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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-8/28/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Agenda Monday, August 28,2006 7:00 PM City Council Chambers Planninq and Zoninq Commission ~'~n (C~e h,,\..,,, City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday,August28,2006 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 DISCUSS LAND USE TABLE MODIFICATIONS 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 Dudziak 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES August 14, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Case P-06-041 - PUBLIC HEARING - Final plat of Lots 1 and 2, Block 1 of the Waller Addition being a replat of Lot A 1 H I Block 2 of the Pleasant Oak Estates Addition located at 505 Leta Lane 7b Case Z-06-019- PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 16.870 acres on Lot 1, Block 1 of the Lavaca Trail Addition, Lot 1, Block City of Colfeyvllle Page 1 Printed on 8/24/2006 Planning and Zoning Commission Meeting Agenda August28,2006 1 of the Miller Addition, Lot 1, Block 1 of the Lancaster Hill Addition & Lot 1, Block 1 of the Giacomini Addition at 805 to 901 Lavaca Trail 7c Case Z-06-021- PUBLIC HEARING - Consider the repeal of a Special Use Permit for alcoholic beverage sales on Lot AR. E.M. Thompson Subdivision, located at 5224 CoUeyville Boulevard 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 9. COMMISSIONERS' COMMENTS AND REPORTS 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on August 24, 2006 by 5:00 P.M. Amy Shelley, Planning and Zoning Assistant City of Colfeyvllle Page 2 Printed on 8/24/2006 cc.~ 1'uX\18 Community Development Department Memo Date:August17,2006 To: Planning and Zoning Commission From: Barry LeBaron, Development Director Re: Proposed changes to Land Use Table Enclosed are documents regarding additions and major modifications to the Land Use Table contained in Chapter 3 of the Land Development Code. The proposed changes have been prepared to expand the list of typical permitted uses for each of the various zoning districts. The purpose of the proposed changes is make the list of land uses more reflective of the actual uses found in Colleyville. Additionally, as the zoning regulations have been amended over the years, the uses allowed in the various zoning districts have become scattered in different locations throughout the code, which has in some cases created conflicting regulations. Furthermore, citizens and staff have found it difficult and confusing when attempting to determine if a particular use is allowed in a certain zoning district. By consolidating all of the permitted uses into the Land Use Table, staff and citizens will find the information more accurate and easier to find. Two additional important changes are being proposed, which are incorporated into the Land Use Table. First, any particular use which has special land use requirements are noted and referenced in the Land Use Table. "For example, a Bed and Breakfast may be listed in the land Use Table as a permitted use, but the special regulations associated with a Bed and Breakfast are referenced as to where the regulations can be quickly found. Secondly, an additional column has been added that refers to a parking requirement. This new approach will revise the parking section in the Land Development Code to make it easier to determine the parking ratio for each land use without having to make a complicated analysis of each use. Staff will place this item on the August 28, 2006 pre-meeting agenda for discussion. Copy of Existing Land Use Table land Development Code ___ City of Collevville. Texas Section 3.24 Schedule of Permitted Uses The following charts indicate, by symbol, the principal use permitted within each zoning district and the qualification, if any, for each use within each zoning district and the qualification, if any, for each use. 3.24.A SCHEDULE LEGEND Symbol District Classification Ag I Agricultural ...................................... ........j-Resldentlaf.Estiite...................... ..................................... RE ,...ri..__".,.....~....ri...... ...........J....ri..........................................................,,,..................................-.................................... I Single Family Residential @ J~4..9...._......_._J...4.Q.,QQQ..!.:f~..r.:!!i!!!!!!!J.m..I<:l!~i~~.................... I Single Family Residential @ R30 ; 30,000 s. f. minimum lot size .................................r...Slngie..Famliy...Residentlaf'@-................ R20 ! 20,000 S. f. minimum lot size .............._....................l.-sTn.gie..Fam'iiy...Residentiai"@..................... R15 1 15,000 s. f. minimum lot size ....RO...............TTwo.Famiiy.ResldentiaT...................... ...RMF...................r11'liiilfam'i'j.y..ResTdentliiii........... ....".............""..."..... Chapter 3 - Land Use Symbol District Classification MH i Mobile Home Residential .....CpO........................TCorriiTierCliiij'.:...P.rofess.lO"ai"'office.....-....-.. ................ ............1......._......_....................."................_......................_._.........................__.._..._....._.... CN I Neighborhood Commercial ! -cc1.................l'ViiIage...R.etail".......................................-...-........-....- ...cc2-..."....l..Sh'opp.ing...center........_............................................ ! ...cc.j""--......f'Hig.hway-comm.erciaj...........,,_........................ ....ML...........................-T.[ighi"'~Jfiinufacturfng .......~.......___....M.N....................N.................N.... ................................................1...........-...-...-.-.........................-...... ................_.......~._....... .... .......................... Page 3 - 37 land DeveloDment Code City of Collevvllle, Texas 3.24.B SYMBOLS USED IN TABLE OF PERMITTED USES 1. The following symbols are used in the Table of Permitted Uses: . - Use permitted by right S - Use permitted with Special Use Permit (SUP) 2. The following special land use regulations are applicable to certain uses referenced in the Table of Permitted Uses: (a) Single family uses may be employed in R-MF Zoning Districts based upon a special use permit, conditioned upon the submission and approval of a development plan by the city pursuant to the provisions of this Chapter. (b) Allowed only when part of an approved planned unit development (PUD) or multifamily project, and when intended to serve the site occupants and guests thereof. (c) Excluding non-therapeutic massage parlors. (d) Excluding outside runs and pens (only pertains to CC2 District). (e) Outpatient services only. (f) An SUP required in every zoning district except CN & CC, for sales activity over 9 mo. per year. (g) That a certificate of occupancy (c.o.) be obtained prior to occupancy of the premises as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the structure is in compliance with all applicable current codes and ordinances of the City of Colleyville. Which shall include, but not necessarily be limited to: 1. The structure is structurally sound. 2. There are no clear and present dangers as to fire and fire safety. 3. The plumbing is in compliance with the currently adopted code requirements for the zoning district in which it is located. 4. The electrical system is in compliance with the currently adopted Electrical Code for the zoning district in which it is located. 5. Smoke detectors shall be placed in each individual bedroom which is offered for public use and smoke detectors shall also be placed in any hallway adjacent thereto. 6. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address and the establishment name. 7. Off-street parking shall be located behind the front building line of the structure and shall be screened from public view, and shall be provided in the following manner: one space per bedroom offered for temporary rental in addition to that required for the zoning district in which it is located. 8. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the total floor area of the dwelling. Also, in order to continue operation: a. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing compliance with the requirements of this Section. b. Food service shall comply with all provisions of the City Code. c. The structure shall comply with all current City Codes, including, but not limited to Building Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from time to time be adopted. d. The length of stay for any guest is limited to fifteen (15) consecutive days. (h) 1. construction shall be of monopole design only; and 2. the distance between the base of the tower and any Agricultural (Ag) or residential district shall be not less than two (2) times the height of the tower; and 3. the site plan shall meet all other commercial development requirements of the City such as site plan review, landscaping, setbacks; and 4. a minimum of one paved parking space shall be provided at the site of the structure. ---....................-..........-........--.-. Chapter 3 - Land Use Page 3 - 38 land DeveloDment Code City of Collevvllle. Texas (i) Home Occupation Uses: 1. No person other than members of the family residing on the premises shall be engaged in such occupation; 2. The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; 3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall of the principal building. 4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area; 5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. 6. Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels and other such activities. j. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size. For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of fifty (50) seats. (0-04-1454/4-16-04) (0-05-1538/09/06/05) ".".......M._."._.......................~.................m........."..........__._.............................................."....."..........."""'''........''''......"..._..............'''...'''...N..............."..........."'.""...................."...."....."...........-....-."'.".....""...-..-...-.-..--....-....."'. Chapter 3 - land Use Page 3 - 39 Land Develooment Code City of Collevville. Texas Section 24.C - Table of Permitted Uses s - .. ......... .--- ..---..-.--*- : i: : .S s s Roadside fruit, veg. & prod. stands (year rnd) Educational (privately operated) 24.C.3 Kindergarten, primary & secondary school ----_...-... Junior and senior colleges and universities -. ..-..----.... Vocational, technical and trade schools Business & professional school Community Facilities 24.C.4 Government buildings & Parks -_.....__._---~-_.-.---_..._--_._._.. Golf courses, & community buildings -~--'"_.- Pubic maintenance & storage buildings Telecommunication tower (h) Solid waste disposal sites Cemeteries & mausoleums Bus or train passenger terminals Railroad or motor freight terminals Automobile parking lots & garages --.-----..--.---.--.-----.----..-.--------..-...------.-. Transportation vehicle storage yards or garages . .--.-- -......--- ....--. . Airport, heliport, or helistop .---.-----...-.-.---....---.....-.-.---....- Land Use Classification Residential 24.C.1 Single family home (a) Two family dwelling Townhouse I cluster I multifamily dwellings Mobile home dwelling Hotel I motel Convalescent I retirement home 1---- Private social recreation club (b) 1--. Servants or caretakers quarters Bed & breakfast lodging (g) Agricultural 24.C.2 Farming & livestock breeding & raising Non-commercial swine farming ~.__.._-~--_..._-_._-----.. Commercial equestrian boarding stable & school Private horse stables for domestic use Zoning District m wiele e ~Ic ~ ~ 0 Z ~ N M ~ ~ ~ ~.~ ~ ~,~ ~ ~ ~ 0 g g g ~ ...... S . ..-- . s s .. ---- --- s .. S . . . . S S S S S ..- --- - ---- s - ------ S S S S S s s s s s s .. --- S S S --- .-. S S S . .- ---.. S S . . n... --e--- --..--.-.--..-.-----..----...---- -- Chapter 3 . Land Use Page 3 . 40 Land Development Code City of Colleyville. Texas Section 24.C - Table of Permitted Uses (cont't) Zoning District 0) W 0 0 0 \I) ~ u. :I: 0 Z .,.. N C") ..J Land Use Classification ~ ~ N .,.. ::!J! 0- 0 0 0 c( 0:: 0:: 0:: 0:: :E 0 0 0 0 0 :E Retail 24.C.5 I Convenience store wlo gasoline sales . . . ---- Convenience store wlgasoline sales S S S S -. Supermarket I grocery . . .. .~-~. ..-,.-. Bakery . . . ---- Meat & fish market . . Cafe, cafeteria & restaurant . . Restaurant with drive-in or drive-thru service . . General retail sales . . . Pharmacy . . . -- -.- Drug store . . Retail plumbing, electrical & hardware wlo outside display . . . . --- Hardware w/outside display ! . . . - I 1-- Book & stationary shop .~j._-- . . . - -1--- --. I... ~---- -.. Jewelry, camera, music M sales andlor repair . . . _._-_.~---- 1--.-- ..- -- Florist shop I . . . ,.-,-..-". _.J_.__~_ _..~.~- Commercial greenhouse . ----~-- -.---- -- -..-- -_. -- Furniture store . . . - . -. ----. 1--- -.--- "---- Pet shop . . ---------~--_..~- -_._----- -------- -- -- -- -.- Second hand goods shop S S S -.. . . -- Feed & seed w/outside stor. . -- .m__._ 1--- Motorcycle & jet ski sales & repair S - Vehicle sales wloutside disp. S S S Automobile sales S S S -- --- Gasoline service station S S Building materials wlo outside storage ._j-".'. . . ..- --------- 1-- -- - ---- Bldg. mati. w/outside stor. S . --.-.-.- ----------~ '--- --- Large Commercial Building (0-00-1249/11/08100) (see Section 25. 1 ) Services I Offices 24.C.6 Barber, beauty salons 1 I I . . . _.._.._..._._.____._..____..___.__.._____..m....__.._..... ......-.....-..---...--......-.... .....-..--1........---1.-.--.. . --.....L--.--t----- ----- ._--.. _.m ----- .---- - 1------. -.-- ---- ~ Self 8elVic,,-laundromat .___._~ _~__I s s s s - 1----- Dry cleaners (station onl?) ____ i I S . . - Apparel alterations I . . . Health studios (c) . . .,-- - Music & dance studios . . Chapte-r-3.:."t:anCiUse...............-.-......-.....-.....-............-..............................-.....--..-..-.............................................................................................................................-.......................Page-3.:'41'" Land Development Code City of Collevville. Texas N CO) ... g g :I S S ... .... .. .. ... .... .... S S S S S S S S S S Section 24.C - Table of Permitted Uses (cont'd) land Use Classification Zonina District m wlololo ~ C ~ ~ 0 Z - < ~ ~ ~ ~ ~ ~ ~ :I ~ 0 g S Funeral home I mortuary Veterinarian office w/kennels (d) Interior decorator shop Food catering 1----- Medical & veterinary clinics (e) Medical office w/o clinic Hospital General offICe ~ I ---t -- ------ --~---- Banks, financial institutions Contractor office wI yard I------------~------~------------------------------- Exterminator shop w/storage - Day care I day nursery Pawn shop Commercial I Service 24.C.7 -~- I ___ _______L_______ ! -- - ----- ------- --- Motion picture theater G) Indoor amusement Outdoor amusement s s s s Archery & firearm ranges (f) ~molive repair & service wlo outside storage -- - - +-t=--- Automotive repair & servic~ w/outside storage ___ _ _ __~ _~_._._,~__ Laundry I dry cleaning plant I Applianc~ repair Shops--- - - r-l~=-- -- - Plumbing~ he~;ir condo &~Iectrical tr~de~.;h-~~S-+~I-- -- I -- -. - Upholstery, furniture repair _._-~--- Self service storage Industrial 24.C.8 _.1-- Warehouse and distribution I office showroom Printing and bookbinding Food packaging and manufacturing Research and development labs --~----_._--'--_._-~.~._-_.-------_.__."'-'-- all other manufacturing "'~'M'_'M''''''_'''''_'_'h_._~._....._.~_'M'''............._..........._.M....M.........._......M.._...M.......H.____.._....M_._~......,".."'...M....~...... Chapter 3 - Land Use . . .. S S S S S S ---- S S S S -- --- S S -- .. _.- .. .. S S s .. S Page 3 - 42 Copy of Proposed Land Use Table Shaded Indicates an addition or a major change from the existing Land Use Table Section 3.24 Schedule of Permitted Uses A General Reauirement and Symbols Used - Land and buildings may be used in accordance with Table 3.24.C, Schedule of Permitted Principal Uses and the additional requirements of this section. The following symbols 8fe used In Table 3.24.C, Schedule of Permitted Principal Uses: 1. Permitted U38S - A .p" in a cell indicates that the use is allowed by right as the principal use in the applicable zoning district in accordance with Tabht 3.24.C, Schedule of Permitted Principal Uses. 2. Specific Uses - An .S. in a ceY indicates that the use may be allowed with the approv~ by the City Council of a Special Use Permit foUowing the applicable review and approval procedures. 3. 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SiRele Family QetaeRe~ Qv:eIliRQ SiRgle family \;I8eS ",ay be e",pleyed iR R MF 1leRiRg Qi8tFi&t6 based \;IpeR a 8peeial wee peFmit. GeA~itieAe~ wpeR tRe s\;Ibmie8i8A BAd BPPFeval ef s develepmeAt plaR by tRe uily p\;lrSuBAt Ie tRe pFevisieRe sf tRis Cl:lapter. 1. Bed and Breakfast - +AfH a Certificate of Occupancy (C.O.) be 9btBiRe~ Is reaulred prior to occupancy of the premises as a bed & breakfast. The C.O. shall be obtained after an inspection has determined that the structure is in compliance with all applicable current codes and ordinances of the City of Colleyville. \!'.'l:Ii61:1 sl:l811 iRGI\;IEte, but Ret Re6eS&srily be limiteEl te: and the followina additional conditions: a. The structure is structurally sound. b. There are no clear and present dangers as to fire and fire safety. c. The plumbing is in compliance with the currently adopted code requirements for the zoning district in which it is located. d. The electrical system is in compliance with the currently adopted Electrical Code for the zoning district in which it is located. e. Smoke detectors shall be placed in each individual bedroom which is offered for public use and smoke detectors shall also be placed in any hallway adjacent thereto. f. Signs, not exceeding one and one-half (1-1/2) square feet, shall indicate only the address and the establishment name. g. Off-street parking shall be located behind the front building line of the structure and shall be screened from public view, and shall be provided in the following manner: one space per bedroom offered for temporary rental in addition to that required for the zoning district in which it is located. h. The total rental bedroom area of the structure shall not exceed twenty-five (25) percent of the total floor area of the dwelling. Also, in order to continue operation: i. Annual inspections shall be required for each bed and breakfast facility to ensure ongoing compliance with the requirements of this Section. ii. Food service shall comply with all provisions of the City Code. iii. The structure shall comply with all current City Codes, including, but not limited to Building Codes, Plumbing Codes, Electrical Codes, Fire and Safety Codes, and others as may from time to time be adopted. ix. The length of stay for any guest is limited to fifteen (15) consecutive days. 2. Private social recreation club - Allowed only when part of an approved planned unit development (PUD) or multifamily project, and when intended to serve the site occupants and guests thereof. 3. Telecommunication Towers - Construction shall be of monopole design only; and a. the distance between the base of the tower and any Agricultural (Ag) or residential district shall be not less than two (2) times the height of the tower; and b. the site plan shall meet all other commercial development requirements of the City such as site plan review, landscaping, setbacks; and c. a minimum of one paved parking space shall be provided at the site of the structure. 3. HesltR studies EHGI\;IdiRg ReR tRerapeutie massage parlors. 4. Veterinarian Clinic with Indoor kennels - A facllltv contalnlno Indoor kennels shall be subject to the followlno conditions. a. The entire business must be conducted within a soundDroofed build/no. Noise and odors created bv activities within the bulldlno shall not be dlscern/ble bevond the DroDertv line. b. No animals shall be keDt outside the bulldlno. 5. VeteriRariaA w.'keRRele outside rURS aAd peAs {GAly pertaiRs to CC2 QistriG~. 5. Medical and veterinarv clinics - Outpatient services only. 6. Archery & firearm ranqes - An SUP required in every zoning district, except CN & CC, for sales activity over 9 mo. per year. 7. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size. For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of fifty (50) seats. (0-04-1454/4-16-04) (0-05-1538/09/06105) 8. Home Occupation Uses: a. No person other than members of the family residing on the premises shall be engaged in such occupation; b. The use of the dwelling unit or accessory building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall of the principal building. d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on a driveway or other hard surface all weather area; e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of any adjacent or nearby site occupant. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. f. Home occupation uses and activities shall be limited to the following: seamstress; accounting; bookkeeping and tax services; notary public; insurance and real estate; cosmetics and household sundries; private educational, music and dance tutoring; arts, crafts and home hobby shops; garage, yard and patio sales of short temporary duration; mail order brokerage; and other similar activities --- but excluding medical and law offices, beauty shops, pet grooming services, kennels and other such activities. 9. Private (HOAJ ~I Recreational ~ Facilities - Bulldinas or structures in which members of a nelahborhood association mav aather for social. educational or cultural activities that are .~.II9l..'/ed GAly 'NAeA paFt of aA appm'/ed plaAAeo "Ait de'/91opm9At {PUQ) Gr mwlti~My f)rejeet, aRO wR8A intended to serve the site occupants and guests thereof. Heilltl:! Studio ixelwdiRg RGA tAeFapeutiG massa~8 parlGI'6. 11. VeteriAariaA CliAiG witA IROGGr KeAA91s E)(GluoiAg outside rURS aRd peRS (OAly peFtaiR& te CC2 QistriGt). 11. Emergencv Clinics - Outpatient services only. 12. Livestock Raising and Breedina - A Special Use Permit is required for swine farming. 13. Alcohol Beveraae Sales - A SDecial Use Permit is reauired for the sales of alcoholic beveraaes. Also refer to ChaDter 6 of the Code of Ordinances for additional reaulatlons reaardino alcoholic beveraae sales. 14, Automotive ReDair - Automotive reDalr. includina the reoair of other motorized vehicles. are Dermitted In accordance with the Schedule of Permitted Uses. subject to the followino conditions. a. All reoalrs shall be conducted within an enclosed bulldlna. b. A business that conducts vehicle reoalr and Is located on orooeltv ad/acent to a residential use shall orovlde a six-foot tall solid screen alona the orooertv line adlacent to the residential use. c. No more than two vehicles oer bav or reoalrllnsoectlon station that have been acceDted for reoalr or servlclna shall be oarkedlstored outside after reaular business hours. d. All wrecked or dismantled vehicles shall be stored In an encloaed bulldlna or within a comolete/v enclosed area behind a six-foot tall solid screenlna fence. 15. Assisted Llvlna Facilities - A facllltv ooerated uncler a certHlcate of comoHance document Issued bv the Texas OeDartment of Aaina and Disabllltv Services. in which food. shelter. and oerson assistance or suoervls/on are orovlded for a oer/od of at least 14 clava for four or more aaed adults who do not reaulre hosoitallzatlon or skilled or intermediate nursino care. 16. Servants or Caretaker Quarters - Servants aualters for domestic servants emoloved on the oremlses or familv members orovlded the aross habitable sauare feet of floor area shall not exceed six-hundred (800') sauare feet. Such aualters mav be housed within the or/ncloal residential dwelllno. above a residential aaraae. or be Dart of an accessotV buildlno on the same oremises. and shall comolv with minimum standards for "aht. health. satetv. and occuoancv In conformance with other aoo"cable Cltv codes and ordinances. 17. Dav Care Centers - A facilitv ooerated with a state license for the ouroose of DTOvldina care. orotectlon and auldance to more than twelve children under the aae of fourteen vears of aoe for less than a Uhour oer/od. This term does not include klnderaartens and oub"c and orlvate educational facilities or anv facllltv offer/no care to individuals for a full 24-hour oeriod. 18. GrocetV Stores - A soeclal use oermit is reaulred for the use of aasoline oumos in conlunction with a arocetV store. Section 3.29 - Parking Requirements A. Puroose - The purpose of this section is to require off-street parking and loading facilities proportional to the need created by each use. Where the minimum number of requinKi parking spaces C3l not be calculated in accordance with the parking group schedule, the Building 0fftcIaI shaH be authorized to determine the minimum number of required parking spaces using acceptable industry comparables. B. General Provision - In all zoning districts, there shall be provided in connection with the appropriate permitted use, off-street parking spaces in accordance with the provision of this section, unless a different parking standard has been set forth as a condition of a Special Use Permit or Planned Unit Development for a specific site. Existing facilities being used for off-street parking shalt not be reduced in capacity to less than the minimum number of spaces prescribed, or altered in design or function to less than the minimum standards prellCl'ibed herein. C. Location of Parkina - All required parking spaces shall be provided on the same lot or tract occupied by the use being served, except that where an increaSe in the number of spaces is required by a change or enlargement of a non-residential use, the additional required parking spaces may be located off-premises in accordance with the shared parking requirements contained in this section. Requtred parking spaces for a residential use shal be provided on the lot or tract occupied by the use being served, untess a different parking standard has been set forth as a condition of a Speciaf Use Permit or Plamed Unit Development for a specific site. D. Parkina Soace Locations Prohibited - No off-street parking space shall be located, either in whole or in part, within any fire lane, driveway, driving lane, or maneuvering area. Furthermore, no required off-street parking space shall be located, either in whole or in part, in a public street, sidewalk, parkway, alley or other public right of way E. Parking Soace Dimensions - No required off-street parking space shaH be less than nine (9) feet in width by eighteen (18) feet in length. F. Mixed Use Parking - The parking requirements for a lot or building containing a mixture of uses shaH be the sum of the requirements for each type of use. No parking space provided for one type of use or building shall be included in the calculation of the parking requirements for any other use or buHding. For ll1UIti-tenant developments containing greater than 30,000 square feet of ftoor area, the sum of the total number of required parking spaces may be reduced by ten percent (10%). G. Shared Parkina - Where an increase in the number of off-street parking spaces is required by a change or enlargement of use, the additional required spaces may be located on another property that is located on the site of a use not normally open and used or operated during the same hours, provlded, that the following conditions are satisfied: 1. The parking spaces are located within three-hundred feet from an entrance to the building or use being served, measured along the shortest available pedestrian route with public access. 2. A copy of the written agreement, executed by the parties concerned, is furnished to the Building Official, assuring their retention for such purposes. H. Buildina Renovations - When an existing building or use is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by more than ten percent (10%), but less than fifty percent (50%), of the existing square footage, additional off-street parking shall be provided for the incremental increase in accordance with the off-street parking regulations set forth herein. When an existing building or use is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by fifty percent (50%) of more of the existing square footage, the off-street perking requirements for the entire building shall be comply with the parking regulations set forth herein. I. SUDDtemental Parkina 50sce Reouirements 1. Parking regulations are based on the gross floor area (GFA) of the building. 2. In determining the required number of parking spaces, fractional spaces shall be rounded to the nearest whole space. Parking spaces located in buildings used for repair garages or car washes, and spaces in drive-through lanes shaH not be counted 88 meeting the required minimum number of parking spaces. 3. Wooden poles shall not be used for parking lot or site lighting for a non-residential use. 4. Except for single-family dweIing units, parking spaces shal be arranged so that vehicles shall not be required to back out of the parking spaces dif'ectly Into a street. J. Parklna GrouD Schedule - The minimum number of off-street parking spaces to be provided in connection with the permitted use Msted in Table 3-310, Schedulfl of Permitted Uses, shall be in accordance with the fof1owing Table 3-600 - Parking Group Schedufe. Parking Group 1 2 3 4 5 fJ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Table,.. . Parking Group.. eohedule MlnI~Number of Off...... ParklnO Spe.. . ft. of exterior nu area i for restaurant 8dditional induat b1es Section 3.29.1 -Parking Space Construction Standards A. Dimensions - The design and dimensions of off-street parking areas shall be in accordance with the following Table 3.29.1 - Table of Parking Space Dimensions. .. .... ..... ......... . ... Ta~le 3.2~.1... Table.olParklng$pac.,i)lrn..nslonS . Angles (Degrees) 0 30 45 60 90 Stall, Parallel to Aisle 23.0 18.0 12.7 11.4 9.0 Stall, Perpendicular to Aisle 9.0 16.5 19.0 20.0 18.0 Aisle Width, One-Way 12.0 12.0 12.0 16.0 24.0 Aisle Width, Two-Way 24.0 24.0 24.0 24.0 24.0 (1) Aisle width shall comply with the requirements of the fire code when the aisle serves as a fire lane B. Surfacina (New Structures) - All parking spaces, aisles and maneuvering areas shall be constructed of an all-weather surface composed of concrete, asphalt, brick or paving stone. Such paving shall meet the minimum construction standards contained in the Colleyville Building Code. Such all-weather surface shall be provided for all parking spaces, whether enclosed or unenclosed, and shall be connected by an all-weather surface driveway to a street or alley. Rock, gravel and dirt parking surfaces are prohibited. C. StriDing - For all non-residential uses and multi-tenant residential uses, parking spaces shall be striped or otherwise clearly designated on the parking facility surface, as determined by the Building Official. D. Curbs. Wheel Stoes and Islands - Parking spaces abutting on adjoining property lines or street right-of- way lines shall be provided with wheel guards or bumper guards so located that no part of a normally parked vehicle will extend beyond the property line. Copy of Existing Parking Regulations Section 3.29 - Off-Street Parking Requirements 3.29.A PURPOSE AND INTENT The purpose and intent of these regulations are to secure safety from fire, panic and other dangers; to lessen congestion in the streets and alleys; to facilitate the adequate provision of transportation and circulation; to conserve the value of building and land uses; and to encourage the most appropriate use of land. To this end, in all zoned districts, there shall be provided at the time any use is established or expanded, or any building is erected or structurally altered (except as otherwise provided elsewhere in this section) minimum off-street parking in conformance with the requirements established herein. 3.29.B LOCATION OF PARKING SPACES All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed three hundred (300) feet from an institutional or other nonresidential building served. 1. Up to fifty (50) percent of the parking spaces required for theatres, public auditoriums, bowling alleys, dance halls, night clubs or cafes, and up to one hundred (100) percent of the parking spaces required for a church or school auditorium, may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours; provided, however, that written agreement thereto is properly executed and filed as specified below. 2. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney, and shall be filed with the application for a building permit. 3. No required off-street parking space shall be located within any public highway, street or alley right-of-way. 4. No head-in parking from a street will be permitted. 3.29.C COMPUTATION OF PARKING SPACE SIZES AND PARKING AREAS In computing the minimum size and area of parking spaces and parking areas the following rules shall govern: 1. ParkinQ Soace Size - No parking space shall be less than nine (9) feet in width by eighteen (18) feet in length. Parking space sizes of ten (10) feet by twenty (20) feet are, however, encouraged where parking turnover rates would be higher than for normal long term low turnover parking lots and areas. 2. ParkinQ Area Size - The minimum amount of parking area (excluding "in garage" space but including parking space, drives and turnarounds) required per car space for uses permitted in this Chapter shall be computed as follows: a. Residential Uses: 300 square feet per space. b. Non-Residential Uses: 400 square feet per space. 3.29.D TYPE OF PARKING SURFACE REOUIRED All parking areas required by this Land Development Code shall consist of paved parking area, i.e., concrete, Hot Mix Asphaltic Concrete, brick or paving stone, approved by the Building Official. 3.29.E RULES FOR THE COMPUTATION OF THE NUMBER OF PARKING SPACES - IN COMPUTING THE NUMBER OF PARKING SPACES REQUIRED. THE FOLLOWING RULES SHALL GOVERN: 1. "Floor Area" shall mean the gross floor area of the specific use. 2. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number. 3. The parking space requirement for a use not specifically mentioned herein shall be the same as required fora use of similar nature as determined by the City Planning and .zoning Commission. 4. Whenever a building or use constructed or established after the effective date of this Chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the new total. Whenever a building or use existing prior to the effective date of this Chapter is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. 5. In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. 3.29.F NUMBER OF OFF-STREET PARKING SPACES REQUIRED The absolute minimum number of off-street parking spaces required for residential and nonresidential uses shall be in conformance with the following: 1. Residential Uses: a. Single Family Detached Dwellings: 2 spaces per dwelling unit exclusive of "In-Garage" Parking. b. Single-Family Patio Home, Cluster Home, etc: 2 spaces per dwelling unit. c. Duplex Dwelling (over-under or semi-detached): 2 spaces per dwelling unit (total of 4 spaces required). d. Mobile Home: 2 spaces per dwelling unit. e. Multifamily Dwelling (Apartments, Condominiums, Apartment Hotels, etc: 2 spaces per dwelling unit plus one space for each 5 units. 1. Fraternity or Sorority House: 1 space per each bed. g. Boarding House or Rooming House: 1 space per each bed or individual sleeping room. h. Nursing, Rest or Convalescent Home, Home for the Aged, Senior Citizens Apartment Dwelling, or other similar dwelling or institution: 1 space per each 3 beds or I space per individual sleeping unit, whichever is greater. 2. Nonresidential Uses: a. Schools (1) Elementary: 1 space for each classroom or teaching station, plus 1 additional space for each 4 seats in any auditorium, gymnasium, or other place of assembly, whichever is greater. (2) Junior High/Middle School: Same requirements as for elementary schools. (3) High School: 1 space for each classroom or teaching station, plus 1 additional space for each 3 students accommodated in the school. (4) College or University: Same requirements as for high schools. (5) Day Care Centers or Kindergarten: 1 space per each 5 pupils accommodated, plus sufficient space to accommodate off-street circulation for pick-up and delivery of children by auto. b. Churches and Places of Worship: 1 space for each 3 seats in the main sanctuary or auditorium. c. Other Institutions and Special Uses (1) Hospital, General Acute Care: I space per each bed. (2) Hospital, Chronic Care: 1 space per each 3 beds. (3) Institution for Alcoholic, narcotic or psychiatric patients: 1 space for each 2 employees or attendants. (4) Health or Welfare Center: 1 space per each 200 square feet of floor area. (5) Foster Home: 1 space per each 10 pupils or residents. (6) Institutions of a Philanthropic Nature: 10 spaces plus I space for each employee. d. Community Facilities (1) Art Gallery or Museum: 1 space per each 1,000 square feet of floor area. (2) Library: 2 spaces per each 300 square feet of floor area. (3) Community Center (public or private): 1 space per each 100 square feet of floor area. (4) Meeting Rooms and Places of Public Assembly: 1 space per each 3 seats. (5) Lodge or Fraternal Organization: 1 space per each 200 square feet of floor area. e. Personal Service and Retail Uses (1) Personal Service Shop or Establishment: 1 space per each 200 square feet of floor area. (2) Mortuary/Funeral Home: 1 space per each 50 square feet of floor area in "slumber rooms," parlors, and individual service rooms, or 1 space per each 2 seats accommodated in a chapel area, whichever is greater. (3) Furniture Stores and Appliance Stores: 1 space per each 400 square feet of floor area. (4) Gasoline Service Stations: Minimum of 6 spaces. (5) Retail Stores or Shops: 1 space per each 200 square feet of floor area. (6) Open (outdoor) Retail Sales: 1 space per each 600 square feet of open site area utilized, exclusive of buildings. f. Office, Professional or Financial Uses (1) Banks, Savings and Loan or other similar financial establishments: 1 space per each 300 square feet of floor area. (2) Doctor's Offices and Medical Clinics: 1 space per each 150 square feet of floor area. (3) Veterinarian Offices or Clinics: 1 space per each 300 square feet of floor area. (4) Offices, General: 1 space per each 300 square feet of floor area. (5) Dance, Music, Display or Drama Studios: 1 space per each 200 square feet of floor area. (6) Business, Trade or Craft School: 1 space per each 3 students in attendance at peak time of day. g. Transient Lodging Uses (1) Hotel, Motel, Tourist Court or Dude Ranch: 1 space per each room, unit or guest accommodation plus specific requirements for restaurants, cocktail lounges, and related facilities prescribed elsewhere in this section. (2) Seasonal Camp or Cabin: 1 space per each sleeping unit or cabin. h. Eating and Drinking Establishments (1) Restaurant, Cafeteria or Cafe: 1 space per each 3 seats under maximum seating arrangement, or 1 space per each 100 square feet of floor area, whichever is greater. (2) Drive-In Eating and Drinking Establishments: 12 spaces plus 1 space per each 50 square feet of floor area. (3) Cocktail Lounges, Taverns and Similar Establishments: 1 space per each 100 square feet of floor area. i. Social, Recreation and Entertainment Uses (1) Commercial Amusement Establishments: 1 space per each 100 square feet of floor area. (2) Bowling Alley: 6 spaces per each bowling lane. (3) Private Club or Night Club: 1 space per each 100 square feet of floor area. (4) Theatre: 1 space per each 3 seats. (5) Country Club: 1 space per each 100 s. f. of floor area, exclusive of locker rooms and bathhouses. (6) Recreation Club or Area, Private: 1 space per each 100 square feet of floor area. (7) Golf Course: 5 spaces per each green. (8) Dance Hall or Ballroom: 1 space per each 100 square feet of floor area. (9) Sports Arena, Stadium or Gymnasium: 1 space per each 3 seats or bench seating spaces. j. Wholesale, Warehousing, Enclosed Storage, Manufacturing, Processing and Repairing Uses (1) Wholesale, Warehousing and Enclosed Storage: 1 space per each 2 employees, or 1 space per each 1,000 square feet of floor area, whichever is greater. (2) Manufacturing, Processing or Repairing: 1 space per each 2 employees, or 1 space per each 1,000 square feet of floor area, whichever is greater. (3) Building Materials/Lumber Yard: 1 space per each 1,000 square feet of site area. (4) Storage Yards for Sand, Gravel or Petroleum Products: 1 space per each 2,000 s. f. of site area. Copy of Proposed Parking Regulations Section 3.29 - Parking Requirements A. Purpose - The purpose of this section is to require off-street parking and loading facilities proportional to the need created by each use. Where the minimum number of required parking spaces can not be calculated in accordance with the parking group schedule, the Building Official shall be authorized to determine the minimum number of required parking spaces using acceptable industry com parables. B. General Provision - In all zoning districts, there shall be provided in connection with the appropriate permitted use, off-street parking spaces in accordance with the provision of this section, unless a different parking standard has been set forth as a condition of a Special Use Permit or Planned Unit Development for a specific site. Existing facilities being used for off-street parking shall not be reduced in capacity to less than the minimum number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein. c. Location of Parking - All required parking spaces shall be provided on the same lot or tract occupied by the use being served, except that where an increase in the number of spaces is required by a change or enlargement of a non-residential use, the additional required parking spaces may be located off-premises in accordance with the shared parking requirements contained in this section. Required parking spaces for a residential use shall be provided on the lot or tract occupied by the use being served, unless a different parking standard has been set forth as a condition of a Special Use Permit or Planned Unit Development for a specific site. D. ParkinQ Space locations Prohibited - No off-street parking space shall be located, either in whole or in part, within any fire lane, driveway, driving lane, or maneuvering area. Furthermore, no required off-street parking space shall be located, either in whole or in part, in a public street, sidewalk, parkway, alley or other public right of way E. ParkinQ Space Dimensions - No required off-street parking space shall be less than nine (9) feet in width by eighteen (18) feet in length. F. Mixed Use Parking - The parking requirements for a lot or building containing a mixture of uses shall be the sum of the requirements for each type of use. No parking space provided for one type of use or building shall be included in the calculation of the parking requirements for any other use or building. For multi-tenant developments containing greater than 30,000 square feet of floor area, the sum of the total number of required parking spaces may be reduced by ten percent (10%). G. Shared ParkinQ - Where an increase in the number of off-street parking spaces is required by a change or enlargement of use, the additional required spaces may be located on another property that is located on the site of a use not normally open and used or operated during the same hours, provided, that the following conditions are satisfied: 1. The parking spaces are located within three-hundred feet from an entrance to the building or use being served, measured along the shortest available pedestrian route with pUblic access. 2. A copy of the written agreement, executed by the parties concerned, is furnished to the Building Official, assuring their retention for such purposes. H. Building Renovations - When an existing building or use is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by more than ten percent (10%), but less than fifty percent (50%), of the existing square footage, additional off-street parking shall be provided for the incremental increase in accordance with the off-street parking regulations set forth herein. When an existing building or use is enlarged, structurally altered, or remodeled to the extent of increasing or changing the use by fifty percent (50%) of more of the existing square footage, the off-street parking requirements for the entire building shall be comply with the parking regulations set forth herein. I. Supplemental ParkinQ Space ReQuirements 1. Parking regulations are based on the gross floor area (GFA) of the building. 2. In determining the required number of parking spaces, fractional spaces shall be rounded to the nearest whole space. Parking spaces located in buildings used for repair garages or car washes, and spaces in drive-through lanes shall not be counted as meeting the required minimum number of parking spaces. 3. Wooden poles shall not be used for parking lot or site lighting for a non-residential use. 4. Except for single-family dwelling units, parking spaces shall be arranged so that vehicles shall not be required to back out of the parking spaces directly into a street. J. Parkina Group Schedule - The minimum number of off-street parking spaces to be provided in connection with the permitted use listed in Table 3-310, Schedule of Permitted Uses, shall be in accordance with the following Table 3-600 - Parking Group Schedule. .......i~~f~~.. . ....{7r()tIp.... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,- './;' ......i<iiiJ)l~f~i~.2$> '.i..i> '..i..' ..... /..~~r~IMj~t~9P;~J;~ed.t.'I~ .' .... .........ii........:.~(~I.rt1~.f4l1tt1~~.t~f.........i<................. ". >.OffiStreet,parkl1)Si .spaces.' ":.-':.--;;-:--;-".'.--;;':.:>-','.--",-,:.., '-"'::': -',"--.-'-.:,. .:",.", area arkin for restaurant additional Section 3.29.1 -Parking Space Construction Standards A. Dimensions - The design and dimensions of off-street parking areas shall be in accordance with the following Table 3.29.1 - Table of Parking Space Dimensions. Angles (Degrees) Stall, Parallel to Aisle Stall, Perpendicular to Aisle Aisle Width, One-Way Aisle Width, Two-Way o 23.0 9.0 12.0 24.0 30 18.0 16.5 12.0 24.0 45 12.7 19.0 12.0 24.0 60 11.4 20.0 16.0 24.0 90 9.0 18.0 24.0 24.0 (1) Aisle width shall comply with the requirements of the fire code when the aisle serves as a fire lane B. SurfacinQ (New Structures) - All parking spaces, aisles and maneuvering areas shall be constructed of an all-weather surface composed of concrete, asphalt, brick or paving stone. Such paving shall meet the minimum construction standards contained in the Colleyville Building Code. . Such all-weather surface shall be provided for all parking spaces, whether enclosed or unenclosed, and shall be connected by an all-weather surface driveway to a street or alley. Rock, gravel and dirt parking surfaces are prohibited. C. StripinQ - For all non-residential uses and multi-tenant residential uses, parking spaces shall be striped or otherwise clearly designated on the parking facility surface, as determined by the Building Official. D. Curbs. Wheel Stops and Islands - Parking spaces abutting on adjoining property lines or street right-of- way lines shall be provided with wheel guards or bumper guards so located that no part of a normally parked vehicle will extend beyond the property line. City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com 0, -H u:..... . '. \. i '....~~,~ . Meeting Minutes Summary - Draft Monday, August 14, 2006 7:00 PM City Council Chambers Planning and Zonina Commission City of Colleyville Minutes - Draft Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, August 14, 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 14, 2006, at 7:00 p.m. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, Denis Duffy, Jeff Byerly Absent: Commissioner John Blassingame 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly suggested clarifying the minutes to reflect the plat case P-06-038 was approved after the zoning case 2-06-016 was approved. Commissioner Bartkowski moved to approve the July 24, 2006 meeting minutes with corrections. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Duffy, Byerly Absent: 1 - Blassingame 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of CoIteyvitle Page 1 Printed on 8/15/2006 Planning and Zoning Commission Minutes. Draft August 14, 2006 7. REGULAR AGENDA ITEMS 7a Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-037 Commissioner Byerly recused himself for this agenda item. Commissioner Duffy took the chairman's place. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Bartkowski moved to approve case P-06-037. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 4 - Dudziak, Bartkowski, Taylor, Duffy Nay: 1 - McCormick Absent: 1 . Blassingame Abstain: 1 - Byerly 8. PUBLIC HEARING AGENDA ITEMS 8a Case Z-06-017 - PUBLIC HEARING - Request for a zoning change from CC 1-Village Retail to PUDR-Planned Unit Development Residential on Lots 1 and 2, Block 1 of the Garden Addition located at 5503 and 5505 Pleasant Run Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7: 15 p.m. Mardy Brown, Dowdey Anderson and Associates, representing the applicant, presented the case and briefed the Commissioners. Commissioner Taylor questioned Mr. Brown regarding where the front entry garages will be placed. Mr. Brown used the pictures and diagrams to show the placement of the garages, they are internal. Commissioner Taylor questioned Mr. Brown regarding if these will all be two story buildings? Mr. Brown replied correct. Commissioner Taylor questioned Mr. Brown where some like these being constructed? Mr. Brown replied in Piano, corner of Park and Parkwood. Commissioner Taylor questioned Mr. Brown regarding who is the builder? Mr. Brown stated the same builder that would be used for this project, Hawkins Wellwood. Commissioner Duffy questioned Mr. Brown regarding the drainage? Mr. Brown stated the ultimate run off would be flowed into the creek as suggested by staff and using the detention facilities that are currently in place. He stated the module did not show the need for detention, so we have asked for the waiver. Commissioner Duffy stated you can not increase the flow from your property over what is currently in place. City Attorney, Matthew Boyle concurred that being a fair general statement. Commissioner Duffy stated this whole grassy area will now become concrete and therefore you will collect more because the absorption rate of concrete is zero whereas the absorption rate of grass is anywhere between.6 to .9. Mr. Brown concurred. Commissioner Duffy City of Colleyville Page 2 Printed on 11/15/2006 Planning and Zoning Commission Minutes - Draft August 14, 2006 stated therefore, that water will go into the creek at certain times, no matter what time it is being released. Mr. Brown stated that being a fair general statement. Commissioner Duffy stated you have an obligation so that you do not increase the flow to that creek that would jeopardy the people downstream. Mr. Brown concurred and stated if the city's hydraulic analysis states this project needs any detention or retention, it will be constructed. Commissioner Duffy questioned if Mr. Brown's engineers have done any studies? Mr. Brown replied his engineers have done some studies and all have been submitted to the city's engineers. Because this is for zoning, we will have a more in depth look once we get to platting. Commissioner Duffy questioned Mr. Brown regarding if the tree study has been completed? Mr. Brown stated the tree study is completed and all will be provided to the city for platting. Commissioner Duffy stated this project will be the most dense area in the city. He stated this project will be encroaching the density measures. Mr. Brown stated this product works for this size area. Mr. Brown stated not just using these homes for empty nesters, there is a more broad range of people that will buy this product. Commissioner Duffy questioned Mr. Brown regarding what will access the 24 foot alley. Mr. Brown stated this alley would be accessible for emergency access. Fire Marshal Rob McKeown replied this 24 foot alley will work for emergency access. Commissioner Duffy questioned Mr. Brown regarding what is being dedicated for the widening of Church Street and the trail? Mr. Brown replied yes, the right of way for two lanes for Church Street and the 10 foot trail. Commissioner Duffy questioned Mr. Brown why this product will work in comparison to the Village town homes less than a mile down the road from this project. Kirk Wellwood, the builder, stated his quality will be of the quality that would see in a million dollar home. Commissioner Duffy stated there are a lot of small units being built in such a small area that there is a concern that there will be empty units sitting that will have to be rented or leased or sold too cheaply. Mr. Wellwood stated the market is for the "baby boomers" who want this smaller unit. Commissioner Taylor stated the Commission has approved three high density projects already; there is a concern that there is not enough buyers for this product. Commissioner Taylor stated being in the real estate industry and stated the "baby boomers" are the market, however, they are looking for one story units. Mr. Wellwood replied he is able to accommodate those by putting the master bedroom on the first floor and all other bedrooms on the second floor. He stated all of the front entry garages will have the masters on the first floor. Commissioner Taylor questioned Mr. Wellwood regarding if there will be any stand alone garages? Mr. Wellwood replied the units will have two car garages. Mary Ann Wilder, 1005 Hidden Oaks Court, spoke in opposition to the request and stated having concerns for congestion and density. Mike Marshall, 5707 Hidden Oaks Drive, President for Hidden Oaks Estates, spoke in opposition to the rezoning request and stated having issues with traffic. Donna Marshall, 5707 Hidden Oaks Drive, spoke in opposition to the rezoning request and stated having issues with density. Jim Delaney, 5801 Pleasant Run Road, concurred with neighbors and completely opposed this rezoning request, however would like to see acre lots. City of Colleyvllle Page 3 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Draft August 14, 2006 Carl Franklin, 5601 Pleasant Run Road, First United Methodist Church, stated having concerns for the amenity center being so close to the church sanctuary and stated wanting the amenity center to be moved. Don Welch, 1005 Dogwood Court, questioned how many units have been approved in this area and how much has been sold? There being no one wishing to speak, the public hearing was closed at 7:55 p.m. Commissioner Bartkowski questioned staff regarding if this project would be the highest in density and would the lot sizes be the smallest in the city? Barry LeBaron replied correct. Commissioner Bartkowski questioned staff if the realignment of Church Street would have an impact on the current zoning, would it be more appealing as commercial once Church Street is completed? Barry LeBaron replied looking at that when this rezoning request came forward. This property got its commercial zoning in the 90s. He stated it being a good location for office use, garden space, stand alone offices. Commissioner Bartkowski stated there is not any support from the neighbors for this density. Commissioner Byerly questioned staff regarding what is the density in other areas in the city? Barry LeBaron replied Spring Gardens addition, down by Cheek Sparger and Jackson Road is around 25 to 40 units. The Heritage Oaks addition will be 124 units. In January additional rezoning was approved for the Village, approving an addition 200 units. City Council approved a mixture of town home and smaller lot developments at Sanders Lane and SH26. There were 24 townhomes as part of that project and about 50 single family detached lots. Commissioner Dudziak questioned staff regarding if Church Street will be four lanes? Barry LeBaron replied correct. Commissioner Dudziak questioned staff if there is a reason as to why that will be four lanes? Barry LeBaron replied it will be a continuation with what Church Street is on the east side. Commissioner Dudziak stated this will be another arterial street. Barry LeBaron concurred with a trail on the south side. Commissioner Byerly questioned staff for clarity if Church Street will be curved? Barry LeBaron replied correct, it will have a slight s-curve. Chad Bartee, City Engineer has answers to questions regarding the time frame. Barry LeBaron replied the realignment is in the planning stages now. Commissioner Dudziak questioned staff if there are any plans to make improvements from the Village along Pleasant Run Road and Church Street? Barry LeBaron replied not at this time. Commissioner Dudziak stated the whole dynamics of this property could change once Church Street is realigned. Commissioner Taylor questioned Mr. Delaney regarding what he would like to see on this property. He stated wanting to see 1/2 acre lots. Commissioner Taylor questioned Mr. Delaney regarding what he would like to see if it didn't go residential? Mr. Delaney stated not being able to see anything other than residential. Commissioner Taylor questioned Mr. Delaney if he has a problem with living close to the churches? Mr. Delaney replied no, not at all, they were here when we moved here. City of Colleyville Page 4 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Draft August14,2006 Commissioner Bartkowski moved to deny case Z-06-017. Commissioner McCormick seconded. Commissioner Byerly stated to the audience that this property is zoned commercial. Commissioner McCormick stated concurring with Mrs. Marshall and stated the Commissioners should listen to the citizens, this Is too dense for this area. Density Is to go on the perimeter of town to separate our town from there town. Commissioner Taylor stated the city has already approved so much high density, that the Commission needs to stand down on this project. Commissioner Byerly concurred with Commissioner Taylor. He stated South lake Is much more urbanized because of the traffic flowing through It. Commissioner Taylor stated not being able to compare the two. South lake is living on Its own, you don't even need a car to live there. Commissioner Byerly suggested waiting to see if there is a market to support the need for more town homes. Commissioner Bartkowski concurred with Commissioner Byerly. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Duffy, Byerly Absent: 1 - Blassingame 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT: There being no further business before the Planning and Zoning Commission, the meeting adjourned at 8:15 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 10, 2006. Amy Shelley, Planning and Zoning Assistant City of Colleyvllle Page 5 Printed on 8/15/2006 t).9:~ ~ ~.tyo 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: 08/28/2006 Requester: Community Agenda No.: 7a Final Action: Development Department File Name: Case P-06-041 - PUBLIC HEARING - Final plat on Lot 1, Block 1 of the Waller Addition being a replat of Lot A 1 H, Block 2 of the Pleasant Oak Estates Addition located at 505 Leta Lane Attachments: Zoning and Location Map · Development Review Committee Memo · Applicant's Response Letter Dated August 15, 2006 · List of Property Owners Notified · Plat History of Legislative File Version: Date: Acting Body: 1 08/28/2006 Planning and Zoning Commission Title Case P-06-041 - PUBLIC HEARING - Final plat of Lots 1 and 2, Block 1 of the Waller Addition being a replat of Lot A 1 H, Block 2 of the Pleasant Oak Estates Addition located at 505 Leta Lane Explanation STAFF REVIEW COMMENTS James and Edie Gray have submitted a replat to subdivide 2.3-acres of land located at 505 Leta Lane. 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 single family residential lots. 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. The Land Development Code requires front yard setbacks along both roadway frontages of corner lots. Lot 1 is required to extend the 40-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 35-feet. Staff conducted a visual survey of homes along this street and determined this setback to be consistent with the amount of setback City of CoIleyville Page 1 Printed on 8/2412006 Agenda Briefing Continued 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. Sidewalks and Trails. The Land Development Code requires sidewalks on Bransford Road and Leta Lane. The sidewalk on Bransford Road must be five feet in width and the sidewalk on Leta Lane must be four feet in width. Sidewalks shall be constructed as part of the public improvements to the property. Perimeter Street Improvement Requirements. Perimeter street improvements are required since Leta Lane is considered an unimproved street and the plat contains more than one residential lot. The developer 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. 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 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 proposed 35-foot setback on Lot 1, 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 Colleyvtlle Page 2 Printed on 8/24/2006 700 5616 316 5612 R-20 5600 R-20 400 Zoning and Location Map 5701 R-40 R-40 SITE 505 513 601 404 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 9,2006 TO James & Edie Gray FAX NO 817.498.9589 Shaun Spooner (Spooner & Assoc) 817.281.1389 FROM Chris Fuller, Development Coordinator SUBJECT P-06-041 Waller 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: I. The property is located within the R40 zoning district. The R40 zoning designation requires a front yard setback of 40-feet. Though the Land Development Code contains provisions for adjusting the front yard lot line for infilllots, it is the opinion of staff that the majority of developed lots along Leta Lane are approximately 40 feet from the street. 2. The proposed 35-foot side yard setback along Bransford Road appears to be similar to the developed lot's setbacks along Bransford Road. A waiver is required by the Planning and Zoning Commission to approve the plat as proposed. In Your Response Letter, Acknowledge the Following Information: 3. 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 not required for Lot 1. Perimeter street improvements are required for the newly created lot since Leta Lane is considered an unimproved street. Perimeter street improvements are not required on Lot 1 as an existing house is located on the property. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as detennined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality detennination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. 100 Main street, Colleyville, Texas 76034-817.503.1050 DEVELOPMENT REVIEW COMMITIEE P-06-041 WALLER ADDITION PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided upon approval of the final plat. Parkland dedication fees are required for the newly created lot. Parkland dedication fees are not required for Lot 1. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets. The sidewalk along Leta Lane is required to be 4-feet wide. The sidewalks must be constructed at the time building improvements are made to this property. The developer is required to construct the sidewalks as part of the improvements for this property. 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. Please note the revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1 , 2007. SEWER $2,187 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER The following impact fee schedule is applicable for building pennits issued on or before March 31,2007. 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 I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 28,2006, 7:00 p.m. Please submit the following to our offices: PAGE2OF3 DEVELOPIENT REVIEW COMMITTEE P-06441 WALLER ADon'ION · 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). 1he above requested items must be submitted no later than noon on Wednesday, June 13, 2006, in order to make the scheduled hearings. 1he item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted Please contact me at fullerc@cLcolleyville.tx.usor817.503.1054 if you have any questions. PAGE3OF3 SPOONER AND ASSOCIA TF~, INC. 7417 Continental Trail North Richland Hills, TX 76180 PH 817-281-2355 FAX 817-281-1389 August 15. 2006 City of Colleyville Community Development Department 100 Main St. Collcyvi lie, TX 76034 Attn. Chris Fuller, Development Coordinator P-06-041 WALLER ADDITION replat This letter is in response to plat review comments dated August 9, 2006. I) The existing zoning district being R40 is now labeled on the plat. The front building line along Leta Lane has been changed to the required 40 foot setback building line. 2) The 35 foot side yard setback along Bransford road is per the existing building line on the previous Pleasunt Ouk Estates plat. A waiver will be requested of the Planning and Zoning Commisssion for this proposed 35 foot setback. 3) Perimeter street fees, parkland dedication fecs, watcr and sewer impact fees are due at the time of the approval of the final plat. Sidewalks and tree preservation will be required during construction. Enclosed are 12 full sized copies of the revised plat and a 8112" by II" reduced copy. Shaun Spooner, R. . RECEIVED AUb 1 6 !Clllh Per ............. P-06-041 West, Gary R Etux Nacia 5701 Bransford Rd Colleyville, TX 76034 Waller, Edwin 513 Leta Ln Colleyville, TX 76034 James & Edie Gray, Applicants 7904 Standley Street NRH, TX 76180 List of Property Owners Notified Stephens, Clyde R 512 Leta Ln Colleyville, TX 76034 West, Gary R Etux Nacia 5701 Bransford Rd Colleyville, TX 76034 Waller, Edwin L 513 Leta Ln Colleyville, TX 76034 Bowles, Lori L 508 Leta Ln Colleyville, TX 76034 Crowson, Rodney Etux Deborah 601 Leta Ln Colleyville, TX 76034 Dobbins, Tommie G 600 Leta Ln Colleyville, TX 76034 .110 ,'. ll~ It. ~ II ~ I ,. .~ ;f I , " ~ I . I r r f I r I I J I f r t J IP .. P- .' " J . , I I i I J JI'I ., Iii .Ii 1;1 'I. :0 ~'I. ~ .II~ ~ I 'II!.~~ 1;1:1" .!. 3 ~ J'~r ~ " ..lg N o .., ! d, I I. I I I: I , , , , -, I -- ---1f-~SF~-~ ----.l~--.--I-------l-- - ----- -------------------~- -------,------ ______~1lL.---------------- --1 i ,--- ~ II 'I I III--------_....;;O';;,:;;;;O.----l I I " I I I I' I I l~ '~!i : ~ i II' ,,'.. I I ' I j! 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":::::;.'~",,^.Q' , ~ . ~ 'I\.."ia" 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: 08/28/2006 Requester: Community Agenda No.: 7b Final Action: Development Department File Name: Case Z-06-019- PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 16.870 acres on Lot 1, Block 1 of the Lavaca Trail Addition, Lot 1, Block 1 of the Miller Addition, Lot 1, Block 1 of the La Attachments: Zoning and Location Map. List of Property Owners Notified . Development Review Committee Memo History of Legislative File Version: Date: Acting Body: 1 08/28/2006 Planning and Zoning Commission Title Case Z-06-019- PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 16.870 acres on Lot 1, Block 1 of the Lavaca Trail Addition, Lot 1, Block 1 of the Miller Addition, Lot 1, Block 1 of the Lancaster Hill Addition & Lot 1, Block 1 of the Giacomini Addition at 805 to 901 Lavaca Trail Explanation STAFF REVIEW COMMENTS RWS Management, Inc., has submitted a request to rezone 16.87-acres of land located on the south side of Lavaca Trail and approximately 1,450 feet east of Precinct Line Road. The property is currently zoned R40-Single Family Residential. Request. Rezone from R40-Single Family Residential to R20-Single Family Residential. Location. The 16.87-acres is located at 805 to 901 Lavaca Trail. Platting. The proposed rezoning request consists of several properties that are platted. The properties are currently developed as single family residences. The applicant has indicated plans to subsequently plat the properties into 28 lots upon approval of the rezoning request. Approval of a preliminary and final plat will be required prior to the issuance of building permits. City of Colleyvllle Page 1 Printed on 8/2412006 Agenda Briefing Continued 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 28 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 is in compliance with the Colleyville Master Plan recommendation. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north are zoned R40-Single Family Residential and are vacant. The properties to the east and south are zoned R40-Single Family Residential and are currently developed as single family residences. The properties to the west are currently scheduled for the September 5, 2006, City Council meeting for consideration of a request to rezone the properties to the R20-Single Family Residential zoning district. 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 along Lavaca Trail and internal to the development must be four (4) feet wide. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 28 lot development would add approximately 268 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of CoIleyvllle Page 2 Printed on 8/2412006 Zoning and Location Map Z-06-019 Goetting, Karen K 311 Timber Ridge Ln Coppell, TX 75019 Mcintosh, Doyle & Mary Fam Lp 8333 Thornhill Dr North Richland Hills, TX 76180 Parker, Eddy R 708 W Ld Lockett Rd Colleyville, TX 76034 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville, TX 76034 RWS Management Inc. 5611 Colleyville Blvd. #260 Colleyville, TX 76034 List of Property Owners Notified Craig, Wallace PO Box 308 Hurst, TX 76053 Gohr, Martin Etux Lorraine 809 Lavaca Tr Colleyville, TX 76034 Mittag, Andrew K Etux Janet A 901 W Lavaca Trl Colleyville, TX 76034 Plain, Veri Etux Ruth Ann 909 W Lavaca Trl Colleyville, TX 76034 Zimmerman, Jeffrey K 501 Lavaca Trl Colleyville, TX 76034 RWS Management Inc. 5611 Colleyville Blvd. #260 Colleyville, TX 76034 Giacomini, Stephanie A 805 W Lavaca Trl Colleyville, TX 76034 Martin, Stephen L Etux Nan C 813 W Lavaca Trl Colleyville, TX 76034 Nordling, Ronald E Etux Tammy 715 Lavaca Tr W Colleyville, TX 76034 Pratt, Leonard E 711 W Lavaca Trl Colleyville, TX 76034 Bvesco Lp 25 Highland Park Vlg Ste 100 Dallas, TX 75205 RWS Management Inc. 5611 Colleyville Blvd. #260 Colleyville, TX 76034 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 8, 2006 TO Ron Shirley (RWS Mgmt lnc) FAX N/A FROM Chris Fuller, Development Coordinator SUBJECT Z-06-019 808-901 Lavaca Trail 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. 1. Revise the name of the project. "Preston Oaks" has been submitted by another development. 2. Submit a copy of the legal description on an 8.5 x 11 sheet of paper. 3. Submit 15 copies of the rezoning exhibit for the Planning and Zoning and City Council public hearing processes. 4. lfthe zoning request is approved, the property shall be subject to the general provisions of the R20 Single Family Residential zoning district. 5. 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. 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. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVEL.OPIENT REVIEW CO~L II t:E Z-08-419101-101LAVACA TRAl.R40 TO R20 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 contpised 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 pennit. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees on the lot. Trees within the right of way and building pod are exempt from the tree mitigation requirements and do not have to be shown on the survey . TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 28,2006, 7:00 p.m. City Council: Tuesday, September 19 and October 3, 2006, 7:30 p.m. RESUBMmAL 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. · Exhibits and docwnents as requested. The above requested items must be submitted no later than noon on Wednesday, August 23, 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 fullel"C@cl.collewllle.tx.U8 if you have any questions. 1tAOE2OF2 . :n.;*- 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: 08/28/2006 Requester: Community Agenda No.: 7c Final Action: Development Department File Name: Case G-06-025- PUBLIC HEARING - Consider a change on zoning to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard Attachments: List of Property Owners Notified . Draft Ordinance History of Legislative File Version: Date: Acting Body: 08/28/2006 Planning and Zoning Commission Title Case Z-06-021- PUBLIC HEARING - Consider a change on zoning to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard Explanation STAFF REVIEW COMMENTS On September 11, 2001, the City Council approved Ordinance 0-01-1293, which authorized a Special Use Permit (SUP) for the sales of alcoholic beverages for on-premise consumption for the commercial business located at 5224 Colleyville Boulevard. In recent times, there have been five restaurants that have opened and closed at this location. At the August 15, 2006 City Council meeting, the City Council approved Resolution R-06-2743, which authorized the initiation of a change on zoning to repeal the SUP for the sales of alcoholic beverages for on-premise consumption for this property. The repealing of the SUP will support the City's current redevelopment efforts along SH26 by enabling the Economic Development staff to work with the current property owner to secure a high quality business tenant for this facility. A restaurant with a good business plan could certainly be considered for approval of a new SUP in the future. A new SUP application would require additional public hearings using the same procedures applicable for all rezoning requests. City of Colleyvilfe Paget Printed on 812412006 AQencn BrIefing Continued Public Notification. Staff notifed the adjacent property owners regarding the proposed repealing of the SUP. Staff has received no correspondence regarding this proposal. Staff notified the property owner in writing to advise him of the proposal. Staff also dicussed the proposal with the property owner via telephone conversation. The property owner understands the City's position and is inagfeement to try to find a high quality tenant for this building. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyvllle Page 2 Printed on 8/2412006 Z-06-021 First Baptist Ch Colleyville 5300 Colleyville Blvd Colleyville, TX 76034 Miller, Louis C Etux Elizabeth 7800 Tillman Hill Ct Unit B Colleyville, TX 76034 5224 Colleyville Ltd 640 S Ayrshire St Crosby ton, TX 79322 List of Property Owners Notified Barnard Partners Xiii Ltd PO Box 37206 Fort Worth, TX 76117 Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville, TX 76034 Tcbe Investments Lc 5004 Thompson Ter Colleyville, TX 76034 5224 Colleyville Ltd 640 S Ayrshire St Crosby ton, TX 79322 Davidson, Charles PO Box 424 Burleson, TX 76097 Hudson, Keith Carroll PO Box 1227 Colleyville, TX 76034 Village Monticello Prtns Ltd 99 Main St Ste 200 Colleyville, TX 76034 5224 Colleyville Ltd 640 S Ayrshire St Crosby ton, TX 79322 ORDINANCE 0-06-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE, PROVIDING FOR THE ZONING CHANGE OF THE PROPERTY ON LOT AR, E. M. THOMPSON SUBDIVISION, BY REPEALING THE SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WHICH WAS AUTHORIZED BY ORDINANCE 0-01- 1293; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 0-01-1293, approved on September 11, 2001, authorized a Special Use Permit for the sales of alcoholic beverages for on-premises consumption for Lot AR, E. M. Thompson Subdivision, located at 5224 Colleyville Boulevard; and WHEREAS, the City Council approved Resolution R-06-2743 on August 15, 2006, to initiate a change of zoning to repeal the Special Use Permit for the sales of alcoholic beverages for this property; 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, on August 28, 2006, the Planning and Zoning Commission held public hearings regarding the proposed zoning change; 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 Ordinance 0-06-XXXX Page 2 of 3 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. 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 Land Development Code of the City of Colleyville, Texas, be, and the same is hereby amended by repealing the Special Use Permit for the sales of alcoholic beverages for on-premises consumption on Lot AR, E. M. Thompson Subdivision, located at 5224 Colleyville Boulevard, as shown on the Zoning Map attached as Exhibit "A". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations Ordinance Q-06-XXXX Page 3 of 3 of this ordinance. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 8. 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 upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney 1r~~ ~ . ~ . ~ ~,' ~ 1 ~ t.~i \1m. ,... . ,I: ~~ ",1" '.'1~'~~~':~ ,\ 1 \ · \ ~n fir. ,t.' 0" S.. 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