST OAK TR LEGATES SHEILA E 5128 POST OAK TRL Colleyville TX 76034 5128 POST OAK TR PLEASANT GLADE BAPTIST CHURCH 3708 GLADE RD Colleyville TX 76034 3708 GLADE RD CHAPMAN PHILLIP H 5100 POST OAK TR Colleyville TX 76034 5100 POST OAK TR LAYER DONNA J 5104 POST OAK TR Colleyville TX 76034 5104 POST OAK TR SHABAY PAUL 5108 POST OAK TR Colleyville TX 76034 5108 POST OAK TR STOVALL JIMMY 5112 POST OAK TR Colleyville TX 76034 5112 POST OAK TR SIMINSKI JAMES THOMAS 5116 POST OAK TR Colleyville TX 76034 5116 POST OAK TR HART BILLY 5124 POST OAK TR Colleyville TX 76034 5124 POST OAK TR BRYANT LYNN W 5138 POST OAK TR Colleyville TX 76034 5138 POST OAK TR KRIEGHBAUM DAVID PO BOX 459 PORT ISABEL TX 78578 5142 POST OAK TR COVENANT CHURCH 2660 E TRINITY MILLS RD Carrollton TX 75006 5008 ROBERTS RD LECOCQ JAMES GARY PO BOX 2032 Colleyville TX 76034 5113 ROBERTS RD PRAZAK JOHN B 5207 ROBERTS RD Colleyville TX 76034 5207 ROBERTS RD BRYANT STEVEN W 5058 POST OAK TR Colleyville TX 76034 5058 POST OAK TR PHIPPS REBECCA C 5062 POST OAK TR Colleyville TX 76034 5062 POST OAK TR SOKHEY SIMREN S 5066 POST OAK TRL Colleyville TX 76034 5066 POST OAK TR HASTINGS DORIS 5070 POST OAK TR Colleyville TX 76034 5070 POST OAK TR WEAKLEY JERRY 5016 COPPERGLEN CIR Colleyville TX 76034 5016 COPPERGLEN CIR BENDER JEFFERY 5020 COPPERGLEN CIR Colleyville TX 76034 5020 COPPERGLEN CIR MDC-HERITAGE OAKS ESTATES LTD 545 E John Carpenter Fwy #1500 Irving TX 75062 003736 Shumard Oak Ln Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 State Law Req. Heritage Glen HOA 5105 Auburndale Ave Colleyville TX 76034 Courtesy Notice Fox Meadows HOA 5301 Bugle Lane Colleyville TX 76034 Courtesy Notice Prestwick Park HOA 4912 Prestwick Drive Colleyville TX 76034 Courtesy Notice Colleyville Assoc Heritage Oak 1108 Pioneer Pkwy Arlington TX 76013 Courtesy Notice Steve Isbell 4209 Gateway Dr., Ste 200 Colleyville TX 76034 Applicant Public hearing notices were mailed Thurs., May 28, 2015 by Taci Wrisley Notification List