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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-4/24/2006 city Of n~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, April 24,2006 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 Bartkowski PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 1 0, 2006 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-06-013 - Preliminary plat for Lots 1, 2 and 3, Block 2 of the Lavaca Trail Addition on 6.353 acres located at 8080 and 8090 Precinct Line Road 2. Case P-06-014 - Final plat for Lots 1 and 2, Block 2 of the Lavaca Trail Addition on 2.572 acres located at 8080 and 8090 Precinct Line Road Planning and Zoning Commission Agenda - April 24, 2006 Page 1 of 2 3. Case P-06-020 - Preliminary plat for Lots 1 - 16, Block 1 of the Colleyville Heights Addition on 4.36 acres out of the P. Peterson Survey and Lot F, Block 2 of the Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road 4. Case P-06-021 - Minor plat for Lots 1 and 2, Block 1 of the Burnett Whittlesey Addition on 3.16 acres on Tracts 1 Band 1 B 1, Abstract 1692 of the Joseph White Survey located at 6208 L.D. Lockett Road PUBLIC HEARING AGENDA ITEMS 5. Case Z-06-007 - PUBLIC HEARING - Request for a Special Use Permit for outside storage located at 6617 Colleyville Boulevard 6. Case Z-06-008 - PUBLIC HEARING - Request for a zoning change from RE - Residential Estate to PUDR - Planned Unit Development Residential on 4.15 acres on Lots 1A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road TABLED ITEMS 7. 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 8. 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 STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Friday, Apri/21, 2006 by 9:00 a.m. Planning and Zoning Commission Agenda - April 24, 2006 Page 2 of2 .~ 1'exa5 PLANNING AND ZONING COMMISSION MEETING MINUTES - April 1 0, 2006 INVOCATION Chairman Byerly called the me CALL TO ORDER ROLL CALL Present: Commissioners, Taylor, John Biassing Byerly Absent: Commi Dudziak (arriv Barry LeBar and Robert Mc Bartkowski, Mary Duffy and Jeff nes by Commissioner APPROVAL OF MINU Commissioner Byer could not make th Commissioner Dudz Commissio with the The Aye. Nay: II call. He was absent and therefore seconded with correction and stated e March 13, 2006 meeting minutes d. DING ITEMS NOT ON THE AGENDA REGULAR AGEN 1. Case P-06-C)' - Minor plat for .94 acres on Tract 1A4, Abstract 1737 of the S. Wilton Survey located at 4701 Jim Mitchell Trail West NOTE: Commissioner Dudziak became present at the meeting during this regular agenda item. Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron briefed the Commissioners regarding the house currently on the property, it will be encroaching the building line, therefore the plat states there will not Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 1 of6 be any building permits issued on the lots until that house is demolished, relocated or moved so that it will comply with the R20-Single Family Residential zoning district standards. Commissioner Duffy questioned staff regarding if the applicant has agreed with the restriction regarding the house on the property? Chris Fuller replied the applicant and staff agrees that building permits will be issued so that con uction may begin; however, there will not be any certificates of occupancy iss ntil the house is relocated. Commissioner Duffy made motion to approve case P-O seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Blassingam Nay: None ~ Block 1, Kay's Circle B Bar Kay's Circle B Bar K Ranch 1176, located at 5612, 5616 pi c not rezoning to R40? not asking for rezoning, this is a plat me forward to present the request and Mr. Kramer regarding why are the lots going to remain stated not wanting to rezone, the R20 zoning this lat. to speak, the public hearing was closed at 7:12 P.M. ontage of these lots would prevent the subdividing of these questioned staff regarding if the current homes on the lots, would be remove Chris Fuller replied the lots will be developed. Commissioner Dudziak questioned staff regarding why the lots, with homes, are not subject to any perimeter street improvement fees and parkland dedication fees? Chris Fuller replied the Land Development Code states if there are homes on the lots at the time of plat application, those lots would not be subject to those fees. Commissioner Dudziak stated not being comfortable approving a plat with lots that will have new homes on them but not subject to pay the required fees. Barry LeBaron stated parkland dedication fees and perimeter street impact fees are required if there is new impaction Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 2 of 6 on the system, because the lots already had or have existing homes, they are not newly impacting the system. If there was a new lot created, then that new lot would be impacting the system and would have to pay those fees. Commissioner Byerly made motion to approve case P-06-018. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: Dudziak 3. Case Z-06-006 - PUBLIC HEARING Permit for an accessory building and a car Valley Addition located at 5105 Apple V a Special Use of the Apple d box on the dr ing and isting garage? Chris Fuller d may know the distance. e Land Development Code ails needs to be? Chris ne or decorative metal Commi feet? Ch carport is go off the property Commissioner Ta replied yes. Commissioner Duffy questioned Mr. Manzare regarding the petition, it states an additional garage, did all of the petition signers see the tin building and the intent to be a 1600 square foot building, or was the petition circulated as is for an additional garage? Mr. Manzare replied the petition was shown with a brochure from the company who will be constructing the building; it was a similar metal building with a carport on one side. applicant, came forward to present the zare replied to Commissioner Duffy's vertical sidewalk at the end of the ing gara about 30 feet. uestioned Mr. Manzare regarding if he can comply with anzare replied yes, Commissioner Blassingame also 'f he can comply with the code on the construction of plied will comply with the code. ioned staff regarding if the side yard set back is ten (10) e building may be at five (5) feet. Mr. Manzare stated the feet; the actual building is going to be set back about 15 feet r questioned for clarity, the carport is for the RV? Mr. Manzare Planning & Zoning Commission Minutes - April 1 0, 2006 Page 3 of 6 Commissioner Duffy questioned Mr. Manzare if the steel will be colored? Mr. Manzare replied yes, an earth tone color to match the house. It will probably have a wanes coating and some brick on the front of the building, depending on the budget. Commissioner Duffy stated there being five different variations for this building, however, now it has been stated the willingness to comply. Commissioner Duffy questioned Mr. Manzare in regards to why he did not comply' the beginning? Mr. Manzare replied in the proposal process, the plans were giv y permit person to pull the permit with the city, Mr. Manzare stated being out . Upon returning, the permit had not been pulled because of the outstandin Commissioner Duffy stated this being incomplete staffs work on his behalf. Commissioner Duffy stated not seeing the brick on coating that Mr. Manzare mentioned earlier. plans if needed. Commissioner Blassingame questioned going to be parked in this building? Mr. Man trailers and a motorcycle. He stated there Commissioner Blassingame state ing back has all of the changes that hav entioned. resubmit some artist drawings. Commissioner Dudziak questioned building with a cut 0 carpo piece, the building i x40 wi Patricia Moore, et, spo of our neighbo at are vis house. Mffi. Mo b originally wn. S gara into M' he structure will be one 'ed the roof will be all one or the carport. opposition to the request because both in the side yard and back yard from our presented is different from what was ginally had three two car garages. One se, so ther still two car garages. et, spoke in opposition to the request and questioned if the request so that future home owners can not use pe u her than storage. to speak, the public hearing was closed at 7:46 P.M. Commissl the applicant is willing to work with the neighbors. Mrs. Moore state ather not wait for the bushes to grow, but it would be better than nothing, ti, ould prefer none of the items. Mr. Moore stated not trying to stop Mr. Manzare building his building; however, we want the code to be followed. If we were to want to sell our property, the potential new buyers would not like all of the buildings visible in our back and side yards. Commissioner Byerly stated for clarity there are issues, but the neighbors and applicant think they can reach a compromise. Commissioner Dudziak questioned the Moore's regarding what expectations were heard in the beginning? Mr. Moore replied Mr. Manzare was going to build with brick ing or the wanes ould resubmit ding how m ut five (5) cars, ouple of a space for work benches. ore complete application that Manzare replied he could Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 4 of6 and hardy board, and now Mr. Manzare states building a metal building. Commissioner Byerly questioned staff regarding the side yard set backs. Chris Fuller used the table in the briefing packet. Commissioner Dudziak questioned staff regarding if there are any restrictions for coverage on a lot? Is this proposal close to those restrictions? Barry LeBaron replied a homeowner can concrete his entire yard if wanting to do so. Commissioner Blassingame questioned staff regarding if more favorable for Mr. Manzare to bring this back to the Commissioner Bartkowski replied Mr. Manzare is t neighbors happy. He stated being ok with the cal"Q with the building codes and agrees with st Bartkowski stated not wanting to table this ite Commissioner Byerly made motion to reo until the April 24, 2006 meeting, Commission Commissioner Duffy stated the agenda is full for Commissioner Byerly questione zare if h item until the April 24th meeting, w da is f until the next meeting? Mr. Manzar to He stated wanting to cover all the bas Barry LeBaron state tter to t forward so that no . t and a Iy and make the anzare complied Commissioner em un applicant is ready to move es can participate in the public hearing. . ue an item, you do so with the intention earing on the 24th, however, you may n this motion, states the public hearing shion. ed Mr. Manzare if he would be ready to continue at the eplied yes, d so sues that need to be worked out with the neighbors s coating; skirting versus screening; five (5) foot set back Commissio curred with Commissioner Byerly and stated having a clear drawing on wti cture will look like; concern about whether or not this is one (1) building with a c or a carport, or two (2) separate buildings. Barry LeBaron replied having this as a single structure with accessory building regulations with a carport. Commissioner Dudziak stating wanting the higher standards met for this building whether it is an accessory building, two structures, or one (1) building with a carport. Barry LeBaron stated if the SUP was to be approved by the city council, the standards or regulations will have to be maintained by all homeowners. Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 50f6 Commissioner Byerly questioned if the neighbors work out an agreement regarding the planting of photinas on the property, will this regulation be placed in the SUP? Barry LeBaron stated having issues with affixing a requirement on this SUP for an adjacent property. Attorney Boyle stated the limitations should only apply to the requesting property. Commissioner Blassingame stated to Mr. Manzare that it appe compromise can be met by all of the parties involved; those should be brought to xt public hearing. Commissioner Byerly stated the motion being to contin . em until the April 24, 2006 meeting. The motion was approved by the following vote: Aye: Dudziak, Taylor, Blassingame, Byerly Nay: Bartkowski, Duffy TABLED ITEMS 4. Case Z-06-003 - Request for a zoni Single Family Residential 0 3 acres on L' Addition located at 1304 Ti ad AG Agricultural to R20 ck 1 of the Wilson Estates STAFF REPORTS Barry LeBaron stated Land Development workshop in late J mitted Use Table in the n ill be brought forward in a missioner's comments. . the draft will be presented before the will be sent as usual. eting at 8:15 p.m. by acclamation. Amy Shelley Planning and Z Approved on: ----- Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 60f6 city or ~@ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 24, 2006 I Prepared by: ! Chris Fuller ~ Development Coordinator P-06-013 - Preliminary plat for Lots 1, 2 and 3, Block 2 of the Subject: Lavaca Trail Addition on 6.353 acres located at 8080 and 8090 Precinct Line Road STAFF REVIEW COMMENTS Classic Concepts, Incorporated is the applicant of a 6.353-acre parcel of property located at the southeast corner of Precinct Line Road and Lavaca Trail. The developer has submitted a Preliminary Plat to divide the property into 3 non-residential lots. Zoning. The proposed plat area is located within a PUDC - Planned Unit Development Commercial zoning district. The PUDC zoning designation was approved by City Council on November 21, 2000, with ordinance 0-00-1255. All of the proposed lots meet the development criteria as stated within the approved ordinance and the Land Development Code. Phasing. The developer plans to develop this property in phases. Phase One of this development will include the final platting of Lots 1 and 2, situated on the west side of this property. Drainage Improvements. A portion of Lot 3 is located within the FEMA designated 1 OO-year flood plain. The developer proposes to reclaim portions of the flood plain and has submitted a flood study and Conditional Letter of Map Revision (CLOMR) to the Colleyville Engineering Department for review. The developer has provided a temporary drainage easement on Lot 3, which is not located in the flood plain. The Engineering Department has reviewed and accepted the flood study and CLOMR. Construction plans for the drainage improvements have been included with the submittal of the final plat. Perimeter Street Improvements. Perimeter street improvements are required for this property since Lavaca Trail is considered an unimproved street. Perimeter street improvements are not required for the portion of the property adjacent to Precinct Line Road as it is considered an improved street. 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 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. Agenda Item No.1 - Page 1 Water and Sewer. Utility services are available to the site. The developer is required to extend the utility services within the development as a cost to the developer. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalk along Lavaca Trail is required to be four (4) feet wide. The sidewalk must be constructed at the time building improvements are made to this property. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Precinct Line Road. The Pathways Plan requires a 10-foot wide trail along Precinct Line Road. The developer has provided a 20-foot access easement as required for the construction of the trail. The developer is required to construct the trail as part of the improvements for this property. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat is recorded with the County Clerk's Office, The owner's surveyor has addressed all Development Review Committee comments. The proposed development appears to satisfy the requirements of the Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · Development Review Committee Memo · Developer Response Letter · Plat Agenda Item No.1 - Page 2 Zoning and Location Map D NORTH Development Review Committee Memo DATE March 7, 2006 TO Alan Curlee FAX NO 817-280-0880 FROM Chris Fuller, Development Coordinator SUBJECT P-06-013 Lots 1, 2 and 3, Block 2 Lavaca Trail Addition -preliminary plat 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. Provide a 20-foot public access easement along the frontage of Precinct Line Road, across Lots 1 and 2, for a 10-foot wide trail (sidewalk). Contact Chris Fuller, 817.503.1054, for more information. 2. Provide a minimum 20-foot landscape buffer across Lot 3 along Lavaca Trail, per Ordinance 0-00-1255. Contact Chris Fuller, 817.503.1054, for more information. 3. Provide a 20-foot building setback line across Lot 3 along Lavaca Trail, per Ordinance 0-00-1255. Contact Chris Fuller, 817.503.1054, for more information. 4, Remove the topography lines from the plat exhibit. 5. Provide phasing lines that indicate the parcels of land to be included in the phasing. 6. Provide the side yard building set-back line on Lot 1 as it is a lot with street frontage, 7, Revise the date of the notary signature block to state 2006. 8. Remove the 10'x15' Water Line Easement. Contact Robert Woods, Project Engineer, 817.503.1094, for more information, 9. Provide a 15-foot Drainage Utility Easement along the south property line of Lot 6. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 10. Development will need to utilize current City of Colleyville Benchmark system, Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 11. CLOMR will need to completed and submitted prior to scheduling the Final Plat for a Planning & Zoning Commission meeting. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 12. Lavaca Trail will need to be improved to residential street section. Contact Robert Woods, Project Engineer, 817.503.1094, for more information, In Your Response Letter, Acknowledge the Following Information: 1. A TxDOT Access Permit is required for the drive approach on Precinct Line Road. Contact TxDOT at 817-370-6526 for application information. Both TxDOT and the City must approve the permit. Contact Robert Woods, Project Engineer, 817,503.1094, for more 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 Lavaca Trail is considered an unimproved street. Perimeter street improvements are not required for the portion of the property adjacent to Precinct Line Road as it is considered an improved street. 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 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 non-residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon approval of the final plat. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets. The sidewalk along Lavaca Trail is required to be 4-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Precinct Line Road. The Pathways Plan requires a 10-foot wide trail along Precinct Line Road. The developer is required to construct the trail as part of the improvements for this property. PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Engineering Department staff regarding construction plans comments, 817.503.1091. 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 The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the land Development Code. $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 WATER SEWER installed. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, March 27, 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). The above requested items must be submitted no later than noon on Wednesday, March 22, 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. Developer Response Letter l\.toak Ine. rCXft~ ~ Ne%1{ t~ltxh::\J " ;\Jitxt$1m:. N~~vud;i March JOO Rf.: PttlmlM(u'y I"!at Sbftl:~ t~ts J. 2, ami,). Blod,2, {'ull~ytlltl, 'f~u'rJ\tlC County, Tcsu (P~.()U) Dcaf Chfiji, III rCf}lnnsv to R~VJ~W Committee 1 ~.!if 1<!tJ{ "ddcd access Ci\$l.~meflt l're~lll:Ct Uoo I and Z b0l:n aerfiS$ :l f\ ;;() 4. The ~, {,. ;~. The l!l fft(>I :.: I ~ 1()\JI waif[ l1u been len)O'IOO. aud e4$(;m.em aloog the SC'ldl.efly Ili Tlw $11<:. I:! The 1m:: have 001 Plat ~".s":t~ _.- , f " ;( i I * !i J i ; . J f J I I 1 I II &i I . ~ ~ i~J i .~ i ~ " ~ i ~ + city or CCe@ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 24, 2006 I Prepared by: i Chris Fuller c-f Development Coordinator P-06-014 - Final plat for Lots 1 and 2, Block 2 of the Lavaca Trail Subject: Addition on 2.572 acres located at 8080 and 8090 Precinct Line Road STAFF REVIEW COMMENTS Classic Concepts, Incorporated is the applicant of a 2.572-acre parcel of property located at the southeast corner of Precinct Line Road and Lavaca Trail. The developer has submitted a Final Plat for Lots 1 and 2, for the development of nonresidential lots. Zoning. The proposed plat area is located within a PUDC - Planned Unit Development Commercial zoning district. The PUDC zoning designation was approved by City Council on November 21, 2000, with ordinance 0-00-1255. All of the proposed lots meet the development criteria as stated within the approved ordinance and the Land Development Code. Phasing. The developer plans to develop this property in phases. Phase One of this development includes the final platting of Lots 1 and 2, situated on the west side of this property. Drainage. The developer is required to construct associated drainage improvements with the development of Phase One. The applicant has submitted a Drainage Plan that has been reviewed and accepted by the Engineering Department. The Drainage Plan has been determined to be in general conformance with the minimum requirements of the Land Development Code. Off-site drainage easements (located on Lot 3) have been acquired by the applicant and have been reviewed and accepted by the Engineering Department. Water and Sewer. Utility services are available to the site. The developer is extending water and sewer lines within the development to serve the proposed development. The developer has included the extension of the water and sewer lines within the development as a part of the construction plans that have been reviewed and accepted by the Engineering Department. Perimeter Street Improvements. Perimeter street improvements are required for this property since Lavaca Trail is considered an unimproved street. Perimeter street improvements are not required for the portion of the property adjacent to Precinct Line Road as it is considered an improved street. 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 Agenda Item No.2 - Page 1 engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality 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. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalk along Lavaca Trail is required to be four (4) feet wide. The sidewalk must be constructed at the time building improvements are made to this property. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Precinct Line Road, The Pathways Plan requires a ten (10) foot wide trail along Precinct Line Road. The developer has provided a 20-foot access easement as required for the construction of the trail. The developer is required to construct the trail as part of the improvements for this property. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat is recorded with the County Clerk's Office. SUMMARY The owner's surveyor has addressed all Development Review Committee comments, Since this plat contains fewer than four lots, only the approval of the Planning and Zoning Commission is required. The proposed development appears to satisfy the requirements of the Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.2 - Page 2 Zoning and Location Map D NORTH Development Review Committee Memo DATE TO FAX NO FROM March 7, 2006 Alan Curlee 817 -280-0880 Chris Fuller, Development Coordinator SUBJECT P-06-014 - Final Plat - Lavaca Trail Lots 1-2 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, In addition to the mutual access easements already shown on the plat, provide a note on the plat, per Ordinance 0-00-1255, that states all property owners agree to provide vehicle access across all lots. 3, Remove the 10'x15' Water Line Easement. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 4. Provide a 15-foot Drainage Utility Easement along the south property line of Lot ~. Contact Robert Woods, Project Engineer, 817.503.1094, for more information, 5. Development will need to utilize current City of Colleyville Benchmark system. Contact Robert Woods, Project Engineer, 817.503.1094, for more information, 6. CLOMR will need to completed and submitted prior to scheduling the Final Plat for P&Z meeting. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 7. How will the temporary drainage easement be handled along the east property line Lot 1 and Lot 2? Contact Robert Woods, Project Engineer. 817.503,1094, for more information. In Your Response Letter, Acknowledge the Following Information: 1. A TxDOT Access Permit is required for the drive approach on Precinct Line Road. Contact TxDOT at 817-370-6526 for application information. Both TxDOT and the City must approve the permit. 2. Please refer to construction plans for additional comments. Contact Robert Woods, Project Engineer, 817.503,1094, for more 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 Lavaca Trail is considered an unimproved street. Perimeter street improvements are not required for the portion of the property adjacent to Precinct Line Road as it is considered an improved street. 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 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 non-residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon approval of the final plat. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets, The sidewalk along Lavaca Trail is required to be 4-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Precinct Line Road. The Pathways Plan requires a 10-foot wide trail along Precinct Line Road. The developer is required to construct the trail as part of the improvements for this property PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Engineering Department staff regarding construction plans comments, 817.503.1091. 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 The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $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 and/or if a SEWER new meter is installed. PUBLIC HEARING SCHEDULE The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. 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). Applicant's Response Ill~. ^r"''''lMi · New " -. Additi~ Pba. S" 3D Additit)tl to tire City Comm~tt~ the ) lumtme liJ ~ I i I I tJ " - 'l _.- Plat J r x f 11 I, II . ~. S . f <I i " f I , ., II I .. . + .~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: I April 24, 2006 I Prepared by: I Chris Fuller ~t I I Development COQrdinator I P-06-020 - Preliminary plat for Lots 1 - 16, Block 1 of the Subject: ' Colleyville Heights Addition on 4.36 acres out of the P. Peterson i Survey and Lot F, Block 2 of the Colleyville Estates Addition I I located at 5400 to 5408 Pleasant Run Road STAFF REVIEW COMMENTS Richard Warner is the potential developer of a 4.3-acre parcel of property located on the west side of Pleasant Run Road, north of Central Drive. The developer has submitted a Preliminary Plat to divide the property into 16 lots for the construction of 15 new single- family residences and one open space lot. Zoning. The proposed lots are located in a R10 - Single Family Residential zoning district. The regulations for the R10 zoning district were deleted from the zoning ordinance on December 3, 1974 with the approval of Ordinance 0-74-189. A copy of the ordinance is attached. Ordinance 0-74-189 states that all previously granted applications for R10 zoning shall continue in full force and effect. There are only two areas in Colleyville with the R 10 zoning designation and these are largely already developed. Except for a few lots that exceed the R10 minimum standards and could be subdivided in the future, the subject property is the only remaining largely undeveloped area with the R10 zoning. The R10 zoning district requires a minimum lot width of 75 feet and lot depth of 100 feet, and a minimum lot area of 10,000 square feet. The proposed lots meet the dimensional standards for the R10 zoning district. There is an existing structure on Lot 8 that will remain on the lot. The applicant is proposing a 25-foot front yard setback in lieu of the required 30-foot setback. The Land Development Code permits the approval of a plat which contains a lot that does not meet the minimum requirements when special conditions exist. Staff regards the preservation of an existing house on a lot as a special condition that justifies the proposed setback, Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalk along Pleasant Run Road is required to be five (5) feet wide. The sidewalk must be constructed at the time building improvements are made to this property. Internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least four (4) feet wide, and the developer is required to construct the sidewalks as part of the public improvements for this property. Agenda Item No.3 - Page 1 Drainage. This project provides an open space lot adjacent to Pleasant Run Road that will contain a detention pond. A drainage analysis for the development has been reviewed by the Engineering Department. Perimeter Street Improvement Requirements. Perimeter street improvements are required for new structures on newly platted lots since Pleasant Run Road is considered an unimproved street and the plat contains more than one residential lot. 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 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. The Engineering Department may accept an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for new structures on newly platted lots. The fee for residential uses is $1 ,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerks Office. SUMMARY The applicant has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: April 24, 2006 City Council: May 16, 2006 RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · Development Review Committee Memo · Applicant's Response · Plat · Copy of Ordinance 0-74-189 Agenda Item No.3 - Page 2 Zoning and Location Map D NORTH Development Review Committee Memo DATE April 3, 2006 Thomas Vogt 817.282.5007 Duffy Thomas 817,284.8408 TO FAX NO FROM Chris Fuller, Development Coordinator SUBJECT P-06-020 Pleasant Run Subdivision - preliminary plat 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. Show only permanent structures that will remain after completion of the development on the drawing, with appropriate dimensions. 2. Indicate if the development will be developed in phases. 3. Submit a tree surveyor aerial photograph of the property. Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree survey or an aerial photograph indicating the general coverage of trees, 4. Provide a street name, Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 5. Will the existing structure on Lot 8 remain after completion of the development? If not, revise the lot line to state 30-feet. If it will remain, provide a note stating such on the plat. In Your Response Letter, Acknowledge the Following Information: PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Robert Woods, Engineering Department, 817.503,1094, regarding construction plans comments. PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are required for Lots 2 -7, 9 - 14 since Pleasant Run Road is considered an unimproved street. Perimeter street improvements are not required for Lots 1, 8 and 15 as they have existing houses located on the properties at the time of plat application (Lot 16, open space lot, is exempt). 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 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 required for Lots 2 -7, 9 - 14. Parkland dedication fees are not required for Lots 1, 8 and 15 as they have existing houses located on the properties at the time of plat application (Lot 16, open space lot, is exempt). SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets, The sidewalk along Pleasant Run Road is required to be 5-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. Internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide, and the developer is required to construct the trail system as part of the public 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. Not applicable for lots with existing houses on property (Lots 1, 8, 15 & 16 are exempt). 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 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 and/or if a SEWER new meter is installed. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, upon application for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas, Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, April 24, 2006, 7:00 p.m, Tuesday, May 16, 2006, 7:30 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), The above requested items must be submitted no later than noon on Wednesday, April 19, 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 Applicant's Response DlJFlty /M~'lLT(JN THOMlfS,l,LJ' CMI.& If-)n'iml,nlMtm EmriJI(?t!rs . Planners' Cqnstrllt:l1ol1 Jlnnttllt!l'.t 1006 Mr ChnsFuUer Dcvcloproont Coordinator City of co:~mc lOO Main Stl~t CoUeyviUc. Te"ilS 70034 RE~ DR(; Cut~ t.>r Plunn. Run Preliminary Plat CoU'),1tle Heip~ con~'vUlet T~XM TX"ttr Me, Fuller: Wt: uffer this teller aoo the rt'Vised dmwinp trtnlSmltted ~\Vith IS t't fCSptlnsc to your tcHef dated AprH 5,2006. We have add~ each ofYQur comments as oot<<llxOOw: ! . Sbow (In!>' pt.'fmlmcnt mnKitUMi thltt 'will rem~in after COUlI>tcl.ionof tile @vcwpmcnt un the dm. wing, with uppmpriate d inlCll$.IOIl. Sc.: revised plat. 2. I:oo~c if the d"vel(tplnent wilt he deveio~ itll~lase$. nu.t(levelflllntcnt/\\'11l be t:flfl~lmeted in one ph:mr. 3. StromH a 1m: survey or aerial pootogmph of the property. Where a subdivision plat indicates a proposc.d pubJre st:reet, the subdiliider s)\ftU submit a tree SUf\'\\)y or an ~t photogrAl)h indica!in!; the iC~ OO\'eNlg:e or trees. See attacbed nertaJ phfttetgfflpIl wi transpllrent oYel'I.ft1 of subdimion. 4, Prov<<t~ a $tred fmmc. C()n~t Jeff JOl~. Fire Marshall, 811,483.6217. fOf more inf{lmlatiofl, See nwil~d plnt,strett name. choseD B Regina Court. 5. WiU dte existing st~ 00 tot S r<<ooJn aft~ completlun oft.he development'l Ifnot, revise t~ lot UM 10 _~ J{t.root. if it \\'in remain. provide a note ~ing ~'b tltl tl1epiat. Structure It ill t"tftlaln. st.: t"t\'lstd ,Mat. A.ltnf'ltdll~..h Per die re...i,"Wccmtt'nCftll.' letb.:r from the l)RC, \\Ie ntKll<l,\'kdge the loUt",ving: Pubfit Wo:rk.JlmprolttllUents: '-\Ie have l.'O<.)rdina(\1'd .'lith R~( Woods relnlxliclg enJineedng l.'OrllmCn Is, .\1'1'. Cllris fit/leI' Plt!lnllllf RUII Sltblil'hiolJ - Prelil1lfnu'1' Plul Ptfb'fl 1 Ajn-H J " 281M Perim~hrr Stft~t blt,m1V~.nflds: Act<.novlledg,ed, l)ar.1dartd D<<I:tcatiDn Jf'e:a: arc ackoo\\iooged. SW~alks ~m4 Traih: S*\~k ~lnd tl1ltl requiremcms are nckoo\\'i<<1iOO. Impad Fees: Wmer~ Se\VCf and roadWtlY impm..'1 ~ttfC nclu\Owledgcd, Tree Stu"\'cy Reqldrmt<:ut: Tree SU~i ~uir~tnefllS tVe ackuawlqed. We hope t111$ letter and the lJIttaclwd m'l~cd dnrwiop addrl."Ss all of Y(JUf CQfUf11enL.~ Ple~:st contad my <tfflce wi all)' questiOD5\. Sioocl'eiy, DUFFY HAMilTON 11 (()'\1AS. LU> ~l~!~1;~/' 'lH~ "Cltd nmuuton, .' .c. Al~hm<ml$ Plat J 'I", a I . I f II , I , I , I , I , I I I I I '. ! !.~. Sh I I i :.1.. '. . t*' ~ "-- J'WlI~" j. '-},)""" ~~" r ~ ,'n! "p ~ I! 1 I! I lj I i i~ I, -~~-"U Ii I ":'1 1 .. I" I' J . L,~~- *.~,*"."\li,~'tiiiiii.!>~,,~W t ~ ,".AM '1" I' I l:! :: ., . ......, " I., ~, . '\= i.. 'rt.l~.:.. . 1'\ I ~ .. $ ~.J. ~t ~~'lt,--_.,",ffi"',*'_*~ · J I.~ l t, . I.. ~ q ,..:O:(tl \, /<if Q:t tl ,.J" ;:il '\" tz, : ~. {,\ If Ql .1."'.' \.: i ",', ~\, _ f: ;;;:.:.:;..iiI,,~~..ifMir*ic;-1\ "~; sj Copy of Ordinance 0-74-189 rtHr. ' .t:~ L ClnO'COIJ.E1V'tLLlt, 't'!Xl\$ Qltb'tMNCI 11).. ().. 14-189 __,,"'_ ~'t'"....~ ~n~ Vl,j~J""U ._...I.!!.-..... "'..t...~ dOl.t'tIMICB IUP~IlfG OIm~ 0...70.15 .~. RGTIO!f11-9 ftOlol (Hm~ 0-70-15.. III IT ORDIt.IND BY 'XU ern; ~t. OF THE CttY OF OOI.LJn'VILLE. tHAT: section 1; seeticm 11...9 sball be deleted. and no further appl.icatlons shaUbe aooepted nm: gratedb)' the C1.ty Cou:neUof CoU<tyville.. Seetim 2: A.f:f.1 And all pr~i{)U$l, aral1t.t a Iteattons for &...10 ~ ahIllocm~ b1 fot:ce 4t\d effect U\d enjoy the. ript.$ amI.prf.vil8.#e.s g1:411ted tbn prtor t.o tb1s dat.e.. se.cticm 3: Art! parcel of land not zoM4 a...tO but restr1cted iu su. aml eo Umteduto a"ly _1, fod...10 aom.ng shall seek roll.elf tb.l::'oup t~ 1'ioud of AdjU8tMlltS. MJSID MID AWPTIt) mIl ~nAY 0' ~mIrlm~--' 1974 A.D. AttEST: I. .yoX' !!ItZt~~~ Hi um:. MHIYI. City her. . '. '. APPltOVIO: city Of cceu~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 24, 2006 I Prepared by: i Chris Fuller ~t Develooment Coordinator P-06-021 - Minor plat for Lots 1 and 2, Block 1 of the Burnett Subject: Whittlesey Addition on 3.16 acres on Tracts 1B and 1B1, Abstract 1692 of the Joseph 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 R40- Single Family Residential. The owner has submitted a minor plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create two lots for single family residential uses. Zoning. The property is zoned R40-Single Family Residential, which was approved by the City Council on April 18, 2006. The R40 zoning district requires a minimum lot width and lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R40 zoning district. Waiver Request. The developer has submitted a conceptual layout of the property showing a potential lot configuration and is requesting waivers from the lot width requirement and flag lot regulations. The R40 zoning district requires a minimum lot width of 150 feet. Lot 1 proposes 29 feet of frontage along L.D. Lockett Road and does not meet the minimum width requirement of the R40 zoning district. As shown on the exhibit submitted by the applicant, Lot 1 is classified as a "flag lot." The developer is requesting a waiver of the flag lot provision as the proposed lot layout is the only feasible option without extending a public street into the property. The Land Development Code allows the Planning and Zoning Commission to approve a subdivision plat that contains a waiver request. 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. Parkland Dedication Fees. The payment of parkland dedication fees is required for the newly created lot. Perimeter Street Improvement Requirements. Perimeter street improvements are required for the newly created lot since L.D. Lockett Road is considered an unimproved street. Agenda Item No.4 - Page 1 Tree Preservation. The applicant was been made aware of the tree preservation requirements during the rezoning process, and has provided an aerial photo showing existing trees on the property. Summary. The owner's surveyor has addressed all Development Review Committee comments. With the exception of the two waiver requests, the proposed development appears to satisfy the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. It is normal staff policy to recommend denial of a plat that fails to meet the standards of the Land Development Code. However, since the Planning and Zoning Commission and City Council have previously approved the R40 rezoning request, staff recommends approval of the plat as submitted. RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.4 - Page 2 Zoning and Location Map 11 NORTH Development Review Committee Memo DATE TO FAX NO FROM April 4, 2006 Jason Rawlings 817.282.0401 Chris Fuller, Development Coordinator SUBJECT P-06-021 - Final Plat - Burnett Whittlesey Addition 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. A rezoning request is currently being considered for this property. If the zoning request is approved, the property shall be subject to the general provisions of the R40 zoning district. 2. The R40 zoning district requires 150-feet of frontage. Lot 1 R does not meet the minimum width requirement of the R40 zoning district. 3. The proposed Lot 1 will require the creation of a flag lot. The Land Development Code does not permit the subdivision of property to create flag lots. 4. Remove the City Council signature block. The Planning and Zoning Commission is the approval body for a two lot plat. 5. Provide 15-utility easements along the east and north property lines, Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 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 Lot 1 since L.D. Lockett Road is considered an unimproved street. Perimeter street improvements are not required for Lot 2 as an existing house is located on the property at the time of plat application. 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 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 plat. Parkland dedication fees are required for Lot 1. The fee for residential development is $1,802 per newly created lot. Parkland dedication fees are not required for Lot 2 as an existing house is located on the property at the time of plat application. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets. The sidewalk along Bransford Road is required to be 4-feet wide. The sidewalk must be constructed at the time building improvements are made to the 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. $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are ROADWAY available in Chapter 13 of the Land Development Code. Not applicable for lot with existing house 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 and/or if a SEWER new meter is installed. TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing, The fencing must remain in place during the entire construction period. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, April 24,2006, 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). Submit the information per the above comments by no later than Wednesday, April 19, 2006. Please contact me at 817-503-1054 or fullercav.ci.collevville.tx.us if you have any questions. Applicant's Response Plat I I ~ . . I I I I ~ I '" I......: ~ ,t ~ IJ · .~ '* .~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 24, 2006 I Prepared by: I Chris Fuller et Development Coordinator Subject: Z-06-007 - Request for a Special Use Permit for outside storage located at 6617 Colleyville Boulevard Request. Special Use Permit (SUP) for outside storage. Proposed Use. Neil and Sherri Hart, the owners of the property, have applied for a SUP to allow outside storage of recreational vehicles and boats on the property located at 6617 Colleyville Boulevard. Existing Conditions. The western portion of the property is currently used for the outdoor display of lawn furniture for a business located on the adjacent northern lot (6703 Colleyville Boulevard), which is also owned by the applicant. The eastern portion of the property is currently vacant. The property is located within the ML-Light Manufacturing zoning district, which requires a SUP for outside storage. Location. This is a 0.87-acre parcel of property located at 6617 Colleyville Boulevard. Platting. The property is not platted. Platting will be required if permanent structures are constructed on the site. The addition of pavement will not trigger platting; however, a drainage analysis will be required prior to the release of a grading permit for construction of a parking area. Adjacent Zoning and Development. The surrounding properties are primarily developed as industrial, commercial and residential uses. Properties to the north are zoned ML-Light Manufacturing and are developed as nonresidential uses. The property to the south is zoned ML-Light Manufacturing and PUDC - Planned Unit Development Commercial and are developed as nonresidential uses. Properties to the east are zoned PUDR - Planned Unit Development Residential and are developed as single family residential uses. The property abuts SH26 on the west. Development Analysis. The applicant proposes to use the property for the outdoor storage of recreational vehicles and boats. The applicant has indicated that the maximum combined number of recreational vehicles and boats on the site will not exceed 25. The applicant has also indicated that no vehicles or boats will be repaired on the property. Staff recommends that the SUP ordinance prohibit the repair, servicing and sales of vehicles and boats. The outdoor storage business will operate from 7:00 a.m. to 8:00 p.m. All vehicle and boat storage will be located on the east side of the property and no permanent structures, including covered parking or storage structures, will be erected on the site. No additional outdoor lighting will be utilized for the property as the applicant intends to use the two existing outdoor lights. Agenda Item No.5 - Page 1 The site is currently unpaved and the applicant proposes to pave the proposed storage area with recycled black top. The adjacent business located to the south of the applicant's property is using recycled asphalt for the parking of vehicles; however, it has been in operation for many years as a non-conforming status. Staff recommends the proposed parking lot be hard surfaced, since it will become a new business operation. The Land Development Code requires all new parking lots to be a minimum of five inches of concrete or asphalt. A drainage analysis will be required prior to the release of a grading permit for construction of the parking lot. The Commission may recommend a standard less than that required by the Land Development Code as a condition of the SUP ordinance. Fencing and Screening. There is an existing eight (8) foot tall chain link fence and an eight (8) foot tall wood fence along the north side of the property. There is an existing eight (8) foot tall wood fence on the east side of the property, adjacent to the residential uses (Ross Downs Addition). There is also an existing eight (8) foot tall chain link fence on the south side of the property. The applicant proposes to construct an eight (8) foot tall fence along the southeast property line adjacent to Ross Downs Drive to connect to the existing fences and to construct an electric gate across Ross Downs Drive. A proposed site plan has been provided by the applicant and is included as an attachment to this agenda briefing. Staff recommends the existing eight (8) foot fence adjacent to Ross Downs Addition be required as a permanent screening device as a condition of an approved ordinance for this property. If the existing eight (8) foot fence is not located on the subject property, staff recommends that the applicant be required to construct an eight (8) foot opaque, wood fence upon the removal of the existing fence. Staff also recommends a landscape setback along the eastern property line that is in compliance with the Land Development Code where this property abuts residential uses. The Land Development Code states the following: . ..a minimum twenty (20) foot wide green belt of "live plant material of the evergreen variety" which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers, for the entire distance along which the development abuts the residential district. It appears there are existing trees along the eastern property line adjacent to Ross Downs Addition. At a minimum, staff recommends the existing trees be preserved as a buffer as a condition of the ordinance. On October 21,2003, City Council approved ordinance 0-03-1416 for the PUDC zoning designation for the property located on the south side of the subject property. Ordinance 0-03-1416 approved the outdoor storage of recreational vehicles and required a landscape screening plan, including a tree planting plan, for the portion of the site adjacent to the residential uses in the Ross Downs Addition. The fencing and screening requirements recommended by staff for this request are based on consistency with the approved ordinance of the adjacent property due to the similarity of proposed uses. Agenda Item No.5 - Page 2 Access. Ross Downs Drive is not classified as a public roadway. In the case of an emergency, City of Colleyville emergency services may not be able to access the property from Ross Downs Drive. Access to the property must be provided via 6703 Colleyville Boulevard, which has a fire lane shown on the recorded plat. The applicant has indicated the Fire Department can gain access to the property. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use is not in full compliance with the Master Plan. Although the front portion of the property is currently used for retail business uses, it is doubtful that the vacant rear portion would support the development of a new retail business. The proposed use may help to generate additional business activity along Colleyville Boulevard. Development Trends. The long-term trend for this area is nonresidential development. Property in the area is generally suitable for nonresidential development. Infrastructure. Water and sanitary sewer services are available along adjacent rights- of-way. The developer is responsible for the extension of utilities to the property if necessary. Public Notification. Staff mailed notices to 17 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 one letter in opposition to this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: April 24, 2006 City Council: May 16 and June 6, 2006 RECOMMENDATION Approval, with the following conditions, which have been inserted into the draft ordinance: 1. The repair, servicing and sales of recreational vehicles and boats shall be prohibited. 2. The outdoor storage business hours of operation will be limited to 7:00 a.m. to 8:00 p.m. 3. All recreational vehicle and boat storage will be located on the east side of the property. 4. No permanent structures, including covered parking or storage structures, will be erected on the site. 5. The maximum combined number of recreational vehicles and boats on the site will not exceed 25. Agenda Item No.5 - Page 3 6. The pavement for the parking area shall be constructed of concrete or asphalt in accordance with the Land Development Code. 7. The existing trees along the property line adjacent to Ross Downs Addition be preserved as a buffer to the residential uses. 8, The existing eight (8) foot fence adjacent to Ross Downs Addition be required as a permanent screening device. If the existing eight (8) foot fence is not located on the subject property, the applicant shall be required to construct an eight (8) foot opaque, wood fence in the event the existing fence is removed. 9. The portion of the perimeter fence located along the southern property line be eight (8) feet tall, per the Land Development Code. 10. A landscape setback along the eastern property line in compliance with the Land Development Code. 11. A drainage analysis will be required prior to the release of a grading permit for construction of the parking lot. ATTACHMENTS · Zoning and Location Map · List of Property Owners Notified · Development Review Committee Memo · Applicant's Response · Information and Drawings from Applicant · Letter in Opposition to the Rezoning Request · Plat of Adjoining Property · Draft Ordinance Agenda Item No.5 - Page 4 Zoning and Location Map Z-06-007 Colleyville Area Chamber of Commerce 6700 Colleyville Blvd, Colleyville, TX 76034 Double Rainbow Ltd. PO Box 610764 Dallas, TX 75261 Graham, Jas Will Etux Angela 6616 McMakin Ct. Colleyville, TX 76034 Schwob Investments Ltd. 717 Red Ridge Road Durango, CO 81301 The Wickham Family Ltd. Prtnshp. PO Box 110278 Carrollton, TX 75011 List of Property Owners Notified 3 J Green Limited Partnership 6620 Colleyville Blvd, Suite 100 Colleyville, TX 76034 Conbined Enterprises Inc. 6607 Colleyville Blvd, Colleyville, TX 76034 Eklund, James B 3005 Columbine Drive Grapevine, TX 76051 Hart, Neil Etux Sherrie, applicant 1600 Glade Road Colleyville, TX 76034 Sheker, W Clyde Etux Lavonne 6700 Kennedy Drive Colleyville, TX 76034 Total Enterprise Inc. PO Box 610764 Dallas, TX 75261 Anderson, Gary D Etux Becky S 6618 McMakin Ct. Colleyville, TX 76034 Cook, Donald L Etux Susan J 6620 McMakin Ct. Colleyville, TX 76034 Flowers, Gregg W Etux Karol 8 6614 McMakin Ct. Colleyville, TX 76034 Rucker, Richard B Etux Sharon 6705 Colleyville Blvd. Colleyville, TX 76034 Sun Valley Properties 5301 Sun Valley Drive Ft. Worth, TX 76119 Wilson, Harold Est & Kathy 211 Meadow Lark Duncanville, TX 75137 Development Review Committee Memo DATE TO FAX FROM April 3, 2006 Neil and Sherri Hart 817.421.2585 Chris Fuller, Development Coordinator SUBJECT Z-06-007 6703 Colleyville Blvd Special Use Permit The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a landscape plan for the property. Staffwill recommend a 20-foot landscape buffer where the subject property abuts residential uses per the Land Development Code. Section 4.6.3.j states, "there shall be a minimum twenty (20) foot wide green belt of "live plant material of the evergreen variety" which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers, for the entire distance along which the development abuts the residential district." 2. Will the proposed storage area be paved? Specify the material to be used for paving. 3. There does not appear to be sufficient area to permit vehicle maneuverability for the seven parking spaces on the east side of the property. 4. Are covered parking/storage structures proposed? If so, provide an illustration or detailed description of the structure, including height and material. 5. Where are covered parking/storage structures proposed? 6. Do you intend to plat the property? 7. Will any permanent structures be constructed on the property? 8. What are the hours of operation, including drop-off and pick-up of boats and RVs, regarding this property? 9. Where is outdoor lighting proposed? 10. Will boats and vehicles be repaired or sold on the premises? 11. Will the proposed storage be limited to the eastern portion of the lot behind the existing patio area? Staff may recommend limiting storage to this area. 12. What is the maximum number of boats and RVs you anticipate to accommodate on the lot at once? 13. In the case of an emergency, the City of Colleyville may not be able to access the property from Ross Downs Drive. Adequate access must be provided to the property via 6703 Colleyville Boulevard. How will this be accomplished? GENERAL INFORMATION 1. If the Special Use Permit request were approved, the property would be subject to the general provisions of the ML-Light Manufacturing district and any conditions affixed to the Special Use Permit imposed by the Planning and Zoning Commission and City Council. Detailed review for compliance with the regulations will take place during the site plan/landscape plan and construction phases of the project. 2. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be available for review not less than 72 hours prior to the Planning and Zoning Commission meeting date. 3. The Special Use Permit regulations require submittal of architectural drawings, such as elevations, concept sketches or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of su,ch drawings would more clearly portray the nature and character of the applicant's land use and development proposals. 5. The Land Development Code requires sidewalks along all public streets, A sidewalk is required on Colleyville Boulevard. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 5-feet wide. COMMERCIAL DESIGN DISTRICT 1. Buildings constructed on this property must meet the minimum architectural design standards contained in Chapter 6 of the Land Development Code. All buildings constructed on this property must meet the design requirements of the ML-Light Manufacturing zoning district, which requires a minimum design score of 30 points. The score is based on an evaluation ofthe following criteria: fa9ade articulation, sloping roofs and surfaces, shade coverage, horizontal and diagonal roof planes, and fenestration. If the Special Use Permit application were approved, a separate site plan and landscape plan is required prior to submittal of a building permit application. The site plan must include a building footprint and building elevation drawings for the City to determine compliance with the Commercial Building Design Guidelines, OTHER INFORMATION 1. 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 Fee is based on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $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 TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, April 24, 2006, 7:00 p.m. Tuesday, May 16 and June 6,2006, 7:30 p.m. RESUBMITT AL 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. The above requested items must be submitted no later than noon on Wednesday, April 19, 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. Applicant's Response April ~ 200c5 I>evelopment Review Commmec Ann~ GIJrls Pulla't Devolopmot CoordinaW City Of CoIIeyvi1le k Z-06.001 6103 t:oJJayvilltl BI'Vd. Spogial Ui. Pthtli, Follo.wS; Is reapolJIe to )lOur fax received GIl Apil3t2006: I. Atea ill. quadon where lIndKlfelJelt is inquemon has bad aD 8. ft. fente since J99'). Daly 0Il0 boU5e1roal Ross DoviD.Eitatel8dJolas dw prapmy anl.l 'Wuuld IW\ $eO to 20 ft gI't-QDboll 2. ~..\lsms ree,dedblaektOpforSlOflPIIelL 3. 'fhete is $v,ffici_ .. for mauvmng1Pri1h.dJe. abandoned oW Ron Down Road. 4~l'hercwmbC DDClOYmcd am,.. 5. N/A 6. f do liot iDEend 10 plot propmy 8t this time. . . 7. "lb.eJc1llO 110 pa:m1J~ ~ on dHs piocc ofpropeny. 8. Tim.:: of ~G1iOD~ bcfmm 7~o(hm to 8:00 pm. ,. 'd be: ~ w. ~ had 1Wl) at.tHt C)f (S\Wd light$ln dds s.. )',:_'--'-:~ -..---...' .' -- -- .'. -.. .....--..< 10.....~~ljit1)e~.lJOa4.Qt.'1tyt.J...ltOmIon.thjj..property. 11- A1J$f(l...~\bjiilJri1ed.lO.IrQl~~fpatio 4Vt!a bdaindci.f), wood. fe.. 12. 1'l1t 1!'sximulll"UltJbet6f'II6atsOiRV$b)tllle W01Id be limitadto 15. 13. Cjty of Colle.yvnte Fire Department already has aooess to property from Ross Down Drive and also from the nonh side .of 6703 CoUeyvillc Blvd. (Hart Pool). All keys 10 all 8ate$ 8J(: in the Knox lotk box located in front of building. If automatic gale is installed it will comply with the fire Marshals requirements_ Submitted by: Neil and Shcmie Hart 317-2~]-3'85 or 84 cell 817-421-2582 fax Information and Drawings from Applicant March 23, 2006 City Of Colleyville, TX Planning and Zoning Commission Re: AJ. Survey, A-963 To whom it may concern; We are requesting a special use permitto allow RV and boat storage. To the north of said property is zoned lightindustrial, to the south is zoned light industrial, to the east is zoned residential (Ross Down Estates) and to the west is Colleyville Blvd. Respectfully, Neil and Sherrie Hart ~---_.--" - (--..- . "_..,".~.~v ~ r." ~ ! ~ ~ ~. 1 >- ~ a.. w .... f c= Q "'" r .. w"".. - ac:;~ ..... -" - ... ~" i ~ t \ l ~ \ i \, '. '"'. 'QI --, ~ ~ \ Il. 1-' .... ~ -I- L:- - !~._-- IA ~ "" \ ---.. ......." ..-. '.,-- "t .-". ~ "---1.---,._ G 11.1( 'iIn t! ~~ ~~ -.,--",-..- ,. -.. :t_ .'-t- ''% ~ ~ IJ' "1 v i: .. 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". nil llillU -t ~i h ~~ ~~ ~ I!. ~ i ~ \ " \ \ Letter in Opposition to the Rezoning Request Date: Thu, 13 Apr 2006 11:59:30 -0400 From: jerry@championcheeraHstars.com To: fuller.C@ci.colleyvlle.h<.us Cc: jennifer@Champtoncheeratlstars.com Subject Zoning for 6703 Colleyville Blvd. Chris Fuller City of Colleyville Pursuant to our phone conversation yesterday I am writing to express our concerns about the adding of a "RV/BOA T STORAGE AREA" to the property at 6703 Colleyville Blvd. The entrance to our faciHty is the driveway on the north side of Hart Pool and Spa and on the south side of All-Pro Glass. This driveway is a narrow two lane entrance. The entire width of the driveway is classified as a Fire Lane. The Fire Lane runs the full length of the AU-Pro Glass building and Hart Pool and Spas fence. On a dally basis this driveways use is compromised by a dumpster. parldng,outside storage and loading of trucks. Any increased use of this driveway is going to add to a situation that is allready str.fned. Particularly large vehicle use. Jeff Jones of the Colleyvitle Fire Department Is very familiar with thls situation. The next concern is access from Highway 26. There is no left hand turn lane for south bound traffic to turn Into either the entrance driveway, Hart Pool and Spa or All-Pro Glass. Many southbound drivers have a tendancy to use the northbound left hand turn lane when turning. The Colleyville Police Department has talked to me several times concerning this situation. They have asked us to advise our customers that they would have to start issuing citations to violators. We have other concerns about visually distressing situations in this immediate area. Outside storage being the main problem. This mayor may not be covered by code exceptions, It is not a very appealing situation. Thanks for your time and if you have any questions please call. Jerry McNamara Champion Cheer 6707 A Colleyville Blvd Ste A COlleyville TX 76034 817251.1546 x6# 4, LlMI rtl:) '. lMiI :.L ',U. " ~~ Kill 10' ~f """~. ~O.s. Jr 'I;"~ '/1' IlI5 .. ~Q>;(; ..-: / ;' i i 1/7 ~; l / /1 l "- --. .~ -""""" Plat of AdjoiningPrQperty ,,~ 1\0 \J Lor 2ft.. ll;.\~)t.. 4" '~r U")JS1~""l ~JH(,.r.; oj. JU;-1'r2. p $~ poftrC". lQl;ED W. ~ ~. 8 , ~ ~ ~ , I I I ! ;, ':!'-..-t. t. '( l~~ S 82"r ~., _ 2i.i,) . l U r E If- .<<" , .~ ".l ..,.... ..1;<1 ~ ....":J,i,r/,If ~ cy ~ ......l "" ~ }s.' tf1/~- - !'I:f~" . " /:1;:;/ ~l:J'4. '~~~ ,i' .>'<u / ~ 4' -/, i <- ~ ~ ! ~:f::'2J ~ ci;ji o ""~II ;a, ,i' IMI.V . <0- ""..- 1; 211, LOT 1R1 17,221 S.. O. J95 /l.CRES tJ.;; "- '" c ~ IJ] ., ~I~.'"l>!i.. H.JJ ..... 151.33 "J ~ " u. , 'cr ..~. S 67::.>9'2'""'" :;12.1"/ I "i / f I s-, 7/ II .!:!t ~ ~ / ~i ;J; e ....1' lilt ~-....- Subject Property: 6617 ColleyyilleBlvd f ;'j.: .. ~ R 0'"'1 Ii '''''iti~f ~ C ~~, 5G . ,.; ,I () '~L .... ..-t' ~--l..u.~ -,-!!!!~!"',;j.r...- I~ - . .~~;f_4{:(~ ~"~lKt~~:~~---'-' S e:'Ji'U'E -. ''''~J. ,-N 6i'J4'-4.n" Jl.26 ro:-'~ N V_~"-~JI 1 R~! O~J-~~ [11<+.cr WNW fA ", ,-"...::, ~ LOT 11'0 lSMS~[s ':r)t/ I\~ \.0 221.41 S 8740:1 J"';N 226.1 "-. '" '-.... ft<NFS'!"" R ()'/h ''-I - Se~i}i {r 420 LDNW ilL 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 AUTHORIZING A SPECIAL USE PERMIT TO ALLOW AN OUTSIDE RECREATIONAL VEHICLE AND BOAT STORAGE YARD ON 0.877 ACRES IN THE A. J. LOTT SURVEY, ABSTRACT 963, LOCATED AT 6617 COLLEYVILLE BOULEVARD; 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 Neil and Sherrie Hart on March 24, 2006, under Case No. Z-06-007; 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. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow an outside recreational vehicle and boat storage yard on the premises on an 0.877 acre tract in the A. J. Lott Survey, Abstract 963, located at 6617 Colleyville Boulevard, as shown on the attached zoning location map attached as Exhibit "A" and described by metes and bounds as shown on the attached Exhibit "B". The site layout shall be generally consistent with the attached Exhibit "C". The Special Use Permit shall be subject to the following conditions: 1. The repair, servicing and sales of recreational vehicles and boats shall be prohibited. 2. The outdoor storage business hours of operation will be limited to 7:00 a.m. to 8:00 p.m. 3. All recreational vehicle and boat storage will be located on the east side of the property. 4. No permanent structures, including covered parking or storage structures, will be erected on the site. 5. The maximum combined number of recreational vehicles and boats on the site will not exceed 25. 6. The pavement for the parking area shall be constructed of concrete or asphalt in accordance with the Land Development Code. 7. The existing trees along the property line adjacent to Ross Downs Addition be preserved as a buffer to the residential uses. 8. The existing eight (8) foot fence adjacent to Ross Downs Addition be required as a permanent screening device. If the existing eight (8) foot fence is not located on the subject property, the applicant shall be required to construct an eight (8) foot opaque, wood fence in the event the existing fence is removed, 9. The portion of the perimeter fence located along the southern property line be eight (8) feet tall, per the Land Development Code. 10.A landscape setback along the eastern property line in compliance with the Land Development Code. 11.A drainage analysis will be required prior to the release of a grading permit for construction of the parking lot. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-06-xxxx Page 3 of 3 THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor Ordinance 0-06-xxxx Page 4 of 3 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING AND LOCATION MAP "SON pKW EXHIBIT B - METES AND BOUNDS DESCRIPTION LEGAL 'OESCRIPTION BEING all that cortaln tract, parcel. or lot of land located In the A. J. LOTT SURVEY, Abstract No. 963, Tarrant County, Texas. and beln~ the tract of land described In Volurrie 4172, Page 106, of theOe:id Records. Tarrant Count)', Texas (DRTCT), a portion. of :the tract of land described In Volume 3967. Page 50. ORTCT, and a portion of the. Old Ft. Worth and Grapevine Road abandoned by Tarrant County Commt..lon~n'8 Court, Order No. 8448, September 28, 1936, recorded In Volume 32, poge 837, Minute. of the Tarrant County , Comml.s.loners Court. and more particularly de.cribed' 0$ follows: BEGINNING at a 1/'L' Iron rod found In the sOl,ltheast line. of CoUeyvllle Boulevard for the most westerly southwest comer of 'Lot 1 R2. Block 1, WEST INDUSTRIAL ADDITION to the City of Colteyvllle, Tarrant County, Texas, according to the plat thereof recorded in 'Cabinet A, Slide 720, ,of the Plat Records. Tarrant County,' Texas (PRTCT): . THENCE S 68"57'00" E, 105.20 feet along the .outhwe.t line of said Lot 1 R2 to a 1/'L' Iron rod found: ' THENCE N 8759'21." E. 212.17 feet along' the south line of said Lot 1 R2 . and. Lot 1 Rl of the aforesaid Block 1, to a 1/'L' Iron rod.. found in concrete: ' THENCE' THENCE THENCE THENCE . THENCE THE~CE THENCE THENCE' . THENCE .:. S 28"26'1 r W. 1.05 feet along sold south line of Lot lRl to a 1/'L' Iron rod found: N 8740"13" E. 55.26 feet along the south line of .ald Lot 1 Rl and Lot 1 R3 of the aforesaid Block 1 to a 1/'L' Iron rod found for the west corner of the tract of land de8crlbedln'Voiume 8331, Page 379: S 69"01'48" E. 8.10 feet to a 1/'L' Iron rod found for the south comer of sold tract of land described In Volume 8331" Page 379; N 53"15'00" E. 5.67 feet to a 1/'L' Iron rod found in theatoresaid. south line of Lot 1 RJ for the east corner of said, tract of land descr:ibed in Volume 8331, Page 379: . N 87'40'13'" E: 21.53 feet along said lOuth \tn. of Lot ~. 1R3~0___9"'7_l_jC9..n_(od f<!I~..t:ld Jocth.~ nortt\Y{~st corner of Ro..Oowns Estates II. an Gcldltion to the 'City of Colleyvihe. teirrant County, Texo.; occordln9 to the plot thereof recorded In . Cabinet A. Slide 799, PRTCT: S 02"0....24". 'E, 57.90 feet along the we.t line of sold Ross Downs ~tot.s II to a 1/T iron rod found: S 8755'36" W. 66.82 feot to a 1" pipe ~n concrete found: '; N 38"11'~9'" W, 15.89 feet to a 1/'r Iron rod found: S 51'48'51.- . W. 260.25 feet to a 1/'1' Iron rod fOl,lnd bent, and replaced ,with a railroad .plke set In asphalt: EXHIBIT B - METES AND BOUNDS DESCRIPTION (cont'd) !IC 6"52'23" W, 25.05 feet to an Iron rod found with 0 plastic cop stamped "JOZ 1249<1' for the south corner of the tract. of land described In Volume' 9302, Pago '~6G, . ORTCT; '.'::rHENCE N 51'48'5'''E, 110.46 feet to an Iron rod found with a plastic cap. stomped .. JOZ #249<1' for the east corner of sold troct' of. land described in Volume 9302, Page 1566: ,:~ENCE N 61057'36'". W, 139.94 f~et to 9.n iron rod found with 0 ;~::;-..,,:; ":""{.~J,~"",'d".'<~ ',' '(;.':N':~~'P.J'~'ilD-Z---"fi24""''':'(lJrG""e-''-p~'t'\t._-""0f" ",._-~ sold' tract of land described in Volume 9302, Page 1566: THENCE THENCE S 8756'04.' W, 108.18 feet to on Iron rod found with 0 plostic cap stamped" JOZ 1249<1' for the northwest comer of' said tract of land described in" Volume 9302, Page 1566.. said iron rod being In the aforesaid southeaat line of Colleyville Boulevard: N 26"41'09. E, 105.60 teet along sold southeast line of Colleyville" Boulevard to the POINT or BEGINNING, containing 0.877 acres (38,216 aquore feet) of land, more or les8. . THEN.CE EXHIBIT C - SITE LAYOUT (.r_=~ . _."......~.- ~ ~ ! Q ~ t ~ '" ~ "" \- --:~ -- . ( ~~:,~. ~l 'lC ~ ~~ =~ '~ '- ,,\"-'''' '-, '10,....... -.........""......... ~'"'-t . -.... '" '- "'- l<..~ * 'r~---~'~ - t ~~ ~ ~ VI ~ & 'II: ~c ~! ~.~ ~ .( ...".. :r ....... oq Q; ~ ~ '11.1 t .,,; ~ j " S> \:" .~ " t( /&~\' / \ I:J, ~ 'iL l \. ~ I 1 >- ~ :; f Ii iii~ c.a ..... -' - .... I,' ... ~ n Ii - ~ '4f &.4 ~ 1,)' Iil y t '1 "" Iii -< .~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 24, 2006 I Prepared by: I Chris Fuller eic Develooment Coordinator Z-06-008 - PUBLIC HEARING - Request for a zoning change from RE - Residential Estate to PUDR - Planned Unit Subject: Development Residential on 4.15 acres on Lots 1A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road STAFF REVIEW COMMENTS Request. GTF Design has submitted a request on behalf of Signature Senior Living, LLC, to change the zoning of 4.15-acres, located at 5604 and 5700 Pool Road from RE- Residential Estate to the PUDR - Planned Unit Development Residential zoning designation. The applicant is seeking a zoning change in order to develop the property for an assisted living facility. Existing Conditions. The property is platted and currently vacant. In order to develop the property as proposed by the developer, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. Master Plan. The Land Development Code classifies assisted living facilities as a residential use. This rezoning request is consistent with the 2004-2025 Future Land Use Plan, which designates the subject property for future residential uses. Site Plan. The developer has provided a conceptual site plan, which will be incorporated into the PUDR ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. The applicant is proposing a 42,080 square foot, single-story assisted living facility. The facility will include 42 units for assisted living residents and 10 units for memory care residents. The total number of residential units within the facility will be 52, with a total number of 60 beds. Staff recommends that the PUDR ordinance state the number of permanent residents within this facility may not exceed 60. The parking regulations for assisted living facilities require one (1) space per each three (3) beds or one (1) space per individual sleeping unit, whichever is greater. The proposed request would require 52 parking spaces. The applicant is proposing 41 parking spaces. The Commission may recommend a standard less than that required by the Land Development Code as a condition of the PUDR ordinance. Fencing and Screening. Assisted living facilities are classified as multi-family residential uses. When adjacent to single family uses, the Land Development Code Agenda Item No.6 - Page 1 requires multi-family uses to provide screening along the side and rear property lines. The applicant is proposing an eight (8) foot opaque, PVC perimeter fence along the west property line. Due to grade differences between the site and the adjacent property, a two (2) foot retaining wall will be constructed. The eight (8) foot perimeter fence will be constructed on top of the retaining wall, which will ensure that the eight (8) feet of fence height is measured from the same grade as the existing homes. The applicant has provided an exhibit of the fence and the grade differential, which is attached to this agenda briefing. The applicant does not propose a fence along the southern property line, which is adjacent to property zoned for residential uses. The applicant has also proposed a twenty-eight (28) foot landscape buffer between the western property line and the side of the proposed building. The site plan indicates twenty-four (24) Eastern Red Cedar trees, placed on fifteen (15) foot centers, will be planted within the landscape buffer between the western property line and the proposed building. The trees will be a minimum of eighteen (18) feet tall. Open Space. The PUDR regulations require a minimum twenty (20) percent of the development be reserved for open space. The proposed development exceeds the open space requirement, with open spaces situated throughout the site. The proposed site plan shows 54.6 percent of the total development as open space. Residential Density. The Colleyville Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 52 residential units on this 4.16-acre property will produce a density of 12.5 dwelling units per acre. However, the 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as a transitional areas near major street intersections. Lot Sizes & Widths. The PUDR regulations require a minimum lot size of 13,000 square feet and a minimum lot width of 100 feet. However, there is a presumption that the minimum lot size and lot width required by the PUDR regulations are intended to apply to subdivisions platted for detached single-family developments. Upon approval of the rezoning request, the applicant will be required to replat the property into one lot, which will meet the minimum lot size, width and depth requirements. Sidewalks and Trails. There is an existing sidewalk located on this site along Hall Johnson Road and Pool Road. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. Surrounding Properties. The surrounding properties are composed of a variety of land uses, including commercial on the east side of Pool Road, religious on the north side of Hall Johnson Road and single family residential to the west and south of the property , Development Trends. The development trends in this area are consisted of residential uses. Agenda Item No.6 - Page 2 Tree Preservation. At time of site plan approval, a tree replacement plan will be necessary for the non-exempt trees proposed for removal. A detailed tree survey of the property is required after final plat approval, upon application for a clearing and grading permit. A copy of the approved site plan should be overlaid onto the tree survey in order to show the size and type of existing trees on the lot. Trees within with rights-of- way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. A table will be provided on the exhibit which lists the size, per caliper inches, and type of trees on the lot. Infrastructure. Water and sanitary sewer services are available along adjacent rights- of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process, Access. The development will have access from both Hall Johnson Road and Pool Road. 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. Assisted living facilities are expected to generate 2.15 trips per day, per residential unity, on average. Based on this average, the 60 proposed beds would add 129 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to sixteen (16) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Three letters in opposition have been received and are attached to this agenda briefing. The percent of land within 200- feet of the property that is owned by property owners in opposition to the request is 9.3 percent, which does not trigger the super-majority requirement at City Council. SUMMARY While the proposed development may not be synonymous with single family residential uses, it is in compliance with the 2004-2025 Future Land Use Plan. Staff feels the location of the development is ideal for this particular type of higher density residential development as the project is located at the major intersection of Hall Johnson Road and Pool Road, which are both considered improved roadways. The recommendation for approval is based upon what staff feels is an appropriate land use for the site, minimum traffic impact on Hall Johnson Road and Pool Road and adequate screening site design standards adjacent to existing residential uses. Agenda Item No.6 - Page 3 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: April 24, 2006 City Council: May 16 and June 6, 2006 RECOMMENDATION Approval, with the following conditions, which have been inserted into the draft ordinance: 1. The number of permanent residents within this facility may not exceed 60. 2. The trash enclosure will be constructed of an eight (8) foot brick wall with wood gates. 3. Exterior lighting must be directional and may not measure more than 0.5-candles at the west property line. 4. An eight (8) foot opaque, perimeter fence shall be constructed along the west property line, measured at the existing grade of the adjacent lot. The fence location and design shall be consistent with the fence exhibit attached to the ordinance. 5. A twenty-eight (28) foot landscape buffer shall be located between the western property line and the side of the proposed building. 6. Twenty-four (24) Eastern Red Cedar trees, placed on fifteen (15) foot centers, shall be located within the landscape buffer between the western property line and the proposed building. The trees will be a minimum of eighteen (18) feet tall. 7. The exterior architectural elevations will be generally consistent with Exhibit liD" in the draft ordinance. ATTACHMENTS · Zoning and Location Map · List of Property Owners Notified · Development Review Committee Comments · Developer Response to DRC Comments · Information and Drawings from Applicant · Letters in Opposition to the Rezoning Request · Draft Ordinance Agenda Item No.6 - Page 4 Zoning and Location Map D NORTH Signature Senior Living, LLC., applicant 106 Decker Court, Suite 200 Irving, TX 75062 Davis, Tom Etux Sarah 708 Colleyville Terrace Colleyville, TX 76034 Intfen, Christopher Etux Marga 5601 Winding Trail Colleyville, TX 76034 Pennington, David F Etux Marie 2516 Hall Johnson Road Colleyville, TX 76034 Thompson, Dwight E Etux Beth L 2503 Kings Ct. Colleyville, TX 76034 GTF Design Robert Kramer, applicant 8251 Bedford-Euless Road, Suite 250 North Richland Hills, TX 76180 List of Property Owners Notified Baca, Richard Jr Etux Patricia 4905 Behrens Colleyville, TX 76034 Diershaw, Kelvin Etux Deborah 5605 Winding Trail Colleyville, TX 76034 Lucart, Sean T Etux Linda A 2504 Kings Ct. Colleyville, TX 76034 Przano, Anthony P Etux D Dawan 2509 Ballantrae Drive Colleyville, TX 76034 Yin, Hai-Kuang Etux Nanyi 2501 Kings Ct. . Colleyville, TX 76034 Bedford Christian Church 2600 Hall Johnson Road Colleyville, TX 76034 Gray, Travis P Etux Kathleen 5801 N Ballantrae Drive Colleyville, TX 76034 Pearson, Patrick L & Celestine 2500 Kings Ct. Colleyville, TX 76034 Sanders, Billie Joyce 5500 Pool Road Colleyville, TX 76034 Young, M Elizabeth . 2502 Kings Ct. Colleyville, TX 76034 Development Review Committee Comments DATE April 4, 2006 TO Robert Kramer FAX 817.514,0694 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-008 5604 & 5700 Pool Rd - PUDR The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Where will outdoor lighting be located? Exterior lighting must be directional and may not negatively impact adjacent properties. 2. Provide proof of ownership of both lots, Tarrant Appraisal District currently lists Richard and Patricia Baca as the property owners, If the applicant does not currently own the properties, the current property owner must sign the application or provide consent to the rezoning request. 3. A replat will be required upon approval of the rezoning request. Section 3.28.C of the Land Development Code states, "No building may be constructed across existing platted lot lines unless a replat is filed and approved in accordance with applicable regulations of the city." 4. A site plan and landscape plan application will be required upon approval of the rezoning request and replat. 5. The exterior building elevations will be included in the proposed ordinance. 6. Provide an exhibit illustrating a section of the proposed PVC screen fence to be located on the west side of the property, 7. Provide preliminary drainage and utility plans at the time of preliminary plat submittal. Contact Robert Woods, Project Engineer, 817,503.1094, for more information. 8. Staff may recommend the following development standards as conditions of the approved ordinance: A. The number of permanent residents within this facility may not exceed 60. B. An 8-foot solid fence will be required along the west property line. C. Nineteen 3-inch caliper oak trees on 20-foot centers shall be located between the primary structure and the west property line. D, The trash enclosure will be constructed of an 8-foot brick wall with wood gates. E. Exterior lighting must be directional and may not measure more than 0.5-candles at the west property line. GENERAL INFORMATION 9. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be available for review prior to the Planning and Zoning Commission meeting date. 10, Development requirements not specifically cited by the applicant shall be required to meet the PUD- R zoning regulations and development standards as stated within the Land Development Code. II. There is an existing sidewalk located on this site along Hall Johnson Road and Pool Road. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. 12. The planting of replacement trees may be required in order to mitigate the removal of non-exempt existing trees. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. OTHER INFORMATION 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 WATER Details are available in Chapter 13 of the Land Development Code. $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. 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, TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas, Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, April 24, 2006, 7:00 p.m. Tuesday, May 16 and June 6,2006, 7:30 p.m. RESUBMITT AL 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. The above requested items must be submitted no later than noon on Wednesday, April 19,2006, 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 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions, Developer Response to DRC Comments The CoJleyvHIe Department Review Committee- (DRe) has reviewed your zoning exhibit fOT YOlIf Special U~ Permit req~ submiUed tQ "lis QtrlCe. Th~ Following comments are for your oonsideraUon. The FoIIowiD&: Commcllts Require a Reapo_e from Ule Applkaat: Th.e response by Galler, TolsoD, & Freneh Arehi'ed: aft.! Digblighted in G~n I. WblH1e will Quldoor lighting be located? ax.erior lighting must be directional and may not negatively impact adjaoc:nt propcrlies. These fixtures bave now ~ loeatlld on the revised Sheet I - site plan as per yoor request. All tbtu..~ either waU. ground or pole monted bRn the ability to be i\dJust~ and dlrN1C!d 811 to t:onfonD the dty and neighborhoods RqIl1R'meftts. 2. Provide proof of ownership of boCh lots. TllfTlInt Appraiw District c~dy lists Richard andPatrieia Iloca as the property owners. If the applialnl does 001: ronently OWll the propettles, the current property owner mu st sign the application or provid~ oons.ent to the rezoning request. A dlKumeBt froo) the owners is. being funilslud with this. n:vM:.'W commllnt teuer. J. A llIfllatwill be requhed upon approval of the remning request. Section J.21.C ofdlC lttJtd Development Code st.ates, ""No bl1ilding. may be oonstJuckd acrosscrostiog platted lot noes unless a ~at is tiled and approved in &(.Q)roMce with applicable reguJatiOIDjl ofchc city." Owner and it's I'l!prelleflQitiv4."$ -..'iU wmply illS required by Cfty 4. A $ikpl$.lt and Wldlilalpo plan applicatiOlil will be roquired upon approval of the remning request and replat. Own.er tmdit's representlltive!Ji w.m t.'Olhply as nquin:d by City 5. The exterior building elevations. will be included In th.e proposed ordinancc. Building elevAtiollShll,,'e ~'b sltbmitllod with origillilll zoning ~bange pa~lwgt'. 6, ProviOO and exhibit illusU'ating a seaioo of the propooed PVC S(:tee1'I fence to lie located on the west side of the property_ Thill exhibit bu becu ~ OD thl! Bew Skeet .. - Une olSite dll"a...'ing. 7. Provide prelimilW)' drainage and uti lit)' pblns at the time of prc-.liminary plat submittal. Contact Robert Woods. Projed Engineer, 817.50J.l094, forml.'lr'e infonnutKm. Tbis iDforlWltion is provtded by 01..' eomultant Kimley Hom &; AlI$Oda,le8 illite) included. 8, Staff may recommend the following development standards as cooditiollS of the approved <wdinance: UnderstOO<l. 100 Main Screet - Colleyville. Texas 16034 - 811.503.1 OSO DEVELOPMENT REVIEW COMMITTEE z...o6-00a '604 &5700 Poo1 Rd. PUDR A, The number of pennanent residents within this facUity mil)' dot exceed 6O.Accquable B. An 8~foot f~~ will be required along lke west pMperty line., Aeuptable C. Nineteen 3-ineh caliper oak trees on 2O-foot c;entcrs shall be located between lhe primary structure and tbe west property line.. AJllree infonnatiol1 is found on the revised Sheet l-Sile plan. Wr have IRcreased the qW1lutlty of trees and d(!utlll~ Che llpadng to provklefor beUer seRenin&: en:n in the earl)' g~ of grown., o. 1l1e tmstl enclosure will be cooslroeted oran 8-fOOt brick W41.1I wilh gtIles. Aceeptable E. ExtoriorlightinS must be dir~iooBI and may I10t measure IiWx'c than O.SooCllooles at the WI:St property line. We \\1m bA\'C our lighting tOQ9ultallt meet these requiremcnt.~ GENI~RAL lNFORMA TION 9. The staff ",port of the Plannintl: and Zoning Commission a.nd City Council regarding this zooing dJangc: ",ill include a proposed ordttJilllICe OOGlaining sll8SCskd oonditiOO8 applicable (0 this type of development. A copy of d~ staff report and proposed ordiBa:I'IICe will be ..vailable for review prior to the PlaMing and Zoning Commission meeting date. Agreed 10. Development requiremcnflii not speeiftcally cited by theapplicant :shall 00 requinro to meet tho PUD-R zoning reglllations 8fId development sbmdards as stated within the Land Development Code, Agreed 11,. 'l"hefe is an existing sidewalk 10000ted on this site along )fall lohnS()R Road and Pool Road. The developei' will be responsible fur repl~ing and/or repairing the sidewalks. should daRNIge oc<:W'dtlring the coosttuetion process. prior to the IssUllJlce of a Cfificate of ~~ fQf new buikUop on the ~i'e. .Agreed 12. The pllDltins of ",placement trees mIY be rcquiied in order to mitigate d)e removal or non. exempt existing U<<$. C<mtact Chris Fuller. Development Coordinator. 8 I 7 .S03.1 054, for mOl'e infonnalion. Agl'~d OTIIERINFORMATION IMPAct FEES. WaCIw. $eWer and roadway Impact fees 81'0 due at the time a buikling pamit is i$Sued for a new structure on the propeny. The fees listed below are .dtended to provide general infortUlUJon on the fees that could be tl$SC$sed. The qctual foe pIIia may be different depending upon the specifk use oCthe propeny. proposed utility OOOstrudioo, or conditions in an existing City-Oc\'elopor Agreement. Detail! ace c:onllPned in Chapter I J of the Land Development Code. ROADWAY DeWIS ~ ""lIilllblc in Cilop1cr 13 ofe/1t; Lan.d De'o'dOglmenl. Co<k. WATER $2.666 rot a 1.llKh meter. Acl\laJ rcc dqIa1d5 on wale.' IIflttcr size 8/LdIor ir a l'MlW me1et i$ iMbIIb:ld. 8E.WEJl $200 fat a l.i.Ilch meter. ACIIlIllIoo dCfl'litlIll Oil wllltlt _I$' sUiO _/1'11 if ~ n_ m.:1!c:f i.5 in~"rcd, PARKLAND DEDICATION FEl~S. PIIJkIQd ded~Joo. fees are ..ssed ~ .'le lime Of~pproVllI of Ute stlbdMskm pW~ The fee lOr residetUia4 dc\'elopmeM is $ I .802 ~ 101. f>AOe HJP' J DEVELOPMENT REVIEW COMMIT'lE.E; Z-06-00B ,5604 &: .5700 Pool ReI. PUnk TREE FRESI:RVATION. Trees nallocated within the right-of-way mU5t be proRll'Yed during OORStnJctiall. Before construction "8mS on the site. protective feJlCing must be installed around all presefYed trees looated outside Ihe right-of-way_ 1M fOncing must be toc.ted at the drip line of the ~ tru5. The protective {wing lilY be ~i~ of oriulge vmyl ccoWul;bon foocm8. chain link fence. CJO$ion oontrol :fencing. or gtber similar fencing. The fencing ntll!il remain in place during the entire consb'uetion pcrmd. Agreed TREE SURVEY REQUIREMENT'. A detailed tNe SUrvfo'Y ofd1e property is reqlrited aRet aU rmal plat approval. at the time of submktal for a clearing and grading pennil A c;:opy of the approved subdh.i$ioJl. lot ~t 5hould be overlaid OoID the {roe survey in onIet to show the size: and type of e<<l:sting trees within the building setbackareu. TteC9 within with tfu;, right of way .slid buitding pld are (:~ from the 1ree mitigatioll requirements and do not have to be shown on the sut"\ie)'. Provide a tnblc 00 the exhi.bit ....t lists .he sin; per eatiperinches. and eype oftrees with in the building setback areas within each lat Agreed TENTAT~ PUBUC III:ARlNG SCHEDULE PlcllSC submit the following to our offices: · A written letter EWdressing ~hconltl1ent slating the oommenl has been addressed or stating reasons why therequ.irem.ent should be modified or waived. All ~omment are noted from tbe offices or Galle....Tolson- Frtlncb, An~httl!ds (RDbert Kramer retipooding .utIJor).. The above requested itc:m$ must besubmilted 110 later man noon on Wednesday; April 19.2006. in order 10 make the scheduled hcarinp. The itc;m will not be scheduled for the Planning & Zoning Commissiouraeeting until all items are submitted. PlclUlc QOntaetrne at 8[7-503.1054 or fl.! Il~ci.colley\, i Ile.ix_us if you have 31lY questions. Ie Db-va.onmmREVmw ccroMMJTTEE PAGE 3 OF ] Information and Drawings from Applicant signature Sea.or Living, LLC (SSL) was formed by Steven Vlek and un~ Martin. OUr home office Is located In Irving, Texas. At SSlJ we have over 50 vears of experience In development, acquisition and management of senior living properties. We have fndfviduatly and collectJvelV developed an outstanding reputation for quality of care and sound fiscal management within the senior care Jndustry. Amongst our management team we have developed, owned, managed or operated over 800 propertIes In more than 30 states. SSL has assembled a management team that is made up of experts from the Industry e.g., RN's, Ucensed Nursing Home Administrators, CPA's, CM~/s, MBA'S, Loss Prev(!ntlon Specialists and Effldenc.y Experts. The relationships that we have established wtth their residents, famines and staff of their communJtles have helped to develop an outstandlog reputation fOf our canmitment to the quality of life for their residents. Signature Senior Uvlng communities wilt offer a choice of assisted tlvlng and memory care apartments, with a variety of floor plans to choose from. The communities W111 provide 60 total beds in 42 units ofa55isted living and 10 units of memory care. Residents will have choices of 2 bedroom, Luxu ry and Oeluxe one bedrooms and suites. We provide two courtyards for our residents, families and friends' uS!! In this home-Uke environment. At SSL, we beUeve In customer cholc;e and working w1th each resident indlvidual'w to design a care and services package that meets their needs and wants. Each community offers a myriad of services and amenities for each resident to choose: three nutritious meals served In the elegant dining room, a wetlness center, a beauty salon/barber shop,iaundry faclUtlesJ weekly scheduled housekeeping, arranged transportation, a state of the art emergency ClIU system, Internet cate, ice cream parlor, and aeatlve life enrichment and exercise programs. Signature Senior Uvlng believes that providing cafe to seniors is truly a local business in your loCal community. We work ctos&ly with all CXlmm.unlty leaders to ensure that our services and business wilt benefit the local community, as well as our resld@nts and their families. ~- Steven l. Vick CEO b~~ ~. Martin President &: COO - --l , I , I , I I I , I , I I 1 ~i f..-t I 01 2' ~I 2:' ~I 0, t;\ , I , I , I I I , I , I , I ~ l'!' 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'UN" ~~~'~~ kcslsted U'ori11l oII'lld Memory CaR Ca:lIlnWU., n ORDINANCE 0-06-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.15 ACRES OF LAND ON LOTS 1A AND 2, BLOCK 1 OF THE WILDWOOD ESTATES ADDITION FROM THE RE- RESIDENTIAL ESTATE ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by GTF Design on March 24, 2006, under Case No. Z-06-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and 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, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-06-xxxx Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Co lIeyville , Texas, be, and the same is hereby amended by changing the zoning on a 4.15 acre parcel of land on Lots 1A and 2, Block 1 of the Wildwood Estates Addition, from the RE-Residential Estate zoning district to the PUDR- Planned Unit Development Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUOR is for an assisted living facility. b. The number of permanent residents within this facility may not exceed 60. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The site plan shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B". The actual site layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Final Replat in accordance with the requirements of the Land Development Code prior to development of this PUDR. c. The exterior architectural elevations will be generally consistent with Exhibit "0". 3. SCREENING a. An eight (8) foot opaque, perimeter fence shall extend along the west property line of this PUDR, as shown on the Screening Plan labeled as Exhibit "C". b. The fence shall be measured at the existing grade of the adjacent lot. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-xxxx Page 3 of 5 c. A twenty-eight (28) foot landscape buffer shall extend between the western property line and the side of the proposed building and be shown on the approved replat and site plan. d. Twenty-four (24) Eastern Red Cedar trees, on fifteen (15) foot centers, shall be placed within the landscape buffer between the western property line and the proposed building. The trees will be a minimum of eighteen (18) feet tall. 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. 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: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Ordinance 0-06-xxxx Page 4 of 5 CITY OF COLLEYVILLE David Kelly Mayor Exhibit A - Zoning and Location Map Exhibit B - Conceptual Site Plan . .-. '~.r_..___________~__~_"';""'.._~.~______ .. -+-- I ~ IS'GIlD IS.... .iDee. G!0,() 0 t)-t:i 0 (l; $ ~ !';, ~ m t . .' " ' ',,- - - I '.' l i ...~ .. . 't' '... I .1 I : ~ I' . 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':' i;'j rrj .~__~...' <~'~ '~>li1 ji ~ ~.. ,<tml]f'.I<I'l'l O.rJ...... .- ~ 't, ,,' ,~' ,-~, " ......1,.........., ,:",M1 . ...' ". I ., · _._..._._::_:~~:_: ~WWr~'~ A11IIted tM" and M~ c- (.CI,lt"o.u1. !'~ Exhibit C - Screening Plan -":i ~=:V D I\III\I~II I r t t I lu JJ,~L K1 -n'lM]1'K./'> ~~. pooIt.l.lu,^n p;I~~ ~1*.~ ....~ ~ e ''-1 . u ed ~~ ~~ ~~, 3S <0 . N ~~ : I ;.. !:l:: c - ~ "- ,0 ~ z. ::::3 o 2:::1W 1["-- titn El~ /1. I " w z :s i"" ~ .... ix: C;. z 0, E ~~'L ~ ~ rJ"; - E-- :c <.; ..... r;n '- o c.J z ::J~ ~ ~~ r:n (~ ~ ~ o ~ ':.. -0 l.1J o ' ...,- z.. -------------...- ~~.tj ~. 8.~ ...::::.... l.1J Z ::3 ~ ei .:.. o .:i:: .:a.. Exhibit D -Exterior Elevations ~- ~ J Ji . ~- ~,~ ~~;4 'l,,~ ~t ~ ' ~'ti ?L ":,, ~ 'f' 2 . M tL 1 n l4,- ~j; I ~e I "'~I'-- 4~ 't [J.. ~ u ow FP- fit If. :II,. II .,~ ~ ~ . ~ :~. c~L Ltf f- '. Ii it- tt '~t' ~ r .11 , .} ~"'lr 1 . I!m: mIRI'I.l. n 1lI-'-I~ := I ~-- s--.- ~ I 10 ' . · =-- =--- AiI'lloWd Uw.g o!II1d M~ CIlII1I : . ....---..-- ------- . ... -~ .. ~ ,L ~ - -, ";;T . " i) 11 "- I.' .. i .J" t AN I ,.. It ! " ". II , ,~.. - ~ .. ~~ ~1~1 'II ~~. ~. ~~. a 't ~- ~- ~- ~~ mm ro [J-I--=- = - - .......-.- ---..-. ..."..,....~,I~.......... . .......IHTd......... .UttH ~~ ~:.I..~ AilIlsled J..WIl1Iand MBIDi::KY CIIR ~Tll city Of ~~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: April 24, 2006 I Prepared by: j Chris Fuller ct Development Coordinator Z-06-003 - Request for a zoning change from AG-Agricultural to Subject: R30-Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates Addition located at 1304 Tinker Road Update 04/24/06 The applicant has requested this item remain tabled until the May 8, 2006, Planning and Zoning Commission meeting. The applicant has submitted a letter to staff revising the rezoning request to R30-Single Family Residential. A copy of the letter is attached to this agenda briefing. 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.7 - 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 . Letter Regarding Revised Rezoning Request . Location and Zoning Map . List of Property Owners Notified . Letter in Opposition Dated March 8, 2006 . Draft Ordinance Agenda Item No.7 - Page 2 Letter Regarding Revised Rezoning Request April 11, 2004 Dear Mr. Fuller, As requested, I would like to put our request for a zoning change before the Colleyville City Planning and Zoning Committee for 1304 Tinker Rd. (Lot 1 Block!, Dale W. Stowe and Wife Lynette T. Stowe Vo. 11063, PG 1168). This is presently zoned Agricultural and we would request a zoning change to R-30. Our intention is to eventually replat this property around the present house in order to sell the house and a smaller amount of property and to keep the remaining land. We would like to keep our current zoning on our adjacent property at 1310 Tinker Rd. We have erected a fence on the 1304 Tinker property where we would have like to have the new plat line (currently 24,829 sq feet), Since we were not able to change the zoning to R-20 in the last zoning committee, we would be willing to move the existing fence to accommodate an R-30 plot. After discussion with staff at P & Z, recommendation to consider R-30 seems to be the most expedient route. Thank you for your time and consideration Sincerely, Michael W. Dotti, M.D. Nancy E. Dotti 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 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 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 myselfto 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 of R20 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 R30-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 R30-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 0' ccen<e p~mG&ZONmGCOMM~MON AGENDA BRIEFmG Texas Meeting Date: i April 24, 2006 I Prepared by: 1 Chris Fuller d' I Development Coordinator Z-06-006 - PUBLIC HEARING - Request for a Special Use Subject: Permit for an accessory building and carport on Lot 3, Block 2 of I the Apple Valley Addition located at 5105 Apple Valley Drive Update 4/24/06 At the April 10, 2006, Planning and Zoning Commission meeting, the Commission tabled this agenda item, but continued the public hearing to allow additional public comment and for the applicant to present a revised proposal that was more in compliance with the regulations in the Land Development Code; however, revisions have not been received, therefore this item will remained tabled. 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. Agenda Item No.8 - Page 1 Development Analysis. The applicant has 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. 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 Aoolicant Prooosal 1. Maximum Size 480 square feet 520 SQuare feet 2. Longest Dimension Allowed 24 feet 40 feet 3. Maximum Height 15 ft. to hiahest ooint of roof 12 feet 4. Side Setback 1 0 feet 2 feet 5. Rear Setback 25 feet 25 feet 6. Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete, asohalt or oavestone Concrete 8. Roof Pitch 2: 12 minimum In Comoliance 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 Agenda Item No.8 - Page 2 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. 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 one letter in opposition from property owners within 200 feet of the subject property. The letter is attached to this agenda briefing. 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. Agenda Item No.8 - Page 3 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 "B" in the draft ordinance. 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 . Letter in Opposition to the Request . Draft Ordinance Agenda Item No.8 - Page 4 Location and Zoning Map 310 AG AG 5108 5108 5008 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 Gorham, Kelly L Etux Patti H 5104 Apple Valley Drive Colleyville, TX 76034 Moore, James C Etux Patricia M 405 W Elm 8t. Colleyville, TX 76034 Andrews, Edward A 5101 Apple Valley Drive Colleyville, TX 76034 Kirking, Lewis P & Catherine R 5100 Apple Valley Drive Colleyville, TX 76034 Morris, Jeffrey D Etux Karen 310 W. Glade Rd. Colleyville, TX 76034 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 (12'1 or more than forty-eight inches (48'1. 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. 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 Regulations 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: 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. RESUBMITT AL 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@ci.collevville.tx.us or 817.503.1054 if you have any questions. Hpr U~ U6 1~:~6p t-ranK Manzare ~-/~ 6~;;t l~l~ p.~ Applicant's Response Dated April 5, 2006 Page lofl Special uSe permit request Case #Z-Q6-Q06 Sincerely, Chris: I have spoken with a building official (Eddie Edwards) & building will be in compliance with all codes Frank Manzare C 5105 Apple Valley Dr Colleyvilly Tx. 76034 Wednesday, April 05, 2006 America Online: FJMANZARI Drawings from Applicant ! I~ "- .,. I - I ~ ] ~ 4 ~ . ~ m . :0 (f) IS.'" . ~~ ~~~:':. .(.- ....- :f%"~ o.,.-~~~ :-:i;. ..""j r.no. N 02. 24' 141 W 1.0' IO'BUILDING LINE (per plat) 55' + 110.00' .[1/- ~r ! I 4f]' 40' i4O' M.trrA-L. ~UIU>lN~ 3 K2 ONE STORY BRICK 5105. APPLE VALLEY DRIVE ;'\:- ~~ c '. ~ ..-..g .... 110.00' I4A' 2J' ~ :~~~ ~~t~ '::-:-,~~... ~ ~:.~~~:: " ., ;1j:; .~tJ?1 :-~:~;.~--:: ~1i ;" ..~_.- i! 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I OVE~AD i i i ------1-------1-------1------- i i i i i i i i i ------r-------r-------r------ I I I I I I I I I I I , . i i . i ------r-------r-------r------ i i i i i i I I ~ I ~ = r- ~ & I ~ ~ I ~ N"RT~r\ A..OOA PLAN Apr 05 06 12:57p Frank Manzare ~~ #- Z..t()~-aalo 972 623 1919 p.3 Page 1 of 1 7) Petition for;! proval of new garage at 5105 Apple Valley Dr. 1) ~'r 71/Z- *ffl( clJ~7 2) (/~lC~ rial{ AfYk -Y~(7--- 3) < ~17 ~. .. ~{<l (5 If-ffh v.;,~ 4) .,' fill (4tA- K / ) , S IDI -4~k 1/c;lk7 5) . of:u rwJ~ 5/00 A-p~ UCtIl~ Dr, 6) a .L-L $/0"'1 II-,/'/Le' /!/<Y.IL,,-, j)-1:, ,( . '-(DS [L p). I 5 fQA LJ 1'1~ {YltC~ rn e s yY}()Ofk.... k <<-:y:e..ecf ~ d~ ~ CQVI d,rv..L -k.,., ~ ~ 6 &. '''''-5-''-1 { ~d {l" -+ o..~ /:- ,J, v'h-J -(...:, ~'/~ +~ -fe-v, +L~'V\ _ He s ~ k& h.( wov-fLi y1<) ~ f-~( -e ~ fro + eS -I- '- 8) 9) 10) 11) , Cl {( ~{.k€~} w~ .s<5~ +L ~ ~ 0\'1 ly ~W'< ou>t'l~tS wLx f""fedy 15 tAl j+k,o{ ~ 2.00' L ,....: f i h~ ~~ b'Ei2N\ c:>..~ {~ ~ ~~ ~ (e~( r q'1 30 l, II Vl1 ~ -\- ~ c....s<;: wk'i Sa i . -{~" {S Sunday. March 26. 2006 America Online: FJMANZAR.I Letter in Opposition to the Request Patricia Moore 405 W. Elm St. Colleyville, Texas 76034 April 7, 2006 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Members of the Planning and Zoning Commission: Recently Frank Manzare requested a special use permit for his property located at 5105 Apple Valley Drive to build a garage that I believe will house over 5 cars. Mr. Manzare visited us and spoke to my husband of his plans, and I appreciated that, but I wish to make a few comments. According to the covenants, conditions, and restrictions of Apple Valley, #6 "SET- BACK FROM STREET LINE AND SIDE LINES", page 4, "...nor shall any residence outbuilding or structure be located nearer than ten (10') feet to the side lot line." I'm concerned that this restriction will be enforced, and that the structure would not be right up to the fence line. Additionally, because of the way that our lot is situated, we see both the back and side yards of two adjacent lots. We moved to this area because of its peace and beauty, and now my view from my backyard is two large motor homes. I am not looking forward to adding a garage to the vista when the property in question already had three 2 car garages, and now, because of remodeling, has two 2 car garages. Every year our home is reassessed and taxes increase, and I'm wondering if the continual additions in my neighbors' yards will affect the resale value of our property. I am enclosing some pictures for your review. I is not my intent to cause ill feelings between neighbors, and this would never be the situation with us. I do appreciate, however, having the opportunity to express my concerns and opinions to the Commission. Respectfully submitted, ->'.._~.... ~ ~ " ~~... ~ ( Patricia M. Moore ORDINANCE 0-06-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. 2. 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. 1. 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 "e". 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 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 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 EXHIBIT C -ELEVATION PLAN l'RI'. r-HeTA&.. ~ I EXHIBIT D - SITE PLAN ~ Jol tlO',OOi Site of Building 4 Site of Carport