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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/10/2006 CUy Of co AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, April 10, 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 INVOCATION Commissioner Blassingame PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 13, 2006 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-06-017 - Minor plat for .94 acres on Tract 1 A4, Abstract 1737 of the S. Wilton Survey located at 4701 Jim Mitchell Trail West Planning and Zoning Commission Agenda - April 1 0, 2006 Page 1 0'2 PUBLIC HEARING AGENDA ITEMS 2. Case P-06-018 - Final Plat of Lot 1 R, 2, 3, and 4 Block 1, Kay's Circle B Bar K Ranch Addition, being a replat of Lot 1, Block 1 Kay's Circle B Bar K Ranch and 3.55 acres in the J. J. Newton Survey, Abstract 1176, located at 5612,5616 and 5700 Bransford Road 3. Case Z-06-006 - PUBLIC HEARING - Request for a Special Use Permit for an accessory building and a carport on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive TABLED ITEMS 4. Case Z-06-003 - 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 STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Thursday, April 6, 2006 by 4:30 p.m. Planning and Zoning Commission Agenda - April 10, 2006 Page 20'2 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - March 13, 2006 Commissioner Blassingame made motion to make Commissioner D" :,~iak the Chair due to the absence of the Chair and Vice Chair. Approved by acclamation. CALL TO ORDER Chairman Byerly called th to order at 7:03 p.m. ROLL CALL INVOCATION to add his name to the Roll Call on the ry 27, 2006 meeting minutes with PUBLIC HEARl ITEMS 1. Case Z-O - PUBLIC HEARING - Request for a zoning change from AG-Agric tural to R20-Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates Addition located at 1304 Tinker Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak opened the public hearing at 7:10 P.M. Michael Dotti, 1304 Tinker Road, the applicant, came forward to present the case and brief the Commissioners. Commissioner Taylor questioned Mr. Dotti regarding what is the total acreage? Mr. Planning & Zoning Commission Minutes - March 13, 2006 Page 10'6 Dotti replied about 10 acres. Commissioner Blassingame questioned Mr. Dotti regarding why the property does not have the agricultural exemption? Mr. Dotti replied they want to have all of the property platted as one piece. Nancy Dotti, the applicant, stated wanting to rezone the property to be consistent with their adjacent property to plat as one lot. There being no one wishing to speak, the public hearing was cl Commissioner Blassingame questioned staff regarding the property would have to be zoned under the same zoning for consistency, the applicant wanted all one zoning. there would be two different zoning districts and it 0 district. n as to why all of the Barry LeBaron replied the time of platting, Jto be one zoning fellow Commissioners. dis would be better for the id staff not encourage the LeBaron eplied these properties have ot be consistent with the zoning district if they would rather have R30 or R40 ioner Dudziak questioned Mr. Dotti if he R40? Mr. Dotti replied not knowing at this veloper will be knocking on their door every week be ned . Commissioner Taylor stated she would rather see the p Mrs. Dotti stated it really not being a big difference to them; they jus 0 be consistent and understood the land could not go back to the AG eBaron stated once property is zoned a residential zoning, typically the p d not be rezoned to the AG zoning district. Commissioner B game questioned staff regarding if there are any issues as far as platting for the R40 zoning district? Barry LeBaron replied not knowing at this time. Commissioner McCormick questioned staff if the property would have to be reevaluated by Tarrant County Appraisal District if the rezoning took place? Barry LeBaron replied not knowing what Tarrant County's procedures are. Commissioner Blassingame questioned Mr. Dotti if any of the properties are rental? Mr. Dotti replied no, one of the homes is no longer there. Planning & Zoning Commission Minutes - March 13, 2006 Page 2 0'6 Commission sked the applicant to come forward and he explained the voting procedur Commissioner Ta or made motion to approve case Z-06-004. Commissioner McCormick seconded. The motion was approved by the following vote: Aye: McCormick, Taylor, Blassingame, Dudziak Nay: None Commissioner Dudziak questioned Mr. Dotti regarding the size of 1308 Tinker? Mrs. Dotti replied .67 acres. Commissioner Taylor stated to Mr. Dotti the taxes would go up. Commissioner Blassingame questioned staff if the properties could be replatted, eliminating 1308 Tinker? Barry LeBaron replied yes or 1308 Tinker could be included into a plat with the R20 zoning. Commissioner McCormick stated the applicant could wait Zoning Commission hear the request. Mr. Dotti stated n alternatives. Commissioner Blassingame made motion to table and Zoning Meeting on March 27, 2006. Commi The motion to table was approved by the foil Aye: McCormick, Taylor, Blassingame and Nay: None the full Planning and ore time to figure out e next Planning ded. 2. Case Z-06-004 - PUB from AG-Agricultural to R the T. White Survey located Chris Fuller presented the case and tj Commissioner Dudzi the pub Rachel Whittlese Commissioner case and brief the Y if this will be an estate lot? Mrs. lesey if she intends to put in multiple lots? k, the public hearing was closed at 7:35 P.M. is a aight zoning case. If the applicant were to come ide, they could do so, as long as those lots met the zoning Planning & Zoning Commission Minutes - March 13, 2006 Page 3 0'6 3. Case Z-06-005 - PUBLIC HEARING - Request for a Special Use Permit for an accessory building on Lot 3R 1, Block 1 of the Pleasant Oaks Estates Addition located at 601 Shelton Drive Chris Fuller presented the case and briefed the Commissioners. Jeff Vanderpool, the applicant, came forward to present th Commissioners. Commissioner Dudziak opened the public hearing at 7:43 P Becky and Calvin Boydstun, 210 Gallant Court in Remi request. Bill Stephens, 612 Shelton Drive, spoke in oppos' . the size of the building. Dinah Stephens, 612 Shelton Drive, spoke' for the size of the building. James Day, 805 Shelton Drive, spoke in opposit Bill Lothrop, 609 Shelton Drive, not oppo building, just not in this neighborho more in Marcella Gleason, 600 Beverly Driv large for the area. It doe ot confor Tim Gleason, 600 building looks mo Jeff Vanderpo building. Commis . not b equest. the size or the use of the I for Highway 26. tated the building is too osition he request and stated the the extra driveway to the building. plain the intentions with the use of the nderpool regarding the materials have pplied for in e past. Mr. Vanderpool stated he has a would like to have a place to store all of those items here Co ' d ha an issue with the second driveway off of Shelton. Com tioned Mr. Vanderpool if it would be possible to move the building existing driveway? Mr. Vanderpool replied the driveway would then nd it would be difficult to back a boat down to the storage. Commissioner stated having issues with the two driveways as well. Commissioner D k questioned Mr. Vanderpool if it could be redesign to make it work with the area? Mr. Vanderpool stated having looked at a different design, possibly with a circular driveway, however, because the builder placed the home so far to the side, it makes it difficult to redesign it any other way without running a slab all the way across. He stated there is a large pecan tree in the way of a driveway behind the home. There being no one wishing to speak, the public hearing was closed at 8:20 P.M. Commissioner Dudziak questioned staff if enough frontage is on Shelton Drive for the division of Mr. Vanderpool's lot? Barry LeBaron replied not knowing at this time, it Planning & Zoning Commission Minutes - March 13, 2006 Page 4 0'6 ove case Z-06-005 with the stipulations nture out IS property. Commissioner McCormick ert Woods regarding if this driveway would need to be use of drainage issues? Robert Woods replied no, it be concrete per city code. Commissioner Dudziak ad ent t e motion to limit the number of vehicles parked overm ten and two or three boats on the property to eliminate the neighbo nderpool stated not having an issue with those stipulations. Commissio stated there not being a need for any outdoor storage of any type. Mr. Va ated having a tractor being stored outside and did not have plans to store it I uilding. Barry LeBaron stated all of the conditions are applicable to this site plan d accessory building. Commissioner McCormick accepted the friendly amendment with the ten cars and three boats. Commissioner Dudziak seconded. The motion was denied by the following vote: Aye: McCormick, Blassingame, Dudziak Nay: Taylor appears there is enough frontage. Commissioner Dudziak questioned the Commissioners regarding if there could be limits on the special use. Commissioner Blassingame stated all limits already exist. Barry LeBaron stated it could be limited to a residential use and it is common for an accessory building to have specific uses. Commissioner McCormick questioned staff if the particular u only apply to this owner, or would they apply to whom ever t Barry LeBaron replied those uses would apply to that st the property. Commissioner McCormick stated the appl" make the structure appeasing. Commissioner Taylor stated having an issue wit applicant should be able to build a building, existing driveway, coming around his perso Commissioner Taylor questioned Mr. Vand until the full Commission could be present. Mr. to table this item. We have looked t this item an Commissioner Blassingame que r. Vande structure, could you reduce the de derpoo and trailer will be placed is just big e ite as much open space in t . area as p on the placement of t Commissioner T street from thi driveway being Commissioner McC regar m qu or the structure will perty would be sold? o matter who owned one out of his way to ith a major road being right across the nderpool stated the placement of the concrete would be in one area. Planning & Zoning Commission Minutes - March 13, 2006 Page 50'6 STAFF REPORTS Barry LeBaron stated to the audience, the option was given to the applicants as to whether or not they wanted their case to be heard without all of the Planning and Zoning Commissioners present. COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 8:35 p.m. b Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: -------------------- Planning & Zoning Commission Minutes - March 13, 2006 Page 60'6 city or ~(S PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 10, 2006 I Prepared by: I Chris Fuller Development Coordinator Subject: P-06-017 - Minor plat for Sand Oak Acres Addition .94 acres located at 4701 Jim Mitchell Trail West STAFF REVIEW COMMENTS Colin and Janice Travis are the owners of a parcel of land located at 4701 Jim Mitchell Trail West. The owners have submitted a minor plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create a lot for the construction of a new single family residence. Zoning. The property is zoned R20-Single Family Residential. The R20 zoning district requires a minimum lot width of 100 feet and lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot width requirements of the R20 zoning district. Waiver Request. The developer has submitted a conceptual layout of the property showing a potential lot configuration and is requesting a waiver from the lot depth regulation. The R20 zoning district requires a minimum lot depth of 125 feet. Lots 24- A and 24-B propose lot depths of 122.5 feet, which does not meet the minimum depth requirement of the R20 zoning district. The developer is requesting a waiver as the proposed lot layout is the only feasible option without rezoning to RD Two Family Residential. The Sand Oak Acres addition was originally platted in 1971. The subject property, 4701 Jim Mitchell Trail West, is an infill property that was not included in the original plat. The proposed lots are constricted by the existing developed lots and cannot acquire more land in order to meet the lot depth requirement. None of the lots on the east side of Jim Mitchell Trail West have the requisite 125 feet of lot depth. All of the lots on the west side of Jim Mitchell Trail East have exactly 125 feet of lot depth, which precludes the applicant's ability to acquire additional property. Parkland Dedication Fees. The payment of parkland dedication fees is required for the newly created lot. Parkland dedication fees are not required on Lot 24-A as an existing house is located on the property. Perimeter Street Improvement Requirements. Perimeter street improvements are required for the newly created lot since Jim Mitchell Trail West is considered an unimproved street. Perimeter street improvements are not required on Lot 24-A as an existing house is located on the property. Agenda Item No.1 - Page 1 Tree Preservation. The applicant was been made aware of the tree preservation requirements during the platting process, and has provided an aerial photo showing existing trees on the property. The owner's surveyor has addressed all Development Review Committee comments. With the exception of the waiver request, the proposed development appears to satisfy the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION Denial due to technical non-compliance with the Land Development Code. ATTACHMENTS . Location and Zoning Map . Development Review Committee Memo . Applicant's Response Letter Dated April 4, 2006 . Plat Agenda Item No.1 - Page 2 Location and Zoning Map Agenda Item No.1 - Page 3 Development Review Committee Memo DATE March 21,2006 TO John Morgan FAX NO 817.282.0401 FROM Chris Fuller, Development Coordinator SUBJECT P-06-0 17 - Final Plat - Sand Oak Acres The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Revise the date of the notary signature block to state 2006. 2. Increase the easement width to 10-feet along the east property lines of both lots. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 3. Revise the front yard building line to state 30-feet per the R-20 zoning district regulations. 4. Lots 1 and 2 do not meet the minimum lot depth requirement. The R-20 zoning district requires a minimum of 125 feet of width. Approval of a waiver from the requirement will be required by the Planning and Zoning Commission. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. 5. There is an existing house on the property. Add a note to the plat that states, "No certificates of occupancy will be approved by the City of Colleyville until the existing house is located completely on one lot and is in compliance with the setbacks of the R20 zoning district." In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are required for this property since Jim Mitchell Trail West is considered an unimproved street. Perimeter street improvements are not required on Lot 24-A as an existing house is located on the property. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality Agenda Item No.1 - Page 4 determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided upon approval of the final plat. Parkland dedication fees are not required on Lot 24-A as an existing house is located on the property. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets. The sidewalk along Jim Mitchell Trail West is required to be 4-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. The developer is required to construct the sidewalk as part of the improvements for this property IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, April 10, 2006, 7:00 p.m. Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived; · 12 full size copies of the revised exhibit and one reduced copy (8.5 X 11). Please contact me at fullerc@cLcollevville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.1 - Page 5 Moak Sat'Ryors, Inc. LICENSED STAT$AND REGISTERED PROFESSIONAL LAND SURVEYORS Texas · New Mexico · Arizona · Nevada April 4, 2006 · Topography · Forensic Surveys · Land Title Surveys · Any Size Boundaries · Construction Layout · PlattingILand Planning David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Jason B. Rawlings, R.P.L.S. City of Colleyville Planning and Zoning Dept. 100 Main Street Colleyville, Texas, 76034 ATTN: Chris Fuller RE: Minor Plat Showing Lots 24-A and 24-B, Block I, SAND OAK ACRES, an Addition to the City of Colleyville, Tarrant County, Texas (P-06-017) Dear Chris~ In response to the Developmental Review Committee Comments the following: 1. Revised date of notary signature block. (see plat) 2. We added a 10 foot wide utility and drainage easement along the southerly line of Lot 24-A and the northerly line of Lot 24-B as requested. (see plat) 3. We revised the front setback line to 30 feet as requested. (see plat) 4. Most of the surrounding lots within this subdivision are the same depth. 5. The note regarding the existing house on the property has been added, (see plat) The remaining comments will be addressed by the owners in there own response letter. If you have any other questions or comments, please do not hesitate to call. Thank Y ou~ ~w~ - hn W. MO~g~ 1105 Cheek Sparger Road · Colleyville, Texas 76034-4152 · www.moaksurveyors.com · Metro 817-268-2211 · Fax 817-282-0401 Member Texas Society of Professional SurveyOlS & American Congress on Surveying and Mawing ~ 3~-- VOl. . PG. ~. PAT.C.T. ~ ZOIED "R-ZO" {Ill" SAND CW< ACRES. ~ ~ VOl. JlIIl--loe, !'G. 45. P.R.T. T. \V JIM MITCHELL TRAIL WEST (50' RIIlHT-()f'-wAY) (BrNlIlG SOUlCE PER WI.. 11487. PG. m. D.R.T.c.T.) N 0003O'()(rE 334.99' 171.71' lID' BU1UJlIfC UJa ~ i: :c ~ <ID~ :I: .... .... a .... i ~ ~ ;= JlI ~ c.. i: :c ~ :I: I!! .... j .... ~ ... ~~O ~ ~-I '8N f. . ~.c 1 1(1' Uf7UTT AND ~aIl Dll'f'. <V BLOCK I, SAND CW< IalES. CAB. A. SL 15111. PAT.c.T. ZONED -11-20- :} or '" ~ ::!I [ S' Q 0- S' ~ !!! s: co l I 2 l J f J I ~ J i 1 oJ i i 1 .a i i ~ 3 I I: g i $ o z : ~ o ... ~ )> lJ ~n nil! "'n o.n- n~o ~e!0~1i: o-~ ii~ ~~I~~ ~~ni ~]l ~ -3 ....~ ~lii 0 dl 0- '" I 2 ~- ... ~ ~ ~~- ~J If :.1 ~~~~c5 i~~~~ liJ 1i:e!",Wi: 0'" - '" :.. ~ ~h :a...:" ~pl! ~~~~n ~~:S ~~- ~~ . 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I ;~ lij !il ~ il ; ;~ Ii: iI! i i ; ![ .Oi,: 51 f ,,~ li~ ~ ~ ~ ~ if ,,~ i I I ~l i!~ Iii l ~l si~ 3" ~ I ~ ~~ :~l ! ~ i ~ E~ &!~ ~ ~ ~ ~ i. ,hs. l:: 'f!l!i 1 i!J ;. ~ ~ ...- il;: _I. :J a.! .&> iin ~ ~ i if s~ j l: ~ t l h tD"ll ~ 2. -" ::J _ ~Q ., <ID 19~ U B !l I ~i d !i ~ 1!-9 H; ~ 0 J~~ ~ ~ ~ ~ Hi !i 11 ~ ~~'l h !f if 11 :1. ~~i -:,i. .. - 1st. 11 :1 ~ ill : fj i I'" I Ii n ..; sn f ~'" i !~ ~ ~z lI. :'" . 0 :"!ii :r m l~ ~ E :.~ ~ g ~~ it ~ fq I n I~ !;" ~ i:~ 'I ~ i.. ~ ~ ~il m ;} ~ ~ il- 2: ~~ ~ ~~ ~ gs ~ 1- ~ i i .. !~ i 0.", H z 01: P ~i .. il ~ a. i1 ~: t H .. H' t' litil. ~ (3' ~ ~i J .~ PLANNING & ZONING COMMISSION AGENDA BRIEFING l'exa5 Meeting Date: I August26,2005 I Prepared by: I Chris Fuller I Develooment Coordinator I I P-06-018 - PUBLIC HEARING - Final Plat of Lot 1 R, 2, 3, and 4 I Block 1, Kay's Circle B Bar K Ranch Addition, being a replat of Subject: ! Lot 1, Block 1 Kay's Circle B Bar K Ranch and 3.55 acres in the I J. J. Newton Survey, Abstract 1176, located at 5612, 5616 and ! 5700 Bransford Road STAFF REVIEW COMMENTS Castlegate Homes has submitted a replat for 18-acres located on the west side of Bransford Road, north of Oak Crest Hill Drive. The plat will straighten the eastern lot line for Lot 1 R and will create three single family residential lots along Bransford Road. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. Zoning. The proposed plat area is located within the AG-Agricultural and R20-Single Family Residential zoning districts. The AG zoning designation requires a minimum lot size of 130,000 square feet, a minimum lot depth of 300 feet and a minimum lot width of 200 feet. Lot 1 R meets the lot size regulations for the AG zoning districts. The R20 zoning designation requires a minimum lot size of 20,000 square feet, a minimum lot depth of 150 feet and a minimum lot width of 100 feet. Lots 2, 3 and 4 meet the lot size regulations for the R20 zoning district. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks. The Land Development Code requires sidewalks on public streets. The sidewalk must be constructed at the time building improvements are made to this property. Perimeter Street Improvement Requirements. Perimeter street improvements are not required as all lots have existing houses located on the properties at the time of plat application. Parkland Dedication. Parkland dedication fees are not required as all lots have existing houses located on the properties at the time of plat application. Drainage. A lot grading plan will be necessary at time of building permit for the construction of new homes. The Engineering Department will review and accept lot grading plans during the building permit process. Agenda Item No.2 - Page 1 Tree Preservation. The applicant was been made aware of the tree preservation requirements during the platting process, and has provided an aerial photo showing existing trees on the property. SUMMARY The developer has addressed all Development Review Committee comments. Since this final plat contains less than five lots, only the approval of the Planning and Zoning Commission is required, The proposed development appears to satisfy the platting standards contained in the Land Development Code. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. RECOMMENDATION Approval ATTACHMENTS . Location and Zoning Map · Development Review Committee Memo · Applicant's Response Dated April 4, 2006 . Plat Agenda Item No.2 - Page 2 Location and Zoning Map Agenda Item No.2 - Page 3 Development Review Committee Memo DATE March 21,2006 TO Jason Rawlings FAX NO 817.282.0401 FROM Chris Fuller, Development Coordinator SUBJECT P-06-018 - Final Plat - Kay's Circle B Bar K Ranch The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Revise the Drainage and Utility Easement on the south side of Lot 1 R to state 15-feet. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 2. Revise the Drainage and Utility Easement on the north side of Lot 1 R to state 15- feet. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 3. Revise the Drainage and Utility Easement on the east side of Lots 2 - 4 to state 10-feet. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 4. Provide a 7,5-foot Utility Easement along the east property line of Lot 1 R and a 7.5-foot Utility Easement along the west property lines of Lots 2 - 4. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 5. Revise the date of the approval blocks to state 2006. 6. Remove Note 1 regarding the property abstract. The Land Development Code requires all existing and proposed easements to be shown on the plat. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvements are not required as all lots have existing houses located on the properties at the time of plat application. PARKLAND DEDICATION FEES. Parkland dedication fees are not required as all lots have existing houses located on the properties at the time of plat application. Agenda Item No.2 - Page 4 SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets. The sidewalk along Bransford Road is required to be 5-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. The developer is required to construct the sidewalk as part of the improvements for this property. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY Not applicable for lots with existing houses on property. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a WATER new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size andlor if a SEWER new meter is installed. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, April 10, 2006, 7:00 p.m. Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived; · 12 full size copies of the revised exhibit and one reduced copy (8.5 X 11). Please contact me at fullerc@cLcollevville.tx.us or 817,503.1054 if you have any questions. Agenda Item No.2 - Page 5 David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Ricky L. Gentry, R.P.L.S. Jason B. Rawlings, R.P.L.S. .;::/0":::::::""o,:~\ MOaWStitJs, Inc. L1CE~~T1. . RE TERED PROF~bM;:;i' ,0 ,'EYORS ". ~>''::':.:::::;.=~~::/ Texas . New Mexico . Arizona . Nevada . Topography . Forensic Surveys . Land Title Surveys . Any Size Boundary . Construction Layout . Platting/Land Planning April 4, 2006 Mr. Chris Fuller City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Kay's Circle B Bar K Ranch replat (City Case No. P-06-018) Dear Chris: This letter is to inform you that I have made the following revisions to the above referenced plat as you requested: l) The easement along the southerly boundary line of Lot IR has been revised to 15 feet per the request of Mr. Woods. 2) The easement along the northerly boundary line of Lot IR has been revised to 15 feet per the request of Mr. Woods. 3) The easement along the easterly boundary line of Lots 2 thru 4 has been revised to 10 feet per the request of Mr. Woods. 4) A 15 foot easement has been added to the common line between Lot IR and Lots 2 thru 4 per the request of Mr. Woods. 5) The approval block date has been revised. 6) The note regarding the abstract has been removed. We received current title commitments of each property which do not list any easements other than the ones which are shown on the plat. 7) The information regarding the perimeter street fees, prkland dedication fees, sidewalks and trails and roadway, sewer and water impact fees has been duly noted. As always, I deem it a pleasure to prepare plats in the City of Colleyville and should you have any additional comments please do not hesitate to call, fax or e-mail me. S91~ B .jJ --g. Jason B. Rawlings, R.P.L.S. jbr@moaksurveyors.com cc: Castlegate Homes 1105 Cheek Sparger Road. Colleyville, Texas 76034-4152 . www.moaksurveyors.com . Metro (817) 268-2211 . Fax (817) 282-0401aMember Texas Society of Professional Surveyors & American Congress on Surveying & Mapping !fl ~jil fl tl il tl (I !jl IJifiJi il ~ ~ Jl.OCI.I,auSncOAU \ i (I ( f if H i( i I . I g, . . f ~ ~ VOl. JU..6l,PO.3O,'JlT.c.T. I~8 ;t;. 1- JI i' II .8 Jf5 lfi;ill ~~ ~ ~ , ;(! Ill! ~! i! 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IlaU h Iria'. 10 i. =_ t"' < I~ \ I i r I rjg~i jt HU ii U ~i ~i I W Sl t'I , ... "< I f r II'~> 8U" · 1- I" I' I , ~!~ lIll " [ t,r~~ i11!tl n [I II H ~! a '> I~ t H I II ~~l I, 'i , I, ;, I' If · · I . I"J il hll II II 11 I h i I. I~ ' '. ~ , ,1, , , 1 ~i \ l J I it!! JJld! Jl I! 11 b ~ ... ~I ~ " III ~ I~ I ~ t;f,~l iI ~UI (I iI II n " Ii - Ij 1 t tl;~ r ~~'r Ir Jr <r Ir I I' r- ...a I ~~ ~., . . .~. . S5 4:" I ! II rl~. h lell II J IJ Bf I ~ f r J Jq~ J J J I K. ~~ I . ; . 1 U. rf f~1 II (I n ~ I , ~. I f t~J!: Ji ill I tIll n ~a . I ~I r:----.J ,,, I ~x I, 'Uif lr hI I l;, h 11 ~ I Ii! fit I~ , > f., ii no J J J It p I , r! II II ~I I , I f ilil fJ ~.. I \ II~ I . I I~ I J I ,t.., ~' , ~I' I ~~ .. llLU Jj I I I L E' I I il IL I~ !I 1 I I n ~ ~I. I' ! ~! \ >a ~I I J :! \ I j r I dl I II>; l !! \ j! I f !fl ~~ I \ ~d ~I ~1 , I ~ ~I " l , , Is I -. ~t i . ~! - rl J J lL I'r ,. I IS '"I ' I ~p II~ J I ,/ ' , Ei ij ~ \ ( ltl ~ I !~ ~I I ~ ~ ~Sl; I i! ;~i !~ ~!. I I ~... ~ I ~ I j ~~ ..4-1 I MI'~ ~. I " Uiii l!+ ~ II 5 ~ ...-r-.,.. .. I( ill:' I! ~'j ~ q~1 E ... 5~ I lIllI ~Ii ~ I ~ ~ IIII I I illl' J'-~~o-)l~jj1 " II" u~ I i + I ~ <-~ "a~ ~:3l ~ ~.~ ~u *ui~II;=I* ~L I' i ~lliP Iii II Ind ill ~ b 8~ ;; ~ i t! il flln il! ~S~ ~ I. II I &~ s illl, I I II ~. Ii II '1 !~ ~ ~ ~: Ii , I'" Sa ~Q ~ I; n 'tli I~ ill ~ ~ : ~U = ~ .~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 1 0, 2006 I Prepared by: I Chris Fuller I Development Coordinator Z-06-006 - PUBLIC HEARING - Request for a Special Use Permit for an Subject: accessory building and carport on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive Staff Review Comments Request. Special Use Permit (SUP) for an accessory building and carport. 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. The applicant has also submitted a request to permit a carport on the property. However, the carport deviates from several development regulations stated within the Land Development Code, as discussed in the Development Analysis portion of this agenda briefing. Existing Conditions. The property is currently used for single family residential purposes. The property contains an existing house, a swimming pool, and an attached garage. The property is located within the R20-Single-Family Residential zoning district. Location. This is a 0.67-acre parcel of property located at 5105 Apple Valley 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 R-20 and are developed as single family residences. Development Analysis. The applicant has also submitted a request to construct an accessory building that exceeds the maximum square footage regulations per 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 0.67-acres. The Land Development Code permits a combined total of 1,000 square feet of accessory buildings on a property of this size. The size of the proposed accessory building is 1,600 square feet. The proposed request exceeds the maximum square footage requirement by 600 square feet. Agenda Item No.3 - Page 1 The proposed building location is 25-feet from the rear property line and the proposed building height is approximately 15-feet. The applicant submitted an exhibit of the proposed accessory building that states the structure consists of metal siding and steel columns. 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 and will not be used for any commercial purposes. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a SUP. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 480 square feet 520 square feet 2. Longest Dimension Allowed 24 feet 40 feet 3. Maximum Height 15 ft. to highest point of roof 12 feet 4. Side Setback 10 feet 2 feet 5. Rear Setback 5 feet 25 feet 6. Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete, asphalt or pavestone Concrete 8. Roof Pitch 2:12 minimum In Compliance 9. Construction of Posts brick, stone or decorative metal Metal poles between 12" and 48" in width The items indicated with bold, italicized characters do not conform with the carport regulations. The size of the carport exceeds the maximum size regulations. The Land Development Code permits carports up to 480 square feet. The proposed carport is approximately 520 square feet, which exceeds the maximum size requirement by 60 square feet. Similarly, the Land Development Code regulates the length of carport material dimensions. The longest dimension allowed for a carport is 24 feet. The longest dimension of the existing carport is 40 feet, exceeding the regulation by sixteen (16) feet. The proposed carport encroaches upon the side yard setback as required by the zoning district. The Land Development Code states that a detached carport shall be located 10 feet or more from a principal building and may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulation. Agenda Item No.3 - Page 2 The R20 zoning district requires a ten (10) foot side yard setback. The existing carport encroaches approximately eight (8) feet into the ten (10) foot side yard setback. The rear yard setback requires a minimum distance of five (5) feet. The applicant's drawings illustrate a two (2) foot buffer from the edge of the carport to the property line. The post supports do not meet the minimum size design standards required by the regulations. The Land Development Code states that posts shall be constructed of brick, stone or decorative metal, such as metal lattice. The posts of the proposed carport appear to be non-decorative metal posts. Public Notification. Staff mailed notices to 10 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request from property owners within 200 feet of the subject property. Public Hearing Schedule. Planning & Zoning Commission: Monday, April 10, 2006, 7:00 p.m. City Council: Tuesday, May 2 and May 16, 2006, 7:30 p.m. Summary Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in the decision whether or not to grant the SUP. Staff has not received any correspondence from property owners within 200 feet of the subject property; however, the applicant has submitted a petition signed by adjacent property owners in support of the request. Since the request is a SUP, the Commission may establish conditions different than, or in addition to, the normal requirements of the Land Development Code. Recommendation Denial due to technical non-compliance with the Land'Development Code. However, if consideration is given for approval of the request, staff recommends the following conditions: a. The accessory building may not exceed 1,600 square feet. b. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "D" in the draft ordinance. c. The building elevations shall be consistent with the drawing attached as Exhibit "C" in the draft ordinance. d. The accessory building shall not be used for commercial purposes. e. The carport elevations shall be consistent with the drawing attached as Exhibit liB" in the draft ordinance. Agenda Item No.3 - Page 3 Attachments . Location and Zoning Map . List of Property Owners Notified · Development Review Committee Memo · Applicant's Response Dated April 5, 2006 . Drawings from Applicant · Petition Regarding Request Provided by Applicant . Draft Ordinance Agenda Item No.3 - Page 4 Location and Zoning Map AG 510B 5108 310 AG 500B Agenda Item No.3 - Page 5 Villalobos, George 5108 Apple Valley Drive Colleyville, TX 76034 Bach, Herbert E Jr. 5109 Apple Valley Drive Colleyville, TX 76034 Recker, Christopher M 5105 Apple Valley Drive Colleyville, TX 76034 Reuter, Raymond E Etux Peggy J 5112 Apple Valley Drive Colleyville, TX 76034 List of Property Owners Notified Mr. Frank Manzare, applicant 5105 Apple Valley Drive Colleyville, TX 76034 Andrews, Edward A 5101 Apple Valley Drive Colleyville, TX 76034 Gorham, Kelly L Etux Patti H 5104 Apple Valley Drive Colleyville, TX 76034 Kirking, Lewis P & Catherine R 5100 Apple Valley Drive Colleyville, TX 76034 Moore, James C Etux Patricia M 405 W Elm St. Colleyville, TX 76034 Morris, Jeffrey 0 Etux Karen 310 W. Glade Rd. Colleyville, TX 76034 Agenda Item No.3 - Page 6 Development Review Committee Memo DATE March 21, 2006 FAX TO Frank Manzare FAX NO 214.677.9005 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-006 Special Use Permit for Accessory Building and Carport The Colleyville Development Review Committee (DRC) has reviewed your special use permit request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING The Following Comments Require a Response from the Applicant: 1. Provide responses to the following areas where the proposed carport does not comply with the Residential Carport Regulations, as determined by Section 3.27.C of the Land Development Code: A. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12'? or more than forty-eight inches (48'? Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. Contact Eddie Edwards, Building Inspection Supervisor, 817.503.1034, for more information. B. Size: A carport shall not exceed 480 square feet in area. C. Size: The longest dimension on a carport shall not exceed 24 feet. D. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. 2. What type of paving will be used for the carport? The Land Development Code requires that the parking area of a carport be paved either concrete, asphalt or pave- stone. 3. The carport appears to encroach into the side yard setback and abut the property line. The Land Development Code states that no part of the carport may be less than five (5) feet from a side or rear lot line. 4. Engineered plans will be required with the permit application. Contact Eddie Edwards, Building Inspection Supervisor, 817.503.1034, for more information. Agenda Item No.3 - Page 7 5. An exit door will be required. Contact Eddie Edwards, Building Inspection Supervisor, 817.503.1034, for more information. 6. Provide responses to the following areas where the proposed accessory building does not comply with the Residential Accessory Building Regulations, as determined by Section 3.27.A of the Land Development Code: A. The maximum square footage of an accessory building for a lot this size is 1,000 square feet. GENERAL INFORMATION In The Response Letter, Acknowledge the Following Information: 3.27.C Residential Carport Reaulations Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii, A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9') by eighteen feet (18') and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9') in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: Agenda Item No.3 - Page 8 i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12") or more than forty-eight inches (48"). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: 1. The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant's request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, April 10, 2006, 7:00 p.m. Tuesday, May 2 and May 16, 2006, 7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived, · 12 copies of the site plan indicating the proposed location of the carport. The above requested items must be submitted no later than noon on Wednesday, April 5, 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@cLcolleyville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.3 - Page 9 Apr 05 06 12:56p Frank t1anzare 972 623 1919 p.2 Applicant's Response Dated April 5, 2006 Page lof1 Special use permit request Case #Z-06-OO6 Chris: I have spoken with a building official (Eddie EdwardS) & building win be in compliance with aU codes Sincerely, C~ ~ Frank Manzare ~j 5105AppI.~eYD: - - J-- Colleyvilly Tx. 76034 Wednesday, April 05, 2006 America Online: FJMANZARI ----~--~--- Drawings from Applicant --<>-1 I~ II ...,..j ...... N u;: 24' 141 W 110.00' t//- ~1 ! I ,.a' 10' .BUILDING LINE (per plat) 55' ~4 4fi ., ~~ .-...."--.~ ~.A~.' ..... . ---; ":" B~~ ~"-'- -'.:-.~' ~- -:-~ :~~~~- 40'1(40' M-erPn... ~VIU;>t~ LO ~ -10 ~ N . ' ,,~ ::~ ~~~:~ --~ w-?-:..'~- .~-::~... ~}j~~- .~~:~ Lc ~~~~ _~i"'=~ :"':-,.-':-. 'l:~--...'''''' ~"7~~~ ~::-."'; :~~~; ~.;--:'~. ,.-~;:;i..: - _......- ~~i ~l~~ ..... ~ ,-~ ":~":::-~BUILD '~'f; (per ~-~~ :.....~:~~~ ~{g~ ~~~;.. i.;;:;.;d 1/2' Irtrl N 32'~ ::-..~....:!'"-~ ~4~~~~" fc;Y;':: ~0~ ~ t'.f"~:.--:'" -:-~_.:.....~ '::-:..:~~. ::~~~~:: :2I>-X ~Zi;~; t ,"'.- ':"'\...~--:\.. . - - '~0~ :-l;~:"':-r:-' ~fi ..1;: ~,... ..-q woI1 , . ~ -~;"'"-:: "':.:-~~'''::'. ~;.~~~~. =:~...:....-:: :s--'.;'.".-:"" ~)~f ... ':-"'~" ~ :l :-- ~ =c APPLE VALLEY (50' R.O;w.) --,~~......__.......-..---_......"-------------- ...............-- --...... ...............--.-- ~~. j~ ~~ I~ ~~~ ~I ~ .1 ; I : je ~ 0 j g~~ e~ ~ " i i ~ . . . 30j .... ... =r = /1 "'? ~ - 0 (f) - ~ - - f .....;. - - = - = ~~ - - - in - = - !~ I:::: - I-- 1= - L-- -- ~ I xt) -I-- ~m i-- - - - - - - I<. ""-,Z:l .. I J' II .ff N Nf. ~ -- "'I: ..J W ~(f) jZ~... X..J = 8 '-- - - I: ~ i <l~ ....0 fd) - - . /' ~ ~ I ~ ~ II ~ 1: jg l al ~ N - - - <J~ t-Q ~<I) .~ ~ :> N MET AI.. 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I ~ Q I ~ ~ I ~ NORTI4r\ R.OOFI PLAN Apr 05 06 12:57p Frank Hanzare 972 623 1919 p.3 Ui s.e #- Z" r() b - ao fa Page 1 of 1 8) Petition fOf;! provaI of new garage at 5105 Apple Valley Dr. 1) ~~"~ ~ I /2- *ff/( (/~7 2) (/flC~ n04 Ap,k ,,~(~. 3) -,r ~~ 16^-=. -'- ~/-9 (5 A-ffJ( V~~ 4) .: fill ariA- K I ) " S /DI hl~~ /JlilkJ 5) · Ctl.u: ~j~ 5/00 A-p~ UCt{(~ br" 6) a ~ $roq II-/,/Lc" j;J<r~l:>j>1 7) '-{DS. [L 1J7. I s fQA W I '1~ {Yl/('! rn e s .moollL~ k ~:J(ee~ 0.> "{,, ~ C~:W1 sir\l..c *~n ~ ~ 6 <4- r <>-5-"-, l J;d .(1... -+ o..~!- -h ~ -k> ~l, ~ +~ (Je.-{, +C,<c;)'V\ _ f.k s ~ W ~ LVov-12J 'fl-<) i f2-~{ -e ~ frc + eS +- '- 9) 10) 11) Cl {( ~+k€~l w~ s~1lt.Jl +L ~ ~ 01'1 ty ~~ ()""t1~~S wLx fl'>fedy /5 fAt J..({'~ +4. 200' L,~: 1 i h<~ ~-\ b~ ~t, {~ ~ ~~ ~ (e~{ r ~1 30 t I l'Vl1 ~ -\- s: use wk'i s { ,i-~" IS Sunday, March 26. 2006 America Online: FJMANZA.RI ORDINANCE 0-o6-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT AND AN ACCESSORY BUILDING ON LOT 3, BLOCK 2, APPLE VALLEY 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 Frank Manzare on March 14,2006, under Case No. Z-06-006; 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 (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 3, Block 2, Apple Valley Addition, (5105 Apple Valley Drive), by authorizing a Special Use Permit for a Carport, as shown on the Elevation Plan (Exhibit "B") and a Special Use Permit for an Accessory Building, as shown on the Elevation Plan (Exhibit "C") and Site Plan (Elevation "D"), subject to the following conditions: Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-06-xxxx Page 2 of 2 a. The accessory building may not exceed 1,600 square feet. b. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "D". c. The building elevations shall be consistent with the drawing attached as Exhibit "C". d. The accessory building shall not be used for commercial purposes. e. The carport elevations shall be consistent with the drawing attached as Exhibit "B". 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 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 Ordinance 0-06-xxxx Page 3 of 2 APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT A - ZONING MAP 310 AG AG 5108 5108 5008 EXHIBIT B - ELEVATION PLAN MlTAL ~\ r-META1.. ~ '- 2.lxlr~ ~ ..r::>ooflit EXHIBIT C -ELEVATION PLAN ~ 12 11 X 45 6UEL ~ '. .I.XW>'~ teaMQNAL. ~ - EXHIBIT D - SITE PLAN 4 ... ~... H !Jl).<</' VI' l? Jl1M.~ .~~ t_ ..wJ Site of Building Site of Carport -.. "...,>......--._.,..~~...,.._-_...__.---....-~...............~- city or caen~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: I April 1 0, 2006 I Prepared by: I Chris Fuller I Oevelooment Coordinator Z-06-003 - TABLED ITEM- Request for a zoning change from Subject: 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 1 Update 04/10/06 The applicant has requested this item remain tabled until they are able to revise their rezoning request. Staff will re-notify property owners per state law and the Land Development Code of future public hearing dates. 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- Agricultural. 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 potential future lots will be determined at the time of platting. The site is sufficiently large enough to accommodate a six lot development. Agenda Item No.4 - Page 1 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 day, on average. Based on this average, a six lot development 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.4 - Page 2 Location and Zoning Map 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 List of Property Owners Notified Dean DecaviUe 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 DoUi, 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 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 ofColleyville 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.210ts of Pine Hill Estates mentioned earlier on Tinker Road, and knowing that most or all ofthe 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 9 2006 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"