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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-5/8/2006 city Of Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, May 8, 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 Duffy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 24, 2006 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-06-022 - Minor plat for 2.01 acres on Tract 1C1A, Abstract 206 of the BBB & CRR Survey located at 312 Lloyd Circle 2. Case P-06-023 - Preliminary plat for Heritage Oaks Addition on 22.9 acres out of the G. Minter Survey located northwest of Glade Road at Heritage Avenue Planning and Zoning Commission Agenda - May 8, 2006 Page 1 of 2 3. Case P-06-024 - Preliminary Plat of Lots 7 - 13, Block 1 of the Glade Points Addition, 4.02 acres in the C. Cox Survey, Abstract 352, located in the 5100 block of Heritage Avenue PUBLIC HEARING AGENDA ITEMS 4. Case Z-06-009 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail 5. Case Z-06-011- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential and R30-Single Family Residential on 20.15 acres from Lots 2 and 3, Block 1 of the Lavaca Trail Addition and W.C. Newton Survey located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road TABLED ITEMS 6. 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 7. 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 Staff Update: Longwood development - turn lane requirement COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Thursday, May 4, 2006 by 4:30 p.m. Planning and Zoning Commission Agenda - May 8, 2006 Page 20f2 .~ 7'exas PLANNING AND ZONING COMMISSION MEETING MINUTES - April 24, 2006 CALL TO ORDER Chairman Byerly called the meeti o order at 7:00 p.m. APPROVAL OF MINUT Commissioner Dudzia written. Commissio The motion was ap Aye: McCormick, Du Nay: None ROLL CALL Present: Commissioners, Dudziak, Mary Taylor, De Absent: Commissio John Blassingame Chris Fuller, Steve Chutc . staff were pr McCormick, Dave nd Jeff Byerly artkowski and INVOCATION PLEDGE OF ALLEGIANCE ITEMS NOT ON THE AGENDA REGULA 1. Case Trail Ad Iiminary plat for Lots 1, 2 and 3, Block 2 of the Lavaca acres located at 8080 and 8090 Precinct Line Road Chris Fuller presen case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the developer can start building before the CLOMR is approved by FEMA? Public Works Director, Steve Chutchian replied the CLOMR must be approved by FEMA first. Commissioner Duffy made motion to approve case P-06-013. Commissioner Taylor seconded. . The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Planning & Zoning Commission Minutes - April 24, 2006 Page 1 of 10 Nay: None 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 Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff if any letters in op ition have been received? Chris Fuller replied no, this is a plat application who not required to be advertised. Commissioner Duffy questioned staff regarding if Lo presented, then when the developer comes back to change or modify Lot 1 or 2? Chris Fuller replied modify. Commissioner Duffy made motion to appro seconded. are approved as . I he be able to to change or 3. Block 1 of the Colleyville rvey and Lot F, Block 2 8 Pleasant Run Road what is the frontage on the lots on the at on Lots 14, 15 and 16 indicative of g an erroneous line on Lots 14, 15 d Development Code allows a lesser -sac as long as health safety issues are taff if those lots are otherwise consistent with the ied correct. Comm is sufficie roadway st Department m right of way widt either side. Commissioner Duffy stated the R10 zoning district has been in existence for a long while, however, and questioned the applicant if those lots being proposed have larger lot frontages and have 12 lots instead of 15? Keith Hamilton, 601 Harwood Road, representing the applicant, stated the applicant does not want to loose any lots. ned staff if the 50 foot right of way width on Regina Court oth sides? Chris Fuller replied it is sufficient within a local ard to parking on both sides. However, the Engineering to provide more insight. Steve Chutchian replied the 50 foot standard residential right of way which will allow for parking on Planning & Zoning Commission Minutes - April 24, 2006 Page 2 of 10 Commissioner Byerly made motion to approve case P-06-020. Commissioner McCormick seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None 4. Case P-06-021 - Minor plat for Lots 1 and 2, Block 1 Addition on 3.16 acres on Tracts 1B and 1B1, Abstra Survey located at 6208 L.D. Lockett Road Chris Fuller presented the case and briefed the Comm' Commissioner Duffy questioned Fire Chief Mik nston reg estimated distance to the closest hydrant to ome? Chief approximately 350 to 400 feet. Commission questioned if the access had any obstructions, would the fir s still be Ie to get ba would the hose have to be dragged manua Chief on replied co , the concrete would have to support the fire appara opriate width and height. He stated the applicant is willing do whateve ssary to gain emergency access to her home. Commissio questione applicant understood the city would not be responsible, if e cess co t be gotten to her home, because of lack of response? Chief . dyes. Commissioner Duffy st Commissioner T ayl non issue once Chief Johnston e Burnett Whittlesey of the Joseph White what is the on replied ot wide ve case P-06-021. Commissioner PUBLI A ITEMS 5. Ca PUBLIC HEARING - Request for a Special Use Permit for ou located at 6617 Colleyville Boulevard Chris Fuller pres the case and briefed the Commissioners. Commissioner Taylor questioned staff if this property can be seen from Colleyville Boulevard? Chris Fuller replied because of the tree coverage, it would depend on the time of the year, so yes; it would be visible from Colleyville Boulevard. Chief Johnston stated the fencing between the buildings, Hart Pools and the parking area, would have to be removed in order to get an apparatus down the property and have a turn radius to turn into the storage area. Planning & Zoning Commission Minutes - April 24, 2006 Page 3 of 10 Commissioner McCormick questioned Chief Johnston if there is a concern regarding the storage of gasoline tanks and propane tanks on the facility? Chief Johnston replied not having an issue with the storage of tanks, similar to those at the storage facility on John McCain. stioned staff regarding if the hours of operation would be 7 a week? Chris Fuller replied the times of operation were ff presumed it was seven days a week. pened the public hearing at 7:40 P.M. Neil Hart, the applicant, stated the land will be cleaned before the storage of the RVs. Commissioner Byerly questioned Mr. Hart regarding what type of surface would be used for the parking area? Mr. Hart replied the surface used can be five (5) inches of asphalt if necessary. Mr. Hart replied not being able to take down the fence to the north to accommodate for a fire truck. He stated there are fire hydrants available on the property. Commi a.m. to 8 indicated, no Commissioner Byerly questioned staff regarding the fire access is an issue, however, it is not covered in the SUP ordinance? Chris Fuller replied se issues would be covered by the fire code; there is also a fire lane that woul to be brought into compliance with the fire lane standards. Commissioner By estioned the need for a special provision in the SUP? Chris Fuller replied hnston may be more comfortable by adding that language into the ordinanc Commissioner Duffy questioned staff regarding t cleaned up and the RV's parked on those sp where ever on the lot among the refuse? H been sent stating the abuse of junky equi mosquitoes. Chris Fuller replied the app placement of the RVs, and it is to staffs und have been cleaned. . I these piles be to be parked denial has eding of to give clarit to the at most of the refuse piles here are limitations in the er or limitations of vehicles eight restriction on one ng within 13 feet of the e plan, and the area within g the type of asphalt to be used? Chris e the recycled black top; however, the tion on the type and depth. dChief Jo on regarding if there is a need for single or h part and one on the south part? Chief Johnston replied rt would be fine for the fire access, but not sure if one Downs side because that easement has been Planning & Zoning Commission Minutes - April 24, 2006 Page 4 of 10 Commissioner Duffy questioned Mr. Hart if he has been using the site for storage of refuse prior to this request? Mr. Hart replied yes. Commissioner Duffy stated the Fire Chief has requested certain codicils for this SUP, what would happen if the Chiefs wishes were put in to the SUP ordinance? Mr. Hart replied he would have to abandon the project, he stated not wanting to take down the fence, and he is just looking for some additional income. Commissioner Duffy stated not being able to approve without some safety for the city regarding fire access on to the prop Mr. Hart stated not being willing to give up part of his back lot to his building. Commissioner Taylor questioned Mr. Hart what is the b stated not seeing a better use for the land. Mr. Hart questioned Chief Johnston if there have John McCain? Chief Johnston replied no, not t an idea to store something on the property t clean up the property. Commissioner Dudziak questioned Mr. Hart i Mr. Hart replied yes, but it will not be atten Commissioner Dudziak questione, Hart if he the back side of his property ne ss Down not knowing about the landscape b eing 0 drainage swell back there now for Ho Dudziak questioned Mr rt if the Hodge's property? lied n regarding landsca Commissioner this SUP statin approved by the Fi take th own wi iii nfe r er . other location on stated he had ney and to II operate 7 day a week? will be an electronic gate. want the landscape buffer on ition? Mr. Hart replied really d to one, there is a natural roperty. Commissioner continued as is on the ith any recommendations ing fire access, if there were a codicil in cceptable fire access to this site and o do so? Mr. Hart replied not willing to y a lot of property. He stated not being art replied coming up with an idea like a ed Mr. Hart regarding how are RVs going to be can not gain access? Mr. Hart replied the RVs will Commissi Ross Downs road is not a city street. Mr. Hart stated having used this ro ars. Commissioner Duffy stated that road is property the adjacent prope' rs own in pieces. Commissioner Duffy questioned Mr. Hart regarding if there be an electric gate on Ross Downs road? Mr. Hart replied yes. Commissioner Duffy stated that road can not be the primary entrance for the fire department to use because it is not a city street. Mr. Hart questioned how does the fire department get through this area? Commissioner Duffy replied not knowing. Commissioner McCormick questioned Mr. Hart regarding if there will be electricity to those units in the back? Mr. Hart replied no. He stated wanting to get the SUP and then, later, he could design the features. Commissioner McCormick questioned Mr. Hart regarding if there will be a dump station? Mr. Hart replied no. Planning & Zoning Commission Minutes - April 24, 2006 Page 5 of 10 There being no one wishing to speak, the public hearing was closed at 7:50 P.M. Commissioner Byerly made motion to approve case Z-06-007 with staffs recommendations to remove item number 7; The existing trees along the property line adjacent to Ross Downs Addition be preserved as a buffer to the residential uses. Commissioner Duffy seconded with an amendment to add language with proper fire access be provided by the applicant. Commissioner Byerly questioned Chief Johnston regarding if be provided? Chief Johnston replied not sure at this time not knowing what the radius to the back of the propert the property is physically looked at and then decided, would need to be placed, however, with this b existing fire lane that is not the proper fire lane measuring. Commissioner Byerly questioned staff re would need to be placed in this ordinance pursuant to the Fire Code would be more releva Commissioner Dudziak replied t code is a residents who back up to this pro stated h without a fire lane. s would be able to ut measuring, stated ed to be. Initially, ere the fire lane erty with an ine without that ? Chris Fuller eplied and Development Code. important caveat for those Id not approve this SUP Commissioner Taylor co has already stated Commissioner T a facing Colleyvill without some a d stated the applicant down for fire access. Ing to place shrubbery on the property Taylor stated not being comfortable recommended was a landscape art stated he would be willing to plant boundary of the Ross Downs Addition, not along issioner Taylor stated. However, the Commissioners nguage to the SUP that is necessary. Co d for rity there being two issues, an eight foot opaque fence ndscape screening that is consistent with the Land Develop ng the eastern boundary. Chris Fuller replied correct. Commission estioned staff regarding what is the landscape footage requirement in Development Code? Chris Fuller replied 20 feet. Commissioner Du iak stated an amendment to eliminate any type dump station, waste water and drain water shall not be permitted on this site. Commissioner Byerly accepted Commissioner Dudziak's change. Commissioner Byerly stated wanting the northern access to be consistent with the fire code as well. City Attorney Matthew Boyle stated the fire access shall be provided in full accordance with the fire code. The motion as it stands now is for the approval with Planning & Zoning Commission Minutes - April 24, 2006 Page 6 of 10 staffs recommended conditions with item number seven being deleted and the following two additional conditions being; 1) fire access shall be provided in full accordance with the fire code and 2) no dump stations for waste water or drain water shall be permitted on the site. Commissioner Dudziak questioned staff regarding drainage; will he have to provide drainage plans? Chris Fuller replied if he paves per the Land evelopment Code with asphalt or concrete, he will be required to submit a drain dy as part of the grading permit, however, if the Commission approves an less than what the Land Development Code requires, he will not be require . e plans, unless the Commission makes it a caveat to the SUP. Commissioner Dudziak questioned staff regardi pavement he is proposing is not what will requested the applicant to come forward to a would comply with what is necessary, he concrete or asphalt over it . Commissioner Byerly stated the motion to app Attorney. Motion being mov Commiss Commissioner Duffy. The motion was approved by the fol Aye: McCormick, Dudziak, Taylor, D Nay: None 6. Case z-o from R Residen Addition 10 Chris F aware the ner Byerly ,~plied he then a need to have hose cabinets, with a 2 % inch line going cer inside the cabinet. Chief Johnston spoke with Mr. equired every 100 paces apart, per the fire code req to the facility. Commi oned staff regarding if there is anything on record on this company rformance? Chris Fuller replied no. Commissione questioned staff if this is the first assisted living facility in Colleyville? Chn er replied no there is one on Bransford Road. Commissioner Dudziak questioned Chief Johnston if this facility will increase the call volume? Chief Johnston stated the call volume will increase about a 10 to 15 percent increase per month. Commissioner Taylor questioned staff regarding if this facility is strictly an assisted living facility, not an early retirement facility? Chris Fuller replied correct. Commissioner McCormick questioned staff regarding the number of parking spaces Planning & Zoning Commission Minutes - April 24, 2006 Page 7 of 10 required? Chris Fuller replied one parking space per number of beds, or one space per unit, whichever is greater, in this instance, the 52 units is greater, therefore 52 parking spaces would be needed. However, the drawing shows 41 parking spaces and the applicant stated with these facilities, the parking ratio does not have the demand. Staff feels this facility may require the 52 spaces since some of these residents may have a car. The applicants do not feel this is necessary. Commissioner Byerly opened the public hearing at 8:15 P.M. Mark Tolsen, 8251 Bedford-Euless Road, North Richl architect, the designer, presented the case and briefed Commissioner Byerly questioned Mr. Tolsen regar the most employees at the facility at one time? employees at one time. Commissioner Byer percentage of people who would live there people living there that would have a car is Commissioner Dudziak questioned Mr. Tolse already 18 feet tall at the time of pi nting? Mr. To and they are spending around $1 ollars worth Sally Pearson, 2500 Kings Court., appear to be correct. She spoke in not the proper place for t . facility. Vickie Pier, 2900 S ,ane, S the safety of the school She stated hav' e home hich there will be would be seven egarding the he ratio of are rented; are the trees ied yes, the rooms are rented s. ntage calculated does not equest and stated this is e Addl ,stated being worried about me of these people who will be driving. es including hers. south side of his home will face this e rezoning request and stated having spoke in opposition to the rezoning request with However, he stated with proper landscaping, this fa f his property as long as the trees are properly irriga 0 tha they will grow. He stated his property value is paramo the Commissioners regarding what kind of assurance do we have as p t the developer will come through with all of the conditions? H. Frank Yin, Court, spoke in opposition to the rezoning request. He stated he would like thl rty to be a transitional area with residential uses. There being no one wishing to speak, the public hearing was closed at 8:45 P.M. Commissioner Duffy questioned staff if the developer will comply with the Land Development Code regarding the 52 parking spaces? Chris Fuller replied they have not indicated that other than what was said at the podium. Commissioner Duffy questioned Chief Johnston if the fire regulations will comply with both the Land Development Code and Fire Code? Chief Johnston replied yes. Planning & Zoning Commission Minutes - April 24, 2006 Page 8 of 10 Commissioner Duffy questioned staff if the parking will comply with the Land Development Code? Chris Fuller replied yes. Commissioner McCormick stated wanting to preserve the green space for the residents rather than having parking spaces. Commissioner Taylor concurred with Commissioner McCormick regarding preserving the green space for the residents whereas the parking space going be empty most of the time. Commissioner McCormick questioned Commissioner Ta values of the homes behind this project, will they decr Taylor replied no, those homes that are behind the 0 being on the market. Commissioner Byerly questioned staff regar master thoroughfare plan? Chris Fuller intersection, is consistent with the master th Commissioner McCormick questioned staff reg this development versus single ily? Chris calculated yet. Commissioner Taylor stated this bel Commissioner Duffy questioned staff property line from thi is Gra seen on the dra dary Ii because that is law onl our city. Chief Johnston st hose c will ordin for being determi is a single Attorney Boyl e Fire Chiefs conditions would be as follows: the hose cabinets shall be Ided subject to the review and approval of the Fire Chief. Commissioner Dudziak questioned Mr. Tolsen regarding property devaluation, what does this do to the property values in the area? Mr. Tolsen replied that being a good question, however, we do not operate them, but we do build all over the country. Those concerns have all been evaluated. We have offered to do mega screening for those neighbors. City of Colleyville has everything in place to protect the neighbors. There is not a negative impact or reduction on the property values. ding the real estate ? Commissioner II within days of access all sides of the property, the guage should be addressed in the ed Attorney Boyle if it would be out of bounds for the liar an acre commercial parkland dedication fees sing t residential fee? Attorney Boyle replied only e according to the schedule and if staff has made the ingle lot use and that it is classified as residential, then it Planning & Zoning Commission Minutes - April 24, 2006 Page 9 of 10 Commissioner McCormick made motion to approve case Z-06-008 with the hose cabinets added by the Fire Chief. Commissioner Taylor seconded with staff's recommendations, as noted in numbers 1 through 7and the Fire Chief's hose cabinet addition. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy and Byerly Nay: None TABLED ITEMS 7. Case Z-06-003 - PUBLIC HEARING - AG - Agricultural to R20 - Single Family Re . of the Wilson Estates Addition located at No discussion on this item was receive zoning change from on Lot 1, Block 1 8. st for a Sp Use 3, Block 2 of the Apple Iic hearing and the case to er Dudziak seconded. STAFF REPO Chris Fuller thank ohnston for being here tonight. TS wanting to add the fees are collected even when the olished. Commissioner Byerly thanked Chris. the staff to review the minutes for the Longwood the meeting at 9:00 pm by acclamation. Amy Shelley Planning and Zoning Assistant Approved on: -------------------- Planning & Zoning Commission Minutes - April 24, 2006 Page 10 of -10 CUy Of cceuQ9 PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: May 8, 2006 I Prepared by: I Chris Fuller . I Development Coordinator Subject: P-06-022 - Minor plat for 2.01 acres on Tract 1 C1A, Abstract 206 of the BBB & CRR Survey located at 312 Lloyd Circle STAFF REVIEW COMMENTS Paul Kramer is the owner of 2.01-acres of land located on the north side of Lloyd Circle, west of Bransford Road. 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 one lot for single family residential use. Zoning. The property is zoned R40-Single Family Residential. 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 lot, as shown on the zoning exhibit, meets the lot area and lot depth requirements of the R40 zoning district. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home. The Engineering Department will review and accept a lot grading plan 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 Lloyd Circle is considered an unimproved street. Tree Preservation. The applicant was been made aware of the tree preservation requirements and has provided an aerial photo showing existing trees on the property. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development appears to satisfy the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION Approval Agenda Item No.1 - Page 1 ATTACHMENTS · Zoning and Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.1 - Page 2 Zoning and Location Map D NORTH Development Review Committee Memo DATE TO FAX NO April 26, 2006 Jason Rawlings 817.282.0401 Paul Kramer 817.329.8855 FROM Chris Fuller, Development Coordinator SUBJECT P-06-022 - Final Plat - Scarbrough Storybook Land 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. Remove Note 1 regarding the property abstract. The Land Development Code requires all existing and proposed easements to be shown on the plat. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. 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. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are required since Lloyd Circle is considered an unimproved 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. SIDEWALKS AND TRAILS. Sidewalks are required along all interior streets. The 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 sidewalk 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. 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 new meter is WATER SEWER installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a 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: Monday, May 8, 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, May 3, 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. Applicant's Response Plat i4 . ,"- -4'4- uw_ ,,-.- "". till tII! City Of ccen~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: May 8, 2006 I Prepared by: I Barry LeBaron Development Director P-06-023 - Preliminary plat for Heritage Oaks Addition on 22.9 Subject: acres out of the G. Minter Survey located northwest of Glade Road at Heritage Avenue STAFF REVIEW COMMENTS Mady Development Corporation is the owner and developer of a 22.9 acre tract located near the northwest corner of the intersection of Glade Road and Heritage Avenue. The developer has submitted a preliminary plat, which will subdivide the property into 124 residential lots for the construction of single-family attached townhomes. In a town home development, each dwelling unit is situated on its own platted lot to allow for individual ownership. An individual town home is a part of a larger building that contains three or more attached town home dwelling units. The applicant has submitted the preliminary plat for review and consideration by the Planning and Zoning Commission. The preliminary plat will also require the approval of the City Council, since the plat contains more than four lots. The following is an analysis of the issues associated with this preliminary Plat. Zoning. The proposed plat area is zoned Planned Unit Development - Residential (PUD-R). The PUD-R zoning was approved by the City Council on March 21, 2006 with the approval of Ordinance 0-06-1567, which contains several development standards. The Preliminary Plat has been reviewed with the standards of the Land Development Code and the standards contained in the PUD-R ordinance for this development. The minimum lot size required in this PUD-R is 2,700 square feet. All of the lots satisfy this requirement. The development is required by the PUD-R ordinance to provide not less than 25% common open space. The proposed Preliminary Plat provides 32.1 percent open space. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a ten (10) foot- wide trail along the north side of Glade Road. The developer will construct the applicable sections of trail as a part of the public improvements for this development. The developer plans to include a trail connection from the internal portion of the development to the Glade Road trail section. There is an existing ten (10) foot-wide trail along the western side of Heritage Avenue, which extends across the frontage of this development. Additionally, the developer will be providing sidewalks internal to the development for each lot. The 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. Agenda Item No.2 - Page 1 Drainage Improvements. The applicant has submitted a Preliminary Drainage Plan for the development which has been reviewed and accepted by the Engineering Department. Construction plans for the drainage improvements will be included with the submittal of the final plat. The Preliminary Drainage Plan indicates that the development will utilize on-site detention to accommodate stormwater related to this development. Perimeter Street Improvement Requirements. Perimeter street improvements are required for Glade Road. 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. Perimeter street improvements are not required for the frontage adjacent to Heritage Avenue since it is considered an improved street and currently meets design standards. Gated Development. The proposed development is designed to be a gated addition with private roads fronting each of the townhome lots. The final plat document will designate the internal streets as private roads. The preliminary plat contains the required notation stating the Homeowner's Association (HOA) is responsible for the on- going maintenance of the private roads. This notation will be included on the final plat as well. The applicant has been notified to submit the required HOA documents for review by the City Attorney to ensure that they conform to applicable City policies prior to being filed with the County Clerk's office. Tree Survey and Replacement Requirements. Aerial photos of the site show considerable tree coverage on this property, although a significant number of trees have died from standing water associated with the existing pond on the property. The developer has conducted an extensive tree survey of the site and has prepared a significant tree study. The street layout and arrangement of lots on the Preliminary Plat have been configured purposely to preserve the significant trees on the property. Upon approval of the Final Plat and prior to any site grading, the developer will submit a tree replacement plan for the non-exempt trees that are scheduled for removal. Parkland Dedication Fees. The developer has acknowledged that parkland dedication fees are due at the time of approval of the Final Plat. The fees for non-residential uses are $1 ,802 per residential lot. Fire Department Comments. The Fire Marshal has provided additional comments regarding this development which is attached to this agenda briefing. All comments have been acknowledged by the developer. Agenda Item No.2 - Page 2 SUMMARY The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code and the special requirements of PUD-R Ordinance 0-06-1567. RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map . Development Review Committee Memo · Fire Marshal's Comment Letter · Applicant's Response · Preliminary Plat Agenda Item No.2 - Page 3 Zoning and Location Map a:~t(lge 001 l1er1.t(lge .1"1' Middle selt -------------- PUD-R I I I I . I I I I I ,..- I I I I G~ I ... Subject Property CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE April 27, 2006 Curtis Young 972.929.1241 TO FAX NO FROM Chris Fuller, Development Coordinator SUBJECT P-06-023 Heritage Oaks - 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 Glade Road for a 10- foot wide trail (sidewalk). Contact Chris Fuller, 817.503.1054, for more information. In Your Response Letter, Acknowledge the Following Information: 2. NFP A 13 R fIre protection systems will be required for each unit. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 3. NFPA 72 addressable fIre alarm systems will be required for each unit. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 4. On CA-3: Unit 19 is greater than 150 feet from Bur Oak Drive and Chinquapin Drive. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 5. Designate the 53-foot Blackjack Oak Drive alley as a fIre lane. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 6. Emergency access gates shall have Opticom with a lock and key back-up. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 7. Will access be provided from Heritage Oaks to Glade Road? Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 8. No parking signs will be required along Heritage Oaks (24-feet back to back). Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-023 HERITAGE OAKS 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 Glade Road. 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 detennined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality detennination, 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 DEDICA nON 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. SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Glade Road. The Pathways Plan requires a lO-foot wide trail along Glade Road. The developer is required to construct the trail as part of the public improvements for this property. There is an existing sidewalk located on this site along Heritage A venue. 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. Sidewalks are required along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must beat least 4-feet wide. 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, upon application for a clearing and grading pennit. 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. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-06-023 HERITAGE OAKS 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 $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, May 8, 2006, 7:00 p.m. Tuesday, June 6, 2006, 7:30 p.rn. 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 XII). The above requested items must be submitted no later than noon on Wednesday, May 3, 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.colleyville.tx.us or 817.503.1054 if you have any questions. PAGE 3 OF 3 ~ "..... Fire Department DRC Comments 1~.I="C)fG_.~ NFPA 13 Rfire protectionsyslem required each unit. NFPA 72 Addreslableftrealarm $Y8temrequiredeachunit. On CA..3 POttion of plans. Unit. 19 is greater than 150 ft from Bur Oak Drive and Chinquapin Drive. Heritage Oaks posted no patking. 24 ft back to back. Blact<jack Oak Drive 53 ft a~ needs to be a fire tane. Open Heritage Oaks to Glade Road If emergency accessgatesahould have optiton with Ioek and key backup. Additional utiliti. required. nQtmore than 5O.ft May from FDC. ~~/~3/~~~b Ib:~4 J PAGE 02/1'14 'CBPO Afl:h~ I CmottuClIon M'Mi)8m.nt Applicant's Response B Jooes. ........... May 3, 2006 City of Colleyville Attn: Mr. Chris Fuller 100 Main Street Colleyvil1e. TX 76034 RE: Heritage Oaks - TO'WDbo.et DRe C..menu on tile Pr.eliminary Plat JBI Project No. MDY 016 Dear Chris: On behalf ofMady Development Corp., this letter is in response to the ORe comments dated April 27, 2006. A copy ofllie comment letter is attached to your reference along with revised copies of the preliminary plat. Our responses to numbered comments are as follows: 1) A ri ght-of-way dedication is now shown for the western frontage (40') along Glade Road. We have also added a note Stating that the hike and bike trail shall be constructed within the right-of-way. Therefore, we did not add the access easemerlt. 2) Requirements were clarified to be a ""wet" system which would im:lude a double check assembly installed in a water closet a FOC connection for each building (group of units). This will be done. 3) Requirements were clarified that all smoke detector, sprinkler and C02 detectors will be tied into the Blann systems. This will be done. 4) A section ofatley off of Chinquapin Drive has been increased to 29' of right- of-way and will contain 24' of paved fire lane so that unit 19 is within the 150' distance. The use of KNo On Street Parking" signs will be used to keep fire lanes clear. The use of red fire lane striping will be minimized. 5) A section of alley off of Heritage Oaks Drive has been increased to 29' of right-of-way and will contain 24' of paved fire lane so that unit 7 is within the 150' distance. 6) All three access gates win have Opticom systems with lock and key backups. The Heritage Oaks Drive connection to Glade Road is strictly for emergency access only. This Opticom will be set up to operate as entry only from either direction on Glade Road. F:\Ptoj<CI.\MDV01"'W.__~-;-<"""'i1lo-fwl",.,,", 3801 N.E. loop 820 Suit.. 102 Ft. Wotrh. TX 76137 817.847.lH"'" tel 817.847"'74 fax -.jon""-bovd.com ~5/U3/2~~b Ib:~4 t"AbI::. .,31 t:lq May 3,2006 Mr. Chris Fuller Page 2 of3 7) As stated in item 6, the Heritage Oaks Drive connection to Glade Road is only for emergency access. 8) The paved couplet along Heritage Oaks Drive will be widened to contain 24' B-B of paved fire lane. Again, "No On Street Parking" signs will be used to deter parking in all the fire lane areas. Public Works and Perimeter Street lmorovements: We will coordinate directly with Robert Woods~ P.E. regarding the required perimeter street improvements and B..~iated fees. We understand that these fees are due upon approval of the final plat. We also understand that the fees required for these perimeter street improvements will be credited against the roadway impact fees. We have been told that the fotm.ula for calculation is still being detennined at this time. Our property frontage along Glade Road is 200.81 feet and our only street connecti.on is restricted to emergency access as an entrance only. Parkland Dedication Fees: We understand that park fees in the amount of$1,802 per lot will be assessed at the time of approval of the final plat. Sidewalks and Trails: A note has been added to the preliminary plat stating that the bike and bike trail along Glade Road will be constructed within the right-of-way. Additionally, any damage during construction to the existing sidewalk along Heritage A venue will be repaired Of replKed priOf to fmal acceptance. Sidewalks fronting the town homes will be installed by the builders. AU sidewalks will be a minimum of 4 feet wide. Tree Preservation and Tree SUrvev Requirement: We wiU provide a detailed tree survey in accordance to CoJleyville requirement at the time of final plat approval. Protective fencing will be utilized for the preservation of all existing trees planned to be saved. f:\,"",j'''''\MDYOI6IW_''-:!lMJG.'''''''~-ColleY''a'''Ful1er.doc ~~{U~{~UUb lb:UQ May 3, 2006 Mr. Chris Fuller Page 3 of3 Imoact Fees: We acknowledge the current amount of the impact fees as listed. These fees are payable at the time of building penn it. Please find attached the required. number of revised preliminary plats as requested. At this time we respectfully request to be placed on the agenda fo... tl1.e May 8, 2006 Planning and Zoning Commission meeting. Please call if you have any questions. Sincerely, JONES & BOYD. ~ J . Winkler, P.E. Senior Project Manager Attachments Cc: Robert Woods, P.E. - City ofColleyville Engineering Department Rob McKeown - City of Colleyville Fire Marshall Bruce Scasta - Mady Development Corporation F'''''''Je<t....OYnl~w_.2*~)';'O-C0llkyv;.....F"I....doc r.....x:. O""Vlof Preliminary Plat '&."'i'.t'iii wJ - ';fJ...~1 -&.-rI: =- '07IL'" ......- ......- " .. _.,.. ..- ~'I ... 1-- N" D .::;:,! II. ~:!"l "II ;1 'II"'I.I-I.H~I-I"I ul UI"U -1'1'1 'I"'~ 'U !.. ___ w _t..J..J_ _~~. _ .~, ..".'~ . .__ ~..J ... T . ...-- ....!:.J '~"">>_ _____ .~ - :1f1~';~;Z~~IEi:1~r&i' :l~~---'-:~ !I . ". ..~ .' Jfj I~pr FI t -.- ~II r;; ~h L?Jl 11 , .~~ ,)..}: II -:: .I'/}l .... I" II ~ -:" J - Ie. ~ fl' ( J A ! -.:i. 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FI I ......~N...li 11:" _ Ilpllatl~1U.. l:;~~l W " W ..-:.==.. - --- J': t_____ --- _'!:.MlV___~- ~ "~~... Ii -.0: ' " r "=:.1" " "J '''UlIL I t!! V -, t?;. (tOUof.:~ !~i 1 J"l""=...] ~ "l -; J " !/t. i!+l~ II ~ ~ h~; \" t t~ il: ,,' ri.~;r'll__L ... =:.~ .....IIOM ~ ~::;: -... ........-.nrw 0Ml-111.!1G' ~'k'Jr':"" tnN ~""''''''''-w'I'I M W - .- - -- -- <> .-- - ......... ......,. ...............V"l OllI.-o.w city Of ccen$ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: May 8,2006 I Prepared by: I Barry LeBaron I Develooment Director P-06-024 - Preliminary Plat of Lots 7 - 13, Block 1 of the Glade Subject: Points Addition, 4.02 acres in the C. Cox Survey, Abstract 352, located in the 5100 block of Heritage Avenue STAFF REVIEW COMMENTS Tim Thompson, representing Realty Capital Heritage Glade, the owners of the subject property, has submitted a preliminary plat for 4.02 acres located near the northeast corner of the intersection of Glade Road and Heritage Avenue. The plat will subdivide the property into seven (7) commercial lots. The applicant has submitted the plat for review and consideration by the Planning and Zoning Commission. The preliminary plat will also require the approval of the City Council, since the plat contains more than four (4) lots. The following is an analysis of the issues associated with this preliminary plat. Zoning. The proposed plat area is located within the CC2-Shopping Center zoning district. The minimum lot size in the CC2 district is 20,000 square feet. Six of the seven lots exceed the minimum lot size for the CC2 zoning district. Lot 12 contains 16,808 square feet. The developer is requesting a waiver of the minimum lot size for Lot 12. Staff has no problem with the waiver request. Sidewalks and Trails. Sidewalks currently exist along the east side of Heritage Avenue. No trail facilities are required by the Colleyville Pathways Plan for this property. Drainage. This development is an extension of the Glade Points Addition located to the east and is included with a Master Drainage Plan for the development. The developer is requesting a waiver of submitting a separate drainage analysis, since the subject property drains into an existing detention facility that was constructed with the Glade Points Shopping Center and the subject property was included in the design of that drainage facility. The Engineering Department has no problems with the drainage analysis waiver. As site development of the seven (7) lots takes place, the drainage of each lot will be reviewed for consistency with the Master Drainage Plan. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since Heritage Avenue is considered an improved street and currently meets the design standards. The developer is aware of the curb-cut spacing standards and has provided mutual access easements to accommodate public access to all lots. Agenda Item No.3 - Page 1 Tree Survey and Replacement Requirements. Aerial photos show trees located in the northeast portion of the site, which may require mitigation at time of building permit application for the applicable lots affected. 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. Fire Department Comments. The Fire Marshal has indicated commercial buildings constructed on the same lot will require twenty (20) feet of separation. Additional comments may be made when building construction plans are submitted. SUMMARY The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. With the exception of the lot size waiver request, the proposed development appears to satisfy the requirements of the Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · Development Review Committee Comments · Applicant's Response · Plat Agenda Item No.3 - Page 2 Zoning and Location Map 11 NORTH Subject Tract Development Review Committee Comments CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 1, 2006 TO Keith Fisher FAX NO 817.424.2448 Tim Thompson 817.336.2813 FROM Chris Fuller, Development Coordinator SUBJEC P-06-024 Heritage Glade Office Park - Preliminary Plat T 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. Add "mutual access" to the 24-foot emergency access and utility easement. All lots require access to a mutual access easement. 2. Provide a City Council signature block on the exhibit: City Council Approval Whereas the City Council of the City of Colleyville. Texas voted affirmatively on this day of . 20_. to approve of this Plat Mayor, City of Colleyville Attest: City Secretary 3. Remove the i5-foot setback adjacent to Heritage Avenue on Lots 7, 10 and 11. The 40-foot building line takes precedent. 4. Additional on-site utilities will be required. Contact Rob McKeown, Fire Marshall, 817-251- 8757, for more information. 5. Buildings constructed on the same lot will require a 20-foot separation. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 6. Staff has received the waiver request from the applicant regarding the CC2 lot requirements. 7. Several lots do not utilize a 40-foot front yard setback. The Land Development Code permits the front yard setbacks to be reduced to lO-feet from the front property line if required parking is setback not less than 40-feet from the front property line. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvements are not required since Heritage Avenue is considered an improved street. 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. There is an existing sidewalk located on this site along Heritage Avenue. 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. 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. SEWER 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 andlor 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. ROADWAY WATER 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: City Council: Monday, May 8, 2006, 7:00 p.m. Monday, 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). Submit the information per the above comments by no later than Wednesday, May 3, 2006. Please contact me. at 817-503-1054 or fullerc@>.ci.collevville.tx.us if you have any questions. . Applicant's Response II! TEAGUE NALL AND PERKINS ENGINEERS # SURVEYORS , CONSULTANTS Mr. Chris Fuller Development Coordinator City of Colleyville 100 Main Street Colleyville, TX 76034 RE: Heritage Glade - Preliminary Plat Dear Mr. Fuller, I received your DRC comments for the subject project on May 01, 2006. As per City of Colleyville requirements, I offer the following response: 1. The "mutual access" designation was added to the 24-foot emergency access and utility easement. 2. The City Council signature block was added to the plat. 3. The 15' setback line adjacent to Heritage Avenue on Lots 7, 10 and 11 was removed. 4. Within the submitted construction plans, we will be constructing water, sanitary sewer and storm drainage improvements as a part of the development. 5. Our current site plan has only one building per lot. Therefore, the 20' separation is not an issue. 6. During the plat application process, a request to waive the CC2 lot requirements was presented to the City. 7. We have utilized the front yard setbacks of 10' on Lots 7 & 8. We have located the parking lot 40' from the property line as per the Colleyville Land Development Code. Perimeter Street Improvements Perimeter street improvements are not required due to Heritage Avenue being an improved street. Parkland Dedication Fees These fees will be due at the time of approval of the final plat. The fee is $800 per acre. An assessment of the fees will be provided by the City upon approval of the final plat. Sidewalks and Trails There is an existing sidewalk along Heritage Avenue. The developer understands that they will be responsible for replacing andlor repairing the sidewalk, should any damage occur during the construction process. This repair will need to take place before the issuance of a Certificate of Occupancy for the new buildings on the site. Public Works Improvements The City of ColleyvilleEngineering Department is currently reviewing the construction plans for the development. I have been in contact with Rob Woods and am waiting for staff comments. Impact Fees Water, sewer and roadway impact fees are due at the time of the issuance ora building permit. A general guideline for the fees is shown below: 1100 MACON STREET FORT WORTH, TEXAS 76102 (817) 336-5773 FAX (817)336-2813 Roadway Impact Fees - The details of the fees are outlined in Chapter 13 of the LOC. City staff will determine the exact amount of the fee at the time of permitting. Water Impact Fees - The actual fee is dependant on the water meter size. For a 1" meter the fee is $2,666. City staff will determine the exact amount of the fee at the time of permitting. Sewer Impact Fees - The actual fee is dependant on the water meter size. For a 1 n meter the fee is $200. City staff will determine the exact amount of the fee at the time of permitting. Tree Preservation Trees not located within the right-of-way must be preserved during construction. Protective fencing installed at the drip line will be required. The fencing may be comprised of orange vinyl construction fencing, chain link fencing, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. It is our understanding that the pubic hearing schedule is as follows: Preliminary Plat P&Z City Council Monday, May 8, 2006 at 7:00 p.m. Tuesday, May 16, 2006 at 7:30 p.m. We have submitted 12 full sized copies and one reduced copy (8 1/2" x 11") of the preliminary plat for your use. Thank your for your help and direction during this process. Both you and Barry LeBaron have been great to work with the last several months. J<~9~ Keith Fisher, P.E. Teague, Nail and Perkins CC: Tim Thompson, Realty Capital Corporation Tom Rutledge, Teague, Nail and Perkins file Plat I \ ~ I I \ I I I I Iii Id ~Ii ij , I I I I , , I I I --- ,~ ----. I ,,--- . ~). :~l I ' , J~, ,I U' ' " I l' l~ -=:tm"= \ II : iJ: I I /' I Ur'~' I : : - 'I I I ..' -.. -. ~ --- '--- { ":lIm"'=' I ~~~-~ f-~------f!-{--t-- ~ ---=Lj,____-----~L-- ---- CUSEu-PD 1M> -:r.tfiilo1"""" ":l'l":.l ..u, ........~ cllYor ~@ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: May 8,2006 I Prepared by: I Chris Fuller Development Coordinator Z-06-009 - Request for a zoning change from AG-Agricultural to Subject: R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail STAFF REVIEW COMMENTS Keith Kithsiri has submitted a request on behalf of Vision Southwest, to rezone 5.39- acres of land located on the south side of Bandit Trail, on the east side of Vanguard Court. The property is currently zoned AG-Agricultural. Request. Rezone from AG-Agricultural to R20-Single Family Residential. Location. This is a 5.39-acre parcel of property located at 209 and 301 Bandit Trail. Platting. The properties are not platted and are currently developed as single family residences. The applicant has indicated plans to subsequently plat the property into nine (9) lots upon approval of the rezoning request. Approval of a preliminary and final plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R20 zoning district. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The site is sufficiently large enough to accommodate a nine lot development. 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 primarily single family residential in nature. Properties to the south, north and west are zoned R20- Single Family Residential and are currently developed as single family residences. The property to the east is zoned AG-Agricultural, and consists of single family residences. Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a nine lot development would add Agenda Item No.4 - Page 1 approximately 86 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to nineteen (19) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: May 8, 2006 City Council: June 6 and 20, 2006 RECOMMENDATION Approval ATT ACHMENTS · Zoning and Location Map . List of Property Owners Notified · Proposed Lot Layout · Draft Ordinance Agenda Item No.4 - Page 2 Zoning and Location Map D NORTH Z-06-009 Bemasek, F Richard Etux Regina 511 Alamo Ct. South lake, TX 76092 Duplantis, John W Etux EIIi M 7315 John McCain Road Colleyville, TX 76034 Legrand, William D 300 Bandit Trail Colleyville, TX 76034 Mayse, Richard A Etux Helen 3600 William D Tate #100 Grapevine, TX 76051 Symphony Properties Inc. 1009 Morton Hill Lane Haslet, TX 76052 Ward, Michelle D Etvir Phillip 205 Bandit Trail Colleyville, TX 76034 List of Property Owners Notified Anderson, Douglas S. PO Box 3488 Grapevine, TX 76099 Billings, Florence L. PO Box 1228 Colleyville, TX 76034 Gasper, John B & Charlene 298 Bandit Trail Colleyville, TX 76034 Lewis, Renee C 209 Bandit Trail Colleyville, TX 76034 Prioto, Michael G Etux Debra 7305 Vanguard Ct. Colleyville, TX 76034 Todd, Jerry C 210 Bandit Trail Colleyville, TX 76034 Zim, Aldwin Etux Christine PO Box 1125 Bedford, TX 76021 Athulathmudali, K Etux Gowri S 3141 Joyce Ct. Grapevine, TX 76051 Boring, J D 301 Bandit Trail Colleyville, TX 76034 Legrand, Donald C Etux Dolores 3124 Bonnie Brae Ave. Fort Worth, TX 76111 Lukacsy, Gene T Etux Helga PO Box 1133 Colleyville, TX 76034 Ragan, Theron A Jr & Cynthia 204 Bandit Trail Colleyville, TX 76034 Walker, Grady M Etux Zerena PO Box 1905 Colleyville, TX 76034 Proposed Lot Layout I I z ;,.,. $; l:m i;~~ -"",,~: j toM ;::. = ~ ~ 5 ; IIP'd - ~i:rl ~ 5 u z on N 5 <( u J: U 1,;11 II ~ w ~ 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 5.39 ACRES OUT OF THE MARY M. FREEMAN SURVEY LOCATED AT 209 AND 301 BANDIT TRAIL, FROM THE AG- AGRICULTURAL TO R20- SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Keith Kithsiri on March 30, 2006, under Case No. Z-06-009; 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 to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT" A" 730B EXHIBIT "B" T~ N9rth ~"OOKOO' Wm, Q <IlMlnee of 139.00 tftt the north line of AIlim Atres, on fa the City of os shown on I) .t recorded In inet B, Slide 1227. as. TorrMt (P .R. T .C. r. 1 to a 5/8" eq')ped iron rod found for corner. (I d .49 feet ofong the Une of told Hnll: of V<JrlgUQrd 08 showtl on (I ()f 306.90 feet alOfl9 $Old south line of Bondlt Tr(lif to e of 147.20 feet atong $oid &outh 11M of &meUt froB w THENCE South 00" S2 "00" Welt. a dlstonC6 of SM. 43 feet dong 1M wett line of G tr<<t of I.oAU dqalbed in Q dMd ltt Volume 15588. PGge 296. O. R. T .C. T. to the Point of Stglrm1n9 000 contotnlnq 5.396 more or less. city O{ ~~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: May 8, 2006 I Prepared by: j Chris Fuller Development Coordinator Z-06-011 - Request for a zoning change from AG-Agricultural Subject: and R40-Single Family Residential to R20-Single Family Residential and R30-Single Family Residential on 20.15 acres located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road STAFF REVIEW COMMENTS Keith Kithsiri has submitted a request on behalf of Invitation Park III, to rezone 20.15- acres of land located on the south side of Lavaca Trail, on the north side of L.D. Lockett Road. The property is currently zoned AG-Agricultural and R40-Single Family Residential. Request. Rezone from AG-Agricultural and R40-Single Family Residential to R20- Single Family Residential and R30-Single Family Residential. The following chart summarizes the rezoning request: Original Zoning Proposed Zoning Acreage to Designation Designation be Rezoned AG R20 10.2 acres R40 R20 8.6 acres R40 R30 1.2 acres Location. The 20.15-acres is located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road. Platting. Two (2) of the properties are platted and one property is not platted. The properties are currently developed as single family residences. The property owner has indicated plans to subsequently plat the properties into 31 lots upon approval of the rezoning request. Approval of a preliminary and final plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. This site is sufficiently large enough to accommodate a 31 lot development. Thirty (30) lots are proposed to be rezoned to the R20 zoning district. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R20 zoning district. One lot is proposed to be rezoned as a R30 zoning designation. The R30 lot is adjacent to L.D. Lockett Road, which is designated as a collector street. The R30 zoning district requires a minimum lot area of 30,000 square feet, lot width and lot depth of 125-feet. The proposed lot meets the development requirements of the R30 zoning district. Agenda Item No.5 - Page 1 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 and R30- Single Family Residential zoning districts allow residential uses. Lot 21, located adjacent to L.D. Lockett Road, is proposed to be rezoned as a R30 zoning designation. The applicant is proposing the R30 rezoning per the Colleyville Master Plan recommendation that estate lots be developed adjacent to collector streets. Surrounding Development Trends. The surrounding properties are primarily single . family residential in nature. Properties to the north and east are zoned R40-Single Family Residential and are currently developed as single family residences. The properties to the west are zoned PUDR-Planned Unit Residential (Emerald Park Addition) and R40-Single Family Residential. The property to the south is zoned PUDR-Planned Unit Residential (Reatta Place Addition). 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 (4) feet wide. Sidewalks along L.D. Lockett must be five (5) feet wide as it is classified as a collector street. 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 31 lot development would add approximately 296 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 30 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: May 8, 2006 City Council: June 6 and 20, 2006 RECOMMENDATION Approval Agenda Item No.5 - Page 2 ATTACHMENTS · Zoning and Location Map · List of Property Owners Notified · Proposed Lot Layout · Draft Ordinance Agenda Item No.5 - Page 3 Zoning and Location Map u NORTH Brice, Tony J & Mary B Brice 6021 Sterling Ln Colleyville, TX 76034 Christman, Mark 5825 Crescent Ln Colleyville,TX 76034 Emerald Park H A Inc 6420 Remington Pkwy Colleyville, TX 76034 Goodman Family Of Builders Lp 5808 W Piano Pkwy Plano,TX 75093 Hultquest, Philip P & Lily J 5712 Texas Trl Colleyville,TX 76034 Ly, Khanh H Etux Jennifer N 5911 Crescent Ln Colleyville, TX 76034 Mcintosh, Doyle & Mary Fam Lp 8333 Thornhill Dr North Richland Hills,TX 76180 Moody, Jon Etux April 5935 Crescent Ln Colleyville,TX 76034 List of Property Owners Notified Bvesco Lp 25 Highland Park Vlg Ste 100 Dallas,TX 75205 Clark, Edward G 6016 Sterling Ln Colleyville,TX 76034 Fleming, James W Jr Etux B F 5919 Crescent Ln Colleyville,TX 76034 Haber, Moshe 5846 Crescent Ln Colleyville, TX 76034 Isbell, Christopher Etux Kelly 6020 Sterling Dr Colleyville, TX 76034 Mahmood, Ghazanfar 5833 Crescent Ln Colleyville,TX 76034 McMurtrey, Wanda & D Issac 5838 Crescent Ln Colleyville,TX 76034 Neilson, Howard S Etux Shirley 5922 Crescent Ln Colleyville,TX 76034 Chandler, Raman L 7001 Lismore Ct Colleyville, TX 76034 Damron, Kenneth B Etux Melanie 5830 Crescent Ln Colleyville,TX 76034 Gandy, R Craig 1117 W Ld Lockett Rd Colleyville,TX 76034 Haynes, Russell K Etux Susiana PO Box 1602 Colleyville,TX 76034 Lombardi, Angelo Etux Lor; 5915 Crescent Ln Colleyville,TX 76034 Martin, Stephen L Etux Nan C 813 W Lavaca Trl Colleyville,TX 76034 Mittag, Andrew K Etux Janet A 901 W Lavaca Trl Colleyville,TX 76034 Ogle, Danny G & Ruth A 1009 W Lavaca Trl Colleyville,TX 76034 Palon, Jerry D 5918 Crescent Ln Colleyville,TX 76034 Perkins, Timothy B Etux Amber 6032 Sterling Dr Colleyville,TX 76034 Panchal, Prince H Etux Margari 6024 Sterling Ln Colleyville,TX 76034 Plain, Veri Etux Ruth Ann 909 W Lavaca Trl Colleyville, TX 76034 Periera, Vernon Etux Sharon 5842 Crescent Ln Colleyville,TX 76034 Reatta Place Hmowners Assoc 777 Trails End Cir Hurst, TX 76054 Proposed Lot Layout i UJ ~ ~ ~ I I '( 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 20.15 ACRES OF THE LOTS 2 AND 3 BLOCK 1 OF THE LAVACA TRAIL ADDITION AND W.C. NEWTON SURVEY, FROM THE AG-AGRICUL TURAL AND R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT AND 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 Keith Kithsiri on April 17, 2006, under Case No. Z-06-011; 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 Ordinance 0-06-xxxx Page 2 of 3 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 and R40-Single Family Residential zoning district to the R20-Single Family Residential and R30-Single Family Residential zoning districts as depicted in the attached Exhibit "A" and described in Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and Ordinance 0-06-xxxx Page 3 of 3 general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" R-40 EXHIBIT "B" ~ pan.:d ofJand ~ed W I I 12. ~fCQUjS~)mt~ lan~t Ct>i.mty, Ttw ~cre parcel of ltand and being pan of tile W.C. Subdivisi()n M d~ribed in Vol'WllC 381-421 Page 1 oCthe Plat R~ords QfTammt beinglOOre particularly described a.... corner of the Ememld Pmk Subdivision. an ufCollq'Ville~ Tammt County, T~Xtt& us r~ ,. 3410. P.R. So~h 0004aSS" ~Hii5ttlnce 1200.01 L{l it THENCE 50mh 89"'1905"E:a~ a ddta.nce orl!8. 13 ket to a pi}int aWn, tbe east oolmdary of Mid CURRENl R-40 IJROltQSED siwntfd in the W.c. SUf\i~)'. ofColkyvilte" Tttmmt C.omlt)'~ TeJU1S and being a 1 ~" ~I of 18 in the W.C. NC\\1On Subdivision as ~ibOO in Voi~ JU-42. ~ I ofd1e Pl. R~ ofT~ Q-mmy. (P .R.T and being. l'l1t:)N fMrtiaJlarl)' &.scribed 3$ fullo..vs; Cotnmencing ~t th~ ~ oomer oftl~ Em4mlld 1)1ri;: Subdivision, .1 additil)n k} tbl: QfColleyviDe, Tumm CUlUUY. T~ alll rooorded in Vol~ A, Page 8410, p~ Recoms of Tammt County~ Te1($ T '1', ) Notth 89045'.$4" r:8t~ a dis~ of J 14.38 feel 10 a point for CiFrtWf also being tbe t'l.M'tbcMt C()mer t}f said \V.C. Nev.1Oti a;s de~t;ribed in Volume 318-42, Page I- South w~. a di~ of 1100.01 leet tbe Point ~ (K)<>4.(fSS" tHAisumi,;{: of 119,'9 f~{:t t(l a po~nt ~ right..of..will1im: t1fLD. Lockett Rlmct; 89';'5:5116" a d".KC of a pennt comer also being the $outh~ wmCf of said Ema-ald 4 distaru:e or 1 oorne4'~ tbe eJlSt a d~fflnuc of 311. 1.261 rdull1ing to tbe Point more or ~~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: , May 8,2006 \ Prepared by: \ Chris Fuller Development Coordinator I Z-06-003 - Request for a zoning change from AG-Agricultural to Subject: I R30-Single Family Residential on 3 acres on Lot 1, Block 1 of the I Wilson Estates Addition located at 1304 Tinker Road Update 05/08/06 The initial rezoning request was tabled at the April 10, 2006, Planning and Zoning Commission meeting to allow the applicant to re-evaluate the R20 rezoning request. The applicant has submitted a letter to staff revising the rezoning request to the R30- Single Family Residential zoning classification. A copy of the letter is attached to this agenda briefing. Staff has re-notified property owners of the revised 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 R30-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 R30-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 R30-Single Family Residential zoning district requires a minimum lot size of 30,000 square feet with a minimum lot width and depth of 125 feet. The configuration of potential future lots will be determined at the time of platting. The site is sufficiently large enough to accommodate a four lot development. Agenda Item No.6 - 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 four lot development would add approximately 38 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 original R20 zoning request has been received and is attached to this agenda briefing. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: May 8, 2006 June 6 and 20, 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.6 - 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 AG 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 ColleyviIle, 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 concem for the development ofColleyville and a vested interest in the preservation ofColleyville's "small town" rural feel. Considering that Tinker Road is a minor collector road for Colleyville, very similar to Pleasant Run or John McCain and having requested a zoning change myself to R40 for the 2 lots of Pine Hill Estates mentioned earlier on Tinker Road, and knowing that most or all of the properties on Tinker Road are % acre or larger, I would be opposed to the approval 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" CUY Of cc8n~ PLANNING & ZONING COMMISSION AGENDA BRIEFING 1"exa5 Meeting Date: May 8, 2006 I Prepared by: I Chris Fuller . 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 the Apple Valley Addition located at 5105 Apple Valley Drive Update 5/08/06 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. The applicant has provided additional information and revised illustrations regarding the proposed accessory building, which are attached to this agenda briefing. The briefing agenda has been revised to reflect the updated Special Use Permit request. 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. Although the total area was reduced from the original proposal, the carport deviates from longest allowable dimension regulation 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. Agenda Item No.7 - Page 1 Adjacent Zoning and Development. The surrounding properties consist of single family residential zoning designations. The properties on all sides are zoned R-20 and are developed as single family residences. Development Analysis. The applicant has 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 applicant submitted revised elevation exhibits of the proposed accessory building. The applicant has added a 36-inch masonry fa<fade to the front of the metal building. The proposed building location is 25-feet from the rear property line and the proposed building height is approximately 15-feet. 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 Cateaorv Zonina Reauirement Applicant Proposal 1. Maximum Size 480 square feet 480 square feet 2. Longest Dimension Allowed 24 feet 40 feet 3. Maximum HeiQht 15 ft. to hiQhest point of roof 12 feet 4. Side Setback 5 feet 5 feet 5. Rear Setback 25 feet 25 feet 6. Maximum Number per Lot 1 1 7. Paved ParkinQ Surface Concrete, asphalt or pavestone Concrete 8. Roof Pitch 2:12 minimum In Compliance 9. Construction of Posts brick, stone or decorative metal Decorative metal between 12" and 48" in width The item indicated with bold, italicized characters does not conform with the carport regulations. The Land Development Code regulates the maximum size of carports to 480 square feet. The size of the carport has been reduced to comply with this standard. The Land Development Code also limits the longest dimension allowed for a carport to 24 feet. The longest dimension of the existing carport is 40 feet, exceeding the regulation by sixteen (16) feet. The applicant proposes to use the carport for the storage of a recreational vehicle, which necessitates the additional carport length. Agenda Item No.7 - Page 2 The proposed carport location has been revised by moving the pad site five (5) feet from the property line. The Land Development Code states that a detached carport may be located 10 feet or more from a principal building and may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulation. The applicant's drawings illustrate a five (5) foot buffer from the edge of the carport to the property line. The revised exhibit also proposes a landscape screen of ten (10) photinias placed on four (4) foot centers between the proposed accessory building and the property line. The Land Development Code requires support posts to be constructed of brick, stone or decorative metal, such as metal lattice. The revised exhibits include side plates, which appear to be conform to the decorative posts requirements. Gable skirting has also been added that will provide additional screening of the recreational vehicle from the adjacent properties. 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, May 8, 2006, 7:00 p.m. City Council: Tuesday, May 16 and June 6, 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 received one letter of correspondence from property owners within 200 feet of the subject property, which is attached to this briefing. In addition, the applicant has submitted a petition signed by adjacent property owners in support of the request, which is attached to this briefing. 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.7 - 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. Ten (10) photinias placed on four (4) foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "D" in the draft ordinance. d. The building elevations shall be consistent with the drawing attached as Exhibit "C" in the draft ordinance. e. The accessory building shall not be used for commercial purposes. f. 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 Dated April 7, 2006 . Draft Ordinance Agenda Item No.7 - 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 81. 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') or more than forty-eight inches (48'). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. Contact Eddie Edwards, Building Inspection Supervisor, 817.503.1034, for more information. B. Si ze: 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 Reaulations Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9') by eighteen feet (18') and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9') in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2: 12. Flat roofs shall be prohibited. ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12") or more than forty-eight inches (48"). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: 1. The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant's request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, April 10, 2006, 7:00 p.m. Tuesday, May 2 and May 16, 2006, 7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. · 12 copies of the site plan indicating the proposed location of the carport. The above requested items must be submitted no later than noon on Wednesday, April 5, 2006, in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at fullerc@ci.collevville.tx.us or 817.503.1054 if you have any questions. ..,..- -- -- .-- -~r u&-'-' ....JI....a ......c Applicant's Response Dated April 5, 2006 Page Iofl Special use permit request Case #Z-o&-oo6 Sincerely, Chris: I have spoken with a building official (Eddie Edwards) & bUilding wiD be in compliance with all codes Frank Manzc 5105 Apple Valley Dr CoIleyvilly Tx. 76034 Wednesday, April OS, 2006 America Online: FJMANZARI l~ " N 02" 241 141 \Ill 1.11 10' WILDING LINE (per p\al.) ps' +- T ~'L r 3 K2 8 J . I ~ 4 ~ . ~ f8 t; dl 15.'1' ONE STORY BRICK 5105 APPLE VALLEY DRIVE .. ":-- < ."1:';:.<' -..: ~--:'::-:." '-. .. I~_->'. ,. :i -.........7.- ~.i~_"':.. :-: <.- ...- z-:r:-. ,. ",.. ....-.0 , . :;''' " , c (SO' R.O.H.) 1\0.00' 1 ~l 1 I v.' 40' -W' ~-to' MW\L 5\l(Ul(~ .:~, ~ I I 5' ~~ T-PO'" ('b" JlH.orI~\J\-:1 rilL ~I"'~ LO ~ &tl ~ IIJ':~.,:' ;tlli ~ - " ..~:~._1.~.:f: ~~:'.,.~;.) " 0 ~" :::-::-;.;~ -i~.~{.:.t ~_.:: .' - . 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(' t:) Petition Regarding Request Provided by <./Jl ~ Applicant Page 1 of 1 8) Petition for;l proval of new garage at 5105 Apple Valley Dr. 1) ~.' .'r ~ I /z- vlffl( cI~( 2) (,Jf-( ~ flol(!\p,k ,,-/u.-{7.-- 3) :( ~~ ~_. -'-; I <!) 8 A-ff)( LI<cQe~ 4) ':fla,~ J.I I ) . I SID/ A~k I/qlk~ 5) nail.( ~~ 5/00 A-ppg UQj(~ Dr, 6) P L-L $/Oq II/,/.Lc' /lj.r~l:}})1 7) LfD5 [L PJ. I 5 fQf:.< LJ t '14 (Yz/('J. ~ e s moo Ile.., k <<-:J ce.e.c;f tw d t... ~ '-QI'l d.f "- L'/< on 2 ~ 641- lO-?-, ( J;.d ,1~"* o..~ f- hVh1 ~ ~'"7 -", +~ {Je..{, +L~'''' - He s fc.. W N. W'f) v-flJ. y2<> ~ f.~ ( -e ~ f (b + e 05+ '- 9) 10) 11) , ~ I ( .. -\-k€t { w"" .s ~~ ..J..L em. ~ 01'1 ly ~~ O~rl~t.r wL!< fr<>f(dy / 5 tAl I*,t~ +4 2.00' L,~: 1 i 11 Mt Ilo --\ ~ ",-t,(~ .j... f'e.4.<-4 ~ (e.~1 r ~1 30(1 l'Vl1 ~4 ~~e wk'i s.~. 'f~" is Sunday. March 26. 2006 America Online: FJMANZARI Letter in Opposition to the Request Dated April 7, 2006 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, '_h'?~{\\(~ Patricia M. Moore ( ( 5. REQUIRED SIZB OF RESIDENCB No residenee having a floor area of les. than 2,600 square feet .hall be erected on lot. covered by this dedication. In ad- dition, no residential .tructure .hall be Ie.. than .eventy (70) fee~ wide unle.. the under.igned, in writing, approves a le.ser frontag-e. By · floor area · as that term is used above, is meant the floor area of the re.idence only. · Re.idence · a. that term is used in this Section 5, does not include the floor. area of out- buildings, servant'. quarter., garag-e. and .imilar building. at- tached to the main dwelling, nor does it include the floor area of porche., attached or unattached, encl~.ed or unenclo.ed, base- ments, a~tic., etc. In ~e event the residence 1. a story And a hAlf or is two story the ground floor Area shall contain at leA.~ 2000 square feet. 6. SET-BACK FROM STREET LINE AND SIDE LINES Except AS hereinafter set out, no residence, outbuilding-, structure (including but not limited to cooling towers And mechanical units), improvement, fence, wall, hedge or obstruction of Any chAracter shall be erected, plAnted or maintained or per- mitted to remain on any lot or plot neArer to an adjoining street or streets than ~!LIJM,WJ..n.9",l.i.P.!.. ,.hn:c;r~~"J..ua.~-,JIIe, 'iIOr ahall any reddence outbul1dingor~d.... .. e . .10cat.dnll"'~II~ thaftJuh'(1.0~lJf..1::.'i:o;thil"'.la.':'1~x.'rln.~ ..' . ..< ..... ;...... . ,........'...... However, connected or unconnected but not enclosed porches, balconies, portechocheres, terraces, cornices, bAY window, spout- ings~ chimneys, and other customary architectural appurtenances - :~e~a-~!~e:d ~i~:e~fI~~!.!.~~.!1'l_',1.4~"'''1n..,.cu..t~n9,!,~~~~,t. __.~._ua. .,,_,......1,~..._._..._<<...,..... ? , The undersigned reserves the right to change in writing Any building lines .hOwn cn the attached ..p or the .et-back from the side lines hereinAbove .et out of any lot or plot .0 long a. it holds legal ti~le ~o such lot or plo~ And likewise reserves the righ~ to make such changes with the consent of the owner of the property involved after it has parted with the title ~o such pro- perty. In no event .hall such building lin.. be changed .0 a. to bring them nearer to the streets thAn is p.rmitt.d by the ordin- anc.. of ~he City of Colleyville th.n in eff.ct, nor ..hAIl the set-back distance from any lot or plot be incr....d by more thAn 15 feet wIthout ~he consent of the adjoining , property owner. 7. MISCBLLANEOUS The construction or maintenance of bill-boards, .1g-n., post.rboards, or advertising structures of any kind on Any part of any lo~ or plot is prohibited except that (1) signs not exceed- ing five square feet in .ize advertising prop.rty.hewn on said map for sale by the owner th.reof other than the undersigned, or by tha~ owner~. authorized real ..tAt. agent or broker, and (2) sign. in excess of five sqUAre fe.t in size located on lot. owned by the under.ign.d adv.rtising the SAme for sAl., .hall b. permitted. . ..' ": Th. rai.ing or ke.ping of poultry,swin., rabbit., cows, and other live.tock of whatever character i. prohibited. Horse. or dog., cat. or'other hou.ehold pets mAY b. kept provided that th.y are not kept, br.d or ..intained for any commerci.l purpo.... NO.lIOre than three (3) d09S And/or cats .ay be k.p~ on a..lot.' , I' "';. I ,.,' '. I . .. ..': -' ." ". :,'. . ~'. : : ... .' ~.:' - "(1 ;..: . . . .. ~ .0 . ;..', .~: '"'" ",:-r. ,:::. ". . . .. ~. . . 4 VOl. "n3J'~ I:~ . ~"~:~'J. ~,~(.'.';r.",.;\A~,'. .~~ " ',' ~:~..~: ......" . ... ;;. :: ;:d.:::;:;>.,: ':, .,'~.:S;~//{hf;~{~~::h~i~~;S~:t~~t ..;.:...".:;:.,:~":c,,,.-..;. '.L"I;f~.~....i4i.~:::''''~r'I1~' :::~l l.! "~'" . '.'. ":':'~"!.St'~,,~',:~l'.\...~,!....' ":-:'~~."" ,. ... '0 - - t..., .. ~ - ~" '>'~~'1% --;. (e, .~... .,""'. '.. ..~.. .,. '. '~:f; .{:f: .J' :;,; .~- ; _---.~;;.-:<-:i. 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. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 3, Block 2, Apple Valley Addition, (5105 Apple Valley Drive), by authorizing a Special Use Permit for a Carport, as shown on the Elevation Plan (Exhibit "B") and a Special Use Permit for an Accessory Building, as shown on the Elevation Plan (Exhibit "C") and Site Plan (Elevation "D"), subject to the following conditions: Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-06-xxxx Page 2 of 2 a. The accessory building may not exceed 1,600 square feet. b. Ten (10) photinias placed on four (4) foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "D". d. The building elevations shall be consistent with the drawing attached as Exhibit "C". e. The accessory building shall not be used for commercial purposes. f. The carport elevations shall be consistent with the drawing attached as Exhibit liB". THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT except as amended by this ordinance, the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor Ordinance 0-06-xxxx Page 3 of 2 APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT A - ZONING MAP 310 AG AG 5108 5100 5008 EXHIBIT B - ELEVATION PLAN ,fLAU 2' y,; ~P.Ml~~_^ <^^_, SlJ)\!flJ.'fe.S o~6Q..." ~V~~_ <lRiN .-. IM~.' ItA~ lrACl~ ~ffGf.":,) alT Il=I!'~T~ . Ill.' ?u\~" ~~uJ~ ~~ 4M{~fl)f~. Or~etJ 4Rf4 ftQM EXHIBIT C -ELEVATION PLAN EXHIBIT D - SITE PLAN w $5' Site of Building ~. - , k fl'l Site of Carport t..O u