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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/24/2006 . """""'" City of Colleyville Meeting Agenda Planning and Zoning Commission Monday, July 24, 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 Duffy 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 10, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Case P-06-038 - Approval of a Preliminary Plat for Lots 1-8, Block 1, Lots 1-8, Block 2, Lots 1-9, Block 3, Lots 1-7, Block 4 of the Lavaca Trail Estates Addition on 20.09 acres located at 909 and 1009 Lavaca Trail and 908l.D. Lockett Road City of Colleyville Page 1 Printed on 712012006 9. 9a 10. 11. 12. Planning and Zoning Commission Meeting Agenda July 24, 2006 8. PUBLIC HEARING AGENDA ITEMS 8a Case P-06-036 - PUBLIC HEARING - Approval of a Final Plat on Lot A-1 and A-2, Block 3 of the Highland Acres Addition being a replat of Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South TABLED AGENDA ITEMS 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 Addition STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT: ~O~:,., agenda was posted on the bulletin boards at City Hall on July 20, 2006 by 5:00 PM. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 712012006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Minutes Summary - Draft Monday, July 10, 2006 7:00 PM City Council Chambers Planning and ZoninQ Commission Planning and Zoning Commission Meeting Minutes Summary - Draft July 10, 2006 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 Chris Fuller presented the case and briefed the Commission. Commissioner Bartkowski moved to approve case P-06-032. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 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 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly moved to approve case P-06-035. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 8a Case P-06-033 - PUBLIC HEARING -Approval of a Final plat on Lots 1 R and 2R, Block 23 of the Highland Acres Addition and Tract 1 G 1, Abstract 206 of the BBS & 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 Chris Fuller presented the case and briefed the Commission. Commissioner Taylor questioned staff regarding if the accessory bUildings will be removed after the applicant has constructed a new home and received the Certificate of Occupancy? Chris Fuller replied correct. Commissioner Dudziak questioned staff regarding if both lots pay impact fees? Chris Fuller replied just the one lot. Commissioner Dudziak questioned staff regarding if the wells on the, what would be the second lot, are servicing the current home? Chris Fuller replied the applicant may have the answer to that question. Commissioner Byerly opened the public hearing at 7: 10 P. M. There being no one wishing to speak, the public hearing was closed at 7:10 P.M. She/lie Haas, 405 and 409 Timberline Drive South, the applicant, replied the wells are not in use, the property is hooked up to city water. City of Colleyvi/le Page 1 Printed on 7/11/2006 Planning and Zoning Commission Meeting Minutes Summary - Draft July 10, 2006 Commissioner Blassingame moved to approve case P-06-033. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 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 Chris Fuller presented the case and briefed the Commission. Commissioner Taylor questioned staff who will go on the lot next to Starbucks? Chris Fuller replied not knowing at this time. Commissioner Byerly opened the public hearing at 7:14 P.M. There being no one wishing to speak, the public hearing was closed at 7: 15 P. M. Barry LeBaron discussed with the Commission regarding the division of the property is for financial purposes. Staff is cu"ently working on the Church Street realignment. Commissioner Taylor questioned staff regarding if this is the same proeprty that a bank was going to be constructed? Barry LeBaron replied yes, at the time the developer thought there would be a bank on this lot. Commissioner Taylor moved to approve case P-06-034. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 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 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:20 P.M. There being no one wishing to speak, the public hearing was closed at 7: 20 P. M. Commissioner Bartkowski questioned staff if anything is on the site at this time? Barry LeBaron replied there is a house. The applicant stated the house has been removed. Commissioner Bartkowski questioned staff regarding if this will have any effect on the new impact fees? Barry LeBaron replied no, this will be a commercial development and they will have to pay the full impact fee at the time of platting. Commissioner Byerly questioned staff regarding what is the lot size? Chris Fuller replied.74 acres. City of Co/Jeyville Page 2 Printed on 7/1112006 Planning and Zoning Commission Meeting Minutes Summary - Draft July 10, 2006 Commissioner Bartkowski moved to approve case Z"()6"()18. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 9a Approval of 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, Case Z-06-012 Commissioner Byerly recused himself from this agenda item. Commissioner Blassingame made motion to remove case Z-06-012 from the table. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 4 - McCormick, Bartkowski, Taylor, Blassingame Nay: 1 - Dudziak Absent: 1 - Duffy Abstain: 1 - Byerly Commissioner Blassingame questioned City Attorney Matthew Boyle regarding the procedures for this agenda item. Attorney Boyle stated the public hearing for this agenda item was previously held and closed. Now that it is off of the table, it is right for action and consideration by the Commission. Commissioner Blassingame volunteered to Chair the meeting in the Vice Chair's absence. All approved by acclamation. Commissioner Taylor moved to approve case Z-06-012. Commissioner Bartkowski seconded. Commissioner Dudziak questioned the Chair regarding if this motion includes all of the amendments? Commissioner Blassingame replied yes. Commissioner Taylor questioned for clarity what were the amendments other than the 30 foot right of way at the back of the development. Commissioner Blassingame stated the tree preservation area. Barry LeBaron stated as well the Homeowner's Association was to maintain the tree preservation area and that they would annually hire an expert to do an evaluation of the tree area to make sure the trees remain healthy. The developer has agreed to that condition which has been placed in the draft ordinance. Commisisoner Bartkowski suggested friendly amendments in addition to the previous amendments regarding no roof top mechanical instruments, being air conditioners and no rear carports. Commissioner McCormick stated the 18 foot rear turn around has been revised as well. Barry LeBaron replied yes, it has been revised by shifting the rear set back line to accomodate turning into those rear garages. The Commissioners and staff discussed several options for the rear driveways. Staff stated the rear driveways would have to consist of concrete and be 24 feet wide to City of Colleyville Page 3 Printed on 7/11/2006 Planning and Zoning Commission Meeting Minutes Summary - Draft July 10, 2006 accomodate the fire apparatus weight. Commissioner Taylor moved to approve case Z-06-012 as discussed with all of the amendments. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 4 - McCormick, Bartkowski, Taylor, Blassingame Nay: 1 - Dudziak Absent: 1 - Duffy Abstain: 1 - Byerly 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.e. Newton Addition Bany LeBaron stated staff recommend this item remained tabled until the applicant has the plat ready. There was no action taken on this agenda item. City of COlleyville Page 4 Printed on 7/11/2006 + 'lbx"", 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: 07/24/2006 Requester: Community Agenda No.: 7a Final Action: Development Department File Name: Case P-06-038- Approval of a Preliminary Plat for Lots 1-34, Block 1 of the Lavaca Trail Estates Addition on 20.09 acres located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Attachments: Zoning and Location Map. Development Review Committee Memo Dated July 17, 2006 . Applicant Response Dated July 19, 2006 · Plat History of Legislative File Version: Date: Acting Body: 1 07/24/2006 Planning and Zoning Commission Title Case P-06-038 - Approval of a Preliminary Plat for Lots 1-8, Block 1, Lots 1-8, Block 2, Lots 1-9, Block 3, Lots 1-7, Block 4 of the Lavaca Trail Estates Addition on 20.09 acres located at 909 and 1009 Lavaca Trail and 908 l.D. Lockett Road Explanation STAFF REVIEW COMMENTS Keith Kithsiri is the potential developer of 20.09-acres located on the south side of Lavaca Trail, on the north side of L.D. Lockett Road. The developer has submitted a preliminary plat to develop the property into 34 lots for the construction of 32 new single-family residences and two open space detention lots. Zoning. The properties are currently located within the Ag -Agricultural and R40 - Single Family Residential zoning districts. An application to rezone the properties to the R20- Single Family Residential zoning district is also on the agenda for consideration. At the June 26, 2006 Planning and Zoning Commission meeting the Commission tabled the rezoning request in order for the applicant to submit a preliminary plat application. 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 residential lots meet the lot development requirements of the R20 zoning district. Sidewalks and Trails. The Land Development Code requires sidewalks on L.D. Lockett City of Colleyvllle Page 1 Printed on 712012006 Agenda Briefing Continued Road, Lavaca Trail and interior streets. The sidewalk on l.D. Lockett Road must be five feet in width and constructed as part of the public improvements to the property. Lavaca Trail and interior sidewalks must be four feet in width and constructed as part of the public improvements to the property. Drainage. This project provides two open space lots within the subdivision 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 Lavaca Trail and l.D. Lockett Road are considered unimproved streets and the plat contains more than one residential lot. The developer is dedicating additional right-of-way along Lavaca Trail and l.D. Lockett Road 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 approximately 416 feet of frontage along Lavaca Trail and approximately 318 feet of frontage along l.D. Lockett 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 Clerk's Office. Summary. The applicant has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyvll/e Page 2 Printed on 7/2012006 Zoning and Location Map D CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 17, 2006 TO Kellie Engineering FAX NO 817.379.1244 FROM Chris Fuller, Development Coordinator SUBJECT P-06-038 Lavaca Trail preliminary plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Section 9.17.B.5.d of the Land Development Code addresses the maximum number of lots served on a cul-de-sac. A maximum of 12 lots may be served on a cul-de-sac in the R20 zoning district. A waiver request from the maximum number of lots will be required by the City Council to approve the preliminary plat as proposed. Staff recommends that each cul-de-sac provide a street stub-out for future roadway connectivity to the adjacent undeveloped properties. 1bis will reduce the number of lots served along the cul-de-sac and will aid future residential design as the adjacent properties develop. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. '--- 2. Chantals Court exceeds 1,200 feet as allowed by the Land Development Code. A waiver request from the maximum length of a cul-de-sac will be required by the City Council to approve the preliminary plat as proposed. Staff recommends a street stub-out for future roadway connectivity to alleviate the need for a waiver request. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 3. Offsite drainage easement will need to be the minimum of 15-feet wide and the document covering the off site easement will need to be provided. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 4. Additional hydrants will be needed. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more infonnation. 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-Q6-Q38LAVACA TRAIL 5. Both cul-de-sacs will require a 50-foot outside turning radius. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 6. The emergency access easement will be required to support sixty five thousand pounds and have an Opticom emitter that operates from either direction with battery back -up and Knox key back-up. The easement is required to have an unobstructed width of 24-feet in width. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 7. The emergency access easement relieves the development from the residential sprinkler requirement, providing the homes are less than 6,000 square feet. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 8. Both streets and all fire hydrants must be developed prior to the release of any building permits for this development. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. In Your Response Letter, Acknowledge the Following Information: 9. The preliminary plat may not be approved by City Council until the rezoning case has been approved. PERIMETER STREET IMPROVEMENTS. Perimeter street improvement ftes are due at the time of approval of the plat. Perimeter street improvements are required for the newly created lots since L.D. Lockett Road and Lavaca Trail are considered an unimproved streets. 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 minimwn levels of public facilities and accessibility to the site for the delivery of emergency services. PARKLAND DEDICAnON FEES. Parkland dedication ftes 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. SIDEWALKS. The Land Development Code requires sidewalks on L.D. Lockett Road, Lavaca Trail and interior streets. The sidewalk on L.D. Lockett Road must be five (5) feet in width and constructed as part of the public improvements to the property. Lavaca Trail and 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 PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-06-038LAVACA TRAIL 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. ROADWAY $1,589 per dwelling tmit for SINGLE FAMILY RESIDENTIAL uses for new lot. 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 l-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SewER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 24, 2006, 7:00 p.m. Tuesday, September 5, 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 19,2006, in order to make the scheduled hearings. Please contact me at fullerc@cLcolIeyville.tx.us or 817.503.1054 if you have any questions. PAGE30F 3 KELLIE ENGINEERING, INC. July 19> 2006 Chris Fuller Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Fax: 817-503-1059 Re: P-06-038 Lavaca Trail- Preliminary Plat Comments Dear Chris: I am writing in response to the comments received from the Development Review Committee on the preliminary plat, Case No. P-06-038, for the Lavaca Tmil subdivision. Revisions to the Plans: 1. Per staff recommendation, a street stub has been added to the east to for future connectivity and to eliminate cul-de-sac in excess of 12 lots. 2. Per staff recommendation, a street stub has been added to the east to for future connectivity and to eliminate cul-de-sac in excess of 12 lots and 1200 ft max. length. 3. Acknowledge comment, will attempt to secure 15' offsite drainage easement. Developer is aware all off site easements are required to be executed prior to submitting Final Plat. 4. Acknowledge comment. Will coordinate final placement of fire hydrants with Fire Marshall prior to submitting construction plans. 5. Cul-de-sacs revised to 60' radius to allow for 50 paving radius for emergency vehicles. 6. Will coordinate paving section and gate on cul-de-sac to cul-de-sac emergency access to ensure 65,000 lb vehicle rating and gate access meet Fire Dept. criteria. 7. Homes greater than 6,000 sfwill require residential sprinkler systems. 8. Developer commits to building both streets (no phasing) of project at the same time. Developer acknowledges no building permits 200 Rufe Snow Drive North, Suite 120, Keller, TX 76248 Tel: 817.379.1225 Fax: 817.379.1244 CONSULTING CIVIL ENGINEERS. PLANNING. OI;S.r..... . KELLIE EfiGiNEER:ING. '"t Chris Fuller July 19, 2006 Page 2 of3 Development Comments: 9. The preliminary plat may not be approved by the City Council until the rezoning case has been approved. The developer, Invitation Park Ill, L.P. , acknowledges comment. 1. Perimeter Street Improvement fees will be due at the time of approval of the plat. The developer, Invitation Park Ill, L.P., acknowledges comment and will pay fee at time of plat approval. 2. Parkland Dedication fees will be due at the time of approval of the plat. The developer, Invitation Park Ill, L.P., acknowledges comment and will pay fee at time of plat approval. 3. A 5' sidewalk will be required along L.D. Lockett Road, 4' sidewalks will be required along Lavaca Trail and along the interior streets. The developer, Invitation Park Ill, L.P., acknowledges comment. Developer will install sidewalk along L.D. Lockett, Lavaca Trail, and in front of BOA areas with the subdivision construction (this will be included in Construction Plans). Builders will install interior sidewalks with each home. 4. Tree Preservation. The developer, Invitation Park Ill, L.P. , acknowledges comment. 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City of Colleyville Agenda Briefing 100 Main Street COlleyville, Texas 76034 (817) 503-1000 www.colleyvil/e.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 07/24/2006 Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Case P-06-036 - PUBLIC HEARING -Approval of a Final Plat on Lot A1, Block 3 of the Highland Acres Addition being a replat of Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South Attachments: Location and Zoning Map . Development Review Committee Memo Dated June 27, 2006 . Applicant Response Dated June 30, 2006 · Plat History of Legislative File Version: Date: Acting Body: 1 07/24/2006 Planning and Zoning Commission Title Case P-06-036 - PUBLIC HEARING - Approval of a Final Plat on Lot A-1 and A-2, Block 3 of the Highland Acres Addition being a replat of Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South Explanation STAFF REVIEW COMMENTS Dean Owens has submitted a replat to subdivide 1.46-acres of land located at 413 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 create two lots for the construction of single family residences. Zoning. The property is zoned R30-Single Family Residential. The R30 zoning district requires a minimum lot width of 125 feet and lot depth of 125 feet, and a minimum lot area of 30,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. The Land Development Code requires front yard setbacks along both roadway frontages of corner lots. Lot A-2 is required to extend the 35-foot front yard building line along the portion of the lot that is adjacent to Bransford Road. The applicant has requested to reduce the building line along Bransford Road to 30-feet. Staff conducted a visual survey of homes City of Col/eyvi//e Page 1 Printed on 7120/2006 Agenda Briefing Continued along this street and determined this setback to be consistent with the amount of setback existing for other homes along Bransford Road. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for 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 Clerk's Office. Sidewalks and Trails. The Land Development Code requires sidewalks on Bransford Road and Timberline Drive South. The sidewalk on Bransford Road must be five feet in width and constructed as part of the public improvements to the property. The sidewalk on Timberline Drive South must be four feet in width and constructed as part of the public improvements to the property. Perimeter Street Improvement Requirements. Perimeter street improvements are required since Bransford Road is considered an unimproved street and the plat contains more than one residential lot. The developer is dedicating additional right-of-way along Bransford Road 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 228 feet of frontage along Bransford Road. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided an aerial photo 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 owner's surveyor has addressed all Development Review Committee comments. With the exception of the setback on Lot A-2, 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 Colleyvllle Page 2 Printed on 712012006 o <{ o <{ "<:t CJ o N f ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 27, 2006 TO Dean Owens FAX NO 817.503.2179 FROM Chris Fuller, Development Coordinator SUBJECT P-06-036 Lot A, Block 3 of the Highland Acres Addition - replat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Remove the Staff signature block. Add the Planning and Zoning Commission signature block: PLANNING AND ZONING COMMISSION ApPROVAL WHEREAS The Planning and Zoning Commission of lhe City of Colleyville, Texas voted affirmatively on lhis _ day of . 20-, to approve this Plat Chainnan, Planning and Zoning Commission Attest Secrelaly, Planning and Zoning Commission 2. Correct the spelling of the title block, beginning with the words "Being Tract A. . . " 3. Correct the spelling of the ftrst line in the dedication certiftcate, beginning with the words "Being Tract A. . ." 4. Provide 37.5-feet of right of way along Bransford Road. Contact Robert Woods, 817.503.1 094, Engineering Department, for more information. 5. Provide a 10-foot utility easement along the west property line of Lot A-I. Contact Robert Woods, 817.503.1094, Engineering Department, for more information. 100 Main Street, COlleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-o36 413 TIMBERLINE OR 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 ftes are due at the time of approval of the plat. Perimeter street improvements are required for the newly created lots since Bransford Road 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 minimwn levels of public facilities and accessibility to the site for the delivery of emergency sefVIces. PARKLAND DEDICATION FEES. Parkland dedicationftes 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. SIDEWALKS. The Land Development Code requires sidewalks on Bransford Road and Timberline Drive South. The sidewalk on Bransford Road must be five (5) feet in width and constructed as part of the public improvements to the property. 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. ROADWAY 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 1 -inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE PAGE 20F 3 DEVELOPMENT REVIEW COMMITTEE P..oo-o36 413 TIMBERLINE DR 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.colleyville.tx.us or 817.503.1054 if you have any questions. PAGE 3 OF 3 June 30, 2006 TO: City of Colleyville Development Review Committee Chris Fuller, From: Dean Owens Subject: P-06-036 Lot A, Block 3 of the Highland Acres Addition-replat Chris, this is an acknowledgement of the letter from the Committee dated June 27 Th. 2006 and addresses the comments Numbered one thru five. All comments have been corrected and or changed and understood. ~ ~~:~ the copies of the replat as you have requested. Lii::.r!);;:;:oa W!!il 1:11',' lll,1 " !-,.J i ~ :: ! ~ ' I' I . . II) f. .. . -.&- , ~ ~ ~:i! II 'G if" ":t '. w ~:I ~ II ~e ~~ II ........,,:.~ - --- --- I II I t' I II I I !I I: II I ~I I e l ',11 ~ I II .. I f I , I L _ ~~ _ _ I f I~ ~! I lit U I '1 ;= I .: " I~ ~4 ..,~ ~ - - - - _'fW..:!!... _ ---1 I I ~-1~________ ... .......... "'"'ld.h- Ti1.t;,;;- & , :gi~;II'U '.11 ~"" ~ i ~g '-I '11 5 . J :1 II . .~ ,I " ~ ,I ~t lei /1 . .' I · . I I " << .! Il:~&.i .,ft I~ ~.~ J! II I .:t::;~ ~ f- . 'I' J: I I II I 'i ~ I tJ I' ! .' ~ 't I nip iii · , ~~ cfU I ' . ~ ~.~!! Ii I ',I ~i ~I!,!I . + 1\1x..... City of Colleyville Agenda Briefing 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: 07/24/2006 Requester: Community Agenda No.: 9a 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.C. 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: 1 06/26/2006 Planning and Zoning Commission 1 07/10/2006 Planning and Zoning Commission 1 07/24/2006 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.e. Newton Addition Explanation UPDATE 7/24/2006 At the June 26, 2006 Planning and Zoning Commission meeting this item remained tabled until the July 24, 2006 meeting in order for the applicant to submit a preliminary plat application. Staff renotified property owners regarding the July 24, 2006 rezoning 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. City of Colleyvllle Page 1 Printed on 7120/2006 Agenda Briefing Continued Request. Rezone from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential. Location. The 20.15-acres is located at 909 and 1009 Lavaca Trail and 908 l.D. 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 Colleyvllle Page 2 Printed on 712012006 Agenda Briefing Continued Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyvllle Page 3 Printed on 712012006 Zoning and Location Map D NORTH Brice, Tony J & Mary B Brice 6021 Sterling Ln CoIleyville,TX 76034 Christman, Mark 5825 Crescent Ln Colleyville,TX 76034 Emerald Park H A Inc 6420 Remington Pkwy CoIleyville,TX 76034 Goodman Family Of Builders Lp 5808 W PIano Pkwy Plano,TX 75093 Hultquest, Philip P & Lily J 5712 Texas Trl CoIleyville,TX 76034 Ly, Khanh H Etux Jennifer N 5911 Crescent Ln Colleyville,TX 76034 McIntosh, Doyle & Mary Fam Lp 8333 Thornhill Dr North Riehl and HilIs,TX 76180 Moody, Jon Etux April 5935 Crescent Ln Colleyville,TX 76034 Pal on, Jerry D 5918 Crescent Ln ColleyvilIe, TX 76034 Perkins, Timothy B Etux Amber 6032 Sterling Dr CoIleyvilIe, TX 76034 Bvesco Lp 25 Highland Park Vlg Ste 1 00 Dallas,TX 75205 Clark, Edward G 6016 Sterling Ln ColleyvilIe, TX 76034 Fleming, James W Jr Etux B F 5919 Crescent Ln CoIleyville,TX 76034 Haber, Moshe 5846 Crescent Ln Colleyville,TX 76034 Isbell, Christopher Etux Kelly 6020 Sterling Dr CoIleyville, TX 76034 Millnnood,Ghazanfar 5833 Crescent Ln ColleyvilIe, TX 76034 McMurtrey, Wanda & D Issac 5838 Crescent Ln Colleyville, TX 76034 Neilson, Howard S Etux Shirley 5922 Crescent Ln CoIleyvilIe,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 ColleyvilIe, 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, Vernon Etux Sharon 5842 Crescent Ln Colleyville, TX 76034 Reatta Place Hmowners Assoc 777 Trails End Cir Hurst,TX 76054 ~ ~:o ~ h;Z .;' Z ~ )>() ~o~i 8 ~~Z~ -f 2 ~ ~~~~~ ~ N () -< 88~~~ 0; B3)> ~ ~~~i~Ujj~~~ ~~ngm C}: ~~ ~ d :::: <- s ~~ --, en o z !!~l~~i I~ :::;:::;1;' R'R~ i.. ~ ~g ~~><. :::~ tlo"'=f"'.... .. o;:OIi~C>>_ _~:L" ~ ~ r;; [~tGl~JI~ :::;.... 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I +,.........~_.~._. ,/ :i ~g ~.- f' ~'L~ - ~; :~i* i j .~ i.;:::- i I ..J t I! ~! ~- j'>\ .,8n-'/ \\ I / ; / ,. 1'-" ' ~~~'"t- ~~_-_~-_- _I' '" -:---..k_ . , " ~~-i- '1'Z t':O ,'" ...._L~.. ~'{ :~~...;i 'i.' 'j -J ~~. , (~ r ;. ~ ~:;-- '~'i: =Pict:i i ~}1 .f.~-~-:J ~ -'. ..., " .~l~~.__j . ..i<"-----~- t ~ .,.,- ~~-.. ~~ '~UH' \~ t \ J IV -)I; ~~ ~~ ~.. ~ r--- "",_.. ) ~ fTI".J i ~ I; ~ ~ r t I r CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 5, 2006 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-Q6-Q16 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 infonnation 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 1 -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 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. 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 arol.U1d 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. SInEW ALKS. 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 L.D. Lockett must be 5 feet wide as it is classified as a collector street. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City COtulcil: Monday, Jtule 26,2006, 7:00 p.m. Tuesday, July 18 and August 1, 2006, 7:30 p.m. RESUBMITTAl REQUIREMENTS PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-Q6..()16LAVACA 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 fullerclikl.collevville.tx.us if you have any questions. PAGE 3 OF 3 Invitation Park HI, LP P.O. Box 1178 Grapevine, TX 76099 June 14,2006 Chris Fuller Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Fax: 817-503-1059 Re: Z-06-016 Lavaca Trail Zoning Comments Dear Chris: I am writing in response to the comments received from the Development Review Committee on zoning case Z-06-016 Lavaca Trail. I. 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 III, 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 All provisions 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 on 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. IP3 will establish an BOA responsiblejOr maintenance of those areas prior to the sale of lots to individual builders. 4. Street names must be approved by the Fire Marshall during the platting process. Contact Rob McKeown. Fire Marshall, 817-251-8757, for more information. Comment acknowledged Street names will be submitted to Rob McKeown for approval at the time of platting. 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 two blocks. 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. Comment acknowledged IP 3 will research the Opticon system, and will install it if it is found to be reasonably economical and if electric 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. Comment acknowledged Kellie Engineering, Inc. will research the proposed pavers to ensure that the minimum 65,000 pounds can be supported, and will submit information from the manufacturer supporting that claim. If it is found that the pavers cannot meet the City's requirement, a concrete drive, meeting City standards, will be installed for the emergency access. If you have any questions, please do not hesitate to call. 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 of the Planning & Commission and the Emerald Park HOA that were expressed at the May 8, 2006 Commission meeting; specifically: 1. Cut-through traffic behind the Emerald Park subdivision from 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 with 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 immediately 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 . KELLIE f'*GlhfiRJNG.I1#( Planning & Zoning Commission June 19, 2006 Page 2 of2 Invitation Park III (the Applicant) represented by Dan Bryson and Keith Kithsiri; and myself met with the Emerald Park Homeowners Association (HOA) on June 1,2006 to present the new Concept Plan with two cul-de-sacs with an emergency access between them. The initial response of the HOA was very positive. A week after the meeting, the Emerald Park HOA inquired if the Applicant would consider resubmitting the zoning case as PUD (R-20 general criteria) to ensure the design is conformance with the Concept Plan. The HOA 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. At this time the Applicant would like to proceed with the current R-20 zoning request, a PUD 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 I 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 HOA 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 Council 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, Kellie Engineering, Inc. t:~wJ ~ 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 Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" R-40 EXHIBIT "B" PARCEL I 10 .20 ACRES CURRENT ZONINGi AG' PROPOSED ZONFNG. R-20 Le9'CiI O.e1triplion.. Being D/Me..l (lJ 1004 ~illJ()l.ed -0 tm.i R.N T McEV\lingSurvey .Ab~trod N~. U5. CilY9,r CQll4!1'1fJ1l!. farrOJ'lt CO\Infy. r e)(os ~ be'lng a 10,20 Q'Ct~ percal of fMd (lftd being: Cd ori.o~9 2 Qnd 3. LovG(o TraiJ AddiUon M &1M~tlb~.f.1ltl V(l~ 3:88-141 ft Ptlt)e_. fOO Dr Ihe PIal Records Qf fon-onlCounty. l"Hi;Q5 tP ..R.. f.C. r" I Qr1dbtlngr moro p'arffciJa"J~ dewibed 09 r~IIQw.1 BEGfltNG Old pqJrr. being rhll! tllll"he~' Corner 0' Lo' .. .Sfo(~ I. LO\lO(CI Tfela AddUI~I'I. VOIL '5624. PQ9f .266. P.R. r.c, T. i T~.NCENarth .as-55 "59" EMt~ r) dJslOfiCif.,f 4J6.12 feet olonrJlhe seuln "'9,hI-o( "'-\la'ya' Ltrvo~(J' Trgil 'Q, 0 polnl CQr corJ1er 01$0 bfJin-g ttle northweit eorne, /Jf Lol I.. BlOck it of SCIid Lel/oeo T (oU Addition. r~E Sou 111 00.00 '00" Wt"'.~ acuslm&:~' 411 JOGS. 04 f~8t 10 CI (Jt')Jft' ft.tt c:~'r11I!" beiA';QIIO"Q'hiJ naf'h~OUt\tfGrt ~lnl' of '"* W. C. Hllwl()" Sl:,IbdtVi:slc;Jh fjs (jeStr lb-ed ~"'Voklm'e '3E1 8-42 ~ Page I. P.R. r" c.. r . . T1:ENCESoc.Ifb 89-4.5"'5.4",We:lh 4diafClncII"f 4~6>.OO Ie.' ok)ng !he' I1Gtlhboundory u~. 01 S4idW "c. .Ne'~'Q"SubWvi$iDl1(Jnd I~ norlll ~Omd(llrY Iflle at '''IJ Em~r~cI P(1f:K.S~rvtsitirt:. ~'l(lc:fd.llllM '0 the ~U~. 0" CoDary.vklte I rarrant C~t:t. T.'Jo~ a\t'rKord.d in Volume A. Page 6470. P.R. r. C. r. '0 0 ,.,.o4r" fet cot,*, Dlso btt.nq Ib41 s{)!J,htdslcO(r1er (It Sf1id Lot 4 f 610i:" 'i l,l)~f,J'Q 1'(1" AIj,lf'llo,.. THENCE Nor~h 00.00 'Otp-fEo'sf~odlsronc.tt 0' 1069.26 '.et otonQ Ih. ~t houndl3f~ '-M J)f $(l14l<<.\I,. 4. fIft,(.k ,~ L01J,t1co T,~jI Addili()n ,tj/)d rehll"n.ntj 10 ~"I' pat"t ~f b~'glnn~~.l :c:;,d c""'ol,,lr\;M I)f'CI1 (If tQ .20 'Cer'C.; men! or les'!. P AReEr. 2 9.96 A-CRES CURRENT ZONI.NG I R-40 PROPOSED ZONING I R-"-'20 LI!!9c1 OesCriplllm 8,efl'lg ~ porcl2J o11rJ'nd siJuo~ad in ~l1e W.C. N.w~on survey, Abslr'O,' NCI. nS2. City iOf ~I"tti'yinl! ~ T Ot(O,,) Cl)un.y" T e~tJ$ Dfld beIng Q e.69 oc;yeJfWcel ot lend. ~ be-IJl9 PQrt pI Jh~ W,C. New'un SlJbd~vi5io" (!$ ~lts~r btd in VolurM 3.sa-42. Pog' I o()! 'tlt Plat R9Cor:ds .,1 T orrant Coun~y t T ewas IP. R. T . C. r . , ami ba~ Mar'. pafiJeularl} d1:$tdb-e~ Qi rQ'JIo'''''~ : BEGINNING 01 lhe nortb~otl car'n'CIr of Ihl! Emer,akl Parlt Subd:ivis400. on cadd~noft 10 .hlt tilj~l ~.oKf!y~ml!, T(Jrr't1nICouni.,. Te'1l45 Q$ ".e,~,.ded 11'1 Volume A. p~~ e470'1~.R. T.C IT. I THENCE Norfh 89"4' ~5,q" E<I$I ~ CI distqncil! 0' 314 .3tl 'ee' toq p0H11 _or c;arner. ~haf carner alsQ being 'ItIt narfh~(jd t,Ot'tlef or lltlid W.C. Newfoo SubcJn'tilant <15 <tescrtbect m Yolume 388-42. Page .. P.)L r. C. T. , tHENCE $ol,1'h qo'40i55" Wel'. adhlQi1co of ~370.6 t4~1 ~c c ~oittl 'Qr corner oIcSng the north rlght-~f~wCJY line of l.O" Locketl Rood. tHENcE South 69"05, '16. West. a dj5~OOtc 01 3'9,~2 rea' to ~ point 'or carner. Iho1 earner 01$0 bttl"g: Ihte- souPIMC$r com~r or sold EmMofd Park 5ub.d('r( 13.Oflll TI-IENCE Noorfh oO"61'~o. E~I~ Q iU,tQMte or .369.al 'ee-l Qf.Id returnin9 beck 10 ,he pORd 0' bC!.glnning OI'lcl canlai,"mg 1m area or 9 96 ocr". more Of IMS.