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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/10/2006 City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 10, 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 Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Bartkowski 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES June 26, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Case P-06-032 - Approval of a Preliminary Plat of Lots 1-9, Block 1 of the Chanel's Court Addition on 5.39 acres located at 209 and 301 Bandit Trail 7b Case P-06-035 - Final Plat of Lot 7, Block 1 of the Heritage Office Parc Addition on 2.1 acres located at 5205 Heritage Avenue City of Cotleyville Page 1 Printed on 7/612006 Planning and Zoning Commission Meeting Agenda July 10, 2006 8. PUBLIC HEARING AGENDA ITEMS 8a Case P-06-033 - PUBLIC HEARING -Approval of a Final plat on Lots 1 Rand 2R, Block 23 of the Highland Acres Addition and Tract 1G1, Abstract 206 of the BBB & C RR Survey being a replat of Lots 1 and 2, Block 23 of the Highland Acres Addition located at 405 and 409 Timberline Drive South 8b Case P-06-034 - PUBLIC HEARING - Approval of a Final Plat of Lot 1 R and 1 R 1, Block 1 of the Starbucks Addition being a Replat of Lot 1, Block 1 of the Starbucks Addition located at 5510 Colleyville Boulevard 8e Case Z-06-018- PUBLIC HEARING - Request for a zoning change from AG-Agricultural to CN-Neighborhood Commercial on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard 9. TABLED AGENDA ITEMS 9a 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 9b Case Z-06-016- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition 1 o. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT: Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 7/6/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Minutes - Draft Monday, June 26,2006 7:30 PM City Council Chambers Planninq and ZoninQ Commission Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:30 P.M. 1. CALL TO ORDER Chairman Byerly called the meeting to order at 7:55 P.M. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly Absent: Thomas Bartkowski 3. INVOCATION The invoation was given by Commissioner Taylor 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Blassingame made correction in the 4th paragraph on page 11, to change "appeals" to "appease", Commissioner Duffy made correction on page 11, to remove the same motion noted twice. On page 3, 5th paragraph, change the second "only" to "one", Commissioner Dudziak made correction on page 10, 3rd paragraph from "Commissioner Dudziak questioned if the open space includes the easement? Chris Fuller replied the tree preservation easement increases the open space to 22 percent" to "Commissioner Dudziak questioned if the open space includes the easement? Chris Fuller replied the open space is 18.5 percent if the tree preservation area is not included, with the tree preservation area, the open space increases to 22 percent. " Commissioner Dudziak moved to approve the June 12, 2006 meeting minutes with corrections. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly Absent: 1 - Bartkowski City of Cotleyville Page 1 Printed on 7/5/2006 Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 8. PUBLIC HEARING AGENDA ITEMS 8a Case P-06-031- PUBLIC HEARING - Final plat of Lots 29R-1 and 29R-2, Block 1 of the Wescoat Place Addition being a replat of Lot 29-R, Block 1 of the Wescoat Place Addition Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:05 PM. There being no one wishing to speak, the public hearing was closed at 8:05 PM. Commissioner Duffy moved to approve case P-06-031. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly Absent: 1 - Bartkowski 8b Case Z-06-016- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly questioned staff for clarity if those lots will face LD Lockett? Chris Fuller replied the facing of those homes can be determined at the time the building permits are issued. They could face the interior street or LD Lockett. Commissioner Duffy questioned staff regarding if the developer has come in to discuss the drainage and where will the overflow be received? He stated seeing lots of concrete and contours, but no plan for drainage. City Engineer Robert Woods replied the developer has talked with us briefly, however, the applicant may be able to give more information, Commissioner Byerly opened the public hearing at 8: 1 0 PM. Dan Bryson, partner with the owner of the development, came forward to present the case and answer any questions the Commissioners had, He stated having met with the Emerald Park Homeowners Association's concerns, Philip Robbins, 5907 Crescent Lane, stated he appreciated the fact that the developer has worked with the neighbors, He stated having concerns with the plan changing from what is being presented tonight. David Ray, 5909 Sterling Drive, he stated he met with the developer and saw the new City of Colleyville Page 2 Printed on 7/5/2006 Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 layout. He stated the developers did listen, however, how can we be sure that the plan will not change? He stated he would prefer a Planned Unit Development Residential so that the plan could be final. He stated he would support the development as long as the plan submitted was followed, but not if it changes, Marty Stajduhar, owner of 816 W. LD Lockett, had hoped for a transitional zone, he stated liking the R20 or R30 development. He stated wanting the developers and builders to be held accountable for what is promised, Ken Damron, 5830 Crescent Lane, within 200 feet of the proposed subdivision, stated he has met with the developer and feels confident in these people, He stated supporting this idea, if the plat will stay as submitted, There being no one wishing to speak, the public hearing was closed at 8:20 PM. Commissioner Byerly questioned staff regarding if the developer should come forth with a prelimianry plat to be able to stick with the plan as submitted, other than changing to a PUD? Chris Fuller replied that being the only option, Commissioner Duffy questioned staff if the homes would have to sprinkled because of the fire access? Barry LeBaron replied this being too early to detemine that, staff has not looked at it from a technical stand point, that is a platting issue. Commissioner Duffy questioned staff for clarity, if the residential buffer is Emerald Park on LD Lockett? Barry LeBaron stated the term trasition, as described in the Master Plan, is any area between R20, half acre lot, with a density of 1,8 units per acre, as recommeded, anything higher than that would be considered a transitional area, as Emerald Park. Commissioner Byerly questioned Mr, Stajduhar, for clarity, if he does not want the transition area from his lot to smaller lot sizes? Mr, Stajduhar replied the R20 is fine, stick to that, but do not make the lots any smaller, Commissioner Duffy stated to Mr. Stajduhar that there is no way we can hold this developer to the drawing presented, becasue it is straight zoning, Mr, Stajduhar replied he did understand that and like some of the other neighbors here tonight, they want, some way, to be able to hold the developer accountable for the plan as submitted. Commissioner Taylor questioned Mr, Bryson if he is part of the development group that owns the land to the east? Mr. Bryson replied yes, Commissioner Taylor questioned Mr. Bryson if he intends to develop this as one piece? Mr, Bryson replied yes, just as shown on the plan. Commissioner Taylor questioned Mr, Bryson if he has bought any other land in this area? Mr, Bryson replied he only owns the 20.15 acres. Commisisoner Taylor questioned Mr, Bryson if he intends to buy any more property? Mr, Bryson replied no, we have enough land, Commissioner Byerly questioned Mr, Bryson, if the Commission tables this case, could he then bring forth a preliminary plat to be able to stick to this design? Mr. Bryson replied yes, he could bring forth a preliminary plat, he has no intention on doing anything other than what is being presented, Commissioner Dudziak questioned Mr. Bryson, if he did bring forth a PUD, are there any plans to put in a fancy entry way to this development on both ends? Mr, Bryson replied they are planning an elaborate entry way, however, he stated not having the plans all put together yet. He stated not being aware that those were required for the zoning process. Commissioner Dudziak stated the plans were not required as part of zoning. Commissioner Byerly stated he would support this, but only if a preliminary plat is Page 3 Printed on 7/5/2006 City of Cotleyville Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 brought forth at the same time as zoning. Commissioner Byerly questioned Mr. Bryson how long would it take to bring forth a preliminary plat to staff? Mr, Bryson replied about 2 weeks, Commissioner Dudziak questioned Mr. Bryson for clarity if the plat would be ready for staff in two weeks or for the Commission? Mr. Bryson replied to staff in two weeks. Barry LeBaron stated it would go on the July 24th agenda. Commissioner Dudziak questioned Mr. Bryson if he could wait that long? Mr, Bryson replied it will cost him more money. Commissioner Byerly moved to table case Z-06-016 and continue this item at the July 24, 2006 meeting. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly Absent: 1 - Bartkowski 9. TABLED AGENDA ITEMS 9a 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 Commissioner Byerly recused himself from this item and Commissioner Duffy took over as Chair. Commissioner Taylor moved to remove case G-06-015 from the table. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 5 - MeCormick, Dudziak, Taylor, Blassingame, Duffy Absent: 1 - Bartkowski Abstain: 1 - Byerly Case G-06-015 was heard with case Z-06-012. 9b 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 Commissioner Byerly recused himself from this agenda item and Commissioner Duffy took over as Chair. Commissioner Blassingame moved to remove case Z-06-012 from the table. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Taylor, Blassingame, Duffy Absent: 1 - Bartkowski Abstain: 1 - Byerly City of Col/eyville Page 4 Printed on 7/5/2006 Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 Commissioner Duffy opened the public hearing on both cases G-06-015 and Z -06-012 at 8:33 p,m. Chris Fuller updated the Commissioners regarding this agenda item regarding two letters being recended from opposition pending the requested changes that the applicant has agreed. Those changes will be reflected in the ordinance, Curtis Young, with Sage Group, the developer, came forth to brief the Commissioners and present the rezoning request. Jeff Avery, the builder, came forth to brief the Commissioners and present the rezoning request. Keith Neill, 2000 Reynolds Drive, concerned with making Wyatt Drive a two lane road, what purpose would making that road into a two lane road in an industrial area serve? Commissioner Duffy stated Wyatt Drive will not be effected by this development. Mr. Neill stated being opposed to changing Wyatt Drive to a two lane road, Paul Johnson, 6403 Meade Drive, stated being in support of residential, but not in support to changing Wyatt Drive into a two road, Nancy Johnson, 6403 Meade Drive, stated being in favor of this proposal, good use for this land. She stated being concerned with what will happen to Wyatt Drive, doing anything more with Wyatt Drive will increase the traffic. Commissioner Duffy questioned staff regarding what will be done with Wyatt Drive? Barry LeBaron replied in the future, the city would like to see Wyatt Drive, Sanders Lane and Industrial a 75 foot right of way. Meaning, as properties develop along that route, additional right of way would be added to create a minor collector street, a wide paving section. With the widening of SH26, there would be a traffic light at Sanders and Tinker. Wyatt Drive was at one time being considered to be done away with, however, the residents of Ross Downs did not want it to be removed, The proposed zoning case would not allow Sanders to be an open loop, Traffic would function just like it does now on Sanders. Michele Valdez, 6503 Meade Drive, a Ross Downs resident, stated having concerns with the traffic and stated this development is something that Colleyville needs. She stated fully supporting this plan, Her husband, Gary Kennedy had to leave, but he would have spoken in favor of this rezoning request. Robert Flynn, 7005 Whipperwill Court, stated being in favor of this project, this is an ideal place for this use, stated being in full support for this project. Scott Jostes, 6300 Wyatt Drive, spoke in regards to 9a first, there is heavy traffic cutting through from Broughton, He stated in 2001, there should have been an emergency access gate installed, but to now, has not. In regards to 9b, this would be a good use for this land, He stated the project being very well planned and he stated he would like to see this project voted upon tonight. Dave McCormack, 6407 Meade Drive, spoke in favor of the residential proposal but spoke in opposition to the changing of Wyatt Drive. There being no one wishing to speak, the public hearing was closed at 9:20 PM Commissioner Duffy questioned Mr. Young regarding if the proposed streets are going to be gated? Will all of the streets be to city specs? Mr, Young replied yes, the streets Page 5 Printed on 7/5/2006 City of Colleyville Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 will be constructed to city specs, As far as the gating of the development, he stated they will be looking at that during the platting stages, Commissioner Taylor stated liking the changes which have satisfied a lot of her questions, Commissioner Dudziak stated liking the changes, yet still having questions regarding commercial use for this property. He questioned Mr, A very regarding, if commercial was ever considered for this property since it is zoned commercial? Mr. A very stated he originally wanted to put his personal home at the end of Sanders Lane, however, found out at great detail, the property was master planned to be commercial, He stated he then built in Riverwalk because the property on Sanders was not going to be easily converted to residential. He stated the best use of the property is residential and to be able to control the whole piece by developing into residential, commercial would not work on these properties. Commissioner Dudziak questioned Mr. Avery regarding the commercial liability, did you consider the SH26 redevelopment and how that would effect the commercial? Mr. A very stated discussing with other property owners that this would not be a prime commercial piece because it did not front Colleyville Boulevard, it would always be hidden and it would be a disadvantage to commercial, Commissioner Dudziak stated understanding the exposure on SH26, but still having a concern, that in the long term, this is still a commercial piece of property. Mr. Avery stated this not a viable piece of commercial property, but because he can not see in the future, it is an unknown. Commissioner Taylor questioned Mr. Avery, in the long term, could you see purchasing the property fronting on Colleyville Boulevard to make office buildings? Mr. Avery stated inquiring about the properties, but he would have to investigate that at some point possibly. Commissioner Blassingame moved to approve case Z-06-012 with the recommendations made by Mr. Bagwell and accepted by the developer. Commissioner Taylor seconded, The motion failed by the following vote: Aye: 3 - Taylor, Blassingame, Duffy Nay: 2 - McCormick, Dudziak Absent: 1 - Bartkowski Abstain: 1 - Byerly The motion failed due to lack of four affirmative votes, Commissioner McCormick commented wanting larger lots, bigger homes with less density, which would be more in line with the Master Plan, He stated not supporting this project in the middle of town, Commissioner Dudziak commented he still anticipates changes for this corridor and stated not wanting to eliminate this as a commercial site, Discussion was held between staff and Commissioners regarding what the possibilities might be to hold a special meeting before the next regular scheduled meeting to get the needed votes for either approval or denial, Mr, Young made comments to the Commissioner's questions regarding the viability for this property. He stated this will not be prime commercial property and it will not stay undeveloped. It will either be a high quality development like presented tonight or it will City of Colleyville Page 6 Printed on 7/5/2006 Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 be piece milled, Mr. A very commented that if this were to go commercial, the citizens in Broughton will not support it. Commissioner Dudziak stated the Ross Downs residents, as well as I, use Wyatt Drive as a cut through to get to Ross Downs, He stated this is for future Council members and Commissioners to make this decision as to whether or not this is to be commercial, The Master Plan was approved and commercial is what the Master Plan suggests. He stated he respects the presented project but still thinks commercial will be there as the Master Plan pledges, Mr. A very questioned Commissioner McCormick if the residential use if what he sees for this area? Commissioner McCormick replied the residential use is good for this land, but not at this density. Commissioner Blassingame questioned staff if a meeting outside of the normal scheduled meetings is possible? Barry LeBaron replied a special meeting can be held. City Attorney Matthew Boyle stated a special meeting can be called at the request of the Chair, Commissioner McCormick made motion to deny case Z-06-012, The motion failed for lack of second. Commissioner Duffy adjourned the meeting at 10:00 PM Commissioner Duffy called the meeting back to order at 10:05 PM. Commissioner Duffy moved to approve case G-06-015. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Taylor, Blassingame, Duffy Absent: 1 - Bartkowski Abstain: 1 - Byerly Commissioner Blassingame moved to table case Z-06-012 until a special meeting ean be called by the Chair. Commissioner Taylor seeonded. The motion carried by the following vote: Aye: 4 - Dudziak, Taylor, Blassingame, Duffy Nay: 1 - McCormick Absent: 1 - Bartkowski Abstain: 1 - Byerly ge Case G-06-017 - PUBLIC HEARING - Request by Grapevine-Colleyville Independent School District for a waiver request of the tree mitigation requirements in the Land Development Code for Colleyville Elementary School, located in the 5900 block of Pleasant Run Road City of Colleyville Page 7 Printed on 7/5/2006 Planning and Zoning Commission Meeting Minutes - Draft June 26, 2006 This item was removed from the applicant as stated in the letter dated June 21, 2006 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron told the Commissioners that the last item has been removed from the agenda per the applicant's request. They are going to be submitting a new landscaping plan. Commissioner Blassingame questioned staff if Commissioner Duffy would have to call the special meeting since Commissioner Byerly recused himself from item 9b? Attorney Boyle replied Commissioner Duffy will be acting as the chair and will call the meeting. 11. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Byerly commented that the public hearing items are listed on the notice as public hearings, yet the public hearing was not reopened. Attorney Boyle replied we will be working on adjusting the manner the agendas are posted in the future, 12. ADJOURNMENT: The commission adjourned the meeting at 10:11 PM by acelamation. Amy Shelley, Planning and Zoning Assistant Page 8 Printed on 7/5/2006 City of Colleyville ,'r":::'::~~;"" ,." ">~?-rr:' ,~.. ~A.~:.~~,!:l. : . j~:~.w~e~ ".. '. -...... y~;;;~:; 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: 07/10/06 Requester: Community ~genda No.: 7a Final Action: Development Department File Name: Case P-06-032 - Approval of a Preliminary Plat of Lots 1-9, Block 1 of the Chanel's Court Addition on 5.39 acres located at 209 and 301 Bandit Trail ~ttachments: Location and Zoning Map. Development Review Committee Memo · Applicant's Response Dated July 6, 2006. Plat History of Legislative File Version: Date: Acting Body: 1 07/10/06 Planning and Zoning Commission Title Case P-06-032 - Approval of a Preliminary Plat of Lots 1-9, Block 1 of the Chanel's Court Addition on 5.39 acres located at 209 and 301 Bandit Trail Explanation STAFF REVIEW COMMENTS Keith Kithsiri is the potential developer of a 5.39-acre parcel of property located on the south side of Bandit Trail, east of Vanguard Court. The developer has submitted a Preliminary Plat to divide the property into eleven (11) lots for the construction of nine (9) new single-family residences and two (2) open space lots. Zoning. The proposed lots are located in a R20-Single Family Residential zoning district. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The proposed lots meet the lot development requirements of the R20 zoning district. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalk along Bandit Trail must be five (5) feet in width and constructed as part of the public improvements to the property. Interior sidewalks must be four (4) feet in width and constructed as part of the public improvements to the property. city of Colleyville Page 1 Printed on 7/612006 Agenda Briefing Continued Drainage. This project provides two open space lots adjacent to Bandit Trail that will contain detention ponds. A drainage analysis for the development has been reviewed by the Engineering Department. Perimeter Street Improvement Requirements. Perimeter street improvements are required since Bandit Trail is considered an unimproved street and the plat contains more than one residential lot. The developer is dedicating additional right-of-way along Bandit Trail and is required to construct a portion of the street to current standards or escrow a cash equivalent, as determined by the Engineering Department. The perimeter street improvement fee is based on the projected roadway impact of the proposed development and the amount of frontage along a public roadway. This development has a total of approximately 450 feet of frontage along Pleasant Run Road. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for new structures on newly platted lots. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerks Office. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided a tree survey that located existing trees on the property. Trees not located within the right-of-way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all preserved trees located outside the right-of-way. 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, Summary. The applicant has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/612006 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX NO FROM June 28, 2006 Keith Kithsiri 817.893.0033 Chris Fuller, Development Coordinator SUBJECT P-06-032 Bandit Trail preliminary plat The Colleyville Development Review Committee (DRe) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a note on the plat defining a "Tree Preservation Easement." 2. Provide distances from the property line to the front building line on Lots 4 and 6. 3. The preliminary utility and drainage plans are available to be picked up for review. Contact Robert Woods, 817.503.1094, Engineering Department, 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 the newly created lots since Bandit Trail is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency servIces. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the plat,. As new vacant lots would be created by the plat, the payment of parkland dedication fees is required for this development. The fee for single-family residential development is $1,802 per new lot. 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-032 BANDIT TRAIL SIDEWALKS. The Land Development Code requires sidewalks on Bandit Trail and interior streets. The sidewalk on Bandit Trail must be five (5) feet in width and constructed as part of the public improvements to the property. Interior sidewalks must be four (4) feet in width and constructed as part of the public improvements to the property. TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site 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. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building pennit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. SEWER Not applicable for lot with existing house on property. $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $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 ROADWAY WATER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 10,2006, 7:00 p.m. Tuesday, August 1,2006,7:30 p.m. Please submit the following to our offices: . A written letter stating that each 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, July 5, 2006, in order to make the scheduled hearings. Please contact me at fullerc<mci.colleyville.tx,us or 817.503.1054 if you have any questions. PAGE20F2 KELLIE ENGINEERING, INC. July 6, 2006 Chris Fuller Community Development Department City ofColleyville 100 Main Street Col1eyville, TIC 76034 Fax: 817...503-1059 Re: P-06-032 Bandit Trail - Preliminary Plat Comments Dear Chris: I am writing in response to the<commentsreceived from the Development Review Committee on the preliminary plat, Case No. P-06-032, for the Bandit Trail subdivision. Revisions to the Plans: 1. Note defining "Tree Preservation Ea.<;ement" added to the Preliminary Plat. 2. Distances to the front buildil1g lineaqded to Lots 4 and 6. 3. Prelimil1ary Drainage and Utility Plans comments from City of Colleyville' s Engineering Department incorporated into revised plat and plans. Development Comments: L Additional fire protection! police requirements may be required at the time of submittal of COl1struction plans. The developer, Vision Southwest, L.P. (VSW), acknowledges comment. 2. Perimeter Street Improvement fees will be due at the time of approval of the plat. The developer, Vision Southwest, L.P. (VS"W), acknowledges comment and will pay lee at time of plat approval. 3, Parkland Dedication fees will be due at the time of approval of the plat. The developer, Vi.~i()n Southwest, L.P. (VS"W), acknowledges comment and will pay fee at lime (>.f plat approval. 200 Rufe Snow Drive North, Suite 120, Keller. TX 76248 Tel: 817.379.1225 Fax: 817.379.1244 CONSULTING CIVIL ENGINEERS. PLANNING. DESIGN r I ~~ f: R : N t~; ; ~( Chris Fuller July 6, 2006 Page 20f2 KJ; L ~lE 4. A 5' sidewalk will be required along Bandit Trail and 4' sidewalks will he required along the interior street. The developer, Vision Southwest, L.P. (VSW), acknowledges comment, Developer will install sidewalk along Bandit Traitwith subdivision construction (this will be included in Construction Plans). Builders will install interior sidewalks with each home, 5. Tree Preservation, The developer, Vision Southwest, L.P. (VSW), acknowledges comment. Treepreservation fencing and notes will be includedthe subdivision plans and the individual home builders will be notified of their responsibilities under the City'S Tree Preservation Ordinance. 6. Roadway, Water, and Sewer Impact Fees. The developer, VisionSouthwest, L.P. (VSW), acknowledges comment. Actualfees may vary. Fees will be paid at the timeafbuilding permit application. If you have any questions, please do not hesitate to calL Sincerely, KeUieEngineering, Inc. Q PJ/~ Edward T. KeHie, P.E. cc: Keith Kithsiri, Vision Southwest LP ~..v < o z ~ ~ 0' iO')> ~:o <!:!: ~ '" 11 0 9 ~'i-M <>>.~..~';t[t: ~~.ii~~I~ I ~ ,~.iD<<tlt _ ..l~, r~j 0' ~ \l:O ~ Q'i~ x.. 0 0 ~ 3 '2 i:::ei~golm, "'";':S.l:!~a 1;;:> (" ." . : ~~?~-~! ~..~i(J)~::1 Q;..g ~j(.: 3 ~:f! 2 ~~I '.", lim iil'"' IiI'"' ~I;;; ~~~~8 c.~!~i? ~;;~~;;; ~,~~ i 1:01 ~ Q Z & ;;T -----_. gt: .,.. <.;'f;.. :if ,~ : ~ r: fJ ' t : $ J, ~i '. ,; Ii if I! <, ~ r H I, Ii l~ t"!~ l. Ii '. .' l' ! -to' f $' 1: i ..., !l " !, , I, .: ! i; f l, , } !: f 3i ! ~ t , i > . ! . I i i t i . I ~ ! i ! , ! ; . <- c !< '" 8 0- >0 ~ %~)>~ ~~:~.~~. ~ g, ,',O~O." ..n ,"I~,,",,'.,'.'~.., .: ~",,: :z; 2,:ZZ;V =< P(j)....m . 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((J~~~~~[J~e1 City of Colleyville Agenda Briefi n9 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: Agenda Date: 07/10/06 Requester: Community A.genda No.: 7b Final Action: Development Department File Name: Case P-06-035 - Final Plat of Lot 7, Block 1 of the Heritage Office Pare Addition on 2.1 acres located at 5205 Heritage Avenue A.ttachments: Location and Zoning Map. Development Review Committee Memo . Applicant's Response Dated June 28, 2006. Plat History of Legislative File Version: Date: Acting Body: 1 07/10/06 Planning and Zoning Commission Title Case P-06-035 - Final Plat of Lot 7, Block 1 of the Heritage Office Parc Addition on 2.1 acres located at 5205 Heritage Avenue Explanation STAFF REVIEW COMMENTS Jeffrey Bullard, the owner of the subject property, has submitted a final plat for 2,1 acres located near the northeast corner of the intersection of Heritage Avenue and Gateway Drive, The plat consists of one (1) commercial lot. The applicant has submitted the plat for review and consideration by the Planning and Zoning Commission. 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. The lot exceeds the lot development standards for the CC2 zoning district. Sidewalks and Trails. This development is not required to construct a sidewalk along Heritage Avenue as there is an existing sidewalk adjacent to the subject property, The developer will be responsible for replacing and/or repairing the sidewalk, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy city of Colleyville Page 1 Printed on 7/6/2006 Agenda Briefing Continued for new buildings on the site. Drainage. No public drainage improvements are required for this development. However, a site drainage study shall be required prior to the issuance of any building permits. 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. Tree Survey and Replacement Requirements. Aerial photos show a small gathering of trees located along the east property line of the site. A tree survey will be required prior to the approval of a lot clearing and grading permit. A tree replacement plan will be required for the removal of these trees unless they are located within a building pad-site, which is 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. Summary. The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/6/2006 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX NO FROM June 27,2006 Jason Rawlings 817.282.0401 Chris Fuller, Development Coordinator SUBJECT P-06-035 Heritage Office Parc minor plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a cross access easement along the frontage of the property. Section 9.17.H of the Land Development Code states subdivision plats for new commercial developments shall be required to provide cross-access easements. Easement Dimensions - Easements for shared driveways shall be 16 feet in width and 35 feet in length, but may vary given the shape of the particular tract. Easements extending across the entire width of the property shall not be less than 24 feet in width. 2. Buildings constructed on the same lot will require a 20-foot separation. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 3. Provide a 15-foot drainage and utility easement along the perimeter of the properties. Contact Robert Woods, 817.503.1094, Engineering Department, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvements are not required since Heritage Avenue is considered an improved street. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon approval of the 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 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-o35 Heritage Office Pare minor plat 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. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, WATER SEWER TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 10,2006, 7:00 p.m. Please submit the following to our offices: . A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived; . 12 full size copies of the revised exhibit and one reduced copy (8.5 XII). The above requested items must be submitted no later than noon on Wednesday, July 5, 2006, in order to make the scheduled hearings. Please contact me at fullerc@ci.collevville.tx.us or 817.503.1054 if you have any questions. PAGE20F2 I.hvid W. !\lyers, L.S.L.S.. R.PJ...S. John W. Morgan, R.P,L.S. Ricky L. Gentry, RcPJ..S. Jason B. Rawlings.R.P.L.S, ~ i I Texas . New Mexico . Arimna . Nevada . Topography - Forensic Surveys . Land Title Surveys . AnySi7cBou.odary . Constrw::tiol1 Layout . Platting/Land Planning June 28,2006 Mr. CJhrisF@er City..ofColleyville 100 Main Street Collcyville. Texas 76034 Re: Lot 7, Block 1, Heritage Office Parc P-06-fJ35 Dear Chris: This letter is to infonn you that I have made the following revisions Lo the above referenced plat as you requested: I) I have added a. 24' cross access easement across the frontage per your request. 2) The requirement of the distance between buildings has been duly noted. 3) A fifteeil foot (15') drainage and utility easement 11.1$ been added to the perimeter. 4) The information regarding the fee requirements has bccn duly noted, As always, I deem it a pleasure to prepare plats in the City of ColleyviHe and should you have any additional comments please do 110t hesitate to call, fax or e-mail me, 7' !i3.f)j JasonB. Rawlings, R.P.L.S. jbr@moaksurveyors.com co: Dr, JeffBulJard 1105 Chet:J.: Road. CoHeyville, Texas 76034-4152 - www.llloaksurveyorS,<:Olll -Metro (817) 268-2211 . 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'fj,-~' >,..."'~."",. .., . ..I."..........~.~... ~\..~i J' .~:~~~~At) -r~-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: Planning and Zoning Commission Version: 1 Agenda Date: 07/10/06 Requester: Community ~genda No.: 8a Final Action: Development Department File Name: Case P-06-033 - PUBLIC HEARING -Approval of a Final plat on Lots 1 Rand 2R, Block 23 of the Highland Acres Addition and Tract 1 G1, Abstract 206 of the BBB & CRR Survey being a replat of Lots 1 and 2, Block 23 of the Highland Acres Addition located at 405 Mtachments: Location and Zoning Map. Development Review Committee Memo . Applicant's Response Dated July 6, 2006 . Plat History of Legislative File Version: Date: Acting Body: 07/10/06 Planning and Zoning Commission Title Case P-06-033 - PUBLIC HEARING -Approval of a Final plat on Lots 1 Rand 2R, Block 23 of the Highland Acres Addition and Tract 1 G1, Abstract 206 of the BBB & C RR Survey being a replat of Lots 1 and 2, Block 23 of the Highland Acres Addition located at 405 and 409 Timberline Drive South Explanation STAFF REVIEW COMMENTS Shelli Haas has submitted a replat to subdivide 2.91-acres of land located at 405 and 409 Timberline Drive South, The owner has submitted a final plat of the property for review and consideration by the Planning and Zoning Commission, The plat will revise the property boundaries of two single family lots. Both lots are currently platted in the Highland Acres Addition. The applicant proposes to incorporate unplatted land into Lot 1 and to realign the property boundary between Lots 1 and 2. The revised property line will pass through two existing accessory structures located on the property. The applicant has indicated that the accessory structures will be utilized for storage while a new single family home is constructed on Lot 2, The applicant has agreed to remove the structures prior to the issuance of a certificate of occupancy for the new home. Notes have been added to the plat to ensure the removal of the structures prior City of Colleyville Page 1 Printed on 7/612006 Agenda Briefing Continued to the issuance of a certificate of occupancy, Zoning. The property is zoned R40-Single Family Residential. The R40 zoning district requires a minimum lot width of 150-feet and lot depth of 150-feet, and a minimum lot area of 40,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. Parkland Dedication Fees. Parkland fees are not applicable for this development as the lots were previously platted. Sidewalks and Trails. The Land Development Code requires sidewalks on Timberline Drive South. The sidewalk on Timberline Drive South must be four (4) feet in width and constructed at the time building improvements are made to the property, Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this development as no new lots are being created. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided an aerial photo that located existing trees on the property. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development appears to satisfy the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Co/leyville Page 2 Printed on 7/6/2006 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 27, 2006 TO FAX NO Starnes Consulting 817.265.4347 Shelli Haas 817.428.1911 FROM Chris Fuller, Development Coordinator SUBJECT P-06-033 405 & 409 Timberline Dr - replat The Colleyville Development Review Committee (DRe) 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 the Planning and Zoning Commission signature block: PLANNING AND ZONING COMMISSION ApPROVAL WHEREAS The Planning and Zoning Commission of the City of CoIleyville, Texas voted aflirmatiwly on this _ day of . 20-, to approve this Pial Chairman, Planning and Zoning Commission Allest: Secretary, Planning and Zoning Commission 2. Add the following information to the plat document: SURVEYOR'S CERTIFICATION KNOW ALL MEN BY THESE PRESENTS: That I, . a Registered Professional Land Surveyor licensed in the Slale of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Ad.. Signature Dale (AlIix Seal) 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-033 405 & 409 TIMBERUNE DR DEDICATION CERTIFICATE WHEREAS. (o~ name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County. Texas, and being out of a (#) acre tract conveyed to them by (deed reference), and being more particular1y desclibed as follows: (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), ONners, do hereby adopt this plat designating the hereinbefore desclibed proper1y as (subdivision name), and addition to the City of CoIleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shooMl thereon, and do hereby reserve the easements shooMl on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction , maintenance or eflicjency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of construding, reconstructing, inspecting. and patrolling. without the necessity at any time of procuring the permission of anyone, This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Wilness our hands this day of ,20_. Owners Name STATE OF TEXAS H COUNTY OF TARRANT H Before me, the undersigned Notary Public in and for said county and Slate on this day personally appeared . known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of ofIice this _ day of ,20_. Notary Public in and for Tarrant County (aflixseal) My printed name My commission expires: 3. Remove all existing fence illustrations and references from the plat exhibit. 4. Revise the lot numbers to state, "Lot lR and Lot 2R." PAGE20F4 DEVELOPMENT REVIEW COMMITTEE P-06-033 405 & 409 TIMBERUNE DR 5. Add a note to the plat that states, "Building permits may be issued for the construction of a new residence on Lot 2R prior to the removal of the existing structures currently shown on the lot line between Lots lR and 2R" 6. Add a note to the plat that states, "The existing structures currently shown on the lot line between Lots lR and 2R will be removed prior to the issuance of a Certificate of Occupancy by the City ofColleyville for any structures constructed on Lot 2R" 7. Revise the title block to state, "Final Plat of Lots lR and 2R, Block 3, Highland Acres, being a replat of Lots 1 and 2, Block 3, Highland Acres..." This is a request, not a requirement. 8. Clarify the limits of utility easements that affect the property (i.e. 6-foot utility easement). Contact Robert Woods, Project Engineer, Engineering Department, 817.503.1094, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. 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 minimrun levels of public facilities and accessibility to the site for the delivery of emergency services. PARKLAND DEDICATION FEES. Parkland fees are not applicable for this development as the lots were previously platted. SIDEWALKS. The Land Development Code requires sidewalks on Timberline Drive South. The sidewalk on Timberline Drive South must be four (4) feet in width and constructed as part of the public improvements to the property. TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site 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. 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. PAGE30F4 DEVELOPMENT REVIEW COMMITTEE P-06-o33 405 & 409 TIMBERUNE DR SEWER 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 I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, ROADWAY WATER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 10,2006, 7:00 p.m. Please submit the following to our offices: . A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; . 12 full size copies of the revised exhibit and one reduced copy (8.5 X 11). The above requested items must be submitted no later than noon on Wednesday, July 5, 2006, in order to make the scheduled hearings. Please contact me at fullerc@ci.collevville.tx.us or 817.503.1054 if you have any questions. PAGE40F4 CIVIL ENGINEERING PLANNING SURVEYING >> Tree Preservation )> Impact Fees ))Roadway Water Sewer 4025 W<:lOdland parkB6\Jlevard, Suite 230. Arlington, TX 76013 . (MetfO) 817/265-2681.$ 17/277-6421 . fax 817/265.4347 ~ i1 i ill... !; iit~:-~.! ...q Ii i H!f ii! p~; I.... i !~~i ~i: i ~~'~ -.. ~ !l. . i $ .i~' i s ! 8 t 1 U i ~ r . - I 1 ~ ~i l;l.! ( !H! ~ ~ n~ '!. : .t .l'! . t r I !; t 'l.~ - t ~ H: ~ l t ~ ! t g .. . 1 ; i r Bt~i If If I i 'I ~ . .. (I i ~ rlrl~ i i ;; i .. ! 1 iU q ~ i i .. J Iftl ,I g.-w :!'~~ m ~~:a5 g~'~~ ~m~;: -<:..,-t" 0 ~ ~.'~ rJ ~~~,.~ ~~~> ~.~~a %,>r>{j) 6'~~-~ g~.~..~ ~ ~ ~$1'~ "' :: ,'~'~'.~ ~ ~=~~ ~Oto) SCI05533 JU1.Y 6. 2006 i t i "l ~ ~ ~ rq ,. ... . '" ~ ~ >- z ,.. '" '=' .....3' =x::: ~~ w S!a=~-n ~ ;!.. s;:: -So 0'" z l!.Qe?. Co 0 !'lo..... 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L H i w i r i~ : H J h i 1 ~ ~ : i J ~. 0 .. & t .. . . . ! r o () ~ o z ,; ~ ~I.. .... tol. . 1.-- I I I ~ -0 :.::.~t.:~~!". . ~. (~C~t:~J%m ::(~':~~ City of Colleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 07/10/06 Requester: Community Ptgenda No.: 8b Final Action: Development Department File Name: Case P-06-034 - PUBLIC HEARING -Approval of a Final Plat on Lot 1 R, Block 1 of the Starbucks Addition being a Replat of Lot 1, Block 1 of the Starbucks Addition located at 5510 Colleyville Boulevard Ptttachments: Location and Zoning Map' Development Review Committee Memo . Applicant's Response Dated June 29, 2006 . Plat History of Legislative File Version: Date: Acting Body: 1 07/10/06 Planning and Zoning Commission Title Case P-06-034 - PUBLIC HEARING - Approval of a Final Plat of Lot 1 Rand 1 R1, Block 1 of the Starbucks Addition being a Replat of Lot 1, Block 1 of the Starbucks Addition located at 5510 Colleyville Boulevard Explanation STAFF REVIEW COMMENTS N3 Capital LLC has submitted a replat for 1.09-acres located at the southwest corner of Church Street and Colleyville Boulevard, The plat will subdivide the property into two lots and will accommodate the proposed realignment of Church Street. The applicant has submitted the plat for review and consideration by the Planning and Zoning Commission. City Council approved the Final Plat for this property on February 21, 2006. Zoning. The proposed plat area is located within the PUDC- Planned Unit Development Commercial zoning district. The PUD-C zoning designation, Ordinance 0-05-1550, was approved by City Council in 2005, The proposed plat meets the development criteria as stated within the ordinance. Sidewalks and Trails. This property is subject to the provISions of the Colleyville Pathways Plan, which requires construction of a 10-foot wide trail along Colleyville City of Colleyville Page 1 Printed on 7/6/2006 Agenda Briefing Continued Boulevard and the south side of the proposed Church Street. The developer has escrowed the funds for the construction of the trail as part of the improvements for this property. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property as it is adjacent to Colleyville Boulevard. The developer has escrowed funds for the cost of constructing the new realignment of Church Street along this property. Drainage. No public drainage improvements are required for this development. However, a site drainage study shall be required as a condition of any building permits issued for Lot 1R1. Tree Survey and Replacement Requirements. The applicant has submitted a tree survey depicting the existing trees on the site. A tree replacement plan is not required since the only trees being removed are in the right-of-way and do not require mitigation. Summary. The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code, This plat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/6/2006 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX NO FROM June 26, 2006 Mark Shelton 817.346.0520 Chris Fuller, Development Coordinator SUBJECT P-06-034 Starbucks - 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. Remove the City Council signature block. The Planning and Zoning Commission are the approval body for this plat. 2. Show existing structures on the plat. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are required for the newly created lots since Church Street is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency servIces. TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site 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. 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-034 Starbucks - replat IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. SEWER The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 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. ROADWAY WATER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 10, 2006, 7:00 p.m. Please submit the following to our offices: . A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; . 12 full size copies of the revised exhibit and one reduced copy (8.5 XII). The above requested items must be submitted no later than noon on Wednesday, July 5, 2006, in order to make the scheduled hearings. Please contact me at fullerc@ci.collevville.tx.us or 817.503.1054 if you have any questions. PAGE20F2 CivilSolutions Inc P.O. Box 100247 Fort Worth, Texas 76185 (817) 423-0060 (817) 346-0520 fax June 29,2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: LOTS lR& lRl,BLOCK 1, ST ARBUCKS ADDITION P-06-034 ATTN.: CHRIS FULLER Chris, 111 response to the Development Review Comments of June 26, 2006, we offer the following: 1. We have 2. We have the Starbuck On behalf of the developer, N3 Capi . a1 block. at is currently under construction. we acknowledge the following: 1. Peril'Uete S PQ Co dIe. 2. Trees wiUbepreserved according to the approved constrllction plans for the Starbucks.site(Lot 1,Block I, Starbucks Addition). 3. Impact Fees are due att11etime ofbuildil1gpennit. rovemellts are required for the lot frontage adjacent to Church in escrow s to cover construction costs of the new h Street. These are being d gned by the City of Please.find enclosed 12 revised blueline copies ofthe plat, with an 8 W' reduction along with 3 copies 9fthe sign.edmylars. If we can be of further assistance, please call. Sincerely, RECEIVED JUN 3 0 2006 Per ....--"~, r i~~~~ ~ ;~", ? ,~i~ i1 ~U~i 'ESX! ?a~ s _:(~ G hH /ill" ~ ~~ sl;; \l iil j .~i~ 9':~.. ~~". !' '~~~ - >r ~t ~ ~~ \ ro ,.~ ,..1 ~~b"ll;'4 '1 ?A~ \ - --- ~ ' ~\,.~~\,- \ ---- -- -----,,'- ,.. -\ -- -----\' ~ ~~~:" ~ lj,~ .~4>-\;~<! t Et ~!: '.~' ~~._-- 'jl..' i -- \ \ ! ---1 I I HIOOEII ~OR. r '. r__J;-'u J' J!' I ~-~ ',l ~~~ V I 1"~~ J ~~I gl !'!II ill, ~ ~, :d~ I ;,;~d , J.. H l ~'i I l t --...., I ~ """ \ 1\:; "" g~ ~,,"'-~:.. ~~ .,,~ "'- "'~~, '~ ,..t<')~ .t~>- $..... ~.\~fu z I :I "'6~ ~,g rl! I 01 ' gj ~ - 0.; I il II II l' 1,1 ~ '~ ~ , / / ''', j, I , IN 'N ',~ ii\i "'- ~li~ "'-" "jii~ " I I E <lll "0 cn~z <l!l~ 3 ~ "8 ~%~~j:Q f~~i~ v ,. >ImP ri\~ _ $n:~ ~i~r';-4 .~~r ~~~ it n~ !!1~ h l\~fl H.. JUS' ~il; ,.s~i~ . t 11 < ~ ~W ., t~& jil pi Jli.( ~f1! H ilf tit ~ If 1ro t Ji3 .i ~ 1'" fa! i[l flit ~l Ii; iff th; if iii h l'" .~ _.i tH ill! ~l ~~~ "Ii .hi 'i ~~= hi H;i ~! ;fi , . h' ~~ ., ~ t , _. i. f~ 9ti:i !'it ~i"" 11; ~ ~ _~ ~ _ '1 ~~j . - . ..i""~:i:.t:': 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: Planning and Zoning Commission Version: 1 Agenda Date: 07/10/06 Requester: Community ~genda No.: 8c Final Action: Development Department File Name: Case Z-06-018- PUBLIC HEARING -Request for a zoning change from AG-Agricultural to CN-Neighborhood Commercial on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard ~ttachments: Location and Zoning Map. List of Property Owners Notified . Zoning Exhibit. Draft Ordinance History of Legislative File Version: Date: Acting Body: 1 07/10/06 Planning and Zoning Commission Title Case Z-06-018- PUBLIC HEARING - Request for a zoning change from AG-Agricultural to CN-Neighborhood Commercial on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard Explanation STAFF REVIEW COMMENTS Dr. Mayli Davis has submitted a request to change the zoning of 0,7 48-acres, located at 6208 Colleyville Boulevard, from AG-Agricultural to CN-Neighborhood Commercial. The applicant is seeking a zoning change in order to develop the property for medical office uses. The CN zoning district is designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. The property is located on the west side of Colleyville Boulevard, approximately 550 feet north of Hardage Lane. The applicant submitted a zoning exhibit with the application, which is attached to this agenda briefing. The property is not platted, Approval of a subdivision City of Colleyville Page 1 Printed on 7/6/2006 Agenda Briefing Continued plat 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. Although the rezoning request is not fully consistent with the goals and objectives of The Colleyville Plan, which designates this property for future retail use, the rezoning request would be consistent with the adjacent zoning designations, Lot Sizes & Widths. The CN zoning district requires a minimum lot area of 10,000 square feet. The subject property currently exceeds 10,000 square feet and meets the minimum lot development requirements of the CN zoning district. Surrounding Properties. The surrounding properties primarily consist of residential and office uses. Properties to the north are zoned PUDC-Planned Unit Development Commercial (0-94-950) and are currently developed as office uses. Properties to the west are zoned R15-Single Family Residential and consist of single family homes (Pecan Park Estates). The property to the south is zoned CPO-Professional Office Commercial and is developed as office uses, Development Trends. The development trends along this portion of Colleyville Boulevard primarily focus on office uses. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots, Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $130,780.00. The estimated City property tax revenue for the undeveloped property is approximately $454.33 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the use developed on the lot. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations, Medical offices are expected to generate 36.1 trips per 1000 square feet of gross floor area, on average. Public Notification. Staff mailed notices to fifteen (15) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code, Staff has not received correspondence regarding this request. Summary. Though the proposed zoning change is not fully consistent with The Colleyville Plan, which designates the subject property as a future retail development area, the proposed zoning is consistent with the existing zoning designations of nearby properties City of Colleyville Page 2 Printed on 7/612006 "",>"""."._~..,~__.__,,,..,,,,....,._~.,__._~~_~._.,,",~,",__..,.""~_..~._.".o_.,..._w_."."4'~~."__'~~"_ "______ Agenda Briefing Continued along Colleyville Boulevard. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 7/6/2006 Z-06-018 Burton, Eugene Etux Karen L 6112 Ponderosa St Colleyville, TX 76034-6009 Entis, Stanley 6206 Ponderosa St Colleyville, TX 76034-6011 Pmt Partners Ix Ltd 1585 Kapiolani Blvd Ste 1218 Honolulu, HI 96814-4526 Rohrs, Russel FEtal 17731 Sampson Ln Huntington Beach, CA 92647-6790 Stembridge Ltd 104 Bridle Wood Ct Aledo, TX 76008-4135 List of Property Owners Notified Dr. Mayli Davis, applicant 3241 Horseshoe Dr. Grapevine, TX 76051 Casteel, Gary Etux Donna K 6108 Ponderosa St Colleyville, TX 76034-6009 Folkes, James J & Kimberly S 6200 Ponderosa St Colleyville, TX 76034-6011 Realty Capital Colleyville Sq 99 Main St Ste 200 Colleyville, TX 76034-0000 Skaggs, A G 6208 Colleyville Blvd Colleyville, TX 76034-6223 Thomas, Philip H Etux Mildred 6204 Ponderosa Ln Colleyville, TX 76034-0000 No HOA information for Pecan Park Estates Emler Swim School Inc 2201 Lavern St Arlington, TX 76013-1478 Pecan Gardens Estates Lp 901 John McCain Rd Colleyville, TX 76034-6332 Reynolds, Myrel 6110 Colleyville Blvd Colleyville, TX 76034-6221 Stembridge Ltd 104 Bridle Wood Ct Aledo, TX 76008-4135 Touchstone, Gary Etux Julie 6208 Ponderosa St Colleyville, TX 76034-6011 XJ.. 'amMauo:) P.l8"'_It'log _IIIM.uo:) 80~9 ~~. J..181HO 9NINOZ '- ~ '- '- a 'i I ~~~ '-. '-, " ". ~ ID 1 .., " , , ". " ", ~ ~ '"'. " ., HOl- '.13aH$ oOO'l-OO'900Z :oN .J:f-ilf':<>>U _HIl :oN at 1<Y1d: z u o .... : E 2 ... .. en c tIJ .c: U en c - c o N ... .2 .... - A - .c: >C III en c ... c o N C ,g Co ~ !a> i... m- .!- 1~~~ jiilx.!. If-'~ .~.I~ ~oJ. rR~d... ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.748 ACRES OF THE J.L. BYAS SURVEY, FROM THE AG-AGRICULTURAL TO CN-NEIGHBORHOOD COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Dr. Mayli Davis, on June16, 2006, under Case No. Z-06-018; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks. and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural to CN- Neighborhood Commercial zoning district, as depicted in the attached Exhibit "A" and described in the attached Exhibit "B." THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - Property Description 1JB1!1IQ,.tu<<m.din'fARRANT County. T'exCUl and being a porti.on 01 a 4.65 acre tTa.ct of Land out of the J.L. BYAS SURVEY, A-tDO, TARRANT County, Texas, described by metes and bounds as follows: BEf;INNJNC at (.l pmn.t whichstanct.s48(). 16 feet South Of degree 87 minutes West .from the. Northwest corner of theJ.L. byas survey; "ellS 3f) t'n.inutes.East 289.68 feet to corner in the Trest line .f2!: THENCE South 80 degrees 02 minutes West 146.8 feet atong sa.id West line oJ sa.id state High:wcty No. 121 to a iron .pin. for comer; 'fHENCENQrth88dtfgrees 89 min1.ttes F'st220.3 feet to (it corner in the West line 0/ J.t. Byas Su'1'Vey; . _... 'PHo' North 01 the (JJNT' OF BEG e minutes BfUJt 127.91 fed along said survey line to G a.nd containi.ng 0.7488 acres 01 land. more or less. hi.. , 1-' t -05 ~ .'<:io- (~( "~'''j .b,~:'~;;;;~~';"_' ':..'~~'.;~.';~."'~~.:<.'.':'f>> W~j:~)~ : .:in~~';J;';1 . .::-~~~~:; City ofColleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 07/10/06 Requester: Community Agenda No.: 9a Final Action: Development Department File Name: 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 Attachments: Zoning and Location Map. Future Land Use Plan Surrounding Subject Tract. Statement of Planning Objectives. Development Review Committee Comments Dated May 11, 2006 . Applicant's Response Dated May 16 & 17, 2006 . List of Property Owners Notified. Letters in Opposition to the Rezoning Request. Letter in Favor of the Rezoning Request Dated June 7,2006. Letter from David Bagwell Dated June 23,2006 Withdrawing Opposition. Letter from Garabedian Properties Dated June 24, 2006 Withdrawing Opposition . Letter from Applicant Dated June 26, 2006 Agreeing to Modify Plan. Revised Exhibit. Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 OS/22/06 1 1 07/05/06 07/10/06 Planning and Zoning Commission Planning and Zoning Commission Planning and Zoning Commission City Council Planning and Zoning Commission 06/12/06 06/26/06 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 UPDATE 7/10/2006 At the June 26, 2006 Planning and Zoning Commission meeting, no action was taken on this item and it has been rescheduled for the July 10, 2006 meeting, Attached are letters from David Bagwell and Garabedian Properties regarding the withdrawal of their opposition City of Colleyville Page 1 Printed on 7/712006 Agenda Briefing Continued to the rezoning request. Attached is the applicant's letter dated June 26, 2006 agreeing to the modifications outlined by David Bagwell. UPDATE 6/26/2006 At the June 12, 2006 Planning and Zoning Commission meeting, no action was taken on this item and it has been rescheduled for the June 26,2006 meeting. The applicant has revised several aspects of the proposed rezoning request due to comments made during the public hearing at the June 12, 2006 Planning and Zoning Commission meeting. The agenda briefing has been updated to reflect the revised request. . UPDATE 6/12/2006 Due to a lack of a quorum at the May 22, 2006 Planning and Zoning Commission meeting, no action was taken on this item and it has been rescheduled for the June 12, 2006 meeting. Public hearing notifications were mailed to property owners within 200 feet regarding the updated public hearing date. Two additional letters of opposition have been received, and copies of these are attached. Staff Review Comments 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 49 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 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. City of Colleyville Page 2 Printed on 7/612006 Agenda Briefing Continued Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 74 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: Sinole Familv Attached Lots Lot Size 2,700 Square Feet Lot Depth 90 Feet Lot Width 30 Feet Lot Coverage 90% Setbaeks Front 5 Feet Rear 5 Feet or 18 feet for rear facing garages Side 0 Feet Maximum Height 35 Feet SinQle Familv Detached Lots Lot Size 6,608 Square Feet Lot Depth 115 Feet Lot Width 56 Feet Lot Coverage 58% Setbaeks Front 15 Feet or 20 feet for front facing garage Rear 15 Feet Side 3 & 7 Feet * Side Along Street 15 Feet Maximum Height 35 Feet * (10-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 22.9 percent of City of Colleyville Page 3 Printed on 7/6/2006 Agenda Briefing Continued the total development as common open space, In addition to the general common open space areas, the developer has designated a thirty (30) foot buffer as a tree preservation area located along the eastern and southern boundaries of the development and a twenty (20) foot tree preservation area located along the northeastern boundary of the development. The tree preservation easements are designated as common open space areas and are included in the overall open space calculation of 22 percent. The applicant has provided a description of the amenities that will be located in the open space, which will include five (5) foot wide trails, seating areas, and ponds with fountains. The Homeowners Association (HOA) will be responsible for the maintenance of the open space areas, including the tree preservation buffer areas. The applicant states that the purpose of the tree preservation area 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 area will be designated as open space and will not be incorporated into the rear yards of individual lots. Individual lot fences shall not encroach into the easement. 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, Perimeter Fencing. The applicant is proposing three types of perimeter fencing for the development. The lot layout exhibit shows a six (6) foot wooden fence along a portion of the northern boundary line and a portion of the eastern boundary line, adjacent to Lots 22 - 24, Block 1. A six (6) foot masonry wall extends along the eastern portion of the development and along the northern boundary line where it connects to the aforementioned six foot wooden fence. The third type of proposed fencing is a six (6) foot wrought iron fence that extends along the southern boundary line and a portion of the eastern boundary line where it connects to the aforementioned six foot wooden fence, 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 74 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 City of Co/leyville Page 4 Printed on 7/6/2006 Agenda Briefing Continued 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 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 necessary 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 City of Colleyville Page 5 Printed on 7/6/2006 Agenda Briefing Continued by state law and the Land Development Code. Ten (10) letters in opposition and one letter in support have been received and are 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 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 It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 6 Printed on 7/6/2006 Zoning and Location Map 11 NORTH Future Land Use Plan Surrounding Subject Tract ~ V~ ~ Oci/vPoiHlte; coUe;yv~ -r~ stat~ofP~c9bjed:w€W The subjeet of this zoning request is an assemblage of multiple existing parcels totaling about 20 aeres, 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 eith.w side of the existing Sanders Lane, by which it gains access from Colleyville Blvd. The individual traets are primarily under separate ownership, most of whieh contain older residential struetures of varying degrees of eondition (many poor) and some are unoccupied. Suecessful re-development of any of these tracts individually would be a difficult challenge, given the adjaeencies. 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 spaee. 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 Plan, 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 ehange the AG zoning to a Residential PUD, for the development of a Single Family Residential Community. This change to Residential uses would allow this development to be eompotible with and provide a transition between the immediately neighboring properties. The layout of the lots, roads and open space areas has been earefully 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% of the site will be set aside as permanent open spaee, 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 adjaeent 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 architeeture and a high quality environment eompatible with the rest of Colleyville. Primary aceess will be from a connection with Sanders Lane, leading to the joint Tinker Road/ Sanders Lane intersection, which will be built with the upcoming TXDOT improvements to Colleyville Blvd. Supplemental aeeess is planned to be provided by a gated access easement (emergency aceess only) to be built to the Sanders Lane/ Wyatt Drive ROW at the Eastern boundary. This has been planned as emergency access in respeet of the wishes of the owners of the neighboring properties to the Northeast, who did not wish to have through traffic conneeting to and through those areas. DeNelopJ'Jltet'1t S~ The Villas at Oak Pointe is intended to be developed in a single phase, with development eommencing as soon as zoning, platting and other necessary approvals are obtained. ECO"f\.O"Wtio Develop J'JItet'1t I nforJ1t'tat"L011I 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 distriet and county would total $ 943,137 per year, as a result of this development. 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 INFORMATION 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 PAGE20F4 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. SEWER $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. ROADWAY WATER PARKLAND DEDICA nON FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. SIDEWALKS. 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 around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. PAGE 3 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-06-012 THE VILLAS AT OAK POINTE AG TO PUDR 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 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@ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE4oF4 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 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. 9 2 9 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 75063 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 COLLEYVlLLE Date: 17 MAY 06 From: Curtis Young, AlA Subject: Z-06-012- The Villas at Oak Pointe- AG to PUDR Job No.: HS01-00 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- 0' -Detached Single Family: Front- 20 ' Rear-15' Side- 7' and 3 ' (10' minimum between structures) Side along street- 15 ' 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' wood fence 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 afully 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 w!ll 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 IESJ, and they have indicated it complies with the turning requirements of their trucks. 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 Letters in Opposition to the Rezoning Request \... .ljarabeatan properties A Certified Master BuDder P.O. Box 1038, CoUeyville, Texas 76034-1038 garabedianproperties.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 buffer 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 buffer of the trees between the existing residential and the proposed development as it would have been required by the current master plan 'andthe 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 D Garabedian CMB GMB Garabedian Properties Metro 817-748-2669 Mobile 817-637-7245 mike@garabedianpropertfes.com Fax 817-749-0148 RECEIVED MAY 1.8 2006 Pe, .................... May 17,2006 Colleyville City Council Colleyville Planning & Zoning Commission c/o Barry LeBaron, Director of Planning 100 Main Street Colle~e,11( 76034 Mr. LeBaron: I am writing with regard to the proposed land usage behind Broughton. I am the owner of LOT 40A - which backs up against the proposed development. I am absolutely opposed to the placement of with 75 units on 20 acres behind Broughton as currendy proposed. The current proposal of that land use is not objectionable in general but in particular with respect to destruction of trees and visually encroaching on the space next to Broughton. I request that the zoning be tabled urttil proponent submits a plan that opponents no longer oppose which (a) prcserves 60 feet buffer around the south and east sides of property by not excavating, filling, or crossing through with utilities of any kind, including not excavating, filling, or crossing through in dle drip line west of the east buffer and north of the south buffer; (b) create an affIrmative obligation to establish a maintenance association to undertake preservation of the forested areas by replanting, etc. and hire a consultant who will d1:aft acceptable standards for same to be incorporated into the zoning ordinance. 'Ibe preservation of trees is highly desirable, won't happen with 75 units on 20 acres, but can be accomplished with plan described above AND sct an excellent example for all such developments. I should also state that offIce use would be as good as or better than what is proposed and could be done in a way that accomplishes the same dling. Plcase strongly consider the recommendation in this lctter as a way to preserve the signifIcant investment and lifestyle the rcsidences of Broughton have made in the city of Colleyville. RECEIVED MAY 1 9 2006 Per ............. BROUGl-ITON May 19, 2006 Community Development Department City of Colteyville 100 Main Street Colleyville, TX 76034 Honorable Mayor, City Council, Chainnan and Planning & Zoning Commission: I write in opposition to zoning case Z-06-012. The land use proposed risks nearly total loss of one of Colleyville's great assets, a remnant of the andent Eastern Cross Timbers. However, in my judgment, the verge of woods seen from virtually every vantage point outside the property can be saved with modification of the proposed zoning without undennining the economic viability of the proposed development. I also oppose the rezoning because, without concrete and enforceable design, materials, and landscape standards, it risks creation of another nondescript neighborhood of cheaply built houses, the antithesis of sustainability in a community. I also see no justification for the density proposed. I expect it has nothing to do with buyers' lifestyle preferences but with the applicant's high land cost instead. Of themselves, I believe large houses and large lots are of no special aesthetic value to the community. It is the low density historically associated with large houses that matters. Small houses and small lots can be made attractive and contribute to sustainability . But, like diamonds, the setting of smaU homes is essential to appreciation of their intrinsic qualities. Allow small lots and small houses, if you will, but not such high density. Cluster the small lots and put leftover land into open space, thereby preserving the native forest and the community's often-stated preference for low density. Thank you for considering my views. If you would like me to elaborate, please let me know. Sincerely yours, Broughton Limited Partnership By: Th David Sa w II Company, . By: 8121 DOUGLAS AVENUE. SUITE 60$, DAUAS,lTX,,$ Ti2L) METHO, iliJ,540,5500 lAX, 21.1.368774(J ~ 1>'~'rl~ '1>'.Q~611 H ~ 1 1 ~ l ~l .. ~ ~ " oK :II ':1 ~'I '>- g 0 ~ "I I ~ I 1 C , ~ 1~ '" , 0 . e <::) I 1... 0 I~ 18 I'" A T z o f-< ::c v :::> o ~ ~ H . ~ . n ~i~ U !! ~h ~ -p~ BHp!v ~hBB!!iilh! i i I ..u~.~i1rl~~ ~_!II.$ . ~: 01 .---.--... ..........- ~ H ~ ~HHH~ H u<,o l:l i tHrill ~ ~~ \~vuu]u n ~~h~~n' ~ ~~ ~ lIIll_fQ_"'..fQlIIll ~ ~ ~. -- ...- ..-.... ~~ ~ ~~~fI3::::~;{j~ 0 - ... ...... ........... ........, ; ; sHii ~ ";~"I t: ,~! ~ 1 ~ ;;"; ~ l!l"olia: ~~~i,1 - . .. - -- - -~'. 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'( :~:~ coo~~ !!!~~~ :l ~ !l~iti~ &::{iH ~~::~~:: .e~"~~~ ~ !!-~!!t~ t: ~ ~ lS \~ ~ <3lls ~ &a~<!le~.3~ ~ UBIU ::: H.Hip .~~.r~t'~r ~ !]]S~!uS .. .(<{~.."{q~ .. n~Uh ~~~~~i~ m~~~~~ ~ ...--.-...._..-_.-_.._-. ~ ~ 0 0 "l "( "l <{.. q.. "l "l"i(" q"l"l"l "l! al al ~ ~ !t~!?~~..::~ 3 ............'tI"'... 3 lIOodh<~~:!:!'l 0 '.'< MAY 20,2006 JERRY BYERL Y, CHAIRMAN PLANNING AND ZONING COM. CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 KAC COLLEYVILLE JOINT VENTRE ROBERT ELLINGTON, MG. PARTNER 4424 LOVERS LANE DALLAS, TEXAS 75225 RE: ZONING CASE #Z-06-012 DEAR MR, BYERLY: AS AN ADJACENT PROPERTY OWNER, WE ARE ADAMANTLY OPPOSED TO THE REFERECED PUDR SUBMITTED. WITHOUT THE BENEFIT OF MORE DETAILED INORMATION, OUR TWO MAIN OBJECTIONS ARE: 1. THE PROJECT IS NOT IN ACCORDANCE TO THE CITY'S MASTER THOROUGHFARE PLAN, AND 2. SANDERS LANE IS NOT SHOWN TO BE WIDENED TO A 42-FOOT COLLECTOR STREET AS REPRESENTED TO US BY THE CITY FOR MANY YEARS. ALSO, THE ALIGNMENT OF THE TINKER/SANDERS INTERSECTION WOULD BE AFFECTED. WHILE VISITING WITH SEVERAL CITY DEPARTMENTS LAST MONTH, THE WORD WAS THAT THE LONG RANGE PLAN FOR COLLEYVILLE W AS ST~T. HOPEFULLY, THE LONG RAGE PLAN WILL BE ADHERED TO, EXCEPTING MAJOR PHYSICAL OBSTACLES. YOUR CONSIDERA nON OF OUR OBJECTIONS IS APPRECIATED. RESPECTFULLY SUBMITTED, ROBERT G ELLINGTON, MANAGING PARTNER cc: THE MAYOR OF THE CITY OF COLLEYVILLE Zoning PUDR sanders R E CEif\VIf1ID MAY '2 ,:;2 ;;lUQf Per, ...........lia., J.D. TANNER & ASSOCIATES INSURANCE SERVICES JON DONOVAN TANNER, J.D. DIRECT DIAL 817-485-3800 EXT.III E-MAIL JOTANNER@JDTANNERINSURANCE.COM 5017 COLLEYVILLE BLVD. COLLEYVILLE, TX 76034 800-609-1010 BUS 817-485-3800 FAX 817-485-3805 May 22, 2006 Attn: City of Colleyville, TX Mayor David Kelly and City Council Members; Colleyville Planning & Zoning Commission c/o Barry LeBaron, Director of Planning RE: Proposed Rezoning Adjacent to Broughton Subdivision Dear Mayor Kelly, Members of the City Council and Planning & Zoning Commission: I am writing to express my opposition to the proposed rezoning of the land next to the Broughton addition in Colleyville. From my understanding, a zoning application has been submitted, that if approved, will put 75 housing units on less than 20 acres of land. First of all, as a resident of the Broughton addition I am deeply disturbed by the thought of having such a high- density addition next to my neighborhood. My neighbors and I have put forth a considerable investment in order to live in Broughton because of the large lots, greenbelts, numerous trees, and superior quality homes. Needless to say, the thought ofliving next to a large development of tract housing which has been shoe-homed into a tract of land under 20 acres of land is nauseating. Moreover, without a doubt the developer will have to destroy almost all of the old-growth hardwood trees on the land. I am deeply troubled by this because of the fact that trees such as these are rapidly disappearing all across the DFW area. I believe the trees are an asset not only to Broughton, but to Colleyville as a community. Even ifthe developer were to try to save a number of the trees, we alllmow that old-growth trees such as these have a very poor survival rate after being subjected to the stresses of earth moving, and water run-off from the pouring of concrete slabs, streets, sidewalks, etc. In addition, I am concerned that this rezoning will encourage emergency traffic to drive more often through Broughton. This concerns me from the standpoint of increased noise as well as danger to the children of the neighborhood which play in the greenbelts and in front of our homes. Finally, I do not think that rezoning the land as it has been submitted is in the long-term best interest of Colleyville. As a community, Colleyville is the envy of our neighbors due to the lack of tract housing and high density neighborhoods. We need to preserve what has made us unique. Weare at a crucial point where we as a city can shape the future growth of our neighborhoods and commercial development in a way that will add long-term value and desirability to our community. High density housing does not fit into that plan. Hence, I am requesting that the proposed rezoning be tabled until the applicant submits a plan which (a) preserves a buffer of 60 feet by means of platted open space around the south and east sides of the property, and excavating, filling, and crossing through with utilities of any kind and paved pathways be prohibited, including not excavating, filling, or crossing through in the drip line of trees in this buffer; (b) creates an affirmative obligation to establish a maintenance association to undertake preservation of the forested buffer by replanting, etc. and hire a consultant who will draft acceptable standards for same to be incorporated into the zoning ordinance. -" Barry LeBaron From: Sent: To: Cc: Subject: Meredith Matlock [meredith@bagwellcompany.com] Friday, May 26, 2006 1 :37 PM Barry LeBaron David Bagwell Rezoning of the land north of Broughton on Sanders Lane Mr. LeBaron, I am writing on behalf of the David Bagwell Company to ask for some information regarding the rezoning of the land north of Broughton on Sanders Lane. We are interested to know if twenty percent of the property owners within two hundred feet have objected to this proposal. If so, we would like a list of these homeowners and their addresses. If not twenty percent, what percentage have opposed it? What has the applicant given to the city in writing about saving the native trees in the area? We would like to get a complete file of all that has been submitted by the applicant on this, including the DRC comments. Please fax a copy of this information to our Dallas office at 214-368-7740 and to my office at 601-944-9501. Is the staff recommending approval of the rezoning? We would like a full size copy of the lot plan proposed by the zoning applicant. With respect to the proposal to downgrade the status of Sanders Lane, is a traffic study available that supports the current status of Sanders Lane? Is there a traffic study that supports the change in status of Sanders Lane? If no traffic study supports the current status, what basis was Sanders given its current status and why is it no longer valid? What are the staff's recommendations with respect to Sanders Lane? We would like a copy of the ORC comments relating to this issue. We would like to receive the Staff's written analysis of these two matters that was provided to the P & Z, i.e. The complete summary about the zoning case and Sanders Lane proposed changes given to the P & Z. Is there any economic analysis of the impact of this property if it were garden offices as opposed to garden homes? We would like an up to date copy of the Master Plan of Colleyville that relates to the area being rezoned. Thank you for your help. Sincerely, Meredith Matlock 1 Michael and Elaine Bell 1913 Stratton Court Colleyville, Texas 76034 817-251-9974 June 12,2006 Colleyville City Council Colleyville Planning & Zoning Commission clo Barry LeBaron, Director of Planning 100 Main Street, Colleyville, Texas 76034 Dear Council and Mr. LeBaron, I understand there is a zoning application to place 75 housing units on approximately 20 acres of land immediately north of Broughton. I am opposed to the zoning as planned. I will explain why and offer questions in regard to this request below. First, I am concerned that the wooded area bordering Broughton would be destroyed if a broad easement cannot be assured by a city enforceable ordinance to protect and sustain it as an independent ecosystem. It would be beneficial to gather information from an arborist for suggestions. In my opinion, these woods are God given and in fact are the offspring of a forestation known as the Eastern Cross Timbers, which has been in existence for hundreds of years and is diminishing. This is a precious resource for our city, our state and its residents. As a citizen of this area for over 50 years and specifically a resident of Colleyville for 38 years, I have seen natural habitat destroyed time and time again by developmental progression. I am not opposed to growth and understand that it is imminent and necessary; however, I believe it can be done with sensitivity to existing natural resources. If this plan cannot be revised to accommodate these woods, I strictly oppose it in full. It is my belief that the trees can be preserved and development successfully undertaken with proper independent professional advisement and planning. Secondly, I question deviation from Colleyville's Master Plan to develop this land for other than commercial or office utilization. Are their compelling reasons to dismiss recommendations by previous committees? Please note the plurality of "committees", as I believe the Master Plan represents creation and review by multiple previous councils regarding use of this land. I do not pretend to know what represents maximum benefit for the city with this land, but I give credence to our previous planners. Further, it appears that professional office development, as Master Planned would more easily allow protection of this representation of the Eastern Cross Timbers. Thirdly, if the 20 acres is approved for residential use, which, by the way, seems very densely projected, I would like for Planning and Zoning to require and enforce architectural specifications and developmental quality control in such a manner that it would compliment adjacent neighborhoods and thus the city. It would seem to me that a work session involving qualified and interested parties on this project would be to everyone's benefit. Colleyville has an exemplary reputation and has been written about numerous times. One of its greatest sustaining assets is overall architectural appeal. I am sure each of us has driven through a city and formed an opinion based upon architectural ambiance or lack thereof. I submit to you that Colleyville can continue to prosper and develop with balance. A compassion for the preservation and maintenance of our God given resources and sustainable architectural charm will honor Colleyville's legacy for generations. Respectfully, 1J&4A4tt)~ ~~~ Michael and Elaine Bell 'fJJ~g>~ 6104 ~~~ ~ <=0~ 76034 June 12,2006 Community Development Department Planning and Zoning Commission Mayor and City Council of Colleyville City of Colleyville 100 Main Street Colleyville, TX 76034 RE: Zoning Case Number: Z-06-012 Sage Group, Inc application for 19.78 acres in Abstract 180 out ofthe J.L. Byas Survey 1600 Block of Sanders Lane Dear Sirs, In response to the Public Hearing Notice, I would like to have my opinion made a part of the public hearing record, as I am unable to appear at the meeting set for June 12,2006. Being a homeowner in the Broughton Subdivision and living within 200 feet of the proposed development, I am opposed to the plan as established by the Sage Group. There are several issues with the development footprint. There is not enough open space to comply with City standards. The open space can be made more ecologically friendly. Density per acre does not fit with the rules established by the P & Z Commission. And preservation of nature has not come into consideration. I propose the city require a minimum 60' to 70' buffer at subdivision boundaries, in order to preserve the tree line. The development can make a unique greenbelt and park in their neighborhood. Or could the City better benefit having this land be made public access space for City parks. Colleyville land is becoming scarce. We should evaluate what land we have left and make logical decisions for its use. I would like to see the preservation of the trees and nature that have taken hundred of years to mature. Please save the trees for they beautify our city and make Colleyville a special place for all to enjoy. ~~ Denise Procaccino Kevin Procaccino 6104 Burnham Circle Colleyville, 1X 76034 June 12, 2006 Community Development Department Planning and Zoning Commission Mayor and City Council of Colleyville City of Colleyville 100 Main Street Colleyville, TX 76034 RE: Zoning Case Number: Z-06-012 Sage Group, Inc application for 19.78 acres in Abstract 180 out of the J.L. Byas Survey 1600 Block of Sanders Lane Dear Sirs, As a resident of Colleyville and homeowner in Broughton Subdivision, adjacent to the referenced property zoning issue, I would like to voice my disapproval for the above rezoning request. I believe that the property should be held to the same standards set forth by the Colleyville City Master Plan, and be subjected to the same structure of rules, with regards to density requirements. Furthermore, the development doesn't seem to appreciate the foliage and it's obvious attributes to the city. A development of this type would destroy what has taken decades to mature. The city should evaluate this proposal and request a larger amount of green belt and preservation area. Would the developer consider using some of the 19.78 acres for a city park? Thank you for your time and consideration, Sincerely, n ~cA\{~ Kevin Procaccino Mr. LeBaron, My wife and I live at 1905 Stratton Court in ColleyviUe, Texas. One of the key things that caused us to buy in Broughton was the trees that surrounded the sub-division. We looked in Whittier Heights and Westmont, but ultimately we liked the location and the proximity to 121 that Broughton offered. My three biggest concerns are: 1. Preservation of the natural resources (trees) 2. Architecture of the proposed houses 3. Width of the buffer zone between us & them It has been brought to our attention that the 20 acres to the north of Broughton is on the selling block and is slated to have 75 homes on that piece of real estate. Broughton represents about 1.5 units of housing per acre which is much better than the normal density of 1.8 units per acre that is supposed to be the maximum in the city of ColleyvWe. If my math is correct, that wUI represent almost double the 1.8 unit per acre that is the norm for the city. I also have seen where the city has proposed a 20 foot buffer to the north of Broughton which we do not feel is adequate for our sub-division. I would highly recommend 60' as the buffer to preserve the natural beauty of the trees adjacent to our neighborhood. Also there is no definition of the easement provided. WUl it be taken out of private ownership once the new sub-division is completed and put into the HOA ownership? What are the minimum standards for the houses to be built there? Wasn't this property set up to be garden offices originally in 2004 on the Master Plan? What happened to that Master Plan? Who is policing it now? Is it the developer? Those are just a few of the questions I have for the city officials at this time. We plan to attend the Planning & Zoning Meeting Monday evening at 7:00 to see how the city plans to address these concerns. Best Regards, Ken & Cathy Addington ChemCal, Inc. 817-913-8039 Letter in Favor of the Rezoning Request Dated June 7, 2006 GREGORY T. ORRELL June 7, 2006 City of Colleyville Planning & Zoning Commission i\ttn:Mr. Byerly 1100 !\hin Stree.t Collcyville, TX 76034 RL.:: Zoning Change for Villas at Oak Pointe Mr. Byedy: As a resident in the City of Colleyville, I am familiar with the project being built along Sanders Lane. The.re is a desire by tllC residents of the area to have high quality villa homes and townhouses built in our area. These upscale single family dwellings on smaller lots will complement the city's larger lot cOlD1nunities. Please know that there is a need for quality single family commllflities on smaller lots in Colleyville that will allow the residents the choice of diminished lot care '\."bile keeping the upscale quality of homes that we expect in the City of Colleyville. Since.rely, ..... ",; Greg Grell 10(\5 CkJx T.~kl' Ct Colleyville, TX 75244 (8] 7) 247-9505 1005 CLEAR LAKE COURT' COLLEYVILLE. TX . 75244 PllONE: 817-247-9505 . FAX: 817-503-9272 E-MAIL: GTO@LANCERFS.COM Letter from David Bagwell Dated June 23, 2006 Withdrawing his Opposition to the Rezoning Request '.' B R 0 UGH TON June 23, 2006 Colleyville Planning & Zoning Commission C/o Barry leBaron 100 Main Street Colleyville, TX 76034 Mr. Chairman and Commissioners: I withdraw my company's opposition to zoning case G-06-015 on the basis of the following understanding that has been reached by the applicant and my company regarding the property for whid1 the zoning Is proposed (the "Subject Property"): 1. Zoning Plan Modification to establish a 30 foot wide conservation area on the east side of the Subject Property beginning on the south side of the point where Sanders lane extends (or is presently planned to extend) west into the Subject Property from Wyatt Drive and continuing south to the southeast comer of the Subject Property and from there west across the whole south side of the SUbject Property, which conservation area will be perpetually owned and maintained by the property owners association of the proposed development in order to preserve and enhance the natural ecological condition of the buffer area; 2. Obligation of the Property Owners Association of the Subject Property, by means of a special condition in. the proposed zoning ordinance, that: AS needed, but no less often than once annually, the Oak Pointe property owners association (and its successors and assigns) shall cause a Texas-licensed arborlst, who is expert In Cross limbers silviculture, (the "Expert") to provide a written general evaluation of native hardwood and evergreen trees in the 30' Tree Preservation Buffer (the "Buffer") and indude recommendations for sustaining and enhancing the natural ecological Integrity of the .Buffer, with emphasis on preserving native tree species growing therein. The Oak POinteproperty owners association shall be obligated to promptly and faithfully carry out ead1 recommendation of the Expert at an aggregate cost not to exceed twice the amount of the most recent unexpended contribution of funds for such purposes received by it from the Broughton Maintenance Association, Inc., its successor, and other contributing person or organization, if any. We own the following lots in Broughton Block A, whid1 I believe are within 200 feet of the property for which the applicant seeks rezoning: 34, 41, 43, 46, 47, 49, 50, 51 and 53. By: cc: James Thweatt Curtis W. Young AIA Hl"L' DOUCLAS AVl'NUF. SUITE 605. DALLAS. TEXAS 75225 METRO: HJ7.5.Hl.5500 LAX: 214.368.7740 Letter from Garabedian Properties Dated June 24, 2006 Withdrawing their Opposition to the Rezoning Request A Certified Master Builder P.O. Box 1038, Colleyville, Texas.76~34-1038 garabedianproperties.com June 24, 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, Broughton, I am writing to withdrawal my opposition and state that I am in full support of the proposed rezoning of the property at 1600 Sanders Lane as it was shown to me last week. The concern I had about the community's impact on the trees has been availed. The developer has put substantial thought into site placement, green belts, tree conservation, landscape features and development layout. As it is apparent that they intend to bring an asset to the city and not just cram some houses onto acreage, I believe it will benefit all to have this development move forward in a timely fashion, It appears that the current property owner/users are unable or unwilling to care for the trees which I wish to preserve at the property's boundary so in a strange way, delaying this development may create more hardships for the trees than moving forward. As a firm believer of property rights and responsible development, I would ask the Planning & Zoning Commission to allow this project to move forward. The addition of rooftops will not only help Colleyville expand its commercial tax base but it will also take remove a negative that we have heard from some prospective buyers about our site (and possibly other like sites in Broughton) that backs up to land zoned commercial. Please note I have no finaneial interest in this project. I may decide at some point and time to build in the project, however, I have access to numerous building sites in the region so this project will have no effect on my ability to work or provide for my family. My change in opinion is based upon the evident efforts and energies the developer has placed into the plan and property owners have the right to proceed in the responsible development of their property. nity to submit my views on this zoning case, Metro 817-748-2669 Mobile 817-637-7245 mike@garabedianproperties.com Fax 817-749-6148 T f. Letter from Applicant Dated June 26, 2006 Agreeing to Modify Plan SITE PLANNING SAGf GROlJP INC. June 26, 2006 Colleyville Planning & Zoning Commission c/o BaITY LeBaron 100 Main Street Colleyville, TX 76034 In re: Zoning Case #Z06-12- The Villas at Oak Pointe (Subject Property) Mr. Chairman and Commissioners: Based upon our cfforts to work with our neighbors to address certain conccrns raised at the last Commission meeting, and in this ca<;e specifically addressing concerns raised by the developer and owners of those neighboring lots within the Broughton subdivision, we have agreed to modify our plan to include a 30' Tree Buffer along our joint boundary. In addition, the Broughton developer and Maintenance Association has jointly agreed with us to undertake a long term plan to assure the continued health of the trees within the agreed upon 30' tree buffer. Specifically, we have agreed on the following: I. A Zoning Plan Modification to establish a 30 foot wide conservation area on the east side of the Subject Property beginning onthe south side of the point where Sanders Lane extends (or is prcsently planned to extend) west into the Subject Property from Wyatt Drive and continuing south to the southeast corner of the Subject Property and from there west across the whole south sidc of the Subject Property, which conservation area wiII be perpetually owned and maintained by the property owners association of thc proposed development in order to preserve and enhance the natural ecological condition of the butfer area; T [ l 9 I 2 9 2 9 2. Obligation of the Property Owners Association ofthc Subjcct Property, by means ofa special condition in the proposed zoning ordinance, that: As needed, but no less often than once annually, the Oak Pointe property owncrs association (and its successors and assigns) shall cause a Texas-licensed arborist, who is expert in Cross Timbers silviculture, (the "Expert") to provide a written general evaluation of native hardwood and evergreen trees in the 30' Tree Preservation Buffer (the "Buffer") and include recommendations for sustaining and enhancing the natural ecological integrity of the Butfer, with emphasis on preserving native tree species growing therein, The Oak Pointe property owners association shall be obligated to promptly and faithfully calTY out each recommendation of the Expert at an aggregate cost not to exceed twice the amount of the most recent unexpended contribution of funds for such purposes received by it from the Broughton Maintenance Association, Inc., its successor, and other contributing person or organization, if any. f A X 9 l ,. 9 2 9 The Zoning Plan Modification identified in Item (1) above has already been included in the revised Zoning Plan Exhibit before you tonight. It is our intent that the language in Item (2) be added to the Special Conditions section of the zoning case, and be a part included as a part of your motion- should you vote to recommend approval. Sincerely yours, SAGE GROUP, INC. ~t<:.-tJ, G~, ~~ CUltis W. Young IA \J . Principal 8445 fREEPORT PARKWAY SUITE 660 IRVING. TEXAS 15063 , //'~- -~----------1- /- c / .~ N , , ~ n 1> " .... , ~ " " j ~ i ~ } ~~ " , - - -'r.li 11': ] & ;3 0;.; .;! , , ~~ U ~ oz z< z ~ ~~ } i~ 8 "'~ P o ! Zz C;~~ H~ ~~:f ~~d ~ ;,; " E h H~ ~h ~1:! ~;\ ~j z< ~.i E i "'~ "!:: j''' d H .!X ~~ gj r --, ~ \ I \ I \ \ I \ I \ I I , I , / I I I I ~ ! J I /j i 'J I 1101 , I I I I I . I E I 1____/ '" ),..r! (( ~ lJw<:",n.:nl))ffD~ : 'T1 and :SU!UOz 3u l~!JB-, - - - ' I I I \ , , If) ~ f..!!i\~~ ~ (()- ,~ ~\~ Cii, ' :::Jv ""'.~z !\ 01 ' <X) , I I I I I / / ~..;. ...~: )'~;; . ' 1 I I .... / '" '" !:;' '(f)~:r.'" '-. ~---(--'\l~ g" ).:"'" , ">;i~ n ,f \ \ x t' \"-l I J /-- \ I I ! u u H ,/ , " , , I / I / " I , I /'" I nll--~ ~==c,;' i j.j 1 n ~ ~ ~ I I ~ I o 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. 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 Co II eyville, Texas, be, and the same is hereby amended by changing the zoning of said property 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". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for 24 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 74 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 b. Single-family attached-homes with no more than one dwelling unit Ordinance 0-06-xxxx Page 3 of 5 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, g. Maximum Lot Coverage h. Maximum Height 2,700 square feet 30 feet 90 feet 5 feet none 5 feet or 18 feet for rear facing garage 90 percent 35 feet a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line 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. e. Side Building Line 6,608 square feet 56 feet 115 feet 15 feet or 20 feet for front facing garage 3 and 7 feet (maintain 10 feet separation) 20 feet 15 feet 58 percent 35 feet a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line 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 twenty two (22.9) 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. Ordinance 0-06-xxxx Page 4 of 5 6. SCREENING a. A six (6) feet in height, wooden screening fence shall extend along a portion of the northern boundary line and a portion of the eastern boundary line of this PUDR, as shown on Exhibit "0", b. A six (6) feet in height, masonry wall shall extend along the eastern and a portion of the northern boundary lines of this PUDR, as shown on Exhibit "0". c. A six (6) feet in height, wrought iron fence shall extend along the southern boundary line and a portion of the eastern boundary lines of this PUDR, as shown on Exhibit "0". 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. c. As needed, but no less often than once annually, the Oak Pointe property owners association (and its successors and assigns) shall cause a Texas-licensed arborist, who is expert in Cross Timbers silviculture, (The "Expert") to provide a written general evaluation of native hardwood and evergreen trees in the 30' Tree Preservation Buffer (the "Buffer") and include recommendations for sustaining and enhancing the natural ecological integrity of the Buffer, with emphasis on preserving native tree species growing therein. The Oak Pointe property owners association shall be obligated to promptly and faithfully carry out each recommendation of the Expert at an aggregate cost not to exceed twice the amount of the most recent unexpended contribution of funds for such purposes received by it from the Broughton Maintenance Association, Inc., its successor, and other contributing person or organization, if any. 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 Ordinance 0-06-xxxx Page 5 of 5 upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. 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. Sec. 8. 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. Sec. 9. 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: Matthew C. G, Boyle City Attorney Exhibit A - Zoning and Location Map 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 following tracts of land: that tract described In a deed to Michelle and Kim Smith, recorded in Volume 16398, Page 320, Deed Records, Tarrant County, Texas; 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 Records, 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 346, Deed Records, Tarrant County, Texas; and being described as one (1) tract by metes and bounds as follows: BEGINNING at a 5If1' ilun pin found wIh cap marked, "DCJNOY" lor the occupied nortt.aat comer of Mid Byu Survey, and tOr the noItheMt comer of Mid SmIh trad; THENCE South 00 degree 26 rnInutea 211eCOnds Eatt a dl8tance of 199.34 feet to a 1/Z' Iron pin found with cap marked, "BMr for the 00Itt>>aat comer of aaId Heidel tract; THENCE South 00 dogrcc 41 minutes 09 .ClOClIlda Eat adiatmcc 0(617.64 feet to. "8" iroa pin fouad with 0-.. madtcd, "B0IIIIduy Made:" for tho aoathoaat OClmCll" o(.aid Hcidc1lrallt; TIIENCE South 89 dqp'ec:a 12 miautca SS -0. Weat. diatmoc 0(262.34 feet to a SI8" iroa pin f<llllld with 0-.. madtcd, "BMl" for the ~t oomcr of.aid Hoidol tragt and fort1oc .outhcaat comer of.aid MaI'henoo tragt reaordcd in Volume 132BS, Paso 97; TIIENCE South 89 dqp'ec:a 1:1 minutea 11 -0. Weat. diataDoo of333.S1 feet to a SIB" iraa pin f<llllld with 0-.. madtcd, "BMl" for the aouthcaat oomcr of.lIid StiJaOlllrallt; THENCE South 89 dcsr- 36 miautca 48.000DdI Wcat a diataDoo of26S.34 feet to a SIB" iraa pipe fouad for the IOlIIhwcat comer of Mid StiJaoa Inct cd for tho IOldIIcMt oomc:r 0( Mid Harold and Andcnon tract; Metes and Bounds Description, (cont'd) TIIENCE South89.dc&t- 44 minuta 20 lcooada Wcot a diotango of 88.09 feet to a 5/lr'iron pipe fqupd.....IGUlIiMo&.___or~lIiQd/uMkqaa .....lI!I4fCl{....~ \lOmei' of Lot 4R-2-4, Block A, ~.Shoppiq v'.u.p AdditiOo; ~ to lIle'" nlOOrdcd in Cabinat A, Slide 8387, Plat boonIo, TImIIt Coanly, T_; TIIENCE North 432.91 feet to a 1/l"iron pipe foundforlhe aortheeot oomcrofLd 4R-2-1, Block A, of oaid Collcyville Shopping Village Addition; TIIENCE North 89 dcgnx:o 36111inuta 33 ICCOIIdo Wcot 8 cIiobmcc of 269.95 feet to the louth_t 00DlCll' of oaid Stowe tnat aDd to the louthcut oomcr ofLd lR. BIook A, CoIJcyville Shoppins ViDaac Addition, llOOllIding to lhe plat rcaordod in Cabinet A, Slide 5776, Plat RcoorcIo, T8IJ'Et County, T_; THENCE North 00 dcgrcc 34 minuta 33 lcoondo Wcot 8t 189.73 feet puling the ncx1luout 00DlCll' of laid Lot 1R. in all, 8 tota1 diotango of 219.96 feet to the IlCldlMat 00DlCll' of laid Stowe Ind; THENCE South 89 dcsrcco 48 minuta 13 ocooada Eool a diotacc of 146.64 feet along the north linc of oaid Stowe tract to IIlc _t linc at oaid Elodgo and Caaaody net; THENCE NORm 8 cIiotanac at 171.21 feet to 8 112" iron pin found fur lhe 1l<lI'Ih\wot oomcr of oaid Elcdsc Illd Camtcdy net; THENCE North 89 dcgnx:o 55 miaDtco 151CllCl11do Eut 8 diatanoc at 279.93 feet to 81/l" iron pin foaadfor the ooodhwcotoomcrofLd R-I4-1, BIook I, Collcyvi1lc IDdaIlriaI pam, oooordina to the plat nlOOrdcd in Cabinet B, Slide 606, Plat R.coordo, TlIIDIIl County, T_; THENCE South 89 degrees 58 minutes 05 8llClOnds East a dI8lanoe of 389.28leet to a sm- Iron pin found; THENCE Nof1h 69 degrees 53 minJl:es 58 seoond8 East a dI8lance of 83.96 feet to a sm- Iron pin found for the eouIhwe8t comer of Lot 1, Block " Fair Haven E8tate8, according to the pIlIt recorded In Catnlt A, Side 'Zl73, PIlIt Records, Tan.nt County, Texas; THENCE North 69 degrees 54 mlool88 24 seoond8 East a dI8lance of 56.85 feet to a sm- Iron pin found with yeIow cap for the northw8et comer of 88Id SmIh tract; THENCE North 89 degrees 58 mlrUes 13 8llCOIlds East a cllslance of 262. 70 feet to the POINT OF BEGINNING, said de8crIbed tract c:ontaInIng approximately 19.78 acres of land, of which approxh.......1y 0.64 of IIn acre 1& contained wIhln said ~-d__y eaaement. ____04IZ1If1llIlvAogorw. Hall, R.P.LS. _4414. _................__..-_ ~,..A*S...._ Exhibit C -Conceptual Site Plan :Ii ii I il~il I I III i ., ~.. "'lit ~. '. r 'i I it ~4+ 11 1\ I'; . i~.JiiJ; f < ~.::'~t.~:( .<..........:,;:.: ~.~r.:.~ /..-...~~<::~ e "\/~...:.:p~~...~.....~!1l."'> 1\)i~. : . ':j"..t'~'::~;;;i . -r~~.;~:; City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 W'W'N. colleyville. com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 07/10/06 Requester: Community Agenda No.: 9b Final Action: Development Department File Name: Case Z-06-016- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the w.e. Newton Attachments: Zoning and Location Map. List of Property Owners Notified . Proposed Lot Layout . Development Review Committee Memo Dated June 5, 2006 . Applicant's Response Dated June 14, 2006. Letter from Applicant Dated June 19, 2006. Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 06/26/06 Planning and Zoning Commission 1 07/10/06 Planning and Zoning Commission Title Case Z-06-016- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition Explanation U PDA TE 7/10/2006 At the June 26, 2006 Planning and Zoning Commission meeting this item was tabled until the July 24, 2006 meeting in order for the applicant to submit a preliminary plat application. Staff will renotify those property owners regarding the July 24, 2006 public hearing. STAFF REVIEW COMMENTS Keith Kithsiri has submitted a request on behalf of Invitation Park III, to rezone 20.15-acres of land located on the south side of Lavaca Trail, on the north side of L.D. Lockett Road. The property is currently zoned AG-Agricultural and R40-Single Family Residential. Request. Rezone from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential. City of Colleyville Page 1 Printed on 7/6/2006 Agenda Briefing Continued Location. The 20.15-acres is located at 909 and 1009 Lavaca Trail and 908 LD. Lockett Road. Platting. Two of the properties are platted and one property is not platted. The properties are currently developed as single family residences. The property owner has indicated plans to subsequently plat the properties into 32 lots upon approval of the rezoning request. Approval of a preliminary and final plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. This site is sufficiently large enough to accommodate a 32 lot development. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R20 zoning district. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses. The R20 zoning designation does not comply with the Colleyville Master Plan recommendation that estate lots be developed adjacent to collector streets. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north and east are zoned R40-Single Family Residential and are currently developed as single family residences. The properties to the west are zoned PUDR-Planned Unit Residential (Emerald Park Addition) and R40-Single Family Residential. The property to the south is zoned PUDR-Planned Unit Residential (Reatta Place Addition). Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be four (4) feet wide. Sidewalks along L.D. Lockett must be five (5) feet wide as it is classified as a collector street. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 32 lot development would add approximately 306 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 30 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. city of Colleyville Page 2 Printed on 7/6/2006 Agenda Briefing Continued Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 7/6/2006 Zoning and Location Map D Brice, Tony J & Mary B Brice 6021 Sterling Ln Colleyville,TX 76034 Christman, Mark 5825 Crescent Ln Colleyville,TX 76034 Emerald Park H A Inc 6420 Remington Pkwy Colleyville,TX 76034 Goodman Family Of Builders Lp 5808 W PIano Pkwy Plano,TX 75093 Hultquest, Philip P & Lily J 5712 Texas Trl Colleyville,TX 76034 Ly, Khanh H Etux Jennifer N 5911 Crescent Ln Colleyville,TX 76034 McIntosh, Doyle & Mary Fam Lp 8333 Thornhill Dr North Richland Hills,TX 76180 Moody, Jon Etux April 5935 Crescent Ln Colleyville,TX 76034 Palon, Jerry D 5918 Crescent Ln Colleyville,TX 76034 Perkins, Timothy B Etux Amber 6032 Sterling Dr Colleyville,TX 76034 Bvesco Lp 25 Highland Park Vlg Ste 100 Dallas,TX 75205 Clark, Edward G 6016 Sterling Ln Colleyville,TX 76034 Fleming, James W Jr Etux B F 5919 Crescent Ln Colleyville,TX 76034 Haber, Moshe 5846 Crescent Ln Colleyville,TX 76034 Isbell, Christopher Etux Kelly 6020 Sterling Dr Colleyville,TX 76034 Mahmood, Ghazanfar 5833 Crescent Ln Colleyville,TX 76034 McMurtrey, Wanda & D Issac 5838 Crescent Ln Colleyville,TX 76034 Neilson, Howard S Etux Shirley 5922 Crescent Ln Colleyville,TX 76034 Panchal, Prince H Etux Margari 6024 Sterling Ln Colleyville,TX 76034 Plain, Verl Etux Ruth Ann 909 W Lavaca Trl Colleyville,TX 76034 Chandler, Raman L 7001 Lismore Ct Colleyville,TX 76034 Damron, Kenneth B Etux Melanie 5830 Crescent Ln Colleyville,TX 76034 Gandy, R Craig 1117 W Ld Lockett Rd Colleyville,TX 76034 Haynes, Russell K Etux Susiana PO Box 1602 Colleyville,TX 76034 Lombardi, Angelo Etux Lori 5915 Crescent Ln Colleyville,TX 76034 Martin, Stephen L Etux Nan C 813 W Lavaca Trl Colleyville,TX 76034 Mittag, Andrew K Etux Janet A 901 W Lavaca Trl Colleyville,TX 76034 Ogle, Danny G & Ruth A 1009 W Lavaca Trl Colleyville,TX 76034 Periera, Vemon Etux Sharon 5842 Crescent Ln Colleyville,TX 76034 Reatta Place Hmowners Assoc 777 Trails End Cir Hurst,TX 76054 G;[ ~ el: ,:m ['./ ~i~.~ <[11'1 ~~I~~ "'e:.,....~ :::;;::~13'" W:;i" 3' ~c.~ ~ t~ i z g " o z ~ ~ eo =; o ;0 o z Z G> o ~ z G") m ;0 m 1D c m '" -I ..,., ;0 o s:: I~ o !I~ I I~ o 111' Hz,. po 1-1 !ll~ I~ ....... $: )> -< N ~ ~.;:o h;z z~ mm -I ~.~ )>ooz %~ZID!a )>(1)(1>2 ~ ~.~~)> g8~~6 ~. ~~ ~ )> ~ 8 z -i 0 N ;:a ~ 9 )> -l ~~ .-oc )>z (""""''''')> ~ G>(J") r- gjc: s;;: ~. 6 t:J c < -l ~ o z o z z ill ~ ::r: CP :::j ~~ ll\3i ~~ ~- ~ 1\ l~ I ! I I I I ! I i [ I 1 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 5, 2006 i TO Christine Measday (Kelli Engineering) FAX 817.379.1244 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-016 Lavaca Trail- AG & R40 to R20 The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. No Changes are Required for the Zoning Exhibit. The Following Comments Require a Response from the Applicant: 1. Pending approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R20 zoning districts. 3. Pending approval of the rezoning request, provide lot numbers for the open space lots and a note on future plats stating that the open space lots will be maintained by the Home Owner's Association. 4. Street names must be approved by the Fire Marshal during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 5. If the roadway between the two blocks will be blocked, an emergency access gate with Knox locks will be required. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 6. The Fire Department would prefer a controlled access gate with Opticon emitters that work from both directions. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 7. The brick road shall be capable of supporting a minimum of 65,000 pounds. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-06-016 LAVACA TRAIL-AG & R40 TO R20 IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be 4 feet wide. Sidewalks along LD. Lockett must be 5 feet wide as it is classified as a collector street. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Cormnission: City Council: Monday, June 26, 2006,7:00 p.m. Tuesday, July 18 and August 1,2006, 7:30 p.m. RESUBMITTAL REQUIREMENTS PAGE2oF3 DEVELOPMENT REVIEW COMMITTEE Z-06-016LAVACA TRAIL-AG & R40 TO R20 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, June 21, 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@cLcollevville.tx.us if you have any questions. PAGE30F3 Invitation Park III, LP P.O. Box 1178 Grapevine, TX 76099 June 14,2006 Chris Fuller Conununity Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Fax: 817-503-1059 Re: Z-06-016 Lavaca Trail Zoning C()mmen~ Dear Chris: I am writing in response to the comments received from the Development Review Committee on zoning case Z-06-016 Lavaca Trail. 1. Pending approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. Comment acknowledged 'The developer, Invitation Park llL L.P. (IP3), 'will submit a Preliminary Plat and Final Plat to the City upon approval of the zone change. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R20 zoning district. Comment acknowledged Allprovisions of the R-20 zoning district will be met and addressed in the Preliminary Plat that will be submitted to the City. 3. Pending approval of the rezoning request, provide lot numbers for the open space lots and a note Qn future plats stating that the open space lots will be maintained by the Home Owner's Association. Comment acknowledged Lot numbers for open space lots and a note on future plats stating that the open space lots will be maintained by an BOA will be provided on the Preliminary Plat. IP 3 }'I!il/ establish an HOA responsible for maintenance of those areas prior to the sale of lots to individual builders. 4. Streetmunes must be approved by the Fire Marshall during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. Commen/acknowledged. Street names will be submitted to Rob McKeown for approval at the time ofplatting, 5. If the roadway between the two blocks will be blocked, an emergency access gate with Knox locks will be required. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. Comment acknowledged An emergency access gate with Knox locks will be installed between the wvo block,<;. 6. The Fire Department would prefer a COl1trolledaccess gate with Opticon emitters that work from both directions. ContactRob McKeown, Fire Marshall, 817-251-8757, for more infortnat16n. Comment acknowledged IP 3 will research the Opticon system.. and will install it if it is fiJund to be reasonably economical and ifelectric requirements can be met at the location of the access gate. At a minimum, the developer will provide an access gate with Knox locks. 7. The brick road shall be capable of supporting a minimum of 65,000 pounds. Contact Rob McKeown, Fire Marshall, 817-25-8757, for more information. Commen/acknowledged. $:ellie Engineering, Inc. will research the proposed pavers to ensure that the minimum 65, 000 pounds can be supported, and will submit information from the maltafaoturer supportj,1:rgtkatclaim. lfitisfoundthat the pavers cannot meet the City's requirement, a concretedtive, meeti.11g City standards, will be installed for the emergl3ncyaccess. If you have any questions, please do not hesitate to call. .P. A"~~~_'__.___~'~_'__________~ KELLIE ENGINEERING. INC. June 19,2006 Planning & Zoning Commission c/o Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Z-06-016 Lavaca Trail Zoning Application Dear Commission Members: The original Concept Plan and Zoning Request for the Lavaca Trail property was denied at the May 8, 2006 Planning & Zoning Commission meeting, After this meeting we revised the Concept Plan and have submitted a new zone change request for your consideration. The new request is for the entire 20.15 acres to be rezoned to R-20. We believe this new Concept Plan addressed the three major concerns oithe Planning & Commission and the Emerald Park BOA t..qat were expressed at the May 8, 2006 Commission meeting; specifically: 1. Cut-through traffic behind the Emerald Park subdivision f"i:om L.D. Lockett Road to Lavaca Trail. The proposed layout with two cul-de-sacs solves the cut-through traffic issue. A locked gated emergency-access only driveway is proposed between the two cul-de-sacs. Preliminary discussion l.....ith Rob McKeown, Fire Marshall, indicated this solution is acceptable to Police/Fire as long the gate type and pavement rating meet City standards. The developer also prefers this lay-out. 2. The Emerald Park HOA did not want a street irrunediately east of their subdivision (especially a cut-through street). Concern acknowledged. The new layout has centrally located streets with lots on both sides of the street. Residential lots now adjoin Emerald Park The Applicant prefers this new layout. 3. The Emerald Park HOA has expressed concerns about the surface drainage from the east which current drains towards Emerald Park. Concern acknowledged. The new layout proposes 2 HOA maintained Open Space areas which will also provide areas for storm water detention. It is the Applicant's intention to landscape these areas so both a landscape and drainage value can be derived from them. 200 Rufe Snow Drive North, Suite 120, Keller, TX 76248 Tel: 817.379.1225 Fax: 817.379.1244 CONSULTING CIVIL ENGINEERS' PLANNING. DESIGN ifj:GltIEl1lNG 1NC Planning & Zoning Commission June 19, 2006 Page 2 of2 .~~.J;__~J.~.~J_..J;_ Invitation Park III (the Applicant) represented by Dan Bryson and Keith Kithsiri; and myself met with the Emerald Park Homeowners Association (BOA) on Jlme 1,2006 to present the new Concept Plan with two cul-de-sacs with an emergency access between them. The initial response. of the BOA was very positive. A week after the meeting, the Emerald Park BOA inquired if the Applicant would consider resubmitting the zoning case as PUD (R -20 general criteria) to ensure the design is conformance \.-'lith the Concept Plan. The BOA wanted a mechanism to ensure the project would be developed as shown. The Applicant is committed to developing the site as shown on the Conceptual Layout. Atthis time the Applicant would like to proceed with the current R-20 zoning request, a pun is not the appropriate vehicle for "locking in" desired elements of the Concept Plan. A PUD would require that all of the engineering and platting issues be addressed prior to your consideration. As the site can successfully developed under R-20 criteria we would like to proceed in this direction. At this time the site is being field surveyed for platting and engineering design. Minor design changes to lot lines, detention areas, and open space areas may become necessary during the engineering design process to locate utilities, drainage structures, or other features. Additional open space / medians may be added at the entranceways on Lavaca Trail and L.D. Lockett Road when these entranceways are landscape designed. Some flexibility is needed in the design process, which is also an opportunity to further enhance this design. The Emerald Park BOA has asked for a landscaped area with park benches along L.D. Lockett adjacent to their open space. The developer would like to accommodate this request but needs flexibility for the final design. The Planning and Zoning Commission and City Conncil will have the opportunity to review both the Preliminary Plat and Final Plat which will incorporate the engineering design and any enhancements to the open space. Sincerely, Kellic Engineering, Inc. t~aMf ~ Edward T, Kellie, P .E. ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 20.15 ACRES OF THE LOTS 2 AND 3 BLOCK 1 OF THE LA V ACA TRAIL ADDITION AND W.C. NEWTON SURVEY, FROM THE AG-AGRICUL TURAL AND R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Keith Kithsiri on May 26, 2006, under Case No. Z-06-016; 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 Ordinance 0-06-xxxx Page 2 of 3 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural and R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect Ordinance 0-06-xxxx Page 3 of 3 immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secreta ry David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" R-40 EXHIBIT "B" CURRENT ZONiNG AG PROPOSED IOr~wG PA~C,EL t l.,tI!th~!)lad in Ih~R.N M(;,E,.i~lSy,.'e'v. Ab;slrQcl 'rcrf'<ml..C~flly. VI>>:<:!$ ond bt!n; a alor Lo4t gild 3" LOV04;Q Troll "'141.~ Pb~, of the PIal ~'ord~~ T , 1 I7!d b~ Mij;r~ pQrli,,,,of'l'f Ph~ 11anH~~,f (.Q(~t . iJo<:k I, _ ~5S2.q. PQi' 266. R. 'f' CT. N~th89 ~ 5~ '~9# E"M~. di~IOOci! l:J'4Ui I~ feel otonq the -w<J'I '" U'VO~Q TrQl; IQ -Cf p(llnJ ~Qr corn~y Qlso lfl9 . tortlel 01 Lo:l I. ~. t af titud ltlv~<:o froil Addl' W~1Itl I lG6iL 04 leftlld ~ Ib~..ncr'ttb~'14~'" Qf W ,C t~e'N~<:l~ In V(jNm~ 3e6- 42, Paide a. P . r. c. r , . . '." .._~_.~,--,.,.~_._,--~--~-,.,--~----=-~~...-.------- PARCEL 2 9.96 CURREN r ZONING I R- PROPOSEO ZOI1ING l ff'-20 L. Oe~(r~plltm BeJt'19 f;j t,el oli;)'~dsmJa.ld if1tMW.C... NI'w~on liur'l.fiY I Ab$lr(l<:1 No ,He City ,~f c;t\)lfftV"iDe ~ ". Twr~N Cour1kV. r61lX~ cmdbeiog 0 S ,69Q<:rtt ll~rG~of .It)lld .~b~fng pttrt Of. lh~W , C , ,. New~~ 5ubd is .~r"d \{01Ymil~S-42. l(ll 'hI P1at Rt"orl:1i 01 rOHof'll I,P "R.. 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