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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/13/2006 city or l'exas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, March 13, 2006 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING. ZONING. PLATTING. AND LAND USE ISSUES REVIEW OF REGULAR AGENDA ITEMS 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 Commissioner Byerly INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 27,2006 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS Planning and Zoning Commission Agenda - March 13, 2006 Page 1 of 2 PUBLIC HEARING AGENDA ITEMS 1. Case Z-06-003 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R20-Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates Addition located at 1304 Tinker Road 2. Case Z-06-004 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R40-Single Family Residential on 3.16 acres out of the T. White Survey located at 6208 L.D. Lockett Road 3. Case Z-06-005 - PUBLIC HEARING - Request for a Special Use Permit for an accessory building on Lot 3R1, Block 1 of the Pleasant Oaks Estates Addition located at 601 Shelton Drive STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and zon~stant Posted: Thursday, March 9, 2006 by 4:30 p.m. Planning and Zoning Commission Agenda - March 13, 2006 Page 2 of 2 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - February 27, 2006 CALL TO ORDER Chairman Byerly called the meeti Commissioner B hearing items. ROLL CALL Present: Commissioners, Dudziak, Mary Taylor, De . Absent: Thomas Bartk Barry LeBaron present. The invoc McCormick were INVOCATION ioner PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak stated wanting page 6: City Attorney Matthew regulations would pr their own specific Commission has a al ro mmission's rules and d Zoning Commission came up with udziak stated the Texas Railroad ry 13, 2006 meeting minutes with udziak seconded. d the regular agenda item to be heard after the public PUBLIC HEARING AGENDA ITEMS 2. Case P-06-011 - Final Plat of Lot 1, Block 1, Central Fire Station Addition, being a replat of Lot 1, Block 1 Rice Addition and 2.56 acres in the J. M. Looney Survey, Abstract 936, located at 5209 Colleyville Boulevard Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:12 P.M. Planning & Zoning Commission Minutes - February 27, 2006 - Page 1 of 3 B The Aye: M Nay: Non There being no one wishing to speak, the public hearing was closed at 7:12 P.M. Commissioner Duffy questioned Fire Chief Mike Johnston if this fire station will have sleeping quarters just like the one on Hall Johnson? Chief Johnston replied yes. Commissioner Duffy questioned how many trucks would be at this station? Chief Johnston replied one engine, an ambulance and in the future a ladder truck. This station will house up to 8 personnel plus the administrative staff. Commissioner Duffy made motion to approve case P-06-0 seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, D Nay: None 3. Case Z-06-002- Request for a zo Single Family Residential to R20 S the S.C.H. Witten Survey located at 51 Chris Fuller presented the case an briefed the C Commissioner Byerly opened the David Staley, 3435 Finley Commissioners. There being no one Commissioner D four lot develo feet, they may station. the closed at 7:15 P.M. if the plat will be large enough to hold a the lots may not be the 20,000 square are residential, the fourth being the fire y the following vote: Taylor, Blassingame, Duffy, Byerly EMS 1. Case P-O 010 - Minor plat for Pool Vista Addition on 5.6 acres, located in the 5100 and 5200 Blocks of Pool Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff if all of the land negotiations have been made? Paul Frederiksen, Assistant City Manager, replied Council has approved an exchange agreement with the owner. Planning & Zoning Commission Minutes - February 27, 2006 Page 2 of 3 Commissioner Dudziak made motion to approve case P-06-010. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly Nay: None Respectfully Submitted, STAFF REPORTS Barry LeBaron told the Commissioners a workshop will March. COMMISSIONER COMMENTS Commissioner McCormick stated he would be ou ADJOURNMENT The Commission adjourned the meeting at Amy Shelley Planning and Zoning Assistant Approved on: ----------------- Planning & Zoning Commission Minutes - February 27, 2006 Page 3 of 3 .~ P~ING&ZONINGCOMM~MON AGENDA BRIEFING Texas Meeting Date: i March 13,2006 I Prepared by: I Chris Fuller I Develooment Coordinator I Z-06-003 - Request for a zoning change from AG-Agricultural to Subject: I R20-Single Family Residential on 3 acres on Lot 1, Block 1 of the I Wilson Estates Addition located at 1304 Tinker Road STAFF REVIEW COMMENTS Michael and Nancy Dotti are the owners of 3 acres of land located on the north side of Tinker Road, on the west side of Ponderosa Lane. The property is currently zoned AG- Agricultu ral. Request. Rezone from AG-Agricultural to R20-Single Family Residential. Location. This is a 3 acre parcel of property located at 1304 Tinker Road. Platting. The property is platted. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses in this district. Surrounding Development Trends. The surrounding properties are single family residential uses. The property to the north is zoned AG-Agricultural and is undeveloped. Property to the south is zoned R40-Single Family Residential and is developed with a single family residence. Property to the west is zoned AG-Agricultural and is developed with a single family residence. The property to the east is zoned R20- Single Family Residential and is developed with a single family residence. Lot Sizes. The R20-Single Family Residential zoning district requires a minimum lot size of 20,000 square feet with a minimum 100 feet of street frontage. The size of the proposed lots will be determined at the time of platting. The site is sufficiently large enough to accommodate a six lot development. Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be four feet wide. 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 Agenda Item No.1 - Page 1 day, on average. Based on this average, the six proposed residences would add approximately 57 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to nine 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. One letter in opposition to the request has been received and is attached to this agenda briefing. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: March 13, 2006 April 4 and 18, 2006 RECOMMENDATION Approval ATTACHMENTS . Location and Zoning Map . List of Property Owners Notified . Letter in Opposition Dated March 8, 2006 . Draft Ordinance Agenda Item No.1 - Page 2 Location and Zoning Map Agenda Item No.2 - Page 3 Tinker, Annie Est 513 Leta Ln. Colleyville, TX 76034 Harden, Tommy E. 6450 Caldwell Hughes Rd. Colleyville, TX 76034 Rice, Robert R Etux Carolyn K 1305 Tinker Rd. Colleyville, TX 76034 z-oe-003 List of Property Owners Notified Dean Decavitte Properties Lp. PO Box 723 Colleyville, TX 76034 Jenkins, Gary D Etux Barbara 1212 Tinker Rd. Colleyville, TX 76034 Serra, Phil M Etux Rachel J 6500 Caldwell Hughes Rd. Colleyville, TX 76034 Dotti, Michael & Nancy E. 1310 Tinker Rd. Colleyville, TX 76034 Kralich, Jeff Etux Sue 1309 Tinker Rd. Colleyville, TX 76034 Stowe, Dale Etux Lynette 1304 Tinker Rd. Colleyville, TX 76034 Agenda Item No.2 - Page 4 Letter in Opposition Dated March 8, 2006 Dean DeCavitte P.O. Box 723 Colleyville, TX 76034 March 8, 2006 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 RE: P & Z Case No. Z-06-003 Planning and Zoning Commission: In regard to the case number referenced above, please consider my written comments, as I am uncertain as to whether or not I will be able to attend, in person, the P & Z meeting on Monday, March 13,2006. I will be traveling back to DFW on Monday the 13th. I am the owner of the property directly across the street (Lots 1 and 2 of Pine Hill Estates) from the proposed zoning change request, and am currently building my personal home at 1209 Tinker Road on 1.1 Acres on Lot 1 of Pine Hill Estates. Lot 2, which is currently vacant is a 1.0 acre lot. As a current resident of Colleyville at 906 Hardage Lane and a custom home builder in the community, my family and I have a concern for the development ofColleyville and a vested interest in the preservation ofColleyville's "small town" rural feel. Considering that Tinker Road is a minor collector road for Colleyville, very similar to Pleasant Run or John McCain and having requested a zoning change myself to R40 for the 2 lots of Pine Hill Estates mentioned earlier on Tinker Road, and knowing that most or all of the properties on Tinker Road are % acre or larger, I would be opposed to the approval ofR20 for the subject property for any reason. However, since the subject property is 3 acres, I would not be opposed to an R40 zoning. RECEIVED MAR 0 92006 Per ..-.......-..._.1 ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 3 ACRES LOCATED AT LOT 1, BLOCK 1 OF THE WILSON ESTATES ADDITION, FROM THE AG AGRICULTURAL TO R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Michael and Nancy Dotti on February 9, 2006, under Case No. Z-06-003; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. 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 city or ccen~ PLANNING & ZONING COMMISSION AGENDA BRIEFING l"exas Meeting Date: March 13, 2006 I Prepared by: I Barry LeBaron i Development Director Z-06-004 - Request for a zoning change from AG-Agricultural to Subject: R40-Single Family Residential on 3.16 acres out of the T. White Survey located at 6208 L.D. Lockett Road STAFF REVIEW COMMENTS Rachel Whittlesey is the owner of 3.16 acres of land located on the north side of L.D. Lockett Road, on the east side of White Drive. The property is currently zoned AG- Agricultu ral. Request. Rezone from AG-Agricultural to R40-Single Family Residential. Location. This is a 3.16 acre parcel of property located at 6208 L.D. Lockett Road. Platting. The property is not platted. There is an existing single family dwelling on the property. The property owner has indicated plans to subsequently plat the property into two lots upon approval of the rezoning request. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R40 zoning district. The R40 zoning district requires a minimum lot area of 40,000 square feet and lot depth of 150-feet. However, the R40 zoning district requires 150-feet of lot frontage. At the time of platting, the property will only have 221 feet of frontage along L.D. Lockett Road, which is not sufficient to allow the subdivision of the property into two lots that conform to the R40 standards. The property owner has submitted a conceptual layout of the property, which shows two residential lots. Lot 2 exceeds the R40 lot frontage requirement. Lot 1 has a lot frontage width of 30 feet, which is 120-feet less than the minimum 150-foot requirement. In addition, Lot 1 will be classified as a "flag lot" and approval of a subsequent plat of the property will require approval of a waiver of this regulation at the time of platting. The property owner has been renovating the existing residence on the property and intends to ultimately construct their new home on what will become Lot 1 . The owner indicates they prefer the R40 zoning district because it allows the eventual construction of an estate home on both lots, which is a goal of the Master Plan for properties fronting on the major roadway network, such as L. D. Lockett Road. The applicant is requesting waivers of the lot frontage requirement and flag lot provision. Approval of the rezoning request does not constitute approval of the proposed lot layout. However, the property owner would like to obtain a level of comfort that the Agenda Item No.2 - Page 1 Commission would have no problem considering a plat configured as proposed in this submittal. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This request appears to be consistent with the following goals and objectives of the Master Plan.: . Continue development of luxury residential areas while maintaining the "country feel" along major collector streets. . Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots. . Encourage large single lot development on major thoroughfares as "estate" properties. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the south, north and west are zoned AG- Agricultural and are currently developed as single family residences. The properties to the east are zoned R30-Single Family Residential, and consist of single family residences. Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Public Notification. Staff mailed notices to nine adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 13, 2006 City Council: April 4 and 18, 2006 Agenda Item No.2 - Page 2 RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · List of Property Owners Notified · Proposed Lot Layout · Development Review Committee Letter · Applicant's Response Letter · Draft Ordinance Agenda Item No.2 - Page 3 Zoning and Location Map D NORTH List of Property Owners Notified Rachel Whittlesey 6208 LD Lockett Rd. Colleyville, TX 76034 Darrow, Kenneth R Etux Cheryl PO Box 1806 Colleyville, TX 76034 Doody, Kevin 1109 Somerset Blvd. Colleyville, TX 76034 Garrison, Daniel A 6401 Westcoat Dr. Colleyville, TX 76034 Haenke, Richard F & Margarita 6408 Cutter Ridge Ct. Colleyville, TX 76034 Kramer, Paul Etux Rebecca 312 White Dr. Colleyville, TX 76034 Lykins, Debbie 6204 LD Lockett Rd. Colleyville, TX 76034 Markwood, Stacy Etvir Brian 6212 LD Lockett Rd. Colleyville, TX 76034 Pruett, Rebecca J. 6208 LD Lockett Rd. Colleyville, TX 76034 Z-06-004 Proposed Lot Layout ~~T I (.l\\'S'H'~ ,r>AN'!J_'I;-(,AAAt..~~ ~(i..~~Y~:~I~r _ )l\J'~11!$~~ tNIl)lF.f... ~ _. _ _ ~..<:\rn't)l.J,:t.\>;k.l'';.1". u;;f:>~1.D~d:,.:\~fQ. 'tJ.~tf,,\\..},.l;~ :wJlD ... }.,;'- ,,,,,,,,,-''''. ~_14l ~'lt-~ +- f'~Ol:O-tlOTii. \ 1 I \ I \ I \ \ \ \ , \ , \ , \ , I \ \ \ \ \ \ \ , \ \ I \ \ \ \ -~~~ ~. .~ ~~a i8~ a~5! ,.r~~ gi~ ,z.(~ ~.~~ 5 ~ ~.. ::> Field Note Deseription I,OT l PPSo., toT -~ a9,Z'8+ SF ~I..~ I~~ Ii ~ ..i ~~ ~~ ~ <:l" ,.,2 ~~ R ~. 3.1601 ACRES .n1..U~_3'.. (JWM'Jt _ S(.'{>H l1()ttNi<7n lOO,fl\clml. WUff'ltf.:Sf_" tX.lr;..Ml.l~11w.nlt.r.C.T CUl8ElIT _ - Nl ,,1$ 'us( - 8L'%.1(Hl~ ~ ZONING - R-,ro THENCBSoWi 02~,l.'lIlt.iUaUZOO.teC'Undl [iAsl widlrbe~u~y~"y ~"f $aid Dtl:De'lt(!',tCl_ it.&l,with lht, wt$ittly \'.'o.1~y lint-t:J€ u.i4Blook J {In.: k>;i:$ cl-bwirt8*tlt-1bc;;~m:dusqibtt4 ttw}. pa1-~- At 6a9,1!)9 f:tl ~ 5,."8: inch 'd.t.h:m$l ccmwfof mJIik.d: l inchcariped.tted t<>d~~ $*,d'8uri~u tm't; .t.'l'Uhud of LH. 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Nr\'cyCdby' ~uak ,StaytYUD:. lnc.. bt&j) tuontb d1*Wy 2006. ~._,...... ......-. ..'~.. -.j51;....-.-. ......".-.. ..... tor:.>: PPSO tor 2 <W.OOO+ Sf ~ z ~ .... ..*.. ...,.- A louing Exhibit showing 3.1601 AC OF LAND our OF THE JOSEPH 'WHITE SURVEY, ABSTRACT Nt} 1692 SfIUATIID IN TIlECITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS ($tJi fiELD NOTE D1:SCRllTlO:~} ..... .. *.. ..... }g $ '" ~ 18 ~ ~ ~ ~ ~ ~ ~r' I~ ~~ ~'1 ...........t...~ \~'1;,\ ~;~~ .f>),;:v' /f~ / .//" j 2S'j ; / / I !/ V REOUESIING A ZONING CHANGE fROM N; 10 R-,ro I hln'Oy eatiry IMI'tht~pW :iu!t~n:prcs:tlftUrtjooof$O.~l~rt~(Nld~ $~:li1is dtic'~tr4' ~,",orth~~\1~bod flac1.and ;be.00uI:tdIryIM..co;~anddilJ~usio(J5 s~'1t~.jj~kNllitldtha\thi~~'!:'ft:...r~-~ilhlbcP:t;)f~I_tTl".cllllk.1S~ttb~ ttm T~t(as,nonrda(rrof"C$$iaiW 1Ar.d Sl)t\.-eyillj PtaCt~ Ad rt'~ tll $cpianbCr(Jf2O(t.>, h~ci1 O.Rawli$,-R...P,LS, N().56t.i~ e . o i ~ Development Review Committee Letter DEVELOPMENT REVIEW COMMITTEE DATE February 20,2006 TO Jason Rawlings FAX 817.282.0401 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-004 6208 LD Lockett Rd - AG to R40 The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. No Changes are Required for the Zoning Exhibit. Please Acknowledge the Following Information in Your Response Letter: 1. Pending approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R40 zoning district. 3. This comment will not affect the rezoning request, however, the proposed Lot 1 does not meet the R40 lot width requirement. This will need to be addressed when the property is platted. 4. This comment will not affect the rezoning request, however, the proposed Lot 1 will require the creation of a flag lot. This will need to be addressed when the property is platted. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. 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 use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. 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 PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be 4 feet wide. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 13,2006,7:00 p.m. Tuesday, April 4 and April 18, 2006, 7:30 p.m. RESUBMITT AL REQUIREMENTS · A response letter addressing the DRC comments. Submit the information per the above comments by no later than Wednesday, March 8, 2006. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. Cc: DEVELOPMENT REVIEW COMMITTEE Applicant's Response Letter ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 3.16 ACRES OUT OF THE T. WHITE SURVEY LOCATED AT 6208 L.D. LOCKETT ROAD, FROM THE AG AGRICULTURAL TO R40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Rachel Whittlesey on February 13, 2006, under Case No. Z-06-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. 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 EXHIBIT B .~ PLANNING&ZONINGCOMM~MON AGENDA BRIEFING TexaS Meeting Date: I March 13, 2006 I Prepared by: I Chris Fuller ! i Development Coordinator Z-06-005 - PUBLIC HEARING -Special Use Permit for an Subject: accessory building on Lot 3R1, Block 1 of the Pleasant Oaks Estates Addition located at 601 Shelton Drive I Staff Review Comments Request. Special Use Permit (SUP) for an accessory building Proposed Use. The applicant has submitted a request to construct an accessory building that exceeds the maximum square footage regulations per the Land Development Code. The Land Development Code regulates the combined maximum square footage of all accessory buildings on a property. The maximum square footage of all accessory buildings is based on the size of the subject property. Existing Conditions. The property is currently used for single family residential purposes. The property contains an existing house, a swimming pool, a 622-square foot detached garage and a 100-square foot accessory building. The property is located within the R40-Single-Family Residential zoning district. Location. This is a 2.5-acre parcel of property located at 601 Shelton Drive. Platting. The property is platted. Adjacent Zoning and Development. The surrounding properties consist of single family residential zoning designations. The properties on all sides are zoned R40 and are developed as single family residences. Development Analysis. The accessory building regulations are contained in Chapter 3 of the Land Development Code. The maximum size of accessory buildings is based on the size of the lot where the proposed accessory building will be located. The size of the subject property for this request is 2.5 acres. The Land Development Code permits a combined total of 1,750 square feet of accessory buildings on a property of this size. The size of the proposed accessory building is 2,548 square feet. In addition, there is an existing 622-square foot detached garage and a 100-square foot accessory building on the property. Therefore, the proposed request exceeds the maximum square footage requirement by 1,520 square feet. If the SUP request is approved, the total combined square footage of all accessory buildings on the property will be 3,270 square feet. The proposed building location is 115-feet from the front yard property line and the proposed building height is 25-feet, which the applicant asserts is lower than the Agenda Item No.3 - Page 1 existing residence. The applicant submitted a statement of planning objectives that describes the proposed accessory building as a steel barn/storage unit with austin stone wrapping on three sides. One of the concerns generally associated with a large accessory building is the potential for generating objectionable uses. Large accessory buildings frequently become used for commercial related uses that create nuisances within a neighborhood. The applicant states that the structure will be used to store personal effects (boat, jet skis, vehicles, utility trailer, Christmas decorations, etc.), for the housing and care of two horses, and will not be used for any commercial purposes. The applicant previously applied for a Special Use Permit for a 3,000 square foot detached garage, which was unanimously denied by the Planning and Zoning Commission on July 23, 2001. Attached is a copy of the minutes from the July 23, 2001, Planning and Zoning Commission meeting regarding this item. Public Notification. Staff mailed notices to ten adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Public Hearing Schedule. Planning & Zoning Commission: March 13, 2006 City Council: April 4 and 18, 2006 Recommendation Staff recommends denial of the rezoning request due to technical non-compliance with the regulations contained in the Land Development Code. Attachments · Zoning and Location Map · Aerial Photos · List of Property Owners Notified · Development Review Committee Memo . Applicant's Response Dated February 10, 2006 · Information and Drawings from Applicant . Planning and Zoning Commission Meeting Minutes Dated July 23, 2001 · Draft Ordinance Agenda Item No.3 - Page 2 Zoning and Location Map Aerial Photos Photo 1: View of Subject Property from the south. Photo 2: View of Subject Property from the north. Z-06-005 Gleason, James T. 600 Beverly Dr. Colleyville, TX 76034 Quinn, Garry L Etux Helen J 511 Shelton Dr. Colleyville, TX 76034 Stephens, Billy G Etux Dinah 612 Shelton Dr. Colleyville, TX 76034 List of Property Owners Notified Childress, John Etux Christina 512 Beverly Dr. Colleyville, TX 76034 Kramer-McCrary Development Lp. 312 White Dr. Colleyville, TX 76034 Rettig, Mary K Etvir Howard A PO Box 17 Colleyville, TX 76034 Vanderpool, Jeff 601 Shelton Dr. Colleyville, TX 76034 Chism, 0 Leroy 3754 Tamarack Ct. Fort Worth, TX 76116 Lothrop, William & Beverly 607 Shelton Dr. Colleyville, TX 76034 Rimmer, Harry L III Etux Pegee 508 Beverty Dr. Colleyville, TX 76034 Yaffa, Larry 608 Shelton Dr. Colleyville, TX 76034 Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE DATE February 20,2006 FAX TO JEFF VANDERPOOL FAX NO 817.577.5564 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-005 601 Shelton Dr -- SUP The Colleyville Development Review Committee (DRC) has reviewed your request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. What is the height of the structure at its tallest point? 2. What is the square footage of the existing accessory structure located at the southeast corner of the property?: 3. What is the square footage of the existing detached garage? 4. The proposed fence location is not an item that is considered with a specific use permit request. A Zoning Board of Adjustment variance request will be required to build a perimeter fence on the property line that is greater than thirty (30) inches in height or greater than twenty-five (25) percent solid construction. 5. Provide a statement of planning objectives to be achieved in the land use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices_made by the applicant, including use and ownership of open spaces, etc. 6. Provide a development schedule, if any, indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases can be expected to begin and be completed, to the best of the applicant's knowledge and belief. 7. No changes to the drawings are required. 8. Accessory buildings may not be used for commercial purposes, other than those uses permitted under the home occupation regulations or zoning regulations. These regulations are contained in Chapter 3 of the Colleyville Land Development Code. The Code is available on-line at http://www.collevville.com/developmentlcode.asp . PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 13,2006, 7:00 p.m. Tuesday, April 4 and April 18, 2006, 7:30 p.m. RESUBMITT AL REQUIREMENTS . Provide the height of the structure. The above requested items must be submitted no later than noon on Wednesday, March 8, 2006 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at fullerc@cLcollevville.tx.us or 817.503.1054 if you have any questions. Jeff Applicant's Response From: Jeff Vanderpool Sent: Monday, February 20,20063:40 PM To: Chris Fuller Subject: Z-06-005 601 Shelton Drive SUP Chris: Per your fax today: 1. Total overall height of the structure will be approximately 25' (lower than the existing residence) 2. Square footage of the accessory building on the southeast corner: Approximately 100 sq ft. 3. Square footage of the existing detached garage: 622 sq ft. 4. Perimeter fence: Shown for informational purposes only. Will not exceed minimal requirements for a variance. 5. Planning objectives: Applicant wishes to build a steel barn/storage unit on the property, which is currently zoned as R-40. Care has been taken in the design of the structure to provide for an aesthetically pleasing (but utilitarian) building, incorporating design features such as enclosed roof overhangs, simulated divided-light windows, porticos on the east and west sides, details around overhead doors, a slightly higher roof pitch, and Austin stone wrapping the building on three sides. The structure is intended exclusively for non-commercial use to store the applicant's personal effects (boat, jet skis, vehicles, utility trailer, Christmas decorations, etc.) and for the housing and care of two horses. A half-bath is included for convenience. The proposed position of the structure takes into account the open spaces on the property, allowing for as much grazing area as possible, fitting into the general nature of the R-40 surrounding property (Le. horses to the west and northwest, longhorn steer to the east, and goats to the south). This position also allows for significant backset from the street to allow for open space on the front of the property. 6. Development schedule - It is anticipated that, upon approval, final engineering details, drawings, fabrication and construction will require approximately six months. 7. No drawing changes required. 8. Commercial use - Per the City of Colleyville Land Development Code, there will be no commercial use of this structure. As outlined above, it is intended only for personal use of the Applicant. If you have any other questions or comments, please feel free to call me at 817.498.4719, or email toiv.comm1@sbcQlobal.net. Thanks for your help, l Information and Drawings from Applicant : , t f I I J I . q N -0 I 2548 ft barn Not to scae II !J II, III ~ ......,.. i 1-0- r.... x aa c I i ~ . wi lJ ~ i ~ II It; ;1 Planning & Zoning Commission Minutes - July 23, 2001 Page 1 of8-Approved on 08113101 Chairman Hart called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on July 23,2001. Roll Call: Present: Tom Hart, Jo Ann Gasper, Luann Edwards, Earl Swift, Mark Hollis, Jeff Wall, Bryan Hill [Note: Earl Swift was sworn in as Commissioner, Place 2 at the CIAC meeting that took place at 6:00 p.m.] Barry LeBaron, Clayton Husband, Jan Levy Staff: Invocation: Commissioner Gasper Approval of Minutes: July 9, 2001 Commissioner Gasper moved to approve the minutes as amended to expand the dialog on item #3 and add the second and vote on item #5. Commissioner Hill seconded the motion. The vote being: Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart Noes: None 1. A Minor Plat of Stewart's Grove requested by Larry Stewart, 2.00 acres located at 5201 Montclair Drive. Case P-01-020 Clayton Husband presented the case and reviewed the staff briefing. Commissioner Gasper moved to approve the minor plat, Case P-01-020. Commissioner Hill seconded the motion. The vote being: Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart Noes: None 2. A Final Plat of Heritage Glen Addition requested by Matt Torbit, Mady Development Corp., 10.0 acres located at 3508 Glade Road. Case P-01-021 Clayton Husband presented the case and reviewed the staff briefing. Commissioner Gasper said that the ordinance required Leyland spruce trees to be planted on 15' centers. She said that in the future they need to look at how realistic planting requirements are because Leyland spruce trees at maturity are larger than 15' centers. Commissioner Gasper said that they need to look at mature measurements to assure the health of the trees. Barry LeBaron asked the Commission to require a note on the final plat that all units must contain an automatic fire sprinkler system. He said that this would assure that the regulation is told to prospective buyers when the title work is done prior to purchase. Planning & Zoning Commission Minutes - July 23, 2001 Page 2 of 8- Approved on 08113101 Commissioner Gasper moved to approve the final plat of Heritage Glen Addition with the addition of the note regarding the requirement for automatic fire sprinkler systems being noted on the plat, Case P-01-021. Commissioner Hollis seconded the motion. The vote being: Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart Noes: None 3. An Amended Plat of The Villas of Caldwell's Creek requested by Raman Chandler, located on the south side of John McCain Road near Colleyville Blvd. Case P-01-012 Clayton Husband presented the case and reviewed the staff briefing. Commissioner Gasper asked if the change in the easements would have an adverse affect on the drainage. Mr. Husband responded that it would not. Commissioner Gasper moved to approve the amended plat of The Villas of Caldwell's Creek, Case P-01-012. Commissioner Swift seconded the motion. The vote being: Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart Noes: None -* 4. PUBLIC HEARING - A Special Use Permit for an Accessory Building requested by Jeff Vanderpool, located at 601 Shelton Drive. Case Z-01-019 Clayton Husband presented the case and reviewed the staff briefing. Commissioner Gasper asked if a super majority vote by the Council would be triggered because of the number of signatures in opposition that were presented in the form of a petition if the Commission recommend approval of the request. Staff responded that the calculations have not been done on the project because it would need to be done for the City Council public hearing and does not impact the vote by the Commission. Commissioner Gasper asked what the maximum square footage of the total accessory buildings allowed is on this size of property. Clayton Husband answered that the 1,750 square feet would be the total allowed for all of the accessory building sizes combined. He said that they already had an existing garage that is 600 square feet and they are proposing a 3,000 s.f. garage. Commissioner Swift asked what is the potential use and purpose of the building? Clayton Husband said that the applicant is best suited to answer those questions. Chairman Hart opened the public hearing and asked the applicant or the applicant's representative to speak first. Jeff Bodily, 2106 Vintage Court, McKinney, Texas, was present to represent the case. He said that he could not address the drainage issues. He said that the property was recently purchased during the end of April and the small 600 s.f. garage is the only accessory building one the property. Commissioner Swift said that there are four garages, being two bays in the main dwelling and two bays in the accessory garage. -.. .-.---.--- . -.... .__._.,"--------_._.__._",-~_..._<'~-_...._....._.-..- --~"" Planning & Zoning Commission Minutes - July 23, 2001 Page 3 of 8- Approved on 08113101 Jeff Bodily said that one of the issues that have been raised is the intended use of the building. He said that there is a lot of remodeling being done to the inside of the house and the concern expressed about the expansion of woodworking operation is not true. He said that there is no intention to and the owner of the property is a non-participating owner of a custom mill workshop in Dallas, but the structure being proposed is solely for storage of automobiles and watercraft. He said there would be no woodworking machinery stored in the building. Jeff Bodily said that the existing accessory building was constructed in such a way that even though it has two bays, the internal configuration only allows one vehicle to be placed inside. He said that it has a sloped roofline on one side. He said that the proposal is so that the owner can accommodate the other vehicles he has. Commissioner Gasper asked for clarification on the number of accessory buildings currently on the lot, excluding the house. Jeff Bodily said that there is just one, the small 600 s.f. on that is located northwest of the existing house. Jim Gleason, 600 Beverly Drive, said that the owner has four garages already. He said that the doors look like double garage doors on the proposed building, which makes it 9 garage doors. He said that even if he put five cars in the proposed building what would be done with the remaining 1,500 to 2,000 s.f.? He said that it appears to him that they will run some sort of a business out of there and he is very concerned about it. He said that he doesn't understand why the applicant would need 3,000 sJ. of building with three separate drains for a five car building. He said that it is a business waiting to happen. Mr. Gleason said that even if the applicant is a car aficionado, and he needs to fill the building with twenty cars, if the property is sold in two years, the next old boy will put a business in the building. He said that the neighbors would have a heck of a time removing the business. Bill Lothrop, 607 Shelton Drive, to the east of the property. He said that he has issues with the building size is just short of 3,000 s.f. and a typical two car garage is approximately 400 s.f. Mr. Lothrop said that in his opinion the request is substantial. He said that square footage of the building and the flat work, that is driveway area and parking area equal to or greater than the building itself, create substantial runoff on the neighboring property. Mr. Lothrop said that everything on the street creates water that runs downhill from west to east and the neighborhood has had substantial issues with water in the past. He said that they are concerned about the amount of water runoff that will be created by the amount of flat work and the damage it could do to the property nearby. Mr. Lothrop said that the make up of the building being 3,000 s.f. of metal gives the appearance of a commercial building. The building is larger in size that the Stowe Automotive building on Pleasant Run Road and it will give the concept of a commercial building in a residential neighborhood. Mr. Lothrop said that in his view and a ReMax realtor, the appearance of a commercial building would negatively impact the property that it sits on and the neighbors resale value. He said that it appears that the property is made up of two lots with one having the main dwelling and one having the 3,000 sJ. building with lots of flat work from the street to the back and the appearance is a detriment to the neighborhood. Commissioner Gasper asked Mr. Lothrop if he had a written statement from the realtor. He said that he did not, but he could forward one to the City Council. He said that the issue of the building itself and the makeup of the building are also going to lead to substantial activity associated with Planning & Zoning Commission Minutes - July 23, 2001 Page 4 of 8- Approved on 08/13/01 a building 3,000 s.f. in size. He said the activity would be above the normal use one would see in a typical residential neighborhood. Marcella Gleason, 600 Beverly Drive, said that she is a real estate broker in private practice and she also has a good friend, with Mike Bowman Century 21, and everything Bill Lothrop said is true. She said that she could have a letter forwarded to the City from the Century 21 broker who strongly discouraged the approval of the building because it is in a residential neighborhood. Commissioner Gasper asked Ms. Gleason, as a real estate broker, what her professional opinion is. Mr. Gleason said that she would discourage the building because they live in a residential community. She said that the size, appearance, and activity are of great concern. Bill Stephens, 612 Shelton Drive, said that the building has an apartment in it with a full size bathroom, a work area. He said that he did some investigating on his own and talked to the owner's partner. His partner said that the owner races Porches and that is why he needs the building to store them and work on them. Mr. Stephens said that when he begins washing oil down the floor drains into the sewer system, it could affect the horses on each side of the lot with rewing engines and noise. He said that the owner already has four garages and if he has six porches that he races, he needs to find a building that is not in a residential community and needs to go to a commercial property or buy himself a garage Christina Childress, 512 Beverly Drive, southwest of the property. She said that she is speaking on behalf of her husband and her 9%-month old child and believes that this garage could eventually be turned into a commercial use even though it may be intended to store Porsches now. She said that cars of that type always need to be tuned up and timed and this will not be a quiet action and could be considerably loud for the residential area. She said that they use their back yard and look across the land and this garage will totally impede their view. Ms. Childress said that if they wanted a lot of buildings around their lot, they would have stayed where they came from by the Tollway and HWY 635 in Dallas. She said that 2~ years ago they were looking for new homes and the house on Beverly was the last house they looked at and thought they didn't want an older home until they walked the property. She said that they love the land so much and don't want to look at steel buildings and more development. Ms. Childress said that if this garage is allowed it could have a domino effect and there is too much concrete and too much steel. She said that they are concerned about the potential solvents that would be poured down the drains in the garage and how will it effect the land. She expressed concerns about storage of chemicals. She said that her daughter loves to go outside and look at the Longhorn cattle and the horses and now they would have a big view of the 3,000 s.f. building. She asked the Commission to deny the special use permit. Gary Quinn, 511 Shelton, west of the property. He said that currently they have an open area with horses in the neighborhood and this garage will impede their view and be as large as most houses in the neighborhood. He expressed concerns with potential noises and the effect it would have on the livestock in the area. Mr. Quinn said that the large building and amount of concrete would impede future sale of the property and not be aesthetically appealing. He asked the Commission to deny the special use permit. Norma Hensley, 608 Shelton Drive, directly across from the property. She said that they moved to Colleyville 20 years ago for the country atmosphere with animals, horses and barns. She said that the large steel building and concrete are a problem and she asked the Commission to deny Planning & Zoning Commission Minutes - July 23, 2001 Page 5 of 8- Approved on 08/13/01 the special use permit. There being no one else present wishing to speak, the Public Hearing was closed. Commissioner Edwards said that they have heard a lot of talk about possible businesses and the City has an ordinance that governs home businesses. She said that she did not remember any type of automotive business is allowed and it would need to be something that is inside a home. She asked staff to comment on the home business ordinance. Barry LeBaron said that he oversees the Code Enforcement department and one of the most difficult items to deal with relates to automobile related uses at a home. He said that what is one man's hobby is another person's nuisance and working on one car may not be a problem, but more could create a problem and nine would be a problem. Barry said that when you are dealing with automotive hobbies, it is really difficult from a Code Enforcement perspective to determine when it no longer is a hobby, but now a business. He said that there is lots of money in rebuilding an old corvette and some people have three or four of them and it leads to taking them to car shows to sell. Mr. LeBaron said that when Code Enforcement talks to the person and tells them they are creating a problem in the neighborhood, they respond that it is only a hobby. He said that specifically running an auto dealership in a neighborhood is prohibited and it is difficult to enforce sometimes when you are dealing with each prohibited use on a case by case basis. Commissioner Gasper said that she can understand the situation very well because they lived in a house once where a neighbor raced one automobile. She said that when he was out between 10:00 p.m. to midnight getting ready for a race, they could hear the noise even though the person did not live next door. She said that several people talked about two vacant lots and she asked staff to explain because she understands that there is one platted lot. Clayton Husband responded that the lot is platted as one lot, however it is zoned R40 and the potential to split the property into multiple lots, there is enough room to split it into two lots. Commissioner Swift said that there is a fence that runs down the middle of the property so one gets the impression that there are two pieces, but it is only one. He said that the observation he has is when looking from the street, this building would have a heavy commercial impression with that much driveway and concrete. Chairman Hart said that the applicant's representative had some other input and asked him to come forward. Jeff Bodily, the applicant's representative, said that the last thing that the applicant and his family want to do is to move into the neighborhood and create a situation where the homeowners around them are upset by them moving into the neighborhood. He said that the applicant initially talked to some people and told them what he was thinking of doing and obviously the people he talked to were a builder and architect. Mr. Bodily said that to the best of his knowledge, the applicant has one automobile that he races and he would never have more than that. He said that as far as working on the automobile, the applicant does not have the expertise to do any tuning or repairs on site as it is all done some place else. Mr. Bodily said that the plan for the driveway shows concrete, but it could be changed to gravel and this would address the drainage concerns and some appearance issues. Planning & Zoning Commission Minutes - July 23, 2001 Page 6 of 8- Approved on 08113/01 Mr. Bodily said that the commercial appearance could be made to look like one of the barns in the neighborhood, it would not have a commercial appearance. He said that there are a number of large barns in the neighborhood. Chairman Hart asked him if there were any that size (3,000 sJ.) and he responded that he is not sure what the size of the barns are. Mr. Bodily said that as far as the building activity, the applicant can currently build a building that is a little over 1,100 sJ. without requiring a special use permit. Chairman Hart said that was correct. Mr. Bodily said that even with a 1,100 sJ. building there will be some activity on the property and he is not sure that there would be more activity between a 1,100 sJ. building and a 2,900 s.f. building. He said that he understands the neighbors concerns with the drains in the garage and potential pollutants, but the drains could be removed. Mr. Bodily said that there was originally a plan that was submitted that showed the garage in the area behind the existing residence. He said that depending upon where you live, it would be less of an impact from the street rather than having an appearance that it is on a vacant lot. He said that the way the zoning is addressed right now, if the lot was about 1/3 of an acre bigger, the applicant would be able to build the proposed garage without triggering a special use requirement. Chairman Hart said that is not relevant because the applicant does not have the additional property. He asked staff what the maximum size allowed for an accessory building. Barry LeBaron said that 2,500 s.f. is the total square footage allowed in the total accessory buildings on the lot. He said that what every the applicant currently has in the existing detached garage would be deducted from the 2,500 sJ. and the remainder is what the maximum square footage would be allowed. Commissioner Gasper asked Mr. Bodily if the owner would like the opportunity to reach some agreeable accommodations with the neighbors because the applicant was led to believe that everything was O.k. and obviously the neighbors say it is not o.k. Mr. Bodily said that absolutely they would like to meet with the neighbors to address the concerns. Commissioner Gasper moved to table Case Z-01-019 so that the owner can have an opportunity to see if he can work out an agreeable reasonable accommodation with the neighbors. Chairman Hart said that he personally will not vote for the case being tabled and he wants to vote on a motion tonight to either accept or deny the special use permit. He said that if the applicant cuts his plans in half, he is back at 1,750 sJ. roughly and would be in compliance. Commissioner Gasper said that she could not vote for the special use permit as proposed, but she also has some sympathy for the property owner who is not able to attend the meeting to have not heard the comments. She said that he may have decided that he may not want to pursue the special use permit based upon the information given tonight. Commissioner Hart asked staff if they deny the case tonight, what the time period for which the applicant could bring back another application. Barry LeBaron said that the time period does not apply to the P & Z. He said that if they deny it, the applicant would need to decide if he wants to take it forward to the City Council to be heard. He said that if the City Council would deny it, there would be a one year wait. Chairman Hart said that the applicant could come back with another plan to the P & Z or meet the requirements. Barry LeBaron said that the owner would have to deal with another application and application fee. Planning & Zoning Commission Minutes - July 23, 2001 Page 7 of 8- Approved on 08113101 Commissioner Gasper said that she could not live with the application as proposed I but she also feels sympathy for the applicant. Commissioner Hill said that he would second her motion and said that he sees where it is going. He said that it sounds as if the applicant's representative has offered some tentative wiggle and change room. He said he would be giving them a chance, based on the comments from staff, the Commission, and the neighbors to go ahead and see if there is a workable situation in the next couple of weeks. Commissioner Edwards asked staff how much the reapplication fee would be. Staff responded that the fee would be $500.00 Commissioner Hollis asked if the lot was split into two lots and the garage was built on the second lot, would they need a special use permit. Staff responded that you cannot have an accessory building alone on a residential lot. The vote being: Ayes: Gasper, Edwards, Hill Noes: Swift, Hollis, Hart [Note: four affirmative votes are required to approve.] Chairman Hart moved to recommend denial of the special use permit, Case Z-01-019. Commissioner Swift seconded the motion. The vote being: Ayes: Gasper, Edwards, Swift, Hollis, Hill, Hart Noes: None Barry LeBaron advised the applicant, that he would receive a letter from staff, but within ten days, if the applicant decides he wants to go before City Council, he will need to give staff a letter stating that is what he would like to do. Commissioner Gasper asked staff to what extent could the applicant make changes on his plan with going forward to City Council. Barry LeBaron said that he could make changes however he wants to go to City Council. Commissioner Hollis said that it would be to the applicants benefit to meet with the neighbors and try to address their concerns before going to Council. Chairman Hart told the applicant that it will take a super majority vote by the Council to approve the special use permit. Commissioner Gasper asked staff if there was any recourse on the application fee if the owner wants to come back to the P & Z with a new application. Staff advised her that the p & Z could make that recommendation, but only City Council can waive the fee and if that is approved, he would be refunded the fee. Barry LeBaron said that if the applicant presents staff with a letter asking to go forward with the case to the City Council, staff will re-notify the property owners so they will be made aware of it. 5. Citizens' comments regarding items not on the agenda: There were none. Planning & Zoning Commission Minutes - July 23, 2001 Page 8 of 8- Approved on 08113101 6. Staff comments, reports and discussion items: Staff reminded the Commissioners about the upcoming training session presented by the Midwest APA Section on July 30th. 7. Commissioners' comments and reports: Commissioner Gasper directed staff to format the Commission's letter of commendation to the staff and bring it to the next meeting for them to sign. Chairman Hart welcomed Commissioner Swift and advised the P & Z Commissioners whose terms of office are up in September to reapply if they want to. ADJOURNMENT: The Commission moved to adjourn the meeting at 7:55 p. m. The motion was seconded and passed by acclamation. Respectfully Submitted, n Levy Planning & Zoni g Assistant Approved on: August 13, 2001 as corrected (minor spelling errors). NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. <------ ---_.._._-------_._-~_.._--_.._.,- ..~-~_.~. ORDINANCE 0-06-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 3R1, BLOCK 1, PLEASANT OAKS ESTATES ADDITION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Jeff Vanderpool on February 13, 2006, under Case No. Z-06-005; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map attached as Exhibit "A" are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 3R 1, Block 1, Pleasant Oaks Estates Addition, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed three thousand two hundred and seventy (3,270) square feet. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-06-xxxx Page 2 of2 b. The location of all buildings shall be consistent with the site plan attached as Exhibit "B". c. The building elevation drawings shall be consistent with the drawings attached as Exhibit "C" d. The accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. e. All exhibits hereto are incorporated herein by reference. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT except as amended by this ordinance, the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of day of The second reading and public hearing being conducted on the 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - SITE PLAN I I I I I t t .~................^ .~.. ..~,~::':'~ EXHIBIT C - BUILDING ELEVATION DRAWINGS ....-- .~- .-.-..-, ..j,.i'. ....1 ~I !:2 It c..~ "~.i" ' i B d!$ <t 3 i 1; j~ ! ..diJ ' iJJf el w ,. ,J- ! liB JII ~ i .. , IE Sll f ""~S .dt" 2" W~ €i 01 Z B <lI!S -E W..."O ~E ~I o::! en \ \ ~ l I I / ! . =- II !I , I c o .....--. ...... .. 15........ .-I-.g C 41. i5~ -:2 UJ:a 1D....... ~ ~:I ~. :;:, a dl5 "; ! Ii