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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-5/22/2006 City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, May 22, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES 5a. Planning and Zoning Commission Meeting Minutes - May 8, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a. Case P-06-025 - Final plat on 4.01 acres being Lots 7 - 13, Block 1 of the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue 7b. Case P-06-027 - Replat for 0.94 acres on Lot 11, Block 4 of the Fairway Addition located at 6809 Herbert Road 7c. Case G-06-011 - Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage 8. PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 1 Printed on 5/19/2006 Planning and Zoning Commission Meeting Agenda May 22, 2006 8a. Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street 8b. Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane 8e. Case Z-06-013- PUBLIC HEARING - Request for a Special Use Permit for outdoor storage on Lot 1, Block 1 of the Green Acres Addition located at 5401 Colleyville Boulevard 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 18,2006, by 5:00 p.m. Amy Shelley ~ Planning and ~g Assistant City of Colleyville Page 2 Printed on 5/19/2006 .~'", i,;:/'::;:~~:' .-:" :':ii<..''\j'' ;~.::.,.~..,~, ~ !)t,j;pJ ~ . :j~~~W\~;) .~ h~~~~".' City of Colleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Minutes Status: Commission Public Hearings Version: 1 Requester: File Name: Community Development Department Planning and Zoning Commission Meeting Minutes - May 8, 2006 Agenda Date: OS/22/06 Agenda No.: 5a Controlling Body: City Council Final Action: Attachments: Planning and Zoning Commission Meeting Minutes - May 8, 2006 History of Legislative File Version: Date: Acting Body: Action Text: OS/22/06 1 06/06/06 Planning and Zoning Commission City Council Title Planning and Zoning Commission Meeting Minutes - May 8, 2006 City of Colleyville Page 1 Printed on 5/18/2006 .~ 7'exa5 PLANNING AND ZONING COMMISSION MEETING MINUTES -May 8, 2006 CALL TO ORDER Chairman Duffy called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Robert McCormick, Dave Dudziak, Thomas Bartkowski, John Blassingame and Denis Duffy Absent: Commissioners Mary Taylor and Jeff Byerly Barry LeBaron, Chris Fuller, Amy Shelley, Chad Bartee, Fire Chief Mike Johnston and Fire Marshal Rob McKeown from staff were present. INVOCATION The invocation was given by Commissioner Duffy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak made motion to approve the April 24, 2006 meeting minutes as written. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Bartkowski, Dudziak, Blassingame and Duffy Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-06-022 - Minor plat for 2.01 acres on Tract 1C1A, Abstract 206 of the BBB & eRR Survey located at 312 Lloyd Circle Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski made motion to approve case P-06-022. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 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 & Zoning Commission Minutes - May 8, 2006 Page 10f7 Commissioner Blassingame made motion to approve case P-06-023. Commissioner Dudziak seconded. Commissioner Duffy questioned staff regarding if construction plans for the road are available with this plat? Barry LeBaron replied this is a preliminary plat; those construction plans for the entrance on Heritage Avenue will be available with the final plat The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 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 Commissioner Blassingame made motion to approve case P-06-024. Commissioner Bartkowski seconded. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the 20 foot access required by the Fire Marshal between the buildings? Barry LeBaron replied the Fire Marshal wants the 20 foot access between the buildings because this is a commercial project since more than one building can be placed on the lot. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 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 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy opened the public hearing at 7:20 P.M. There being no one wishing to speak, the public hearing was closed at 7:20 P.M. Commissioner Duffy made motion to approve case Z-06-009. Commissioner Blassingame seconded. Commissioner Bartkowski questioned staff regarding the zoning in this area? Barry LeBaron replied these properties are all single family residential in nature. Commissioner McCormick questioned staff regarding if any letters in opposition have been received regarding this request? Chris Fuller replied no letters have been received. Planning & Zoning Commission Minutes - May 8, 2006 Page 20f7 The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 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 Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy opened the public hearing at 7:20 P.M. Jenny Oswald, 5841 Crescent Lane, spoke in opposition to the rezoning request with issues of the placement of the proposed street and drainage. Mark Zebrowski, 5834 Crescent Lane, spoke in opposition to the rezoning request with issues of the placement of the proposed street and drainage. Leslie Zebrowski, 5834 Crescent Lane, stated having issues with the placement of the street with it being used as a thoroughfare. Ed Clark, 6016 Sterling Drive, stated having issues with drainage and safety with increased crime in the area because of the street. He stated there are problems with drainage in the Emerald Park addition. Mark Christman, 5825 Crescent Lane, stated not against the rezoning of the property to residential but is against the proposed street, there should not be a cut through. He stated having con~rns for drainage and safety of the street. Scott Sprawls, 5903 Crescent Lane, stated having issues with drainage. He stated having issues with the placement of the proposed street, crime, and the potential cut through use of the street. He stated his bedroom would be really close to the street and does not want it. Vernon Pereira, 5842 Crescent Lane, stated having issues with drainage and the possible noise, crime, speed and safety for children on bikes. Mark Robbins, 5907 Crescent Lane, spoke in opposition to the rezoning request with concerns for crime, noise, traffic and drainage. AI Grassi Sr., 6005 Sterling Drive, spoke in opposition to the rezoning request with concerns for drainage, traffic, noise and crime. However, he stated not being opposed to the rezoning request, just the way the subdivision is designed. Judy Ruggere, 1013 West Lavaca Trail, stated not having issues with the rezoning request to residential, however, she stated having issues with the drainage in the area. She stated there needs to be a water plan in place to be able to accommodate all of the water in the area. She stated at times, the water is knee deep over six acres. Prince Panchal, 6024 Sterling Drive, stated having concerns for drainage, safety and crime. He stated wanting the subdivision to be a gated community. Planning & Zoning Commission Minutes - May 8, 2006 Page 30f7 John Moody, 5935 Crescent Lane, stated having the same concerns as his neighbors. He stated having concerns for safety for his small children. Jeff Zimmerman, 501 Lavaca Trail, stated having issues with drainage, noise on the street and the smaller lot design. Robert Clouse, buying 5927 Crescent Lane, stated having issues in regards to the placement of the street and noise. He stated a proposed road was not discussed at the time we put a down payment of this home. We are willing to loose our money if the street goes in. There being no one wishing to speak, the public hearing was closed at 7:50 P.M. Commissioner Duffy questioned staff regarding how the 20 percent is calculated? Chris Fuller explained the process for calculating the 20 percent per state law. Commissioner Bartkowski questioned staff if the code requires streets to have two tiers of lots on each side of the street? Barry LeBaron replied correct and it would be an issue at the time of platting. It would create double frontage lots for those lots that are in Emerald Park and this would be a very bad urban design. However, that issue would be addressed during the platting process. Commissioner Bartkowski stated this could be a zoning issue because this type of density could not support the zoning? Barry LeBaron stated having to look at this project to see if there is enough land packaged together to be able to give the developer the density or would we be approving a poor design because of the minimal amount of property. The Emerald Park addition at least is wide enough to be able to have two good streets in there and have enough land for those lots. Commissioner Bartkowski questioned if the dead end street is allowed in Colleyville? Barry LeBaron replied when meeting with the developer staff suggested having a stub out for a road so that in the future connections or extensions could be made with other streets to have circulation. Commissioner Bartkowski questioned staff if the density is too much for this area because of the drainage issues, would the drainage support the density? Barry LeBaron replied drainage is a function of platting not zoning; therefore those issues would be discussed and solved during the platting process. Commissioner Dudziak concurred with Commission Bartkowski regarding the density of this project is a zoning issue. Ed Ke lIie , Kellie Engineering, 200 Rufe Snow Drive North, Keller, and Dan Bryson, partner with the development. Mr. Kellie stated being open to revise the conceptual plan in regards to drainage. He stated they have met with Emerald Park residents. He stated having an appointment with Robert Woods, city engineer, regarding the drainage and design features of the proposed project. Commissioner Dudziak questioned Mr. Kellie regarding how would he handle the double frontage lots? Mr. Kellie stated looking at cul-de-sacs, but he will have to work with the engineering and fire departments for him to be able to design an Planning & Zoning Commission Minutes - May 8, 2006 Page 4 of 7 addition that would satisfy the community and the city. He stated being aware of the concerns of the neighbors. Commissioner Duffy questioned Mr. Kellie if he has spoken with Larry Cole, the developer for Emerald Park, regarding the drainage issues? Mr. Kellie stated not haven spoken with Larry Cole regarding the drainage issues. He stated the drainage in Emerald Park appears to not be functioning to the full capacity. Commissioner Duffy stated being disappointed because there is not a drainage plan. Mr. Kellie stated Emerald Park's drainage was built to accept the drainage for the area. Commissioner Duffy made motion to deny case Z-06-011. Commissioner Blassingame seconded. Commissioner Dudziak questioned staff regarding what are the applicant's choices now that Planning and Zoning has recommended denial? City Attorney Matthew Boyle replied the applicant has two options, they can appeal to City Council or they can work with staff and come back with an alternative and revised plan that would be permissible in accordance with the code. Commissioner Dudziak questioned if there is any time frame? Barry LeBaron replied the applicant has ten days to appeal to City Council. The motion was approved to deny by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 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 Commissioner Bartkowski made motion to remove case Z-06-003 from the table. Commissioner McCormick seconded. The motion to remove from the table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy questioned staff regarding what the property to the right of the rezoning request is currently zoned? Chris Fuller replied R20. Commissioner Duffy opened the public hearing at 8:18 P.M. Michael Dotti, 1310 Tinker Road, the applicant came forward to present the request and brief the Commissioners. Commissioner Duffy questioned Mr. Dotti regarding where he currently lives? Mr. Dotti replied at 1310 Tinker Road, to the right adjacent to the property to be rezoned. Commissioner Duffy stated being concerned about selling the two lots in the future, how would you gain access to them? Mr. Dotti replied being able to access from his Planning & Zoning Commission Minutes - May 8, 2006 Page 5 of 7 property. He stated not having plans to develop in the future. Commissioner Blassingame questioned the applicant using the drawings, where he resides? Mr. Dotti used the drawings to explain where he lives. There being no one wishing to speak, the public hearing was closed at 8:21 P.M. Commissioner Dudziak made motion to approve case Z-06-003. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame Nay: Duffy 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 Commissioner Blassingame made motion to remove case Z-06-006 from the table. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy opened the public hearing at 8:26 P.M. Frank Manzare, 5105 Apple Valley, the applicant, came forward to present the request and brief the Commissioners. Commissioner Dudziak questioned Mr. Manzare regarding the height of the building skirting will be? Mr. Manzare replied about eight feet, the vehicle will not be seen by the neighbors because of the fence and the skirting that will be around the building. Mr. Manzare presented examples regarding the materials used for the building. Commissioner Duffy questioned Mr. Manzare regarding if he has talked with the neighbors? Mr. Manzare stated not since the last meeting, he stated they talked after the meeting. Mr. Manzare stated being satisfied with what staff has recommended. There being no one wishing to speak, the public hearing was closed at 8:31 P.M. Commissioner Blassingame made motion to approve case Z-06-Q06 with staff's recommendations: 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 liD" in the draft ordinance. d. The building elevations shall be consistent with the drawing attached as Exhibit "C" in the draft ordinance. Planning & Zoning Commission Minutes - May 8, 2006 Page 6 of 7 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" in the draft ordinance. Commissioner McCormick seconded. Commissioner Dudziak stated not being comfortable approving this structure as one building. The motion was approved by the following vote: Aye: McCormick, Bartkowski, Blassingame and Duffy Nay: Dudziak STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS Commissioner Duffy stated when the Longwood Development was approved; a south bound left turn lane was approved, but it is not there. Chad Bartee replied that turn lane is still in the plans. Commissioner Duffy questioned if it is planned right away or after the reconstruction of SH26? Chad Bartee replied right now. Commissioner Duffy questioned staff regarding how can it be made safer for people until the turn lane is approved? Barry LeBaron replied working with the developer to correct the issue until the turn lane is installed. Commissioner Dudziak stated the project was approved because the turn lane would be done prior to the project being opened. Barry LeBaron replied when working with TX Dot, you work at their speed, but it is in the process. Commissioner Dudziak questioned staff if the project is being delayed because of the turn lane? Barry LeBaron replied no, they are moving forward. Commissioner Duffy stated wanting staff to keep reporting to the Commission regarding the development. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak stated wanting to bring the Commissioners up to date regarding a phone call he received from a resident who lives behind the Hodges property. The resident seems to believe that there is an additional business being operated on the Hodges property. Commissioner Dudziak stated wanting staff to look in to the situation to see if that is the case because when Hodges was approved for the business, he had certain areas on his property that he could operate those businesses. Commissioner Dudziak stated being disappointed that there is not enough staff to look in to the situation before it got out of control. ADJOURNMENT The Commission adjourned the meeting at 8:36 pm by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: -------------------- Planning & Zoning Commission Minutes - May 8, 2006 Page 7 of 7 i(~. City of Colleyvi lie Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings File Name: Community Development Department Case P-06-025 - Final plat on 4.01 acres being Lots 7 - 13, Block 1 of the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue Agenda Date: OS/22/06 Agenda No.: 7a Controlling Body: City Council Final Action: Version: 1 Requester: Attachments: Zoning and Location Map. Development Review Committee Comments. Applicant's Response. Plat History of Legislative File Version: Date: Acting Body: Action Text: OS/22/06 Planning and Zoning Commission 1 06/20/06 City Council Title Case P-06-025 - Final plat on 4.01 acres being Lots 7 - 13, Block 1 of the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue Explanation Tim Thompson, representing Realty Capital Heritage Glade, the owners of the subject property, has submitted a final 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 final 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 final plat. Zoning. The proposed plat area is located within the CC2-Shopping Center zoning district. The minimum lot size in the CC2 zoning district is 20,000 square feet. Six (6) of the seven (7) 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. The Planning and Zoning Commission and City Council approved the preliminary plat in the configuration requested by the developer. Sidewalks and Trails. No sidewalk construction along Heritage Avenue is required of this development, since sidewalks currently exist along the east side of Heritage Avenue. No trail facilities are required by the Colleyville Pathways Plan for this property. An existing City of Colleyville Page 1 Printed on 5/18/2006 Agenda Briefing Continued trail is located on the west side of Heritage Avenue. 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's engineer has submitted construction plans for the drainage system improvements, which have been reviewed and determined to be consistent with the requirements of the Colleyville Land Development Code. 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. Tree Survey and Replacement Requirements. Aerial photos show a small gathering of trees located in the northwest portion of the site and a second group of trees near the southwest corner of the site. At time of building permit, a tree replacement plan may be required for the removal of these trees unless they are ultimately located within the limits of a building pad-site or utility easement, which are exempt from mitigation requirements. 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 any lots containing two or more commercial buildings will require a minimum twenty feet of separation as required by the International Fire Code. The developer has indicated that there are no plans to construct multiple buildings on a single lot, but has acknowledged the Fire Marshal's comments. Summary. The Planning and Zoning Commission approved the preliminary plat at the May 8, 2006 meeting and the City Council approved the preliminary plat at the May 16, 2006 meeting. The final plat is consistent with the approved preliminary plat. The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code, except for the minimum lot size of Lot 12. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval City of Colleyville Page 2 Printed on 5/18/2006 Zoning and Location Map D NORTH Subject Tract CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE April 26, 2006 TO FAX NO FROM Keith Fisher 817.424.2448 Tim Thompson 817.336.2813 Chris Fuller, Development Coordinator SUBJECT P-06-025 Heritage Glade Office Park - Final 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. 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 VVhereas 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 15-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. 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-025 HERITAGE GLADE OFFICE PARK 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 dedicationftes 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 fmal 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. ROADWAY The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 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 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. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-06-025 HERITAGE GLADE OFFICE PARK PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, May 22, 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 XII). Submit the information per the above comments by no later than Wednesday, May 17, 2006. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. PAGE30F3 .. ~ #l:JII) TEAGUE HALL AND PERKINS III,:C ENGINEERS . SURVEYORS . CONSULTANTS Barry LeBaron Planning Director City of Colleyville 100 Main Street Colleyville, Texas 76034 April 17 , 2006 RE: Heritage - Glade Office Park Dear Barry. We are submitting the plat along with complete construction plans for the subject development. Based on recent conversations with your staff, I would like to request the following: 1.) Request to apply for a waiver of the minimum lot size for the development. 2.) Request a drainage waiver due to the site having been master planned with fully developed storm system. The engineer of record used a C - factor of 0.90 when designing the existing storm sewer system. I would like to thank you and your staff for their support and guidance during this process. You all have been very easy to work with and were always there to answer any questions. :1fifJliL Teague, Nail and Perkins CC: Tim Thompson, RCC Tom Rutledge, TNP ~I' COp}' 1100 Macon Street · Fort Worth, Texas 76102. 817.336.Sn3 phone. 817.336.2813 fax www.tnp-onllne.com ""U )> CD -u ... :::::0 . . ~ . . .....:I . . . I'.) . . C> . C> . . en . .... --- r- ,...,., C""'2 c::::a ~. . . 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I ,Hflll Ji !Il. I ~ ~ ~.: ' 1:1'. ,.f " at 1 ~ ~ . . . II e. ~:: :~: .. ~;: I !:: . ~:fl'l ~;: ~: ; (~ ~Ii II I 11I,ls: II 1lI15 ~!I.~II: ll~ l'Ji I d:.1 niBI I ~ii' 'f". i1tf}ji ."' I I" i · (Ii ii~:~t ~ I I 11'1( . Ill. I j fllU I hi" , ,f I '1 1!ljI iff!!, ~II f ~ I .11 tit r r ~ al ~'I, Ell_ II I I 14 ~ t!It;tl r~:!t:r ~I;&i~ :J~il'l tr~ I ~ - J'!~t I! i Ii. ~ll aPI "III II: I ~ ~ ~ :4! " ~ + "'('s.a... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: File Name: Community Development Department Case P-06-027 - Replat for 0.94 acres on Lot 11, Block 4 of the Fairway Addition located at 6809 Herbert Road Agenda Date: 05/22/06 Agenda No.: 7b Controlling Body: City Council Final Action: Attachments: Zoning and Location Map . Development Review Committee Memo . Applicant's Response . Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 05/22/06 Planning and Zoning Commission Title Case P-06-027 - Replat for 0.94 acres on Lot 11, Block 4 of the Fairway Addition located at 6809 Herbert Road Explanation Thomas Cole Custom Homes has submitted a request on behalf of Heaven Butler to subdivide 0.94-acres of land located at 6809 Herbert Road. The owner has submitted a Minor Plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create two lots for the construction of single family residences. Zoning. The property is zoned R20-Single Family Residential. The R20 zoning district requires a minimum lot width of 100 feet and lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided upon approval of the final plat. Parkland dedication fees are not required on Lot 11 R-1 as an existing house is located on the property. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalks along Murphy Road and Herbert Road are required to be 4-feet wide. The sidewalks must be constructed at the time building improvements are made to this property. The developer is required to construct the sidewalks as part of the improvements for this property. City of Colleyville Page 1 Printed on 5/19/2006 Agenda Briefing Continued Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Murphy Road is considered an unimproved street. Perimeter street improvements are not required on Lot 11 R-1 as an existing house is located on the property. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality 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. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided an aerial photo that located existing trees on the property. The applicant has met with staff to discuss the proposed building location in order to preserve the existing trees. 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 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. Financial Impact There is no financial impact on the City of Colleyville associated with this request. Recommendation Approval City of Colleyvilte Page 2 Printed on 5/19/2006 Zoning and Location Map D NORTH ~ AG PUD-R - SITE PUD-R ~ R-20 ~ ~ !~ \ -.... --( :'HAL ~ P- I I:l: Development Review Committee Memo DATE May 10, 2006 TO Thomas Cole Custom Homes FAX NO 817.788.4845 FROM Chris Fuller, Development Coordinator SUBJECT P-06-027 Fairway Addition - replat 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 proof of property ownership. Tarrant Appraisal District records indicate the property owner is Stephen and Robin Burke, which differs from the signed replat application. 2. Revise the front yard building line on Lot 11 R-1, along Murphy Road, to state 30- feet per the R-20 zoning district regulations. 3. There is an existing house on the property. On the plat exhibit, show the location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. 4. Revise the 10-foot utility easement to state 15-feet (7.5 feet on each side). Contact Robert Woods, Project Engineer, 817.503.1094, for more information. In Your Response Letter, Acknowledge the Following Information: 4. Additional requirements may be reviewed when plans are submitted. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are required for this property since Murphy Road is considered an unimproved street. Perimeter street improvements are not required on Lot 11 R-1 as an existing house is located on the property. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided upon approval of the final plat. Parkland dedication fees are not required on Lot 11 R-1 as an existing house is located on the property. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets. The sidewalks along Murphy Road and Herbert Road are required to be 4-feet wide. The sidewalks must be constructed at the time building improvements are made to this property. The developer is required to construct the sidewalks as part of the improvements for this property. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a 1-inch meter. Actual fee depends on water meter size andlor if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size andlor if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, May 22, 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 17, 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 fullercai>.ci.collevville.tx.us or 817.503.1054 if you have any questions. THomAs .......COLE +.(.. ..' .--./ ~ .(L' -,;;;;;' _'.. .tr '-'/-' . ';L" ." -..c......'r".' ,&..~"#,~~~..;~; ,,:< ;.:-~:1Y~' c/ . Dear Amy, Please take this letter as my acceptance of the terms laid out in your requested revisions for our property on Herbert Rd. We will make the changes to the plat con<:eming the utihty easements, the build line and show that the existing home will be knocked down. I will also provide proof of ownccship rOt the property. Please contact me if! can do anything else, Thank you for your help, Andrew Butler Thomas Cole Custom Homes 1540 KELLER PKWY S1'E.I08#111 KELLER, TX 76248 I I J I I I . I , (.M.O.~.09) - - - -:-, - - -r - - - \Ja-J.B38'83R - -,- -r - ~ '~- . ~ I I. . 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I I J,'L .'~l ..A) J,. .J!. . ~ ~~ ~ . n'X~l'" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 05/22/06 Requester: Community Agenda No.: 7c Final Action: Development Department File Name: Case G-06-011 - Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage Attachments: Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 05/22/06 Planning and Zoning Commission City Council City Council 1 1 06/20106 07/05/06 Title Case G-06-011 - Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage Explanation The City Council approved Ordinance 0-06-1569 on April 4, 2006, which established the Special Use Permit regulations for oil and gas well drilling in Colleyville. Attached is a proposed amendment to the regulations to establish the applicable permit fee, water delivery procedures and inspection policies. The City of Fort Worth currently charges $1,500 for a drilling permit and is proposing to increase that amount to $2,500.00. The City of North Richland Hills charges a $5,000 permit fee. Staff is recommending a $5,000 permit fee for obtaining a gas drilling permit in Colleyville. The permit fee offsets the direct costs of staff time used in providing the inspection services. In Colleyville, the proposed ordinance will require private sector inspection services, which will be supplemented by inspections from the Colleyville Fire Marshal and Building Inspection Department staff. The costs for retaining the private sector inspection services will be billed on a monthly basis to the holder of the drilling permit and will be in addition to the permit fee. Information obtained from representatives of the gas drilling industry indicates that approximately four million gallons of water is necessary to complete a typical gas well. Most City of Colleyville Page 1 Printed on 5/18/2006 Agenda Briefing Continued of the water demand comes during the times that fracturing takes place. Of major concern associated with oil and gas drilling, is the source of water used during the drilling and fracturing processes, and what procedures will be used to curtail water consumption at a gas drilling site during the threat of a municipal water shortage. The proposed ordinance allows a drilling permit holder to obtain water through a temporary fire hydrant meter in accordance with existing policies and procedures. To coordinate the timing of water delivery and to avoid conflicts with typical domestic water demands placed on the municipal water system, the Director of Public Works will determine the times that the drilling permit holder will be able to obtain water. A potential negative impact on individual water wells surrounding a gas well site could be experienced if a gas well permit-holder drilled a separate well for water production purposes. The attached ordinance prohibits a gas well permit holder from drilling a separate water well for gas drilling purposes, unless the Special Use Permit contains a provision to allow a separate water well. This procedure will allow the Public Works Department to evaluate the potential effect an additional water well could have on any private wells located near a gas well site. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval City of Colleyville Page 2 Printed on 5/18/2006 ORDINANCE 0-06-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3.1, OIL AND GAS WELL DRILLING AND PRODUCTION, OF THE LAND DEVELOPMENT CODE REGARDING PERMIT FEES, INSPECTIONS AND WATER USAGE; AND AMENDING SECTION 2-26 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS REGARDING PERMIT FEES FOR OIL AND GAS DRILLING AND PRODUCTION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-06- 1560 on April 4, 2006, adopting the Oil and Gas Drilling Regulations; 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 amend the oil and gas well drilling regulations to add regulations regarding permit fees, inspections and water usage; 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 Ordinance Regulations, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested, and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3. 1 - Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - 157 Permit Fees, which shall read as follows: 3.1 - Permit Fees As a condition to the issuance of the gas or oil well drilling permit required by this Chapter of the Land Development Code, payment of the applicable permit fee shall be paid in full. Said permit fee shall be in accordance with the Schedule of Fees and Charges contained in Section 2.26 of the Colleyville Code of Ordinances. Sec. 2. THAT Chapter 3. 1 - Oil and Gas Well Drilling and Production, of the Land Sec. 3. Sec. 4. Ordinance 0-06-XXXX Page 2 of 3 Development Code, is hereby amended to add the following Section 3.1 - 158 Inspections, which shall read as follows: 3.1 - 158 Inspections A. Inspections shall be performed by an independent inspection consultant and supplemented by the Fire Marshal and Building Inspection Department staff. The costs for retaining independent inspection services shall be in addition to the permit fee and shall be billed on a monthly basis to the holder of the oil and gas well drilling permit. If payment is not received by the City within forty-five (45) days from the billing date, the drilling permit shall be revoked. B. The Fire Marshal and Building Official are hereby authorized to establish written inspection procedures to enforce the provisions of the oil and gas well drilling regulations contained in this Chapter. THAT Chapter 3. 1 - Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - 157 Permit Fees, which shall read as follows: 3.1 - 157 Water Usage A. The holder of an approved oil and gas well drilling permit may obtain water from the City of Colleyville through a temporary fire hydrant meter in accordance with the policies and procedures existing at the time the fire hydrant meter is obtained. B. When a water shortage has been declared, in accordance with the operating policies of the Colleyville Water and Sewer Manual, it shall be unlawful to use water from the Colleyville water system for oil and gas well drilling operations and production. C. The time of delivery of water shall be determined by the Director of Public Works. D. Unless otherwise approved as a provision of the Special Use Permit, no water well permit shall be approved for oil and gas well drilling. THAT Section 2-26 entitled "Fees and charges for city services" of Chapter 2 of the Code of Ordinances of the City of Colleyville, Texas, paragraph (G) is hereby amended to add the following permit fee: Oil and Gas Drilling and Production permit .... ... $ 5,000.00 Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-XXXX Page 3 of 3 THAT Ordinance 0-00-1214 adopting the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. THAT 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 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 this ordinance shall take effect immediately from and after its passage. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. 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 . n'_~..l';' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: File Type: Ordinance Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 05/22/06 Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street Attachments: Location Map. Letter from Developer. List of Property Owners Notified History of Legislative File Version: Date: Acting Body: Action Text: 1 05/22/06 Planning and Zoning Commission City Council City Council 1 1 06/20106 07/05/06 Title Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street Explanation The City of Colleyville has received a rezoning request for property situated on each side of Sanders Lane. The Master Thoroughfare Plan shows a future two-lane minor collector roadway that would extend through the proposed development, which is a separate agenda item for consideration. To address the concerns of residents on adjacent properties, the developer has not provided for a typical street connection between the eastern part of the development and the extension of Sanders Lane. Attached is a letter from the developer requesting the Commission to consider amending the Master Thoroughfare Plan. The proposed rezoning of the Sanders Lane property cannot be approved without showing a continuous street connection of Sanders Lane through the development, unless the Master Thoroughfare Plan were to be amended to delete the collector roadway from the future thoroughfare system. Coordinating the development proposal with the future thoroughfare plan will require an amendment to the Master Thoroughfare Plan by changing the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a minor collector roadway to a local street. City of Colleyville Page 1 Printed on 5/19/2006 Agenda Briefing Continued As shown on the Master Thoroughfare Plan, the minor collector roadway would provide a continuous looped roadway system from the intersection of Sanders Lane and SH26 to Wyatt Drive, thence using Industrial Boulevard back to SH26. If the thoroughfare plan is amended to change the classification to a local street, a continuous street connection will not be required as properties develop or redevelop. Financial Impact There is no financial impact to the City of Colleyville associated with this request Recommendation Approval, subject to approval of the rezoning request of Case Z-06-012 City of Colleyville Page 2 Printed on 5/19/2006 Location Map ld L '<\ 175' .~f'~~ >_ }f't., '?,c>>~,<".:~::, Hall , hoson R'I 4/95' 8--.0.-".~l_.L.'. . .~~~'~.'C!~.!.~"~,!::!!."I,...H.,,..~ . ..,,' . . " . ".LANDSCA~'. AICHITICT.UI. SITE PLANNING ........<,..,. ...","',.,.....".,"-.,''''',..~,~\,~-"-....__.._".....,,.....,-".",,,,,,,,,,,,,,,,,,,,,""''',''''-',~'-',-y..,,,,,,,,~,,,, ,,,,,,...,,,~,,,,,,,,,,-.',.._~~.,._>_..'...:,v-.,,;, ""''''''''''~_'_''''''-;'''''''r':'~_' .4 4 $' I . . , 0 IT' AhA K WAY . S U ITI .. 0 ,...,,,'.~;".""~r;~"~f't, 16 MAY 06 ,.:~~9~Full,r . ,11M!' '.' .' . ..t CoorGiriator ".....,,'.~...............' i~IItY()*QOWEYVILLE "I'(jo:Mail1::S..- et)l~ilt.. Tx16034 RE: z,.06-012- The Villas at OalcPointe..AG to PUOR i)MrMr. F\Iller:. '. .' . .' .' .... .... .' ". .. .. '. ..... .~;eonjUltcti()n~theabove refe'eDcJd,....tforrezcitUna, weberebY.~1O rcqu.tto .~ tJ1e.Master l'horougbfarePlanc.nlJe,CityofColfeyvitlc,q<itrelatcstoSIlt1dert . Lane. ' Currently, it shows'Sando-s' Lanij.. ......"t\Jt~..COll~typc.$~,atllrou&B..rOed.'.. conn~, Hwy. 26.with Wyatt,<..Diiveto-' ....9fthe:F~perty:in q~n, ailcItheb-:o.1 . toln~Blvd. Sanders Lane doe.sllOtc1ltre.ntlyrbtlb' this connection. . A.$. we arepl"C)~ng a ResidentialDev"~' w~ do not.(eela.throUp-rQad )~onfo fUtlndustrlaJI CODUnel',itdarea would ~benefici", A1so~ tbe<road '~s Lane is intended to cOlU\tlC1i~y.with,W~RQfd,iSJ)Qtht118~.tbana sbl~'lane8l'avel. road with an itJsuftlC~ROW for'improventent w.a COUltPtQf typ~l' ~. It istlanktdby Re$identia1~J(Ros$DoWQ$'io~~t,individ~~~9~ < \Yut);We4i~.edwithtbos~iJ,md.()~,(at1CltheRoaDo~J:lOA ~sClltati_) ,.... theh' possible Un_at in sctins W,.t08d..,.pandedt,aaweu;.....'$and.~ " .... ,". conMCtionbekl8 made. JnbothcaRlwew-acwitedtbat tb.ey,djd,:nQt:wam to.;~the ' ~iotl and eonnection made. . X.~.~ncipbors h"yercquested .no oponconnectionbe"nuadeatal1,andin '. '.' cQJ!SidCration of those teet_ts, ourplaft,includeonty an'emerpney. acce~o~. at that locaii()n. ' . Thaalcsyol.tforyou consideration in this matter. Ple.-se caU if yoUhave'any'questio~/; na$)"()u, SAGE GROllP, INC. .~14.. C\lttis W. YoU11 P~ipal 1904 Industrial 2P Lc PO Box 742346 Dallas, TX 75374 Additional Self Storage Lp 7411 Hines PI Ste 100 Dallas, TX 75235 Bass, Gary Etux Brenda 1812 Sanders Ln Colleyville, TX 76034 Broughton Ltd Partnership 8222 Douglas Ave Ste 605 Dallas, TX 75225 Geneva Realty Management 1808 Industrial Blvd Colleyville, TX 76034 Heidel, Ruth V 1712 Gatehouse Ct Colleyville, TX 76034 Jostes, Charles Scott 6300 Wyatt Dr Colleyville, TX 76034 Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville, TX 76034 McPherson, Ronny D Etux Vicky 1501 County Road 1224 Cleburne, TX 76033 New Synergy Inc 3901 Airport Fwy Ste 312 Bedford, TX 76021 1904 Industrial Ltd PO Box 742346 Dallas, TX 75374 Additional Self Storage Lp 7411 Hines PI Ste 100 Dallas, TX 75235 Anderson, Ronald H 1162 Silverlake Dr Grapevine, TX 76051 Barukei El I Ltd 6409 Colleyville Blvd Colleyville, TX 76034 Broughton Ltd Partnership 8222 Douglas Ave Ste 605 Dallas, TX 75225 Broughton Ltd Partnership 8222 Douglas Ave Ste 605 Dallas, TX 75225 Cannedy, George Etux Joy M 2428 Brasher Ln Bedford, TX 76021 Dica Properties Ltd 1812 Industrial Blvd Colleyville, TX 76034 Gore, Charles E Etux Vera =3905 Allendale St Colleyville, TX 76034 Grier, Michael R Dds PO Box 663 Grandview, TX 76050 Horn, Billy J 1500 Royal Pkwy Euless, TX 76040 Johnson, Melanie A 2003 Kyle Ct Colleyville, TX 76034 Kac Colleyville Jv 4008 Cochran Heights Ct Dallas, TX 75220 Lindley, Swift L Etux Gail T 2002 Kyle Ct Colleyville, TX 76034 Luers, Dennis R 1419 Thislewood Ln Grapevine, TX 76051 McPherson, Ronny D Etux Vicky 1501 County Road 1224 Cleburne, TX 76033 Neece, Charles 1905 Sanders Ln Colleyville, TX 76034 Neil, Keith A 2000 Reynolds Dr Colleyville, TX 76034 Pahlavan, Payman 10606 Shady Trl Ste 109 Dallas, TX 75220 Realty Capital Colleyville Sq 99 Main St Ste 200 Colleyville, TX 76034 . l"('x.'''" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: City Council Final Action: Version: 1 Requester: File Name: Community Development Department Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane Agenda Date: 05/22/06 Agenda No.: 8b Attachments: Zoning and Location Map. Future Land Use Plan Surrounding Subject Tract . Statement of Planning Objectives . Site Plan . Development Review Committee Comments . Applicant's Response. List of Property Owners Notified . Letter in Opposition to the Rezoning Request . Draft Ordinance History of Legislative File Version: Date: 1 05/22/06 Acting Body: Planning and Zoning Commission City Council City Council Action Text: 1 1 06/20106 07/05/06 Title Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane Explanation Sage Group, Inc., has submitted a request to change the zoning of 19.78 acres, located in the 1600 block of Sanders Lane. The area to be rezoned is currently zoned AG-Agricultural. The applicant is seeking a zoning change in order to develop the property for 50 single family detached lots and 25 single family attached residential town homes. The subject property consists of several parcels of land and has multiple owners. The developer has obtained the written permission of each property owner to pursue the rezoning request. The properties currently consist of single family homes and undeveloped lots. The properties are not currently platted. In order to subdivide the property as proposed by the developer, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan designates the subject property along Sanders Lane as City of Colleyville Page 1 Printed on 5/19/2006 Agenda Briefing Continued future office uses. This rezoning request for residential uses IS inconsistent with the 2004-2025 Future Land Use Plan. The developer has provided information regarding the 2004-2025 Future Land Use Plan for this area (see attached Statement of Planning Objectives). The developer states that the eastern portion of Sanders Lane lacks the exposure and adequate access from Colleyville Boulevard to support the expansion of office uses. A residential development of single family attached and detached uses would allow for a transition from the existing single family uses located to the east with the existing office uses along Colleyville Boulevard. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 75 residential units on this 19.78 acre area will produce a density of 3.7 dwelling units per acre. However, the 1998 and 2004 Colleyville Master Plans both stated that densities higher than 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles, such as a transitional area situated between commercial uses and less dense residential developments. Lot Sizes & Widths. The PUDR regulations require a minimum lot size of 13,000 square feet and a minimum lot width of 100 feet. However, there is a presumption that the minimum lot size and lot width required by the PUDR regulations are intended to apply to subdivisions platted for detached single-family developments. The applicant is proposing a combination of single family detached homes and single family attached town homes. The applicant proposes the following development regulations for the proposed lots: Sinale Familv Attached Lots Lot Size 2,700 Square Feet Lot Depth 90 Feet Lot Width 30 Feet Lot Coverage 90% Setbacks Front 5 Feet Rear 3.5 Feet Side 0 Feet Maximum Height 35 Feet Sinale Familv Detached Lots Lot Size 6,608 Square Feet Lot Depth 118 Feet Lot Width 56 Feet Lot Coverage 58% Setbacks Front 20 Feet Rear 15 Feet Side 3 & 7 Feet * City of Colleyville Page 2 Printed on 5/19/2006 Agenda Briefing Continued Side Along Street 15 Feet Maximum Height 35 Feet * (1 O-foot minimum between structures) Open Space. The PUDR regulations require a minimum of 20 percent of the development be reserved for open space for use by the residents of the development. The proposed development contains numerous open space areas, which are situated at various locations within the development. The proposed site plan for the development shows 18.5 percent of the total development as common open space. In addition to the common open space area, the developer has included an area designated as a tree preservation easement located along the western, eastern and southern boundaries of the development, which increases the net open space to 22 percent. The applicant has provided a description of the amenities that will be located in the open space, which will include sidewalks, seating areas, and ponds with fountains. The Homeowners Association (HOA) will be responsible for the maintenance of the open spaces areas. The applicant states that the purpose of the tree preservation easement is to supplement the fence buffer between the proposed and existing residential lots, as well as to ensure the protection of existing trees. The tree preservation easement will be incorporated into the rear yard of individual lots. Individual lot fences may encroach into the easement to provide lot separation. Individual lot property owners will be responsible for maintenance of the portion of the easement on their lot. The developer has indicated the property deed restrictions will prohibit the removal or damaging of healthy trees that are six (6) caliper inches or greater. Number of Subdivision Entrances. When a proposed development will contain more than twelve lots, the Land Development Code requires two entrances into a subdivision. The proposed development will contain 75 lots. Primary access to the development will be from Sanders Lane. The intersection of Sanders Lane and SH26 will be realigned with Tinker Road on the west side of SH26 when the highway is reconstructed in the near future. The developer is proposing a 30 foot emergency access right-of-way on the eastern side of the development, which will contain a 24 foot pavement section and an emergency access gate. The gate will contain the appropriate opticom gate opening equipment required by the Colleyville Fire Department to allow access in case of an emergency situation when normal access via Sanders Lane may not be possible. Master Thoroughfare Plan. The Master Thoroughfare Plan shows a future two-lane minor collector roadway extending through this proposed development. However, the proposed development does not show a street connection on the eastern side of the development. The developer is proposing an emergency access easement on the eastern side of the development to provide as a second entrance to the development. Approval of the rezoning request as proposed should be coordinated with an amendment to the Master Thoroughfare Plan, which is a separate agenda item for consideration by the Commission. Surrounding Properties. The surrounding properties consist of a variety of land uses. Properties to the south and east are developed as residential uses. The property to the west, adjacent to Colleyville Boulevard, is developed as office uses. The property to the City of Col/eyville Page 3 Printed on 5/19/2006 Agenda Briefing Continued north is developed as industrial storage uses. Development Trends. The development trends in this area have consisted primarily of single family residential uses. Tree Preservation. According to aerial photos of the site, the property is heavily wooded with a variety of species of native trees. The developer will be required to provide a tree survey of the site and prepare a tree mitigation plan at the time of lot grading. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department and determined to be consistent with the requirements of the Colleyville Land Development Code. Details of the proposed drainage system and storm water retention pond will be submitted as part of the platting process. Gated/Private Street Development. The developer has indicated the proposed development may be a gated/private street subdivision. The developer may propose to gate the development at the time of platting. If gated, and as a condition of plat approval, the developer will be required by Chapter 10 of the Land Development Code to submit the necessar HOA documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. All HOA documents will be reviewed and approved by the City Attorney to ensure conformity to applicable City policies prior to the plat being filed with the County Clerk's office. The plat document will designate the private road as a lot and a note will be provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The developer has acknowledged these requirements and has indicated that the documents will be submitted to the City at time of platting. Property Taxes. According to information available from the Tarrant Appraisal District, the 19.78-acre tract is valued at $17,396,134. The estimated City property tax revenue for the property is approximately $60,434 annually. The developer has provided an estimate of $35,000,000 total value when the project is completed, which will generate $121,590 of tax revenue for the City. Public Notification. Staff mailed notices to twenty seven (27) 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 has been received and is attached to this agenda briefing. Summary. While the proposed development is not fully compliant with the 2004-20025 Future Land Use Plan, staff feels the location of the development is ideal for residential development. The project is located between existing residential uses and existing office City of Colleyville Page 4 Printed on 5/19/2006 Agenda Briefing Continued and industrial uses. The proposed development transitions from single family attached lots near the office and industrial uses to single family detached lots near the existing single family developments. The recommendation for approval is based upon what staff feels is a good land use for the site and supportive of economic development for nearby commercial businesses. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval City of Colleyville Page 5 Printed on 5/19/2006 Zoning and Location Map D NORTH AG R-20 UD- Future Land Use Plan Surrounding Subject Tract /het V~ at- o@ PoiA1t~ c~~ T~ St~ofP~C9bjed:wfW The subject of this zoning request is an assemblage of multiple existing parcels totaling about 20 acres, located approximately 600 feet east of Colleyville Blvd., behind the .Colleyville Shopping Village" and .Kathleen's Art Cafe" additions, in the City of Colleyville, Texas. The property is located along either- side of the existing Sanders Lane, by which it gains access from Colleyville Blvd. The individual tracts are primarily under separate ownership, most of which contain older residential structures of varying degrees of condition (many poor) and some are unoccupied. Successful re-development of any of these tracts individually would be a difficult challenge, given the adjacencies. As a result, the development team has patiently worked to assemble all the tracts along Sanders Lane, with the intent to transform the area and improve the whole as a single and cohesive neighborhood of quality homes, built around a core of common open space. The adjacent existing land uses are primarily Commercial, along COlleyville Blvd. to the West and Northwest (Office, undeveloped Commercial and developed Industrial (Self- Storage)), and Residential in the neighborhoods to the East and South (individual homes and the Broughton PUD-R). The subject property lies between these potentially incompatible uses, and development as proposed would help to provide a transition between those uses. The property is currently zoned entirely as AG (Agricultural), and the only existing uses are Residential. The Future Land Use Pion, however, designates this area as .Office." We believe that the potential for development of this property as Office is low, however, primarily because the lack of exposure to, and good access from, Colleyville Blvd., the only through road in the area. Development as Residential, as proposed here, would also be a more compatible use with the adjacent existing Residential uses to the East and South. Therefore, this zoning request proposes to change the AG zoning to a Residential PUD, for the development of a Single Family Residential Community. This change to Residential uses. would allow this devaJopment to be compatible with and provide a transition between the immediately neighboring properties. The layout of the lots, roads and open space areas has been carefully crafted around the significant large trees on the property, to highlight and save as many of these valuable natural features as possible. As a result, approximately 18.5'0 of the site will be set aside as permanent open space, owned and maintained by the Villas at Oak Pointe Home Owners Assn. In addition, a 20' Tree Preservation Easement is proposed along the entire perimeter where adjacent to neighboring Residential properties, bringing the total Open Space and Tree Preservation areas to over 22'0 of the property. The scale and orientation of the development has been designed to provide for and encourage a safe and inviting walking environment, passive recreation opportunities, desirable architecture and a high quality environment compatible with the rest of Colleyville. Primary access will be from a connection with Sanders Lane, leading to the joint Tinker Roadl Sanders Lane intersection, which will be built with the upcoming TXDOT improvements to Colleyville Blvd. Supplemental access is planned to be provided by a gated access easement (emergency access only) to be built to the Sanders Lanel Wyatt Drive ROW at the Eastern boundary. This has been planned as emergency access in respect of the wishes of the owners of the neighboring properties to the Northeast, who did not wish to have through traffic connecting to and through those areas. VeNelopJ11e41t S~ The Villas at Oak Pointe is intended to be developed in a single phase, with development commencing as soon as zoning, platting and other necessary approvals are obtained. t~VeNelopJ11e41t Inform.at:'LOW The Villas at Oak Pointe will have a total of 75 homes, with an estimated average value of between $400,000 and $500,000, resulting in an overall addition of approximately $35,000,000 to the city tax base. At the current tax rate of 2.694677%, the total new taxes generated for the city, school district and county would total $ 943,137 per year, as a result of this development. , , , ~ .3 --''''~'~ i~ o~ ~ 0 ~ ~~B i ~ .. . I ~ . ~" ~~:i ~ .". H I ]~~ u " ,"00 I ~~d :. ~ ,,~ --, J " B ~ 8 5'~ I r \ ~ '" . f-oili " " iIi J I \ ~~~ ~~ ~ ;; e / I \ ::t," ~ ~ ~::g " \ I z< z< z~ - .... /' - \ I "- \ " \ ,x'; -- - ... ....j--- /' bil ~ '" A1~Ii\IW:ll.311!))1'II1$: <<11 and :8u!uoZ 8u J~Jffi-- - - - - .----....... .... " " , .... ----...... /":"1 " - --~ i ~ ... ~ ::l III 'iii, ~ ~' ~., '" ::;: i ... ... z t; z ... Ln Ln LO , .......", ro ~ ....<"l__ U -- u i ... z z j ... OGW c'"' "S tE ~':": b/lg, c=> "';::d n......:l ~ &:r-------./---......" , \ / / / / / I .... .... \ I , / \ I \ I / I / I </ ;nrr-j- n-'!t'i I " I , . III ~ I \ : I 1 ... . I ~ :I ... ~ ,,-- _/ /' " --.... / ' / ' \ \ \.. ~ rr=------- --- o CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 11,2006 TO Curtis Young FAX 972.929.1241 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-012 The Villas at Oak Pointe AG to PUDR The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a written request to amend the Master Thoroughfare Plan in conjunction with this rezoning request. The Master Thoroughfare Plan shows Sanders Lane as an open and uninterrupted roadway. The proposed lot layout and emergency access gate is not in compliance with the Master Thoroughfare Plan. 2. Provide proposed building setbacks for front, rear and side yards. 3. Provide minimum lot sizes for the attached single family and detached single family lots. 4. Provide minimum lot depths and widths for the attached single family and detached single family lots. 5. Provide the maximum lot coverage for the attached single family and detached single family lots. 6. Street names must be approved by the Fire Marshal during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 7. Will this be a gated subdivision? If so, gates must have Opticom access and knox key overrides for both Colleyville Boulevard and Milton Drive. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 8. Submit a Preliminary Drainage Analysis to determine the need for drainage facilities. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-06-012 THE VILLAS AT OAK POINTE AG TO PUDR requirements contained in Chapter 14 - Engineering Design Standards of the Land Development Code. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 9. Provide the location and construction type of any proposed perimeter fencing. 10. Provide the location and description of any proposed subdivision signs. 11. Provide a written description or plan of amenities to be included in the open space areas, including but not limited to sidewalks, gazebos and pond fountains. 12. Will individual lots incorporate the tree preservation easement area or will the rear fences be located along the tree preservation easement boundary? If the lots incorporate the easement, staff may recommend a condition of the PUDR ordinance that the homeowner's may not remove the trees within the easement area. 13. Retention ponds within the development shall include at least one aeration device per pond, to be maintained by the HOA. 14. Provide the total number of on-street parking stalls provided within the development. 15. Indicate the maximum height of the proposed PUD-R development. 16. Note that unless otherwise proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code will be applicable. 17. Indicate the ability of service vehicles, such as those for solid waste collection, to be able to negotiate the comers of the alleys shown on the site layout. Modification of the alley comers may be required at time of platting. GENERAL INFORMA liON 18. If the proposed development is gated, review the entrance gate requirements within Chapter 10 - Private Streets and Entrance Gate of the Land Development Code prior to submitting a plat application. 19. At the time of Preliminary Plat application a gated access fee will be required to defray the cost of processing the application, and maintaining City owned electronic emergency equipment. An application fee of $700 shall be paid prior to scheduling the application for public hearing. 20. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be PAGE 20F4 DEVELOPMENT REVIEW COMMITTEE Z-06-012 THE VILLAS AT OAK POINTE AG TO PUDR available for review not less than 72 hours prior to the Planning and Zoning Commission meeting date. 21. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Provide information on any special development standards requested by the developer for inclusion in the PUD-R ordinance. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. SIDEWALKS. 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. 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 arOtmd 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 [mal plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. PAGE30F4 DEVELOPMENT REVIEW COMMITTEE Z-06-012 THE VILLAS AT OAK POINTE AG TO PUDR TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City CmUlcil: Monday, May 22, 2006, 7:00 p.m. Tuesday, June 20 and July 3, 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. The above requested items must be submitted no later than noon on Wednesday, May 31, 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~i.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE40F4 MEMORANDUM Sage Group, Inc. 8445 Freeport Pkwy, Suite 660 Irving, Texas 75063 972/929-8443 Fax 972/929-1241 To: Chris Fuller, Development Coordinator CITY OF COLLEYVILLE Date: 17 MAY 06 From: Curtis Young, AlA Subject: Z-06-012- The Villas at Oak Pointe- AG to PUDR Job No.: HSO 1-00 Message: Please accept the following, in response to the questions posed by the DRC review letter: The Following Comments Require a Response from the Applicant: 1. Provide a written request to amend the Master Thoroughfare Plan in conjunction with this rezoning request. The Master Thoroughfare Plan shows Sanders Lane as an open and uninterrupted roadway. The proposed lot layout and emergency access gate is not in compliance with the Master Thoroughfare Plan. -Please see letter making the request, attached. 2. Provided proposed building setbacks for front, rear and side yards. -Attached Single Family: Front- 5 ' Rear- 3.5 ' Side- O} -Detached Single Family: Front- 20' Rear-i5' Side- 7' and 3' (10) minimum between structures) Side along street- i5' 3. Provide minimum lot sizes for the attached single family and detached single family lots. -Attached Single Family: 30' x 90' -Detached Single Family: 56' x 118' 4. Provide minimum lot depths and widths for the attached single family and detached single family lots. -Attached Single Family: Minimum lot width- 30 '; minimum lot depth- 90 '. -Detached Single Family: Minimum lot width- 56'; minimum lot depth- 118 '. 5. Provide the maximum lot coverage for the attached single family and detached single family lots. -Attached Single Family: Maximum Lot Coverage- 90% -Detached Single Family: Maximum Lot Coverage- 58% 6. Street names must be approved by the Fire Marshal during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. We will contact the Fire Marshall. 7. Will this be a gated subdivision? If so, gates must have Opticom access and knox key overrides for both Colleyville Boulevard and Milton Drive. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. At this point, we are testing the market to determine whether we will make a request for this development to be gated. If so, we understand and are prepared to meet these requirements. 8. Submit a Preliminary Drainage Analysis to determine the need for drainage facilities. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis requirements contained in Chapter 14 - Engineering Design Standards ofthe Land Development Code. Contact Robert Woods, Project Engineer, 817-503-1094, for more information. We have submitted a Preliminary Drainage Analysis to Robert Woods and he has indicated his satisfaction with our submittal. 9. Provide the location and construction type of any proposed perimeter fencing. Location type and height of all perimeter fencing has been noted on the revised Zoning Exhibit. We are proposing a 6' woodfence where adjacent to Residential properties, and a 6' Thinwall-type masonry wall where adjacent to Commercial properties. 10. Provide the location and description of any proposed subdivision signs. We are proposing a Monument Sign and Entry Feature be placed along the south side of Sanders Lane, at the project entry from the west. Location is noted on the Zoning Exhibit. 11. Provide a written description or plan of amenities to be included in the open space areas, including but not limited to sidewalks, gazebos and pond fountains. Most of the common open space areas within the project have been specifically located to save and protect as many of the existing significant trees as possible. Those trees will be preserved in a fully landscaped setting, and complimented with sidewalks, seating areas, and ponds. All ponds will have fountains. The maintenance of these common open space areas will be the responsibility of the Home Owners Association. 12. Will individual lots incorporate the tree preservation easement area or will the rear fences be located along the tree preservation easement boundary? If the lots incorporate the easement, staff may recommend a condition of the PUDR ordinance that the homeowner's may not remove the trees within the easement area. The purpose of the Tree Preservation Easements will be to supplement the fence buffer and provide for a permanent band of trees between the future homes proposed in this submittal and adjacent residential properties; including the two homes at the Northeast corner, and the (as of yet un-built) residential lots in the Broughton subdivision to the East and South. Those easements will be incorporated into the individual lots, and the rear fences will be located along the project boundary. Maintenance of these areas will be the responsibility of the individual Homeowner. However, those homeowners will be prohibited, by Deed Restriction, from removing or damaging any healthy tree within these areas, with a caliper size of 6" or greater. 13. Retention ponds within the development shall include at least one aeration device per pond, to be maintained by the HOA. We agree and will provide such devise. 14. Provide the total number of on-street parking stalls provided within the development. The total number of on-street, inset parking stall provided within the development is 29. 15. Indicate the maximum height of the proposed PUD-R development. 35' 16. Note that unless proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code will be applicable. We understand and agree. 17. Indicate the ability of service vehicles, such as those for solid waste collection, to be able to negotiate the corners of the alleys shown on the site layout. Modification of the alley corners may be required at time of platting. The design of the alleyways has been reviewed with IESI, and they have indicated it complies with the turning requirements of their trucks. MASTER PLANNING LANDSCAPE ARCHITECTURE SITE PLANNING SAGE GROUP INC 16 MAY 06 Mr. Chris Fuller Development Coordinator CITY OF COLLEYVILLE 100 Main Street Colleyville, TX 76034 RE: Z-06-012- The Villas at Oak Pointe- AG to PUDR Dear Mr. Fuller: In conjunction with the above referenced request for rezoning, we hereby also request to amend the Master Thoroughfare Plan of the City of Colleyville, as it relates to Sanders Lane. Currently, it shows Sanders Lane as a future "Collector" type street, a through road connecting Hwy. 26 with Wyatt Drive to the east of the property in question, and then on to Industrial Blvd. Sanders Lane does not currently make this connection. TEL 9 7 2 9 2 9 8 4 4 3 As we are proposing a Residential Development, we do not feel a through-road connection to an Industrial! Commercial area would be beneficial. Also, the road Sanders Lane is intended to connect directly with, Wyatt Road, is nothing more than a single lane gravel road with an insufficient ROW for improvement to a Collector type street. It is flanked by Residential uses (Ross Downs to the East, individual tracts to the West). We discussed with those land owners (and the Ross Downs HOA representatives) their possible interest in seeing Wyatt road expanded, as well as the Sanders Lane connection being made. In both cases we were advised that they did not want to see the expansion and connection made. F A X 9 7 2 9 2 9 In fact, the neighbors have requested no open connection be made at all, and in consideration of those requests, our plans include only an emergency access connection at that location. Thanks you for you consideration in this matter. Please call if you have any questions. 844S FREEPORT PARKWAY SUITE 660 IRVING. TEXAS 7S063 Additional Self Storage Lp 7411 Hines PI Ste 100 Dallas, TX 75235 Broughton Ltd Partnership 8222 Douglas Ave Ste 605 Dallas, TX 75225 Cholla Grande Inc 6301 Colleyville Blvd Colleyville, TX 76034 Heidel, Ruth V 1712 Gatehouse Ct Colleyville, TX 76034 Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville, TX 76034 Neece, Charles 1905 Sanders Ln Colleyville, TX 76034 Realty Capital Colleyville Sq 99 Main St Ste 200 Colleyville, TX 76034 Rohrs, Russel FEtal 17731 Sampson Ln Huntington Beach, CA 92647 List of Property Owners Notified Anderson, Ronald H 1162 Silverlake Dr Grapevine, TX 76051 Cannedy, George Etux Joy M 2428 Brasher Ln Bedford, TX 76021 Colleyville Square ptnrs II 99 Main St Ste 200 Colleyville, TX 76034 Jostes, Charles Scott 6300 Wyatt Dr Colleyville, TX 76034 McPherson, Ronny D Etux Vicky 1501 County Road 1224 Cleburne, TX 76033 Pmt Partners Ix Ltd 1585 Kapiolani Blvd Ste 1218 Honolulu, HI 96814 Rickman, H E Jr 1813 Sanders Ln Colleyville, TX 76034 Smith, Michelle Etvir Kim 1312 Hardisty Rd Bedford, TX 76021 Bass, Gary Etux Brenda 1812 Sanders Ln Colleyville, TX 76034 Capobianco, Ernie PO Box 211626 Bedford, TX 76095 Garabedian, Michael Etux Cindy PO Box 1038 Colleyville, TX 76034 Kac Colleyville Jv 4008 Cochran Heights Ct Dallas, TX 75220 Moore, Bobby Family Ltd prtn 6113 Colleyville Blvd Colleyville, TX 76034 Procaccino, Kevin A & K Denise 3406 Langley Hill Ln Colleyville, TX 76034 Rogers, Kirk A Etux Maria 2001 Reynolds Dr Colleyville, TX 76034 Stilson, Terrence L 1805 Sanders Ln Colleyville, TX 76034 Stowe, Jennie Lou 1612 Sanders Ln Colleyville, TX 76034 Stringer, David W 1701 Sanders Ln Colleyville, TX 76034 Texas Longevity Housing Lp PO Box 211374 Bedford, TX 76095 Ross Downs HOA Michael Muhm, President 6607 Connie Lane Colleyville, TX 76034 .......... II. "'1111'10.'."11 '" 'II" R""""IIII.Y Request , ,Gara6eilian Properties A Certlfted Master Bunder P.O. Box 1038, CoUeyville, Texas 76034-1038 \. / garabediaaproperties.com May 17,2006 Colleyville Planning & Zoning Commission Barry leBaron, Director of Planning 100 Main Street Colleyville, TX 76034 RE: Zoning Case # Z-06-012 Mr. LeBaron: As the owner of Lot 39, Block A, I am writing in opposition to the proposed rezoning of the property at 1600 Sanders Lane as currently submitted. The concern I have is that the change of use and density will put the trees that back to my current property in jeopardy. When we purchased this site, we researched the designated use for the property in question and determined it had been designated' for commercial use. That use and that use would require a landscape butTer between adjoining residential properties and the commercial structures. With a residential development of the lot size proposed by the applicant, that buffer would disappear and the trees would be removed as homes are constructed or die as the homes encroach on their root system. Any use of this property that does not preserve the natural butTer of the trees between the existing residential and the proposed development as it would have been required by the current master plan 'and the commercial zoning designations is something I disagree with. I would hope the developer could develop a plan that would allow for the natural tree buffer to remain and to be protected, maintained and cared for by a Homeowner Association. Thank you for the opportunity to submit my concerns and objection to this zoning case. Sincerely, Michael 0 Garabedian CMB GMB Garabedian Properties Metro 817-748-2669 MobUe 817-637-7245 mike@garabedianproperties.com Fax 817-749-0148 REOEIVED MAY 1:8 2006 ~ ............. ORDINANCE 0-06-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 19.78 ACRES OUT OF THE J. L. BYAS SURVEY, ABSTRACT 180, FROM THE AG-AGRICULTURAL DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by Sage Group, Inc., on May 1, 2006, under Case No. Z-06-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-06-xxxx Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 19.78 acre parcel of land situated in the J.L. Byas Survey, Abstract 180, from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for 25 single-family attached town homes and 50 single-family detached lots, constructed at a maximum density of 3.7 dwelling units per acre. b. A maximum of 75 dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family attached-homes with no more than one dwelling unit allowed per each platted lot Ordinance 0-06-xxxx Page 3 of 5 b. Single-family attached-homes with no more than one dwelling unit allowed per each platted lot c. Open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS A. Single-family attached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage h. Maximum Height 2,700 square feet 30 feet 90 feet 5 feet none 3.5 feet 90 percent 35 feet B. Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line 6,608 square feet 56 feet 118 feet 20 feet 3 and 7 feet (maintain 10 feet separation) 15 feet 15 feet 58 percent 35 feet f. Rear Building Line g. Side Building Line h. Maximum Lot Coverage i. Maximum Height 5. OPEN SPACE a. This development shall provide not less than eighteen (18.55) percent common open space, which shall generally be configured as shown on Exhibit "0". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. No more than 25 percent of the open space areas shall be utilized for storm water detention or retention. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-xxxx Page 4 of 5 6. SCREENING a. A six (6) feet in height, masonry wall shall extend along the western and a portion of the northern boundary lines of this PUDR, as shown on Exhibit liD". b. A six (6) feet in height, wooden screening fence shall extend along the southern, eastern and a portion of the northern boundary lines of this PUDR, as shown on Exhibit liD". 7. OTHER a. Retention ponds constructed in this development shall contain not less than one aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the Colleyville Engineering Department. b. An emergency access right-of-way or easement shall be provided to connect this development with Sanders Lane on the east side of the development. Said emergency access shall be gated and constructed in accordance with the requirements of the Land Development Code. The gate shall include an Opticom automatic opening system. 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 5 of 5 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 - Zoning and Location Map AG R-20 UD- PUD-R Exhibit B - Metes and Bounds Description FIELD NOTES Description for a tract of land in the J. L Byas Survey, Abstract Number 180, City of Colleyville, Tarrant County, Texas, and comprising the followlng tracts of land: that tract described in a deed to MlcheHe and Kim Snith, recorded in Volume 16398, Page 320, Deed Records, Tarrant County, T8)C8S; that tract described in a deed to Charles E. and Pauline Neece, recorded in Volume 3125, Page 326, Deed Records, Tarrant County, Texas; that tract described in a deed to Ruth V. Heidel, recorded in Volume 14630, Page 44, Deed Records, Tarrant County, texas; that tract described in a deed to Ronny D. and vicky A McPherson, recorded in Volume 13285, Page 97, Deed Records, Tarrant County, Texas; that tract described in a deed to H. E. Rickman, Jr., recorded in Volume 3152, Page 463, Deed Records, Tarrant County, Texas, that tract described in a deed to Terrance L. and Dana L stilson, recorded in Volume 6408, Page 211, Deed Records, Tarrant County, Texas; that tract described in a deed to Ronald Harold and Bobbie Jean Anderson, recorded in Volume 4729, Page 631, Deed Records, Tarrant County, Texas; that tract described in a deed to David W. Stringer, recorded in Volume 15727, Page 156, Deed Records, Tarrant County, Texas; that tract described in a deed to Jennie Lou Stowe, recorded in Volume 5193, Page 721, Deed Record" Tarrant County, Texas; that tract described In a deed to George Eledge and Joy M. Cannedy, recorded in Volume 10638, Page 1388, Deed Records, Tarrant County, Texas; that tract described In a deed to Ronny D. and VICky A McPherson, recorded in Volume 12880, Page 221, Deed Records, Tarrant County, Texas; that tract described in a deed to Gary and Brenda Bass, recorded in Volume 16245, Page 340, Deed Records, Tarrant County, Texas; and a portion of that tract described In a Right Of Way Easement to Tarrant County, recorded in Volume 1819, Page 3<46, Deed Records, Tarrant County, Texas; and being described as one (1) tract by metes and bounds as follows: BEGINNING .. . 518" ion pin fluid will cap 1IIaIIc8d, "DONDr for the occ:upIed norIheMt comer 0I..1d Byu Survey, and for the norIheat comer 0I..1d SmIh fnIct; THENCE ScQh 00 degree 28...... 21 ~ EMt. d'-fance 01198.34 _110 . 1fZ" Iron pin found will cap mafklld, "8MI" for the nodh... comer oIuld Heidel tnIct; THENCE South 00 cIosno 4111liaataa 09 -m Pat. ___ of617.64 feet to . 51... iron pia fCMld with 0Ip .lIkod, "'BcMmdary Madt" few tIJo ~ ClCIIJlIIl'of.1Iid Heidel traat; THENCE South 19...... 12...... " ___ WClIt. dila- of 262.34 feet to . '11" iron pia fGUlld with 0Ip.1IkocI, "BMr' fbr-tIJo IOIIthClIt __ of.... HDidDlInllt aacI f<<tIle .oadaeMt ClCIIJlIIl'of uid MoPIHnClllInllt.-dad ia VoIam. 132." PIIp 'TI~ THENCE South I9c1cpwa 27......11___ WClItadila-of333.'1 feetto. ,/I..... pia fouad with 0Ip mllkocl, "BMr' fwtlJo ~ _ of.... StiJIClIl traat; THENCE South 19.... 36.iautea 41.---. Weat. ___ of~.34 feet to. "'" iron pipe '-d few tIJo lOIIIIl_t __ of IlIicI StiIIoIa Inllt ad fewtlJo ICIIIIIIoMt ___ of.... Harold aacI AalIenoa traat; Metes and Bounds Description, (cont'd) 11IENCE South 19."'" 44 minute. 2O.-.cIa Wat. _w- of 11.09 foct to. ,/I" inlIl pipe ~iilr"" ----....c€~IiInIW'.Aadiaoa _............ 00nler of Lot 4R.-2-4, BbIt A.~' Aoppiq v'.... ~ lIllIlIlidiq .0...... reoonIacI m Cabiiust A. Slide 1317. Plat RIloorcI.. T__ c~. T_; THENCE North 432.91 foct to. Ifl" inlD pipe fOUDd for tho DClIIIaaIt 0ClI'IIlIlI" alLot 4R-2-1. Blook A. of uicI CoIlcyvillo Shoppinll Villap Addition; THENCE North 89 c1qp'CC1136 mimatel33 ____ WClIt. ___ of 269.9' feet to tho .ClIIIIa1IIwt 0ClI'IIlIlI" of.aid stowe tnut aacI to tho ~ OOIIICI' of Lot lit. DIook A. CoIloyvillo ~ Vm.ao AdditicJa. aooonIina to the pill -.w m Cabinet A. SIido '776. Plat RcexlI'd.. T__C~. T_; THENCE North 00 dopeo 34 minuta 33 .ClClClIl& Wat lit 189.73 feet pM.mll tho aordaoaat 0ClI'IIlIlI" of.aid Lot lit. m aU. . total _r- of 219.96 foct to tho DClItIlwwt 00I'IlCI' of.aid Stowe lnllt; THENCE South 89.... 48 minute. 13 .oooacfa EMt. diar- of 146.64 feet aIoq the aorth Iiao of.aid Stowe tnut to thc_t IiDc of Mid Elodac IIld C.-dy tnat; THENCE NORm .dia....ac of 171.21 feet to .Ifl"iron pia foaad fur tho aorth_t llClI1IOI'of uid EIocIp and Camlcdy tnat; THENCE North 89 cIqp'CCII " miDatl. l' IOlIOIICIa F.aat. diatlaac of 279.93 fact to . 112" iron pia fOUDd f<< the ICRIthwat oomcr of Lot R.I....I. BIoak I, CoIJ.eyviIIc IIIdutriaI Park, aaoordiall to the pbIt -.led ia Cabinet D, Slide 606, Plat ROClClIda, T__ Couaty. Tex.; THENCE South 89 ..,... 58 mkUe8 05 8ICOnds Eat a cIIbInce of 389.28 fINtt to a 5/f1' Iron pin found; THENCE NoIth 89 degIeea 53 minJIH 58 8ICOnda EaIt a dIlltance of 83.98 feet to a 5/f1' Iron pin found for the ecUhweIt comer of Lot 1, BIodc 1, Fair Haven EIl8t88. according to the pIlIt recorded In Cabinet A, SIde Xl73, PIlIt ~ Tarrant Comly, Texas; THENCE NoIth 89 degNes 54 minJIH 24 8ICOnda Ea8t. dIlltance of 58.85 feet lID a 5/f1' Iron pin found with yeIow cap for the northrJ8lt comer of eaId SmIh Irad; THENCE NoIth 89 degNes 58 minJIH 13 seconda EaIt a dIItInce of 262.70 feet to the POINT OF BEGINNING. _Id deecr1bed trlId ClOI1IIIInfng approxImrdeIy 19.78 acnl8 of land, of which appradhli6"ly 0.84 of an acre Is contained wIIhk'l_1d rWd-of-WIIY ......-.nt. _.....__04IZ7Al1byRaglrW.IlIIoI,RP.L8. __. _........-__Mdpulllc_ ~,..~.....dDC ""'"""1 Exhibit C -Conceptual Site Plan ;;e::' If;~:t:!,ir!lr~:/'t I; :i Jill! li!:nll~'I~ii ,It 'I: Ii .- .10, 1 '''I' 'I' .~ ~" '...' j,"i '. 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"... ..s;. 8~' ~ ~IL~ + 1\'X~'''' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: City Council File Name: Community Development Department Case Z-06-013- PUBLIC HEARING - Request for a Special Use Permit for outdoor storage on Lot 1, Block 1 of the Green Acres Addition located at 5401 Colleyville Boulevard Zoning and Location Map. List of Property Owners Notified . Development Review Committee Memo . Applicant's Response . Information and Drawings from Applicant. Draft Ordinance Agenda Date: 05/22/06 Agenda No.: 8c Final Action: Version: 1 Requester: Attachments: History of Legislative File 1 1 06/20106 07/05/06 Acting Body: Planning and Zoning Commission City Council City Council Action Text: Version: Date: 1 05/22/06 Title Case Z-06-013- PUBLIC HEARING - Request for a Special Use Permit for outdoor storage on Lot 1, Block 1 of the Green Acres Addition located at 5401 Colleyville Boulevard Explanation Request. Special Use Permit (SUP) for outside storage. Proposed Use. Enterprise Leasing of DFW has submitted an application on behalf of Libby Brady, the owner of the property, for a SUP to allow the outside storage of vehicles. Enterprise Rent-A-Car presently operates a facility in the Albertson's shopping center and proposes to relocate to an existing building at 5401 Colleyville Boulevard. Existing Conditions. There is currently a vacant building located on the western portion of the property, which is addressed as 5401 Colleyville Boulevard. Adjacent to the north, on the same lot, is an existing office building, which is addressed as 5405 Colleyville Boulevard. The building located at 5405 is not included in the SUP request. The eastern portion of the property is currently vacant. The property is located within the CC 1-Village Retail zoning district, which requires a SUP for outside storage. Location. This is a 0.64-acre parcel of property located at 5401 Colleyville Boulevard. Platting. The property is platted as Lot 1, Block 1 of the Green Acres Addition. City of Colleyville Page 1 Printed on 5/18/2006 Agenda Briefing Continued Adjacent Zoning and Development. The surrounding properties are primarily developed as commercial and nonresidential uses. Properties to the north and east are zoned CC2-Shopping Center and are developed as a bank and nonresidential uses. The properties to the south and west are zoned CC1-Village Retail and are developed as a church and nonresidential uses. Development Analysis. The applicant is proposing to use the existing building on the site for a vehicle rental business. The applicant has indicated that the maximum number of vehicles on the site, including employee vehicles, will not exceed 18. The applicant has also indicated that no vehicles will be repaired, sold or mechanically serviced on the property. The rental car business will operate from 7:30 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to noon on Saturday. All vehicle storage will be located on the east side of the property and one permanent structure, a vehicle washing bay, will be erected on the site. No additional outdoor lighting will be utilized for the property as the applicant intends to use the existing outdoor lighting. The applicant has indicated that the existing building will remain on the property. Minor, non-structural alterations will be made to the existing building, including the removal of a sliding glass door, the installation of a front locking door, new exterior paint and the addition of store front sign. The applicant has indicated that the monument sign for the site will be in compliance with the Land Development Code. Fencing and Screening. There is currently no fencing on the site. The applicant does not propose to construct any interior or perimeter fencing. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use is in compliance with the Master Plan. Development Trends. The long-term trend for this area is nonresidential development. Property in the area is generally suitable for nonresidential development. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the property if necessary. Public Notification. Staff mailed notices to nine (9) 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. At the time of the agenda briefing preparation, staff has received no letters regarding the request. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval, with the following conditions, which have been inserted into the draft ordinance: 1. The repair, mechanical servicing and sales of vehicles shall be prohibited. 2. All vehicle storage shall be located on the east side of the property. City of Colleyville Page 2 Printed on 5/18/2006 Agenda Briefing Continued 3. The maximum number of cars that may be kept on the premises during a twenty-four (24) hour period shall be 18. 4. The pavement for the parking area shall be constructed of concrete or asphalt in accordance with the Land Development Code. 5. No perimeter screening is required for the operation of a vehicle rental business. 6. A drainage analysis shall be required prior to the release of a grading permit for construction of the parking lot. 7. A site plan shall be submitted to the City of Colleyville for review and approval prior to the release of building permits for the wash bay. 8. A tree survey shall be required prior to the release of building permits for the construction of the parking lot or the wash bay, whichever is submitted first. 9. Tree protection, mitigation and preservation shall be in compliance with the Land Development Code. 10. The wash bay shall utilize a sand trap, or alternate method as approved by the City of Colleyville Building Official, to prevent pollutants from entering the sewer system. 11. Overnight parking in front of the building, adjacent to SH26, shall not be permitted. 12. Proper access shall be provided in accordance with the International Fire Code. City of Colleyville Page 3 Printed on 5/18/2006 Zoning and Location Map D NORTH AG 5301 Bojku, Afrim & Hajri Bojku 2708 Cedar Springs Ct Bedford, TX 76021 Colonial Bank 1 Commerce St Montgomery, AL 36104 Hrt Properties Of Texas Ltd 3310 W End Ave Ste 700 Nashville, TN 37203 List of Property Owners Notified Bojku, Afrim & Ruzdi 3408 Glade Creek Dr Hurst, TX 76054 Ctl Properties Lp 312 W Northwest Hwy Grapevine, TX 76051 Life Time Fitness, Inc 6442 City West Pkwy Eden Prairie, MN 55344 Brady, Libby W 5405 Colleyville Blvd Colleyville, TX 76034 First Baptist Ch Colleyville 5300 Colleyville Blvd Colleyville, TX 76034 Applicant, Enterprise Leasing of DFW 152 Bank St. Southlake, TX 76092 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX FROM May 10, 2006 STEVEN OVERGAARD 817.329.0307 Chris Fuller, Development Coordinator SUBJECT Z-06-013 Enterprise Special Use Permit The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a landscape plan for the property. Staff will recommend that landscaping for the site be in compliance with the Land Development Code. 2. Where is outdoor lighting proposed? 3. Staffmay recommend limiting automobile storage exclusively to the eastern portion of the lot. 4. Provide information regarding the preservation, removal or replacement of existing trees on the property. 5. Will boats and vehicles be repaired or sold on the premises? 6. ClarifY the maximum number of automobiles you anticipate to accommodate on the lot at once. Staff may recommend limiting the number of vehicles permitted to remain overnight on the property based on your projection. 6. Staff may recommend that no automobiles be permitted to remain overnight in the parking spaces adjacent to Colleyville Boulevard. 7. ClarifY the number of parking stalls provided for employees and customers and the number of parking stalls designated for vehicles to be rented. 100 Main street-Colleyville, Texas 76034-817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-06-013 ENTERPRISE SUP 8. Dimensions were not provided on the site plan submitted for review. Staff may recommend that all parking stalls, driving lanes and applicable development standards be in compliance with the Land Development Code and International Fire Code. 9. The Land Development Code requires sidewalks along all streets. The sidewalk along Colleyville Boulevard must be at least 5-feet wide and must be constructed prior to the issuance of a Certificate of Occupancy. 10. Provide architectural drawings, such as elevations, concept sketches or renderings depicting building improvements on the property. 11. Provide an exhibit of the proposed monument sign if it will not conform to the regulations provided in the Land Development Code. 12. Overhead utilities leading to the subject property may hinder access to the portion of the property. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. GENERAL INFORMATION 1. If the Special Use Permit request were approved, the property would be subject to the general provisions of the CC1-Village Retail district and any conditions affixed to the Special Use Permit imposed by the Planning and Zoning Commission and City Council. Detailed review for compliance with the regulations will take place during the site plan/landscape plan and permitting phases ofthe project. 2. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be available for review not less than 72 hours prior to the Planning and Zoning Commission meeting date. 3. The Land Development Code requires sidewalks along all public streets. A sidewalk is required on Colleyville Boulevard. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 5-feet wide. OTHER INFORMATION IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 ofthe Land Development Code. ROADWAY Fee is based on specific use of the property. Details are available in Chapter 13 of the Land Development Code. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-06-013 ENTERPRISE SUP SEWER $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 SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. The sidewalk along Colleyville Boulevard must be at least 5-feet wide and must be constructed prior to the issuance of a Certificate of Occupancy. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, May 22, 2006, 7:00 p.m. Tuesday, June 20 and July 3, 2006, 7:30 p.m. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. The above requested items must be submitted no later than noon on Wednesday, May 17,2006, in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. I c: DEVELOPMENT REVIEW COMMITTEE PAGE30F3 Applicant's Response Subject: Z-06-013 Enterprise Special Use Permit May 15, 2006 Colleyville Development Review Committee, Enterprise Rent-A-Car is excited about the potential relocation of our Colleyville location to better serve our customers. Below are the responses to the comments from our special use permit submittal. I. Enterprise Rent-A-Car will adhere to a landscape plan that will meet requirements with the Land Development Code for the building we are occupying. 2. No additional outdoor lighting will be added. 3. Automobile storage will be kept to a minimal. We currently operate with three parking spots in front of the suite at Albertson's shopping center. Current over flow parking is accommodated towards Colleyville Blvd. Moving cars to the eastern most section of the back parking lot will not be an issue. 4. Enterprise Rent-A-Car will be conscious about conserving trees on the premises. 5. No boats or vehicles will be serviced, repaired or sold on the premises. 6. Enterprise Rent-A-Car's fleet consists of vehicles that are well maintained and low mileage. Parking in front of the building during overnight hours, since the parking spots are limited anyway, should not be a problem. Anticipated number ofvehicles on the premises will be around ten to fifteen including our employees cars. 7. Our employees will take up four to five parking stalls; and most of our customers are picked up from local shops and residences and ride back to the office with our employee. On an average day we will have one to three customers arrive in their own cars. We do not allow customers to leave their cars on our premises while they rent one so we encourage the use of our free pick up service. We like to keep ten open spaces for the rental process whether it is a car ready to be rented or for one to come back in from being rented. Our office averages 90% occupancy and we move cars from location to location to maintain these occupancy numbers. 8. Enterprise Rent-A-Car would like to recommend the parking stalls to be eight feet wide with all other dimensions in compliance with the Land Development Code and International Fire Code. 9. With the future expansion ofColleyville Blvd. we would like the sidewalk construction to wait until the expansion has taken place, and not as a contingency for the Certificate of Occupancy. 10. Exterior elevations will remain the same for the building. II. Enterprise Rent-A-Car will build the monument sign to the regulations provided in the Land Development Code. 12. Enterprise Rent-A-Car and its contractors will verify overhead utilities prior to construction. Sincerely, Steven Overgaard Regional Operation Manager Enterprise Leasing ofDFW, a Texas Corporation - . .... r Information and Drawings from Applicant April 29, 2006 City of Colleyville, Enterprise Rent-a-Car is excited about the vacant 1250 square foot building and property located at 5401 Colleyville Boulevard. Enterprise Rent-A-Car will be relocating our current office located less than one mile west in the Albertson's shopping center. Our operation hours will remain the same; from 7:30am until 6:00pm Monday through Friday and from 9am until noon on Saturday. Enterprise Rent-A-Car will have around ten cars in the parking lot at anyone time. We will keep the three parking spots in front of the building and expand the rear parking to 18 parking spaces. The rear parking will include a wash bay that will be complete with a sand trap to recover all water used in washing the cars. A carport with a hard roofwill be constructed over the sand trap to keep rain water out of the underground sand trap. Our entrance will remain the same as the property comes with and we do not plan on putting up any fence to protect our inventory of cars. The rear parking lot will be poured within local codes for parking. Enterprise Rent-A- Car will not sell or service vehicles at this site. The exterior of the building is to remain as it appears today with the exception of removing a sliding glass door and replacing with storefront locking door. The building will be painted a light gray and we will place an illuminated sign above the store front facing Colleyville Boulevard within Colleyville city codes. Any questions please call me at the following numbers: (817)829-3799 cell (817)329-1112 x127 office t n Overgaard Operations Manager Enterprise Rent-a-Car '~, ''---...'" li' iJ ' ;" . r '1& ' . t:-' -r ' "0-"'- '", -- '" ..... ....~-_. ""- , .J~'fl'i. , , ...'- ~ ~\ , . 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L .,-. ...;....,'c.. .f.,f _~'':'.L't:7 _ .... _ ,,...:..... _~.1" .". . - ' f -., -J-'" - & _ _ ~ -c _ /fC../""::"- .f.... e _~ ,,".,. 'cI~. ~)" t'~ c: ._ '~..,~ '- ~: ~r~- "'LL~~ -- , . . , -(.. ~,J-,i.. - _, _~. f~ -,- ..,.' -. . ,,:--.,(.. -'- ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW OUTSIDE STORAGE OF VEHICLES ON 0.64 ACRES OF LOT 1, BLOCK 1, GREEN ACRES ADDITION LOCATED AT 5401 COLLEYVILLE BOULEVARD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Enterprise Leasing of DFW on May 1, 2006, under Case No. Z-06-013; 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 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow outside storage of vehicles on the premises on an 0.64 acre property of Lot 1, Block 1 of the Green Acres Addition, located at 5401 Colleyville Boulevard, as shown on the attached zoning location map attached as Exhibit "A". The site layout shall be generally consistent with the attached Exhibit "B". The Special Use Permit shall be subject to the following conditions: 1. The repair, mechanical servicing and sales of vehicles shall be prohibited. 2. All vehicle storage shall be located on the east side of the property. 3. The maximum number of cars that may be kept on the premises during a twenty-four (24) hour period shall be 18. 4. The pavement for the parking area shall be constructed of concrete or asphalt in accordance with the Land Development Code. 5. No perimeter screening is required for the operation of a vehicle rental business. 6. A drainage analysis shall be required prior to the release of a grading permit for construction of the parking lot. 7. A site plan shall be submitted to the City of Colleyville for review and approval prior to the release of building permits for the wash bay. 8. A tree survey shall be required prior to the release of building permits for the construction of the parking lot or the wash bay, whichever is submitted first. 9. Tree protection, mitigation and preservation shall be in compliance with the Land Development Code. 10. The wash bay shall utilize a sand trap, or alternate method as approved by the City of Colleyville Building Official, to prevent pollutants from entering the sewer system. 11. Overnight parking in front of the building, adjacent to SH26, shall not be permitted. 12. Proper access shall be provided in accordance with the International Fire Code. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-06-xxxx Page 3 of 4 THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Ordinance 0-06-xxxx Page 4 of 4 Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING AND LOCATION MAP CHUR 1007 1109 AG AG 5301 EXHIBIT B - SITE LAYOUT . !.- '..f .." '7 ..0.....- a -'" .r -- ;; B -,. ~ " - ,e:."" -' r ~\ f.. "t' , s- o , "",- till> i 0 iP !---" i J " - " ~ ~.~f.._",,- -' ....... '" ~ .~.c: ';"f_ ~ #Ov _ ~"'_<'-J;.' . ;':.,' - '>~ /" ",\' '-~, ,\~' ; If.. .', '0 - :~~~, ...,..' ~ .-< ~1--' ~...4":' r'.. .,... ! "t.~ ,. , .. ~. ~ p.~' tt~t,) r- .J 'l).. , .! "..... " { < ~ ~ ~,1 r, ~ ", (: .... t -: ~ " . . ~ \ .4. "'" 001 .' ) ~ " . I ' .. ,_. ,-'........rJ.-- '<t: . .'-"', <ii' '" . .' II ,,,,.c.. .:4 ,~~'... . ... c: ~;. l'h L"r L5 not located in a F.;deral J.y 1e'lnated FLOOdPlain Area. , {!4Mtf/I.IAT/OA/ h~L.IM/.vA.lY hAAl ~Io/II riAl~L A~r (>f LorI J!t.Dt=K. I t:,,i€.E.A.I ~c~ ~J "'''~/T/O Ai